Patents Ordinance, 2000 — section 33

33. Priority date in case of invention obtained from other person..—(1) Where an application is made for a patent for an invention which has been claimed in a complete specification filed in pursuance of any other such application, then if

(a)the Controller has refused to grant a patent in pursuance of that other application on the ground specified in clause (a) of sub-section (1) of section 23;

(b)a patent granted in pursuance of that other application has been revoked by the High Court under section 46 or by the Controller under section 47 on the ground specified in clause (a) of sub-section (1) of section 23; or

(c)the complete specification filed in pursuance of the said other application has been amended by the exclusion of the claim relating to the said invention in consequence of a finding by the Controller that the invention was obtained by the applicant or patentee from any other person, the Controller may direct that the first-mentioned application and any specification filed in pursuance thereof shall be deemed, for the purposes of the provisions of this Ordinance relating to the priority date of claims of complete specification, to have been filed on the date on which the corresponding document was or was deemed to have been filed in the proceedings upon the said other application.