28. Preliminary examination

the application has a date of filing;

the application has not been withdrawn or treated as abandoned;

the filing fee under section 25(1)(b) has been paid;

one or more claims for the purposes of the application have been filed under section 26(12)(a); and

where the application has a date of filing under section 26(1) by reason only that the documents filed at the Registry to initiate the application satisfy the conditions in section 26(1)(a), (b) and (c)(ii), the documents referred to in section 26(7)(a), (b) and (c) have been filed at the Registry.

whether the application complies with all the formal requirements; and

whether —

any drawing referred to in the application; or

any part of the description of the invention for which the patent is sought,

to make observations on the Registrar’s determination; and

subject to section 81, to amend the application so as to comply with all the formal requirements.

the applicant makes observations as mentioned in subsection (4)(a) before the end of the period specified by the

as a result of the observations, the Registrar is satisfied that all the formal requirements have been complied with.

that drawing or part of the description of the invention shall be treated as included in the application; and

the date of filing of the application shall be the date on which that drawing or part of the description of the invention is filed at the Registry.

on or before the date which is the date of filing of the application by virtue of section 26(1), a declaration is made under section 17(2), in or in connection with the application, specifying an earlier relevant application; and

within such period as may be prescribed, the applicant —

makes a request to the Registrar for subsection (8)(b)

files a statement that the drawing or part of the description of the invention referred to in subsection (8) is incorporated in the application by reference to, and is completely contained in, the earlier relevant application, as filed;

furnishes such information on the earlier relevant application as may be prescribed; and

files such other documents as may be prescribed.