The Commonwealth Bank of Australia's rules and conditions for cheques (2014: Section 1.7.6 'Dishonour of cheques') clearly state that a cheque will be dishonoured if it is presented before the post-date as written on the cheque for the reason that, '..cheque bears a date that is in the future.This is known as a post-dated cheque and it cannot be paid until that date arrives.' While this is a sound interpretation of Australian Commonwealth law, for insurance reasons the bank protects itself from possible attack with the condition (2014: Section 1.7.1 'Using your cheques '): 'You authorise us to pay a post-dated cheque (one which is dated with a date in the future) drawn on your account and presented for payment at any time before the date of the cheque arrives.' In Brazil, the drawer may seek damages in Justice if their cheque is cashed in before its due date, according to the jurisprudential orientation of the Superior Court of Justice, as per Summary No. Under the clearing rules of the Canadian Payments Association, a post-dated cheque cannot be cashed prior to the date written on it.The check is dated September 5 and represents the full payment on one of the company's accounts receivable.
(3) For the purpose of determining whether a post-dated instrument is a cheque, the fact that the instrument is post-dated shall be disregarded.
(4) A cheque is not incomplete or irregular on its face by reason only that it is post-dated (whether or not the date has arrived).
Therefore, Section 17(1) of the Patents Act cannot be interpreted in a way which may conflict with Section 9 of the Patents Act.
Therefore, while invoking Section 17(1) for the post-dating of a provisional application where the complete specification has not been filed, Section 9(4) must not be taken into account.
Since this decision, the issue of post-dating has not been addressed by any other court or the IP Appellate Board.
Legislative intent In order to discover the legislative intent behind the introduction of the post-dating concept in the Patents Act, it is wise to examine the report submitted by the Rajgopala-Ayyangar Committee (RAC) to the government of India on its suggestions for the revision of the Indian patent law to suit industry needs.Section 17(1) appears not to apply in the case where the complete specification has already been filed pursuant to the provisional application due to the fact that Section 17(1), which allows post-dating by up to six months, is prefaced by the words “Subject to the provisions of Section 9”, and Section 9(4) allows post-dating in similar cases by more than six months.This preface infers that Section 17 is subservient to Section 9 of the Patents Act, and that if any provision of Section 17(1) conflicts with the mandate contained in Section 9, Section 9 will govern.If an applicant needs more than the prescribed period to file a complete specification, an applicant may post-date a patent application, accompanied by a provisional specification.In patents, post-dating refers to the shift of the priority date of a patent application to a later date.Precedent In 1999 the Delhi High Court in ((1999 IVAD Delhi 613, AIR 2000 Delhi 23, 80 (1999) DLT 56)) cited Sections 9 and 17, and stated that a patent could be post-dated only to the date of filing the complete specification.