4-29
Ch. 4
4.2.4
4.2.4
4.2.4
Year date.(Cont'd)
IV.
Variance between notice and application.
a.
Date in notice later than date of publication. Where the date in the notice is later than the date of publication (that is, apparently a postdated notice):
1.
General rule: Where there is nothing in the copies application or correspondence to indicate that the work, or a substantial part of it has been previously published or registered in unpublished torm, the claim should be rejected without searching or preliminary correspondence.
2.
Exception: Where no previous publication or registration is indicated, but the date of publication given in the application falls within the year immediately preceding the year in the notice, the claim should be entered without searching. A warning letter should be sent, and the application (not the certiticate) should be annotated to show the date in the notice.
3.
Previous publication or registration indicated.Where something on the application, in the notice, on the copy, or elsewhere in the correspondence file indicates that the work, or a substantial part of it, has been previously published or registered in unpublished form, the Office should search or correspond to determine the date at the earlier publication or unpublished registration, and whether or not the present copies contain new copyrightable matter.
(a)
If an earlier publication for the work (other than foreign publication for an English language book registered ad interim) is tound, and there is no reason to suppose that the present copies contain new copyrightable matter, the claim should be rejected as a reprint and the problem presented by postdating the notice should be pointed out.
(b)
If unpublished registration (or foreign publication for an English-language book registered ad interim) took place before the. year immediately preceding the year in the notice, the claim should be rejected for postdated notice, unless:
