Section 21

If a question with respect to a patent or application is referred by any person to the Registrar under section 20, and is not determined before the time when the application is first in order for a grant of a patent in pursuance of the application, that fact shall not prevent the grant of a patent, but on its grant that person shall be treated as having referred to the Registrar under section 48 any question mentioned in that section which the Registrar thinks fit.