Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 2.3

Divisional applications--period

  (1)   For subsection   24(1) of the Act, this regulation applies to an invention if:

  (a)   the specification containing the claim in which the invention is defined was filed for a divisional application under section   79B or 79C of the Act; and

  (b)   the claim is entitled under regulation   3.13D or 3.13E to the priority date that it would have if the claim was in the specification filed with a previous application (the original application ); and

  (c)   a circumstance mentioned in regulations   2.2 to 2.2D applies; and

  (d)   the original application was filed in the period prescribed in the circumstance under regulations   2.2 to 2.2D.

  (2)   The prescribed period for making the divisional application is:

  (a)   if the divisional application was filed in the period mentioned in paragraph   ( 1)(d)--that period; or

  (b)   otherwise--the period ending on the day the divisional application was made.


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