Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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.