Commonwealth Consolidated Regulations

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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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