Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to an invention referred to in paragraph 45(1 )( b) or 48(1 )( a) of the Act that is, so far as claimed in any claim, the subject of:
(a) a claim of the complete specification in relation to an application for a standard patent referred to in subparagraph 48(3 )( a )( i) of the 1952 Act; or
(b) the claim of the complete specification in relation to an application for a petty patent referred to in subparagraph 48(3 )( a )( ii) of the 1952 Act;
the priority date of which is earlier than the priority date of the first - mentioned claim.
(2) If, under paragraph 45(1 )( b) or 48(1 )( a) of the Act, the Commissioner reports that the first - mentioned claim in subregulation (1) is a claim the priority date of which is later than the priority date of the claim referred to in paragraph ( 1 )( a) or (b), he or she may defer acceptance of the application and complete specification until the end of 3 months after:
(a) the date on which a patent was sealed on the application referred to in paragraph ( 1 )( a) or (b); or
(b) the date on which that application lapsed or was withdrawn
or refused.