Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 23.32

Transitional: priority date and date of patent for innovation patent application that is a divisional application of a petty patent or petty patent application

  (1)   For an innovation patent that is a divisional application of a petty patent or a petty patent application under section   39 of the old Act:

  (a)   the priority date of the innovation patent is the date that would have been the priority date of the application under paragraph   3.12(1 )( c) of the old Regulations if the innovation patent application had been filed as a divisional application under section   39 of the old Act; and

  (b)   the date of the innovation patent is the date that would have been the date of the patent under paragraph   6.3(1 )( f) or (g) of the old Regulations if the innovation patent application had been filed as a divisional application under section   39 of the old Act.

  (2)   In this regulation:

"old Act" means the Patents Act 1990 as in force immediately before the commencement of the Patents Amendment (Innovation Patents) Act 2000 .

"old Regulations" means the Patents Regulations   1 991 as in force immediately before the commencement of the Patents Amendment (Innovation Patents) Act 2000 .


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