Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 3.12

What this Division is about

  (1)   This Division determines the priority date of a claim:

  (a)   for subsection   36(4) of the Act (see regulation   3.13); and

  (b)   for paragraph   43(2)(a) of the Act (see regulations   3.13A to 3.13E); and

  (c)   for section   114 of the Act (see regulation   3.14).

  (2)   However, if more than one of regulations   3.13A to 3.13E applies to a single claim, the priority date of the claim, for paragraph   43(2)(a) of the Act, is the earliest of the dates that is determined by those regulations.

  (3)   Despite regulations   3.13A to 3.13E, the priority date of a claim, for paragraph   43(2)(a) of the Act, is no later than the date of the filing of the specification.

  (4)   In this Division, a document, or a set of documents considered together, clearly discloses an invention if the document, or set of documents, discloses the invention in a manner that is clear enough, and complete enough, for the invention to be performed by a person skilled in the relevant art.

  (5)   For the purposes of subregulation   (4), a document, or a set of documents considered together, is taken to clearly disclose an invention as mentioned in that subregulation   so far as such disclosure requires a description of a micro - organism, if:

  (a)   the micro - organism is deposited with a prescribed depository institution in accordance with such provisions of the Budapest Treaty as are applicable; and

  (b)   the prescribed circumstances for paragraph   43(2B)(b) of the Act apply.


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