Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation determines the priority date of a claim under subsection 36(4) of the Act.
(2) If the claimed invention is clearly disclosed in the specification mentioned in paragraph 36(1)(c) of the Act:
(a) if the specification was filed in relation to a complete application, the priority date of the claim is the priority date that the claim would have had if the claim was included in the specification; and
(b) if the specification was filed in relation to a provisional application, the priority date of the claim is the date the specification was filed.
(3) If the claimed invention is not clearly disclosed in the
specification mentioned in paragraph 36(1)(c) of the Act, the
priority date of the claim is the date the specification for the complete
application referred to in subsection 36(4) of the Act was filed.