Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to a claim if:
(a) the circumstance mentioned in subregulation (1A) (a prescribed circumstance for paragraph 43(2A)(a) of the Act) applies to the invention defined in the claim; and
(i) a document mentioned in subregulation (2) (a prescribed document for paragraph 43(2A)(b) of the Act) clearly discloses the invention in the claim; or
(ii) 2 or more of those documents (a prescribed set of prescribed documents for paragraph 43(2A)(b) of the Act), considered together, clearly disclose the invention in the claim.
(1A) For paragraph ( 1)(a), the circumstance is that the specification containing the claim that defines the invention was filed for:
(a) a Convention application; or
(b) a complete application that has been amended to become a Convention application.
(2) For paragraph ( 1)(b), the documents are the documents filed for a related basic application at the time when the application was made.
(3) For this regulation, if a provisional specification was filed for a related basic application when the application was made, a complete specification later filed for the basic application is taken to be another related basic application made on the day the complete specification was filed.
(4) Subject to regulation 3.12, the priority date is:
(a) the date the related basic application was made; or
(b) if there is more than one related basic application--the date the earliest of those applications was made for which paragraph ( 1)(b) is satisfied.
Prescribed circumstances for micro - organisms
(5) For paragraph 43(2B)(b) of the Act, the prescribed circumstances for a disclosure that requires a description of a micro - organism are as follows:
(a) the deposit of the micro - organism with a prescribed depository institution, in accordance with such provisions of the Budapest Treaty as are applicable, occurs on or before the date when the documents mentioned in subregulation (2) are filed;
(i) a document mentioned in subregulation (2) includes the relevant information on the characteristics of the micro - organism that is known to the applicant at the time the documents are filed; or
(ii) 2 or more of those documents, considered together, include the relevant information on the characteristics of the micro - organism that is known to the applicant at the time the documents are filed;
(c) the requirements of paragraph 6(c) of the Act are
satisfied by the complete specification that contains the claim.