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 complete application that is associated with a provisional application under section 38 of the Act.
(2) For paragraph ( 1)(b), the documents are the documents filed for the provisional application at the time when the application was made.
(3) Subject to regulation 3.12, the priority date is:
(a) the date the provisional application was made; or
(b) if there is more than one provisional application--the date the earliest of those applications was made for which paragraph ( 1)(b) is satisfied.
Prescribed circumstances for micro - organisms
(4) 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.