Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to a claim if:
(a) the specification containing the claim that defines the invention was filed for:
(i) a divisional application under section 79B of the Act; or
(ii) a complete application that has been amended to become a divisional application under section 79B of the Act; and
(b) the specification mentioned in subsection 79B(1) of the Act (the earlier specification ) clearly discloses the invention in the claim.
(2) However, this regulation does not apply to a claim if:
(a) the deposit requirements must be satisfied in relation to the invention to comply with paragraph 40(2)(a) of the Act; and
(b) when the divisional application under section 79B of the Act is made, the period prescribed in subregulation 1.5(1) has ended in relation to the earlier specification; and
(c) the requirements of paragraph 6(c) of the Act are not satisfied in relation to the earlier specification.
(3) Subject to regulation 3.12, the priority date is the priority date that the claim would have had if the claim was in the earlier specification.
(4) For subsection 43(2A) of the Act:
(a) the circumstance mentioned in paragraph (1)(a) is a prescribed circumstance; and
(b) the document mentioned in paragraph (1)(b) is a prescribed document.
(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 document mentioned in paragraph (1)(b) is filed;
(b) the document mentioned in paragraph (1)(b) includes 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.