Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Priority date for divisional application after grant of innovation patent

             (1)  This regulation applies to a claim if:

                     (a)  both of the following apply:

                              (i)  the specification containing the claim that defines the invention was filed for a divisional application under section 79C of the Act;

                             (ii)  examination of the divisional application is requested within 2 months from the date of the grant of the divisional application; and

                     (b)  the specification referred to in subsection 79C(1) of the Act clearly discloses the invention in the claim.

             (2)  Subject to regulation 3.12, the priority date is the priority date that the claim would have had if the claim had been in the specification mentioned in subsection 79C(1) of the Act.

             (3)  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.

             (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 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 document is filed;

                     (c)  the requirements of paragraph 6(c) of the Act are satisfied by the complete specification that contains the claim.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback