Commonwealth Consolidated Regulations

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Divisional applications before grant--standard and innovation patents

  (1)   For paragraph   79B(2)(a) and subparagraph   79B(3)(b)(iv) of the Act, a further complete application must:

  (a)   be made in accordance with section   29 of the Act; and

  (b)   be filed:

  (i)   if the first application is for a standard patent--no later than 3 months from the day the notice of acceptance of the first application is published under paragraph   49(5)(b) of the Act; or

  (ii)   if the first application is for an innovation patent--before the grant of the patent under subsection   62(1) of the Act.

Note:   For the definition of first application , see section   79B of the Act.

  (2)   For paragraph   79B(2)(b) of the Act, the particulars are:

  (a)   a statement that the application is a further complete application for section   79B of the Act; and

  (b)   the number of the first application.

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