Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 43

             (1)  Each claim of a specification must have a priority date.

             (2)  The priority date of a claim is:

                     (a)  the date of filing of the specification; or

                     (b)  where the regulations provide for the determination of a different date as the priority date--the date determined under the regulations.

             (3)  Where a claim defines more than one form of an invention, then, for the purposes of determining the priority date of the claim, it must be treated as if it were a separate claim for each form of the invention that is defined.

             (4)  The priority date of a claim of a specification may be different from the priority date of any other claim of the specification.

Priority date if claim arises from further application for an innovation patent provided for in section 79C

             (5)  If:

                     (a)  an innovation patent has been granted following an application provided for in section 79C; and

                     (b)  a request for the examination of the patent has been made within the period prescribed in the regulations;

the priority date of each claim in the specification is the date determined under the regulations.

             (6)  If:

                     (a)  an innovation patent has been granted following an application provided for in section 79C; and

                     (b)  a request for the examination of the patent has not been made within the period prescribed in the regulations;

the priority date of each claim in the specification must not be a date earlier than the date of filing of the application provided for in section 79C.