Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 79B

             (1)  If a complete patent application for a patent is made (but has not lapsed or been refused or withdrawn), the applicant may, in accordance with the regulations, make a further complete application for a patent for an invention:

                     (a)  disclosed in the specification filed in respect of the first‑mentioned application; and

                     (b)  where the first‑mentioned application is for a standard patent and at least 3 months have elapsed since the publication of a notice of acceptance of the relevant patent request and specification in the Official Journal --falling within the scope of the claims of the accepted specification.

          (1A)  The reference to a complete patent application first‑mentioned in subsection (1) does not include a reference to a divisional application for an innovation patent provided for in section 79C.

             (2)  In this section:

"applicant" has the same meaning as in section 38.