PATENTS ACT 1990 - SECT 79B Divisional applications prior to grant of patent
PATENTS ACT 1990 - SECT 79B
Divisional applications prior to grant of patent(a) a complete application (the first application ) for a patent is made; and
(b) the first application is not a divisional application for an innovation patent provided for in section 79C;
the applicant may make a further complete application for a patent for an invention disclosed in the specification filed in relation to the first application.
(2) The further complete application:
(a) must be made in accordance with the regulations made for the purposes of this subsection; and
(b) must include the prescribed particulars.
(3) The further complete application can only be made during the period:
(a) starting on the day the first application is made; and
(b) ending when any of the following happens:
(i) the first application lapses;
(ii) the first application is refused;
(iii) the first application is withdrawn;
(iv) a period prescribed by the regulations for the purposes of this subparagraph ends.
"applicant" has the same meaning as in section 38.