Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1A) For information of the kind referred to in paragraph 24 (1) (a) of the Act, if the applicant relies on the circumstance in subregulation 2.2 (1A), the prescribed period is the period of 12 months after the information was first made publicly available.
(1) For information of the kind referred to in paragraph 24 (1) (a) of the Act, if the applicant relies on a circumstance in subregulation 2.2 (2), the prescribed period is:
(a) in the case of a circumstance mentioned in paragraph 2.2 (2) (a) or (b):
(i) if the application claims priority from a basic application made within 6 months of the date of the first showing or use of the invention at a recognised exhibition -- 12 months from the making of the basic application; and
(ii) in any other case -- 6 months after the first showing or use of the invention at the exhibition; and
(b) in the case of the circumstance mentioned in paragraph 2.2 (2) (c):
(i) if the application claims priority from a basic application made within 6 months of the date of the first reading or publication referred to in that paragraph -- 12 months from the making of the basic application; and
(ii) in any other case -- 6 months after the first reading or publication; and
(c) in the case of the circumstance mentioned in paragraph 2.2 (2) (d) -- 12 months from the start of the first public working of the invention referred to in that paragraph.
(2) For the purposes of subsection 24 (1) of the Act, in the case of information of the kind referred to in paragraph 24 (1) (b) of the Act, the prescribed period is 12 months from the day when the information referred to in that paragraph became publicly available.
(3) Subregulation (4) applies:
(a) if an application for a patent is a divisional application:
(i) under section 79B of the Act for an invention disclosed in the specification filed with a previous application for a standard patent (the original application ); or
(ii) under section 79C of the Act for an invention disclosed in the specification filed in respect of an application for an innovation patent (the original application ); and
(b) only to information disclosed in the divisional application that was disclosed in the original application.
(4) For determining the prescribed period for subsection 24 (1) of the Act, the filing date of the divisional application is taken to be the filing date of the original application.