Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 3.13

Priority dates: certain persons and applications

         (1)   This regulation applies if, under subsection 36 (1) of the Act:

                (a)    the Commissioner declares a person to be an eligible person; and

               (b)    the person makes a complete application under section 29 of the Act.

         (2)   The priority date of a claim of the specification in respect of that application, being a claim that is fairly based on matter disclosed in the specification referred to in paragraph 36 (1) (c) of the Act and referred to in the declaration, is:

                (a)    if that specification is a complete specification -- the priority date of the claim or the date that would have been the priority date of the claim if the claim had been a claim of the specification; and

               (b)    if that specification is a provisional specification -- the date of filing of the provisional specification.



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