Divisional applications prior to grant of patent
79B Divisional applications prior to grant of patent
If:
a complete application (the first application) for a patent is made; and
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.
The further complete application:
must be made in accordance with the regulations made for the purposes of this subsection; and
must include the prescribed particulars.
The further complete application can only be made during the period:
starting on the day the first application is made; and
ending when any of the following happens:
the first application lapses;
the first application is refused;
the first application is withdrawn;
a period prescribed by the regulations for the purposes of this subparagraph ends.
In this section:
applicant has the same meaning as in section 38.
This provision refers to the regulations (the regulations
, prescribed particulars
, prescribed by the regulations
). Made under this Act:
- Patents Regulations 1991 · under s 228
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