Document ID: chunk:federal_register_of_legislation:C2004C01328:clause:1_79c
Version: federal_register_of_legislation:C2004C01328
Segment Type: clause
Provision Reference: sch 1 cl 79C
Character Range: 26767–27805

79C  Divisional applications for innovation patents may be made after grant of an innovation patent

Applications may be made

 (1) A patentee of an innovation patent (the first patent) may make a complete application for another innovation patent for a further invention disclosed in the first patent if the invention was disclosed in the complete specification filed in respect of the application on which the first patent was sealed.

When further applications must be made

 (2) The patentee may only make the further complete application during the period that commences on the day an examination of the first patent begins and ends at the end of a period prescribed in the regulations.

When does an examination begin?

 (3) For the purposes of subsection (2), an examination of the patent begins:
 (a) if the examination has been requested under paragraph 101A(b)—on the day the request was made; or
 (b) if the Commissioner decided to examine the patent under paragraph 101A(a)—on the day the Commissioner made that decision.