Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p30
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 77451–80127

the claim.

Circumstance
 (2) For paragraph (1)(a), the circumstance is that the specification containing the claim that defines the invention was filed for a PCT application, and:
 (a) either:
 (i) the PCT application claims the priority of an earlier application under Article 8 of the PCT; or
 (ii) the PCT application has been amended to include a claim to priority from an earlier application that, at the time of filing the PCT application, was a claim to priority that could have been made under Article 8 of the PCT; and
 (b) either:
 (i) the earlier application was made in Australia no more than 12 months before the filing date of the PCT application; or
 (ii) the earlier application was made in Australia more than 12 months before the filing date of the PCT application, and:
 (A) a receiving Office has restored the priority under Rule 26bis.3, and the restored priority has not been found to be ineffective by the Commissioner or a prescribed court under Rule 49ter.1; or
 (B) the Commissioner has restored the priority under Rule 49ter.2; or
 (C) the Commissioner has granted an extension of time under section 223 of the Act that has the effect of restoring a right of priority; or
 (iii) the earlier application is a basic application that was the first application made in a Convention country in relation to the invention, and:
 (A) the earlier application was made no more than 12 months before the filing date of the PCT application; or
 (B) the earlier application was made more than 12 months before the filing date of the PCT application, and a receiving Office has restored the priority under Rule 26bis.3, and the restored priority has not been found to be ineffective by the Commissioner or a prescribed court under Rule 49ter.1; or
 (C) the earlier application was made more than 12 months before the filing date of the PCT application, and the Commissioner has restored the priority under Rule 49ter.2; or
 (D) the earlier application was made more than 12 months before the filing date of the PCT application, and the Commissioner has granted an extension of time under section 223 of the Act that has the effect of restoring a right of priority; or
 (iv) the earlier application is a basic application that was made after a basic application mentioned in subparagraph (iii).
 (3) For the purposes of this regulation, if a provisional specification was filed for a basic application when the application was made, a complete specification later filed for the basic application is taken to be another basic application from which the PCT application claims priority, made on the day when the complete specification was filed.

Documents
 (4) For