Document ID: chunk:federal_register_of_legislation:C2014C00180:clause:6_44
Version: federal_register_of_legislation:C2014C00180
Segment Type: clause
Provision Reference: sch 6 cl 44
Character Range: 110359–111366

44  Subsections 43(5) and (6)
Repeal the subsections, substitute:
 (5) If, at the time when a Convention application or a PCT application is made in respect of an invention:
 (a) an application (the earlier application) has been made for protection in respect of the invention in a Convention country; and
 (b) the earlier application was made in the prescribed period; and
 (c) the earlier application has been withdrawn, abandoned or refused without becoming open to public inspection; and
 (d) the earlier application has not been used as the basis of claiming a right of priority in a Convention country under a law of that country; and
 (e) a later application has been made by the same applicant for protection in respect of the invention in a Convention country;
the earlier application is taken, for the purposes of this Act, to have never been made.
Note:  For the purposes of paragraph (e), the later application need not have been made in the same Convention country as the earlier application.