Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p34
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 87823–90672

micro‑organism are as follows:
 (a) the deposit of the micro‑organism with a prescribed depository institution, in accordance with such provisions of the Budapest Treaty as are applicable, occurs on or before the date when the document mentioned in paragraph (1)(b) is filed;
 (b) the document mentioned in paragraph (1)(b) includes the relevant information on the characteristics of the micro‑organism that is known to the applicant at the time the documents are filed;
 (c) the requirements of paragraph 6(c) of the Act are satisfied by the complete specification that contains the claim.

3.13E  Priority date for divisional application after grant of innovation patent
 (1) This regulation applies to a claim if:
 (a) both of the following apply:
 (i) the specification containing the claim that defines the invention was filed for a divisional application under section 79C of the Act;
 (ii) examination of the divisional application is requested within 2 months from the date of the grant of the divisional application; and
 (b) the specification referred to in subsection 79C(1) of the Act clearly discloses the invention in the claim.
 (2) Subject to regulation 3.12, the priority date is the priority date that the claim would have had if the claim had been in the specification mentioned in subsection 79C(1) of the Act.
 (3) For subsection 43(2A) of the Act:
 (a) the circumstance mentioned in paragraph (1)(a) is a prescribed circumstance; and
 (b) the document mentioned in paragraph (1)(b) is a prescribed document.
 (4) For paragraph 43(2B)(b) of the Act, the prescribed circumstances for a disclosure that requires a description of a micro‑organism are as follows:
 (a) the deposit of the micro‑organism with a prescribed depository institution, in accordance with such provisions of the Budapest Treaty as are applicable, occurs on or before the date when the document mentioned in paragraph (1)(b) is filed;
 (b) the document mentioned in paragraph (1)(b) includes the relevant information on the characteristics of the micro‑organism that is known to the applicant at the time the document is filed;
 (c) the requirements of paragraph 6(c) of the Act are satisfied by the complete specification that contains the claim.

3.14  Priority dates: certain amended claims
  If section 114 of the Act applies to a claim of a specification, the priority date of the claim is:
 (a) in the case of an amendment to which subsection 29A(3) of the Act applies—the date on which the amendment is taken to have been made under that subsection; and
 (b) in any other case—the date of filing of the statement of proposed amendments that resulted in the disclosure referred to in subparagraph 114(1)(c)(ii) of the Act.

Division 3—Examination

3.14A  Request for international‑type search relating to provisional application
 (1) An applicant for a