Document ID: chunk:federal_register_of_legislation:C2014C00180:clause:3_79b
Version: federal_register_of_legislation:C2014C00180
Segment Type: clause
Provision Reference: sch 3 cl 79B
Character Range: 32893–33951

79B  Divisional applications prior to grant of patent
 (1) If:
 (a) a complete application (the first application) for a patent is made; and
 (b) 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.
 (2) The further complete application:
 (a) must be made in accordance with the regulations made for the purposes of this subsection; and
 (b) must include the prescribed particulars.
 (3) The further complete application can only be made during the period:
 (a) starting on the day the first application is made; and
 (b) ending when any of the following happens:
 (i) the first application lapses;
 (ii) the first application is refused;
 (iii) the first application is withdrawn;
 (iv) a period prescribed by the regulations for the purposes of this subparagraph ends.
 (4) In this section:
 applicant has the same meaning as in section 38.