Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p29
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 74925–77715

earliest of the dates that is determined by those regulations.
 (3) Despite regulations 3.13A to 3.13E, the priority date of a claim, for paragraph 43(2)(a) of the Act, is no later than the date of the filing of the specification.
 (4) In this Division, a document, or a set of documents considered together, clearly discloses an invention if the document, or set of documents, discloses the invention in a manner that is clear enough, and complete enough, for the invention to be performed by a person skilled in the relevant art.
 (5) For the purposes of subregulation (4), a document, or a set of documents considered together, is taken to clearly disclose an invention as mentioned in that subregulation so far as such disclosure requires a description of a micro‑organism, if:
 (a) the micro‑organism is deposited with a prescribed depository institution in accordance with such provisions of the Budapest Treaty as are applicable; and
 (b) the prescribed circumstances for paragraph 43(2B)(b) of the Act apply.

3.13  Priority date for application by person declared under section 36 of the Act
 (1) This regulation determines the priority date of a claim under subsection 36(4) of the Act.
 (2) If the claimed invention is clearly disclosed in the specification mentioned in paragraph 36(1)(c) of the Act:
 (a) if the specification was filed in relation to a complete application, the priority date of the claim is the priority date that the claim would have had if the claim was included in the specification; and
 (b) if the specification was filed in relation to a provisional application, the priority date of the claim is the date the specification was filed.
 (3) If the claimed invention is not clearly disclosed in the specification mentioned in paragraph 36(1)(c) of the Act, the priority date of the claim is the date the specification for the complete application referred to in subsection 36(4) of the Act was filed.

3.13A  Priority date for PCT application
 (1) This regulation applies to a claim if:
 (a) the circumstance mentioned in subregulation (2) (a prescribed circumstance for paragraph 43(2A)(a) of the Act) applies to the invention defined in the claim; and
 (b) either:
 (i) a document mentioned in subregulation (4) (a prescribed document for paragraph 43(2A)(b) of the Act) clearly discloses the invention in the claim; or
 (ii) 2 or more of those documents (a prescribed set of prescribed documents for paragraph 43(2A)(b) of the Act), considered together, clearly disclose the invention in 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