Document ID: chunk:federal_register_of_legislation:C2004C01328:clause:1_79b
Version: federal_register_of_legislation:C2004C01328
Segment Type: clause
Provision Reference: sch 1 cl 79B
Character Range: 25818–26767

79B  Divisional applications prior to grant of patent

 (1) If a complete patent application for a patent is made (but has not lapsed or been refused or withdrawn), the applicant may, in accordance with the regulations, make a further complete application for a patent for an invention:
 (a) disclosed in the specification filed in respect of the first‑mentioned application; and
 (b) where the first‑mentioned application is for a standard patent and at least 3 months have elapsed since the publication of a notice of acceptance of the relevant patent request and specification in the Official Journal—falling within the scope of the claims of the accepted specification.

 (1A) The reference to a complete patent application first‑mentioned in subsection (1) does not include a reference to a divisional application for an innovation patent provided for in section 79C.

 (2) In this section:

applicant has the same meaning as in section 38.