Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p15
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 39888–42733

the nominated person, patentee or predecessor in title of the nominated person or patentee; and
 (b) for subsection 24(1) of the Act—a period for making a complete application for an invention if the circumstance applies.

Circumstance
 (2) The circumstance is that the information has been made publicly available in circumstances other than the circumstances described in regulations 2.2, 2.2A and 2.2B.

Period
 (3) The period for making a complete application for the invention is 12 months from the day the information was made publicly available.

2.2D  Information made publicly available without consent—period
  For subsection 24(1) of the Act, for information made publicly available in the circumstances mentioned in paragraph 24(1)(b) of the Act, the prescribed period for making a complete application for an invention is 12 months from the day the information was made publicly available.

2.3  Divisional applications—period
 (1) For subsection 24(1) of the Act, this regulation applies to an invention if:
 (a) the specification containing the claim in which the invention is defined was filed for a divisional application under section 79B or 79C of the Act; and
 (b) the claim is entitled under regulation 3.13D or 3.13E to the priority date that it would have if the claim was in the specification filed with a previous application (the original application); and
 (c) a circumstance mentioned in regulations 2.2 to 2.2D applies; and
 (d) the original application was filed in the period prescribed in the circumstance under regulations 2.2 to 2.2D.
 (2) The prescribed period for making the divisional application is:
 (a) if the divisional application was filed in the period mentioned in paragraph (1)(d)—that period; or
 (b) otherwise—the period ending on the day the divisional application was made.

2.4  Prescribed period: patents of addition
 (1) For the purposes of section 25 of the Act, the prescribed period is the period that commences on the priority date of the claim of the specification of the main invention and ends immediately before the priority date of the relevant claim of the specification of the patent of addition.
 (2) In subregulation (1), a reference to the claim of the specification of the main invention is a reference to:
 (a) the claim defining that main invention; or
 (b) if there are 2 or more claims defining the main invention—the claim that has the earlier or earliest priority date.

2.5  Prescribed period: assertion that invention is not a patentable invention
  For subsection 27(1) of the Act, the prescribed period is the period:
 (a) beginning immediately after the complete specification filed in relation to the application for a standard patent becomes open to public inspection; and
 (b) ending 3 months after the date of publication in the Official Journal of the notice of