Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p59
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 151329–153739

patent is:
 (a) if the date of the patent was recorded in the Register before 1 January 2000—the date recorded in the Register; or
 (b) if the Commissioner determined a date of the patent and told the applicant in writing before 1 January 2000—the date determined by the Commissioner; or
 (c) in any other case—the earliest of:
 (i) the date of the patent of the first‑mentioned application referred to in subsection 79B(1) of the Act; and
 (ii) the date that would be the date of the patent if a patent had been granted on that first‑mentioned application; and
 (iii) if that first‑mentioned application was itself a divisional application or was amended to be a divisional application before filing the later application—the date that would be the date of the patent if a patent had been granted on the divisional application.
 (8) For an innovation patent granted on a divisional application made under subsection 79C(1) of the Act, the date of the patent is the date of the first patent mentioned in subsection 79C(1).
 (9) If, under section 223 of the Act, the Commissioner has extended the time for making, under section 38 of the Act, a complete application associated with a provisional application, the date of the patent is the date 12 months from the date of making the first provisional application with which the complete application is associated.
 (10) If, under section 223 of the Act, the Commissioner has extended the time for making, under subsections 29B(1) and (2) of the Act, a Convention application in relation to a basic application, the date of the patent is the date 12 months from the date of making the first basic application to which the Convention application relates.
 (11) If a PCT application claims the priority of an earlier application under Article 8 of the PCT, and a circumstance mentioned in an item of the following table applies, the date of the patent is the date 12 months from the date of making the first application mentioned in the item.

Circumstances
Item           Column 1                                                                                                                                                                              Column 2
               The earlier application was…                                                                                                                                                          and: