Document ID: chunk:federal_register_of_legislation:C2004C01328:clause:1_16
Version: federal_register_of_legislation:C2004C01328
Segment Type: clause
Provision Reference: sch 1 cl 16
Character Range: 17517–18363

16  At the end of section 43
Add:

Priority date if claim arises from further application for an innovation patent provided for in section 79C

 (5) If:
 (a) an innovation patent has been granted following an application provided for in section 79C; and
 (b) a request for the examination of the patent has been made within the period prescribed in the regulations;
the priority date of each claim in the specification is the date determined under the regulations.

 (6) If:
 (a) an innovation patent has been granted following an application provided for in section 79C; and
 (b) a request for the examination of the patent has not been made within the period prescribed in the regulations;
the priority date of each claim in the specification must not be a date earlier than the date of filing of the application provided for in section 79C.