Document ID: chunk:federal_register_of_legislation:F2024C00944:front:0:p28
Version: federal_register_of_legislation:F2024C00944
Segment Type: other
Provision Reference: 
Character Range: 72540–75155

the application is made.

3.8  Time within which applications are to be made following certain decisions and declarations
  An application under section 29 of the Act must be made:
 (a) in the case of an application of the kind described in section 33 of the Act—within 3 months of the decision of the Commissioner referred to in paragraph 33(1)(c), (2)(c), (3)(c) or (4)(b) of the Act, as the case requires; or
 (b) in the case of an application of the kind described in section 34 of the Act—within 3 months of the declaration of a court under subsection 34(1) of the Act; or
 (c) in the case of an application of the kind described in section 35 of the Act—within 3 months of the declaration of the Commissioner under subsection 35(1) of the Act; or
 (d) in the case of an application of the kind described in section 36 of the Act—within 3 months of the declaration of the Commissioner under subsection 36(1) of the Act.

3.9  Prescribed period: treatment of complete application as provisional
  For subsection 37(1) of the Act, the prescribed period is:
 (a) for an application for a standard patent—the period from the date of filing of the complete application until the earlier of:
 (i) the end of 12 months from the filing date of the complete application; and
 (ii) the day that is 3 weeks before the due date for publishing a notice under section 54 of the Act; and
 (b) for an application for an innovation patent—12 months from the filing date of the complete application.

3.10  Prescribed period: making of complete applications
  For the purposes of section 38 of the Act, the period of 12 months from the filing date of the provisional application is prescribed.

3.11  Prescribed period—making Convention application
  For subsection 38(1A) of the Act, the prescribed period is 12 months from the day a basic application is first made in a Convention country for the invention.

Division 2—Priority date of claim

3.12  What this Division is about
 (1) This Division determines the priority date of a claim:
 (a) for subsection 36(4) of the Act (see regulation 3.13); and
 (b) for paragraph 43(2)(a) of the Act (see regulations 3.13A to 3.13E); and
 (c) for section 114 of the Act (see regulation 3.14).
 (2) However, if more than one of regulations 3.13A to 3.13E applies to a single claim, the priority date of the claim, for paragraph 43(2)(a) of the Act, is the 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.