Commonwealth Consolidated Acts

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Divisional applications prior to grant of patent

  (1)   If:

  (a)   a complete application (the first application ) for a patent is made; and

  (b)   the first application is not a divisional application for an innovation patent provided for in section   79C;

the applicant may make a further complete application for a patent for an invention disclosed in the specification filed in relation to the first application.

  (2)   The further complete application:

  (a)   must be made in accordance with the regulations made for the purposes of this subsection; and

  (b)   must include the prescribed particulars.

  (3)   The further complete application can only be made during the period:

  (a)   starting on the day the first application is made; and

  (b)   ending when any of the following happens:

  (i)   the first application lapses;

  (ii)   the first application is refused;

  (iii)   the first application is withdrawn;

  (iv)   a period prescribed by the regulations for the purposes of this subparagraph ends.

  (4)   In this section:

"applicant" has the same meaning as in section   38.

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