Commonwealth Numbered Regulations

1995 No. 16 PATENTS REGULATIONS (AMENDMENT) - REG 11

11.1 Paragraph 3.12 (1) (b):
Omit the paragraph, substitute:

"(b) if the claim is fairly based on matter disclosed in 1 or more priority
documents, the date of filing the priority document in which the matter was
first disclosed;".

11.2 Subregulation 3.12 (2):
Omit the subregulation, substitute:



"(2) For the purposes of paragraph (1) (b):

   (a)  if the application that relates to the specification containing the
        claim is a complete application-a provisional application that is
        associated with that complete application in accordance with section
        38 of the Act ('time for making complete application') is a priority
        document; and

   (b)  if the application that relates to the specification containing the
        claim is a Convention application, a document of any of the following
        kinds is a priority document:

        (i)    a basic application that is related to the Convention
               application;

        (ii)   a specification, or another document filed in respect of, and
               at the same time as, a basic application that is related to
               that Convention application; or

        (iii)  a specification in respect of a basic application that is
               related to that Convention application, being a specification
               that was filed after the basic application was made;

   (c)  if:

        (i)    the application that relates to the specification containing
               the claim is a PCT application that, under Article 8 of the
               PCT, claims the priority of an earlier application; and

        (ii)   that earlier application is:

   (a)  an application made in Australia not more than 12 months before the
        international filing date of the PCT application; or

   (b)  a basic application, made not more than 12 months before the
        international filing date of the PCT application, that is the first
        application made in a Convention country in respect of the invention;
        or

   (c)  a basic application made after a basic application referred to in
        sub-subparagraph (b); that earlier application, and a specification
        filed in relation to that earlier application after it was made, are
        priority documents.



"(2A) For the purposes of paragraph (1) (b) and subregulation (2), 'filed'
includes filed with the Patent Office and filed with a corresponding Office of
another country.



"(2B) A reference in subregulation (2) to a basic application does not include
a basic application that has been disregarded by the Commissioner under
section 96 of the Act ('withdrawn, abandoned or refused applications').".