Patents Act 1990
114Priority date of claims of certain amended specifications
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114 Priority date of claims of certain amended specifications
(1) This section applies if: (a) a complete specification has been amended; and (b) the amendment was not allowable under subsection 102(1); and (c) as a result of the amendment, a claim of the amended specification claims an invention that: (i) was not disclosed by the complete specification as filed in a manner that was clear enough and complete enough for the invention to be performed by a person skilled in the relevant art; but (ii) is disclosed in that manner by the amended specification. (2) If this section applies, the priority date of the claim must be determined under the regulations.