79BDivisional applications prior to grant of patent

79B 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happens: (i) the first application lapses; (ii) the first application is refused; (iii) the first application is withdrawn; (iv) a period prescribed by the regulations for the purposes of this subparagraph ends.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.