6A.1Divisional applications before grant—standard and innovation patents

6A.1 Divisional applications before grant—standard and innovation patents

(1) For paragraph 79B(2)(a) and subparagraph 79B(3)(b)(iv) of the Act, a further complete application must: (a) be made in accordance with section 29 of the Act; and (b) be filed: (i) if the first application is for a standard patent—no later than 3 months from the day the notice of acceptance of the first application is published under paragraph 49(5)(b) of the Act; or (ii) if the first application is for an innovation patent—before the grant of the patent under subsection 62(1) of the Act.

Note: For the definition of first application, see section 79B of the Act.

(2) For paragraph 79B(2)(b) of the Act, the particulars are: (a) a statement that the application is a further complete application for section 79B of the Act; and (b) the number of the first application.