34 Divisional applications

(1)

If a patent application has been made (but has not become void or been abandoned) (the parent application), the applicant may, in the prescribed manner, make a fresh patent application for any part of the subject matter of the parent application (the divisional application).

(2)

A divisional application may only be made—

(a)

before the acceptance of the complete specification for the parent application; and

(b)

in accordance with any further prescribed requirements relating to the period within which a divisional application may be made.

(3)

The Commissioner may direct that a divisional application or a complete specification for that application (or both) be given an earlier date if—

(a)

a request to that effect is made in the prescribed manner; and

(b)

the divisional application is only in respect of subject matter that was in substance disclosed by the parent application as filed.

(4)

The earlier date must not be earlier than,—

(a)

in the case of the divisional application, the filing date of the parent application; and

(b)

in the case of a complete specification for the divisional application, the filing date of the complete specification for the parent application.

Compare: 1953 No 64 s 12(5)