Patents Regulations 2014

52 Divisional applications

(1)

If an applicant makes a divisional application under section 34 of the Act, the applicant must state that the application is a divisional application within the meaning of section 34 and give the application number of the parent application.

(2)

A request for the Commissioner to direct that the divisional application or a complete specification for that application (or both) be given an earlier filing date must—

(a)

be made at the time the divisional application is filed; and

(b)

specify the earlier filing date that is requested for the divisional application or complete specification (or both).

(3)

The prescribed manner in which an application may be made for the purpose of section 34(1) of the Act is as follows:

(a)

the divisional application must not include a claim or claims for substantially the same matter as claimed in the parent application; and

(b)

the parent application must not include a claim or claims for substantially the same matter as claimed in the divisional application.

Compare: SR 1954/211 r 23