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Date Published

Note: The information in this part only applies to:

  • standard patent applications with an examination request filed on or after 15 April 2013.
  • innovation patents with an examination request filed on or after 15 April 2013.
  • innovation patents where the Commissioner had not decided before 15 April 2013 to examine the patent.  

For all other standard patent applications/innovation patents, see Priority Date Issues Specific to Convention Applications.


Regulation 3.13B indicates the type of documents that may serve as a priority document for a Convention application.  This includes all the documents filed at the same time as a basic application that is related to the Convention application.

For priority purposes, matter is deemed to have been disclosed if it was disclosed or claimed in a basic application.  Only that application, or a specification or other document (taken individually or together) filed in its support and at the same time, may be considered. The requirement of simultaneous filing, under sec 43AA and reg 3.14B, is important in order that a definite date of disclosure is established, i.e. the date of making the basic application.  (Note, however, ‘Subregulation 3.13B(3)’ below).

Subregulation 3.13B(3)

Subregulation 3.13B(3) provides for situations where the specification accompanying the basic application is a provisional specification and, at a date subsequent to the date of making such an application, a complete-after-provisional specification is filed. Provided the complete-after-provisional specification is filed in a Convention country before the Convention application is made in Australia, reg 3.13B(3) stipulates that the complete-after-provisional application is taken to be another related basic application filed on the day the complete-after-provisional specification was filed.

Basic Application Outside 12 Month Convention Period

Where a claim of a Convention application is enabled by the disclosure of a basic application which was lodged more than 12 months before the filing date of the Convention application, its priority date is the date of filing of the Convention application.  This applies regardless of whether the same matter has been disclosed in subsequently filed basic applications made within the specified 12 month period (unless the earlier basic application is taken never to have been made under sec 43(5)).  

See also Basic Application Outside 12 Month Convention Period.

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