Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 114

  (1)   This section applies if:

  (a)   a complete specification has been amended; and

  (b)   the amendment was not allowable under subsection   102(1); and

  (c)   as a result of the amendment, a claim of the amended specification claims an invention that:

  (i)   was not disclosed by the complete specification as filed in a manner that was clear enough and complete enough for the invention to be performed by a person skilled in the relevant art; but

  (ii)   is disclosed in that manner by the amended specification.

  (2)   If this section applies, the priority date of the claim must be determined under the regulations.