IPA patent 8.11.4-priority-date-issues-relating-to-amended-claims — IP Australia Patent Manual of Practice and Procedure – 8.11.4 Priority Date Issues Relating to Amended Claims

Also in this Chapter: 8.11.1 Priority Date of Claims 8.11.2 Priority Date Specific to Associated Applications (Priority Document is a Provisional) 8.11.3 Priority Date Issues Specific to Convention Applications ​​​​​​​ Key Legislation: Patents Act: s89 (Superseded) s114 Priority date of claims of certain amended specifications Patents Regulations: reg 3.14 Priority dates: certain amended claims ​​​​​​Section 114 provides a general mechanism for determining the priority date where a complete specification has been amended. The section applies to all amendments and can be invoked prior to acceptance. When a previously allowed amendment results in a specification claiming matter that was in substance disclosed only as a result of amending the specification, the priority date of that claim is the date that the amendment was filed (reg 3.14). The most common reason for invoking sec 114 is in relation to national phase applications, where the specification is deemed amended under s89(4) and s89(5). (Note that the provisions of s89(4) and s89(5) only apply to PCT applications filed before 15 April 2013).