Section 13

by substituting for subsection (1) the following subsection:

“(1)  The applicant may, within the prescribed period, make a request to the Registrar for a divisional application to divide an application into two or more applications in the form as determined by the Registrar together with the payment of the prescribed fee, provided that each divisional application shall not go beyond the disclosure in the initial application.”;

by inserting after subsection (1) the following subsections:

“(1a)  A request for the divisional application under subsection (1) shall not be allowed by the Registrar if before the date of such request, the initial application or the immediate preceding application relating to the initial application has been—

granted a patent;

refused;

deemed to be withdrawn;

Patents (Amendment)

withdrawn; or

abandoned.

Without prejudice to the power of Registrar to allow for divisional application, the prescribed period referred to in subsection (1) shall not be extended under section 82.”; and