When a claim to priority is made pursuant to regulation 3 and any claim of the specification of the invention forming the subject of the application or patent is for the same subject matter as that claimed in a claim of the specification of any other application for a patent which when granted would have a priority date within the meaning of section 5 of the Patents Act 2013 later than the date of the communication but not later than the priority date of any claim of the specification of the patent applied for with the said claim to priority, the Commissioner or the court, as the case may be, may on satisfactory proof of communication of the invention, treat the date of communication as the priority date in any proceedings under the Patents Act 2013 or regulations made under that Act—
if the invention or part thereof claimed in the other application or patent was obtained in consequence of that communication:
provided that the invention or part shall be presumed to have been obtained in consequence of the communication unless the applicant or the patentee of the other application or patent proves that the invention or part was made in New Zealand before the date of communication or was independently devised in New Zealand.