2.23.11.1 General Comments

Date Published

Amendments filed following the grant of a patent are inherently different to those filed during examination.  As the patent has already been granted, the amendment may be motivated by considerations other than achieving compliance with the requirements of the Act (for example, a future infringement action may be contemplated).

If an amendment is made with a view to a planned infringement action, the consequences arising from an erroneous allowance of an amendment can be significant.  Similarly, amendments with a view to a future extension of term under sec 70 can have important consequences for the operation of the Pharmaceutical Benefits Scheme.  Thus, these amendments carry a different risk to the public than amendments during examination.

Such cases are regarded as high risk and are therefore subject to quality assurance processes.

Note:  For granted standard patents, examiners should always check for a statement that no relevant proceedings are pending (see 2.23.3.5 Relevant Proceedings Pending).