2.23.4.2 Request to Amend Where Patent/Application is not in Force

Date Published

Examination of a request for leave to amend is not required if the request applies to a patent which is not in force, or an application which has lapsed or been refused or withdrawn (see, however, 2.23.2.2 When Amendment May Be Requested).

Where the request relates to an application, whether before or after acceptance, examiners must ascertain whether the application has lapsed, or been refused or withdrawn. The continuation fee status may be checked by viewing the ‘In Force’ date on the ‘Ecase Summary’ screen in PAMS.  The status of the application is also indicated on the ‘Ecase Summary’ screen.

Where the request relates to an application in a state of lapse or lapsed, examiners should follow similar procedures to those outlined in 2.13.2 Applications in a State of Lapse, or Lapsed. In accordance with the Corporate Guidelines for Refunds and Waivers (see Refunds and Waivers), no automatic refund of the fee for filing the request will be made in these circumstances.