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Date Published

Note: The information in this part only applies to:

  • requests to amend filed before 15 April 2013, other than those deemed under reg 10.6A to be filed on or after 15 April 2013.
  • requests to amend filed on or after 15 April 2013 for:
  • standard patent applications with an examination request filed before 15 April 2013, and standard patents granted on such applications.
  • innovation patents with an examination request filed before 15 April 2013.
  • innovation patents where the Commissioner decided before 15 April 2013 to examine the patent.
  • standard patents granted, and innovation patents certified, before 15 April 2013.

For all other requests to amend, see Priority Date Issues Relating to 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 sec 89(4) and sec 89(5). (Note that the provisions of sec 89(4) and sec 89(5) only apply to PCT applications filed before 15 April 2013).

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