We are currently developing a new site to host the Patent Manual of Practice and Procedure. The BETA version of this site is now available for you to review. The information and content displayed in the BETA site is only available for testing purposes. Do not use or reference the information in the BETA site when making any decisions or actions regarding IP rights.

2.23.13 Amendment of a Patent Request or of Other Filed Documents

Date Published

Under sec 104, an applicant or patentee may seek to amend a patent request or any other filed document, e.g. a notice of entitlement.

Prior to acceptance of a standard patent application or certification of an innovation patent, leave to amend can be granted and the amendment allowed without advertisement.  After acceptance or certification, where leave to amend is granted and the proposed amendments are in respect of:

  • the complete specification; or
  • the patent request or another filed document and that amendment would ‘materially alter the meaning or scope of the request or document’;

then the amendment must be advertised for opposition purposes (reg 10.5(2)).

An amendment may or may not materially alter the meaning or scope of a document, depending on the circumstances.  For example, the addition or deletion of an inventor or nominated person will normally alter the meaning or scope of a document, whereas a minor variation of a name (e.g. to correct a spelling error) will not.

However prior to the grant of a standard patent, a proposed amendment to the name or address of the applicant does not materially alter the meaning or scope of the patent request or other filed document (reg 10.5(4)).

For further information on amending the patent request and other filed documents, see in particular the following:

Back to top