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Date Published

Note: COG should be informed of any amendment to the patent request (see 5.5.4 Invention Details).

In general, requests to amend the Convention particulars require similar consideration to that outlined in Amending a Non-Convention Patent Request to a Convention Patent Request.  Prior to acceptance, leave to amend can be granted and the amendment allowed without advertisement.  After acceptance, the following leave to amend must be advertised before allowance (reg 10.5(2)):

  • the grant of leave for a request to amend the date of filing of the basic application to an earlier date;  
  • the grant of leave for a request to amend the date of filing of the basic application to a later date; and

  • the grant of leave for requests which seek to correct details of the basic country, the basic application number or the date.  For example, a change of priority document number by merely one digit can have a profound impact upon the priority date of the claims, i.e. from no priority to full priority.  (Note, however, that if the detail being corrected is an obvious mistake then advertisement is not required).

Unless the Convention details are obviously incorrect (e.g. priority date after date of filing), then evidence is required to support the amendment.  Evidence such as the basic document or relevant correspondence should be requested, unless suitable evidence is already on file.

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