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2.23.13.7 Amending a Patent Request to a Patent Request for a Patent of Addition

Date Published

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

Where a request to amend the patent request to one for a patent of addition is made, the patent request and complete specification must be checked to determine whether they are suitable to become a patent of addition.  If this is the case, then prior to acceptance leave to amend can be granted and the amendment allowed without advertisement.  After acceptance leave to amend must be advertised before the amendment is allowed, as the proposed amendment will materially alter the meaning of the patent request (reg 10.5(2)).

If the patent request and complete specification are not suitable to become a patent of addition after acceptance, the case should be referred to the Assistant General Manager (OEP) via a supervising examiner.

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