Withdrawal of Amendment Request

Date Published

A request for leave to amend may be withdrawn by a request in writing from the applicant at any time up until allowance. Withdrawal of a request is considered to be termination, not amendment, of the request, and no fee is payable.

Amendments cannot be cancelled once they have been allowed, unless a new request to do so is subsequently filed and allowed. Where such a request is made after acceptance of an application, examiners must consider whether a reversal to the original text is allowable, since broadening the scope of a claim which was previously narrowed would, except for the purposes of correcting an obvious mistake or clerical error, be contrary to sec 102(2)(a).