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Date Published

Under reg 10.1(1), an applicant or patentee may ask the Commissioner for leave to amend by filing a request in an approved form, together with a statement of proposed amendments. A fee may also be payable (see Fees Required for Amendment Requests).

The requirement to file a request for leave to amend is taken to have been complied with in the case of amendments filed in response to an objection in an examiner's report, or in anticipation of examination (reg 10.1(1A)).

Although there is an approved form for filing a request to amend (Form P/00/039), it is not necessary to use the specific form.  Provided the relevant information can be ascertained from the correspondence, the amendment will be regarded as having met the requirements.  Hence before acceptance, it merely has to be clear that the applicant is requesting leave to amend the specification. After a patent has been granted, the patentee is required to state that no relevant proceedings are pending in respect of the patent (see Relevant Proceedings Pending). If there is any exclusive licensee or mortgagee of the patent, such person will also need to give consent to the amendment (see Consent of Exclusive Licensee or Mortgagee Required).

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