Publishing a Notice of the Granting of Leave to Amend

Date Published

In many situations where leave to amend is granted, a notice of that fact is required to be published in the Official Journal. The Minister or another person may oppose the allowance of an amendment if such a notice is given (reg 10.5(3)).

Regulation 10.5(2) specifies the circumstances where a notice is required. In particular, a notice is required when the leave to amend relates to a patent request and complete specification which have been accepted under sec 49, or a decision to certify has been made under sec 101E, and where the proposed amendment concerns either:

  • a complete specification; or
  • a patent request or another filed document and the proposed amendment would materially alter the meaning or scope of the request or document (note however reg 10.5(4)).

Under the provisions of reg 10.5(2), a notice regarding the grant of leave to amend is not required for a proposed amendment where the patent request and complete specification have not been accepted (standard patent), or a patent is not subject to a decision to be certified (innovation patent).