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Date Published

Only examiners with the acceptance delegation have a delegation to grant leave to amend and allow amendments under sec 104.

If a notice publishing the granting of leave is not required for an amendment request, the proposed amendments which are the subject of that request can be allowed immediately (reg 10.6(1)).

Where a notice is published, proposed amendments which are the subject of the amendment request must be allowed when the allowance of the amendments is not opposed (reg 10.6(2)).  Any opposition must be filed in the period prescribed by the Regulations.  

Where allowance of the amendments is not opposed, at the end of the opposition period COG will allow the amendments and incorporate them into the specification.

Where the allowance of the amendments is opposed, the allowance or otherwise of the amendments will be determined when a decision is made on the opposition (see also Standard Patents).

No Formal Act of Acceptance

Where an amendment has been processed as allowed (including making the amendment), but there has been no formal act of acceptance (e.g. for paper cases a form has not been signed), then the amendment may still have been properly made. Implied Delegations provides guidance on the appropriate course of action.

Amendments Affecting Register

Where an amendment is proposed after acceptance that would have an effect on what is recorded on the Register, such as an amendment to the title or to a patent request, examiners should immediately ask the Acceptance Unit to set a bar to grant flag in PAMS.  This ensures grant does not occur until the amendment has been allowed or otherwise finally dealt with.

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