2.23.5.4 Allowing Amendments Upon Acceptance of a Patent Request and Complete Specification

Date Published

Where proposed amendments are in anticipation of, or in response to, an examination report for a standard patent application, once leave to amend is granted, the amendments must be allowed immediately before acceptance. In these circumstances, the Commissioner grants leave to amend, allows the amendments and then accepts the patent request and complete specification.

An exception to the above procedure arises when the amendments relate to micro-organism deposit requirements (sec 6(c)). Any such amendments, even though they are in anticipation of, or in response to, an examination report, can be allowed immediately after granting leave, and separately from acceptance of the application (see 2.7.5 Amendments to Insert Section 6(c) Information and Extensions of Time Therefor).