General Comments

Date Published

Note: The information in this part only applies to:

  • requests to amend filed before 15 April 2013, other than those deemed under reg 10.6A to be filed on or after 15 April 2013.
  • requests to amend filed on or after 15 April 2013 for:
  • standard patent applications with an examination request filed before 15 April 2013, and standard patents granted on such applications.
  • innovation patents with an examination request filed before 15 April 2013.
  • innovation patents where the Commissioner decided before 15 April 2013 to examine the patent.
  • standard patents granted, and innovation patents certified, before 15 April 2013.

For all other requests to amend, see General Comments.

Subsections 102(2) and 102(2A) provide that an amendment of a complete specification is not allowable:

  • after the acceptance of a specification relating to a standard patent; or
  • after the Commissioner has made a decision under sec 101E to certify a specification relating to an innovation patent;

if, as a result of the amendment:

  • a claim of the specification would not in substance fall within the scope of the claims of the specification before amendment; or
  • the specification would not comply with sec 40(2) or sec 40(3).

Subsection 102(2B) prohibits the amending of a patent request of an application for an innovation patent filed under sec 79C to a request for a standard patent (see also Amendments).