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Date Published

Note: The information in this part only applies to:

  • requests to amend filed, or deemed under reg 10.6A to be filed, on or after 15 April 2013, for standard patent applications where a request for examination was not filed before 15 April 2013, and standard patents granted on such applications.
  • requests to amend filed on or after 15 April 2013 for innovation patent applications, and innovation patents where a request for examination was not filed before 15 April 2013, or the Commissioner had not decided before 15 April 2013 to examine the patent.

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), sec 40(3) or sec 40(3A).

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).

Subsection 102(2D) provides that an amendment of a patent request or a complete specification is not allowable, if it is of a kind prescribed by the Regulations.  The non-allowable amendments for patent requests or complete specifications are prescribed by reg 10.2B and reg 10.2C, respectively.  

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