Allowability Under Section 102(2)(b)

Date Published

Subsection 102(2) governs the allowability of proposed amendments to a complete specification of a standard patent after acceptance (including granted patents) or a certified innovation patent.  The provisions of sec 102(2)(b) ensure that compliance with sec 40(2), sec 40(3) and sec 40(3A) is maintained from the unamended to the amended specification.

Proposed amendments will not be allowable under sec 102(2)(b) unless the amended specification complies with sec 40(2), sec 40(3) and sec 40(3A).Consequently, examiners must consider whether, if the amendments were made, the specification would satisfy these requirements.