Section 104 Amendments

Date Published

An amendment under sec 104 to change the applicant can be part of the amendment process in response to, or in anticipation of, an examination report, or it may be independent of that process.  The effect of an amendment to the applicant is to change the applicant details recorded in PAMS.

When amendment of the applicant is proceeding under sec 104, no formal evidence to support the change is required, unless there is some contrary indication of their entitlement to the invention. If such evidence is required, it may be in the form of a new notice of entitlement, a declaration, a deed of assignment or a deed poll.

A request for the amendment of the applicant under sec 104 may be accompanied by a new patent request, however it is not a formal requirement.

A new notice of entitlement will also need to be provided, unless the change is clearly supported by documents already on file, for example a change of name supported by a certificate of marriage.  Where the documents on file are complex, e.g. a deed of assignment, examiners should request a new notice.

Where a request is made under sec 104 and COG have not made the necessary updates in PAMS, examiners should follow the procedures outlined in 5.5.4 Invention Details.