Amendment Procedure When Deposit Requirements Cease to be Satisfied

Date Published

A person other than the applicant or patentee may file a notice under reg 3.29(1) notifying the Commissioner that the deposit requirements of sec 6(c) or sec 6(d) have ceased to be satisfied. Where the applicant or patentee subsequently files a request to amend the specification for the purpose of inserting sec 6(c) information (i.e. the name of the prescribed depositary institution and/or the file, accession or registration number of the deposit), the person who filed the notice should be sent:

  • a copy of the amendment request and the statement of proposed amendments (reg 10.2(9)); together with
  • a covering letter advising that should the person wish to be heard on the matter, they have 21 days from the date of the letter to notify the Commissioner.  

Before allowing an amendment, examiners should bring the matter to the attention of the Supervising Examiner CHEM 1, so that any issues affecting the reg 3.29(1) notification can be considered.