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2.8.3A Amendment of Abstract

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 standard patent applications/innovation patents, see 2.8.3 Amendment of Abstract.

Under reg 10.3(2), the amendment of an abstract is not allowable.  Where the applicant proposes to amend the abstract (or the translation of the abstract of a PCT national phase application) under sec 104, examiners should object that the amendment cannot be made and that the applicant propose an amendment to delete the item (see also PERP code [K20A]).

Note: Where this is the only outstanding objection, examiners should accept the application, but add an “Assembly Note” to the file stating that the relevant amendment item is of no effect.

Note: Under reg 3.4, an abstract may be substituted.  However, in practice the Commissioner will only draft a new abstract where the filed abstract is manifestly deficient to the extent that it is unable to fulfil its purpose.  Where a new abstract is drafted, the procedures outlined in 2.8.2 Contents and Form should be followed.

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