Welcome to the new version of the Patents Manual. Please note there are changes to the numbering and sequence of the chapters and pages in the manual. You are encouraged to take the time to explore and familiarise yourself with this new structure. Formalities required and assessed during examination

Date Published

Key Legislation: 

Patents Act:

  • s104 Amendments by applicants and patentees

Patent Cooperation Treaty (PCT):

  • Article 19 Amendment of the Claims Before the International Bureau 
  • Article 34 Procedure Before the International Preliminary Examining Authority 

Regulations under the PCT:

  • Rule 91 Rectification of Obvious Mistakes in the International Application and Other Documents

Related Chapters:


Unusual formality situations may arise with convention applications where there have been amendments under:

  • PCT Article 19 (amendment of the claims);
  • PCT Article 34 (preliminary examination); and
  • PCT Regulations Rule 91 (rectification of obvious mistakes).​​​​​​​

Examination practice

Generally, these formality issues relate to numbering. For example:

  • Amended claims may have unusual numbering, for example, claims 3 to 6 are cancelled or claim 25 is the first claim; and/or
  • The amendments may have non-sequential page numbering.

Such numbering is allowable under the PCT, so no objection is required. However, examiners can suggest that the applicant voluntarily renumbers the claims or pages by amendment under s104.

When the examination report is generated, appropriate text will automatically appear in the ‘Additional comments’ section if the examiner responds ‘Yes’ to the question about Article 19/Article 34 amendments resulting in non-sequential claim/page numbering.

Amended Reasons

Amended Reason Date Amended

Published for testing

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