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. Who can request amendments?

Date Published


Only the applicant or the patentee may request an amendment.

To amend an existing patent for which there is a registered mortgage or exclusive licence, the patentee needs consent from the mortgagee or licensee.

Examination practice

If anyone other than the applicant or patentee requests an amendment, the examiner should object that the person requesting the amendment is not eligible to do so.

Consent from mortgagee or exclusive licensee

Amending a patent that has a registered mortgage or exclusive licence is allowable only if the mortgagee or licensee consents in writing to an amendment of the complete specification (s103). The consent may be filed as part of the request to amend or in a separate document filed at the time of the request or at a later date. Section 213, which allows certain documents to be signed by a patent attorney, does not apply here – the consent must be signed by the mortgagee or licensee.

Consent is not required from a non-exclusive licensee or where a licence or mortgage has not been registered. However, if an exclusive licence or mortgage is registered after leave has been granted to amend and before the amendments have been accepted, consent from the registered licensee or mortgagee is required before the amendments can be allowed.

Check for registered mortgage or exclusive licence

Where there is a request to amend the specification, the examiner should check for any registered mortgagee or exclusive licensee. To do this, view the relevant filed documents or navigate to the 3rd Party eCase screen.

Procedure if consent has not yet been given

If consent is required but has not been given, the examiner should still examine the amendment request and issue a report. The report should include, in addition to any adverse comments regarding allowability, a statement that leave to amend will not be granted unless either:

  • IP Australia receives written consent to the amendment; or
  • the Commissioner makes a direction under s103(2) to dispense with such a consent.

Procedure if there are further amendments

Sometimes a request for further amendments will be filed after the mortgagee or licensee has consented to the original ones. If the further amendments substantially change the overall nature of the amendments, an additional consent will be required. The examiner will need to request this consent if it is not filed at the same time as the amendment request.​​​​​​​

Amended Reasons

Amended Reason Date Amended

Published for testing

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