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. Requirement to provide reasons for amendments

Date Published


Under reg 10.1(3), the Commissioner may require the applicant or patentee to provide:

  • a statement of reasons for a request for leave to amend; and/or
  • evidence in support of the request.

    Examination practice

    If the Commissioner requires the applicant or patentee to provide a statement of reasons or evidence in support of the request, they must file these within 3 months of being requested to do so.

    If we do not receive these documents within 3 months, the Commissioner must (under reg 10.4(b)) refuse the request for leave to amend.

    In practice, however, examiners only need to consider the reasons for an amendment when it relates to a clerical error or obvious mistake. We do not need to consider any reasons given by the applicant for requesting any other type of amendments.

    The Commissioner cannot refuse a request for amendment on the basis of deficiencies in the reasons given for the request (New England Biolabs Inc v Commissioner of Patents & Anor (2001) FCA 787 at paragraphs 53 and 54; 52 IPR 1).

    Amended Reasons

    Amended Reason Date Amended

    Published for testing

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