5.7.1.5 Withdrawal of a request to amend

Also in this Chapter:

• 5.7.1.1 What documents can be amended?
• 5.7.1.2 Who can request amendments?
• 5.7.1.3 When can amendments be requested?
• 5.7.1.4 Requirement to provide reasons for amendments
• 5.7.1.6 Circumstances in which an amendment request cannot be processed
• 5.7.1.7 Granting leave to amend
• 5.7.1.8 Fees for amendments

• 5.7.1.9 Annex A - Guidelines for Completing the Voluntary Section 104 Allowance Form

Key Legislation:

Patents Act:

• s102(2)(a) What amendments are not allowable? 

Related Chapters:

• 5.7.4.3 Allowability of amendments after acceptance

Overview

The applicant or patentee may withdraw an amendment request at any time before the amendment is allowed.

Examination practice

To withdraw an amendment request, the applicant or patentee must file a written request to do so. They can do this at any time before the amendment is allowed.

Withdrawal of a request is considered to be termination of the request. There is no fee for this.

Withdrawal request after the amendment has been allowed

Once amendments are allowed, they cannot be withdrawn. The applicant/patentee will need to file a new amendment request to revert the amendments. Examiners need to consider such requests carefully, because reversing an amendment may broaden the scope of an accepted claim and would therefore not be allowable under s102(2)(a). (See also 5.7.4.3 Allowability of amendments after acceptance)