5.7.2.1 Form of the Request to Amend the Patent Request

Also in this Chapter:

• 5.7.2.2 Non-allowable amendments to a patent request
• 5.7.2.3 Changing the applicant or nominated person
• 5.7.2.4 Converting the application
• 5.7.2.5 Amendments to the notice of entitlement and other documents

Key Legislation:

Patents Act:

• s104 Amendments by applicants and patentees​​​​​​​

Examination practice

Request to amend a patent request

A request for amendment may include a proposed amendment item that changes the patent request, for example:

"1. Amend the priority details to read US xx/xxxxxx."

The applicant may also file a replacement patent request incorporating this amendment. However, there is no formal requirement to do this, as the amendments will be transcribed into IP Australia’s record keeping systems.

Where a change occurs in the stating of the inventors (including where restriction of the invention results in all the originally stated inventors no longer being the actual inventors of the invention), an amended request specifying the revised actual inventors must be filed as a s104 amendment. These amendments are processed by CEG.

Note that CEG should be informed of any amendment to the patent request. 

Amending Convention particulars on a patent request  

Convention particulars may be amended by:

• changing the date of filing of the basic application to an earlier date;
• changing the date of filing of the basic application to a later date;
• adding a second or subsequent basic application to alter the priority date of at least some claims; and/or
• correcting details of the basic country, application number, or the date.

As these amendments will ‘materially alter the meaning or scope of the request’, the leave to amend must be advertised if the application has already been accepted. However, if the change is to correct an obvious mistake, no advertisement is required.

Unless the Convention details are obviously incorrect (that is, the priority date is after the date of filing), evidence is required to support the amendment. Examiners should request this evidence (such as the basic document or relevant correspondence) unless suitable evidence is already on file.