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.

5.7.3 Amendment of a provisional application

Date Published


A proposed amendment of a provisional specification is not allowable if the amendment would mean that the specification claimed or disclosed matter beyond that disclosed in the following documents taken together (reg 10.3(1)):

  • the provisional specification as filed;
  • an abstract that was filed with the provisional specification; and
  • a missing part of a provisional application that was incorporated into the specification in accordance with reg 3.5A.

    Examination practice

    The considerations for determining whether an amendment would ‘claim or disclose matter that extends beyond that disclosed’ is similar to standard specifications, (see Allowability of amendments prior to acceptance).

    The exemption provided by Subsection 102(3) for correcting a clerical error or an obvious mistake, or for complying with s6(c) (deposit requirements) does not apply for the amendment of provisional specifications. Therefore, an amendment to correct a clerical error in a provisional specification is not allowable if, as a result of the amendment, the provisional specification would claim or disclose matter that extends beyond that disclosed in the relevant documents taken together.  

    If there is a request for a certified copy of a provisional specification that has been amended, copies of the specification, as filed and as amended, are certified together and supplied. As the determination of priority dates is the responsibility of each individual jurisdiction, that determination can only be made if the jurisdiction is aware of the disclosure in the specification as filed, as well as the specification as amended.

    Amended Reasons

    Amended Reason Date Amended

    Published for testing

    Back to top