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8.3.3 Allowability Under Section 102(2) - General Comments

Date Published

Subsections 102(2) and 102(2A) provide that an amendment of a complete specification is not allowable:

  • after the acceptance of a specification relating to a standard patent; or
  • after the Commissioner has made a decision under sec 101E to certify a specification relating to an innovation patent;

if, as a result of the amendment:

  • a claim of the specification would not in substance fall within the scope of the claims of the specification before amendment; or
  • the specification would not comply with sec 40(2) or sec 40(3).

Subsection 102(2B) prohibits the amending of a patent request of an application for an innovation patent filed under sec 79C to a request for a standard patent (see also Amendments).

Amended Reasons

Amended Reason Date Amended
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