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8.9.1 Amendment of Abstract

Date Published

Key Legislation:

Patents Act:

  • s104 Amendments by applicants and patentees

The Act does not preclude the amendment of an abstract where it is a filed document.  Thus, the abstract of a Convention application or other national route application may be amended under s104.  However, the abstract of a PCT national phase application is not a filed document and therefore cannot be amended in the national phase.  Where the applicant proposes to amend the abstract (or a translation thereof) of a PCT national phase application under s104, examiners should object that the amendment cannot be made and that the applicant propose an amendment to delete the item (see also PERP code [K20]).

Note: Where this is the only outstanding objection, examiners should accept the application, but add an “Assembly Note” to the file stating that the relevant amendment item is of no effect.

Amended Reasons

Amended Reason Date Amended
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