Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 10.1

Form of amendments

  (1)   For the purposes of subsection   104(1) of the Act, an applicant or a patentee may ask the Commissioner for leave to amend a patent request or complete specification or another filed document by filing a request for leave to amend in the approved form together with a statement of proposed amendments.

  (1A)   If an applicant proposes to amend a patent request, complete specification or other filed document for a reason mentioned in subregulation   (1B), the applicant is taken to have complied with subregulation   (1) if a written statement of the proposed amendments is filed.

  (1B)   For subregulation   (1A), the reasons are:

  (a)   to remove a lawful ground of objection or revocation raised in an examination report; or

  (b)   for an application for a standard patent -- in anticipation of examination of the patent request and complete specification; or

  (c)   for an innovation patent -- in anticipation of examination of the complete specification.

  (3)   The Commissioner may require an applicant or a patentee to file, within 3 months of being asked to do so, a statement of the reasons for the request being made and any evidence in support of the request.

  (4)   The Commissioner may, before granting leave to amend, require a patentee to file within 1 month of being asked to do so, a statement that, to the best of his or her knowledge, relevant proceedings are not pending in relation to the patent.

  (5)   For the purposes of this Chapter, a statement of proposed amendments may be amended by filing a statement of proposed amendments of the first - mentioned statement before leave is granted under regulation   10.5 to amend the patent request or complete specification or another filed document.


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