Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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.