Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation is made for subsection 102(2D) of the Act.
(2) An amendment of a patent request is not allowable if:
(a) the patent request has been accepted under section 49 or 52 of the Act; and
(b) the amendment would convert the patent application from:
(i) an application for a standard patent to an application for an innovation patent; or
(ii) an application for an innovation patent to an application for a standard patent.
(3) If:
(a) a request for leave to amend a patent request for a standard patent is filed within 3 weeks before the date a notice is due to be published in the Official Journal under section 54 of the Act in relation to the specification; and
(b) the amendment would:
(i) convert the patent application from an application for a standard patent to an application for an innovation patent; or
(ii) change the priority date of the application to a date that is later than the priority date that is currently recorded for the application;
the amendment is not allowable until after the date the notice is published.
(4) An amendment of a patent request is not allowable if:
(a) the patent request has been accepted under section 49 or 52 of the Act; and
(b) the amendment would convert the patent application into a further complete application within the meaning of section 79B or 79C of the Act.
(5) An amendment of a patent request is not allowable if:
(a) the amendment would convert the patent application into a further complete application within the meaning of section 79B of the Act; and
(b) the period allowed under subsection 79B(3) of the Act for making a further complete application has ended.
(6) An amendment of a patent request is not allowable if:
(a) the amendment would convert the patent application into a further complete application within the meaning of section 79C of the Act; and
(b) the period allowed under subsection 79C(2) of the Act for making a further complete application has ended.
(7) An amendment of a patent request is not allowable after the patent has been granted.
(8) An amendment of a patent request is not allowable if:
(a) the amendment would convert the patent application from an application for a standard patent to an application for an innovation patent; and
(b) the date of the patent (if granted) would be a date on or after the day this subregulation commences.
Note 1: This subregulation was inserted by the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Regulations 2020 .
Note 2: For the date of the patent, see section 65 of the Act and regulation 6.3.