Commonwealth Consolidated Regulations

PATENTS REGULATIONS 1991 - REG 10.2B

  (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.