Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 10.2B

Amendments not allowable for patent requests

             (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.



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