Commonwealth Consolidated Regulations

PATENTS REGULATIONS 1991 - REG 10.2C

  (1)   This regulation is made for subsection   102(2D) of the Act.

  (2)   An amendment of a complete specification is not allowable if:

  (a)   the amendment relates to a matter mentioned in paragraph   6(c) of the Act; and

  (b)   after the amendment was made, the specification would not include each of the matters specified in that paragraph.

  (3)   An amendment of a complete specification is not allowable if the Commissioner:

  (a)   has given a copy of a request for leave to amend under subregulation   10.2(8) or (9) to a person; and

  (b)   has not given the person a reasonable opportunity to be heard.

  (4)   An amendment of a complete specification for an innovation patent, other than an amendment proposed in response to a direction under regulation   3.2B, is not allowable until after the patent has been granted.

  (5)   An amendment of a complete specification for an innovation patent is not allowable if the amendment would result in the specification claiming:

  (a)   a thing mentioned in subsection   18(2) of the Act; or

  (b)   a thing mentioned in subsection   18(3) of the Act (other than a thing also mentioned in subsection   18(4) of the Act).

  (6)   An amendment of a complete specification is not allowable if making an amendment would be contrary to section   112 or 112A of the Act.