Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 10.2C

Amendments not allowable for complete specifications

             (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.



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