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PATENTS REGULATIONS 1991 - REG 10.5

Commissioner to grant leave to amend

  (1)   The Commissioner must grant leave to amend a patent request, complete specification or other filed document:

  (a)   if the report on the proposed amendments under subregulation   10.2(1) is not an adverse report; and

  (b)   in the case of amendments that are proposed in anticipation of, or in response to, a report relating to an examination under section   45 of the Act and that do not relate to matters mentioned in paragraph   6(c) of the Act -- if the Commissioner is satisfied, on the balance of probabilities, that the proposed amendments would remove all lawful grounds of objection to the patent request and complete specification; and

  (c)   in the case of amendments that are proposed in anticipation of, or in response to, a report relating to an examination under section   101B of the Act -- if the Commissioner is satisfied, on the balance of probabilities, that the proposed amendments would remove all lawful grounds for revocation of the innovation patent.

  (2)   If the Commissioner grants leave to amend, he or she must publish a notice of that fact in the Official Journal , where:

  (a)   the patent request and complete specification to which the leave to amend relates have been accepted under section   49 of the Act, or a decision to certify has been made under section   101E of the Act; and

  (b)   the proposed amendments are in respect of:

  (i)   the complete specification; or

  (ii)   the patent request or another filed document and the proposed amendments would materially alter the meaning or scope of the request or document.

  (3)   The Minister or another person may oppose allowance of an amendment if a notice is published under subregulation   (2).

  (4)   For the purposes of paragraph   ( 2 )( b), if:

  (a)   a request for leave to amend is filed before a patent is granted on an application under section   61 of the Act; and

  (b)   the proposed amendments relate to the name or address of an applicant for the patent;

the proposed amendments are not taken to materially alter the meaning or scope of the patent request or other filed document.


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