Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) If:
(a) the Commissioner grants leave to amend a patent request, complete specification or other filed document; and
(b) subregulation 10.5(2) does not apply to the amendment;
the Commissioner must allow the proposed amendment immediately.
(2) If:
(a) subregulation 10.5(2) applies to a proposed amendment of a patent request, complete specification or other filed document; and
(b) no person opposes the allowance of the proposed amendment; and
(c) the Commissioner is satisfied that no relevant proceedings are pending;
the Commissioner must allow the proposed amendment at the end of the time for bringing opposition proceedings.
(3) If:
(a) subregulation 10.5(2) applies to a proposed amendment of a patent request, complete specification or other filed document; and
(b) a person opposes the allowance of the proposed amendment; and
(c) the opposition is decided against the opponent; and
(d) the Commissioner is satisfied that no relevant proceedings are pending;
the Commissioner must allow the proposed amendment immediately after the opposition is fully determined.
(4) For the purposes of subregulation (3), an opposition is fully determined when:
(a) a decision has been made in respect of the opposition and the decision is no longer subject to any form of review (including review by way of appeal against a decision of the AAT or a prescribed court); or
(b) a decision that has been made in respect of the opposition was subject to review (including review by way of appeal against a decision of the AAT or a prescribed court) but the period within which review proceedings could have been instituted has expired without review proceedings having been instituted; or
(c) the opposition is withdrawn.
(5) If the Commissioner requires a patentee to file a statement that, to the best of the knowledge of the patentee, relevant proceedings are not pending, the patentee must file the statement within 1 month of the Commissioner so requiring.