Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) A grant of leave to amend a patent request, complete specification or other filed document under regulation 10.5 is revoked if:
(a) leave to amend was granted at the same time as the acceptance of the patent request and complete specification under subsection 49(1) of the Act; and
(b) acceptance of the patent request and complete specification is later revoked under section 50A of the Act.
(2) A grant of leave to amend a patent request, complete specification or other filed document under regulation 10.5 is revoked if:
(a) leave to amend was granted at the same time as the decision mentioned in paragraph 101E(a) of the Act was made; and
(b) the certificate of examination issued in relation to the patent is later revoked under subsection 101EA(1) of the Act.
(3) The Commissioner may revoke a grant of leave to amend a patent request, complete specification or other filed document under regulation 10.5 if the Commissioner is satisfied that:
(a) leave to amend should not have been granted, taking into account all of the circumstances that existed when leave was granted (whether or not the Commissioner knew the circumstances existed); and
(b) it is reasonable to revoke the grant and allowance of the amendment(if applicable), taking into account all of the circumstances; and
(c) there are no relevant proceedings pending.
(4) If leave to amend a patent request, complete specification or other filed document under regulation 10.5 is revoked (whether automatically or by the Commissioner):
(a) leave to amend is taken to never have been granted; and
(b) if allowed under regulation 10.6, the amendment is taken not to have been allowed; and
(c) the Commissioner must continue to examine and report on the amendment in accordance with subregulation 10.2(1); and
(d) regulations 10.5 and 10.6 continue to apply in
relation to the amendment.