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IPA patent 5.1.2-section-104-amendments
IPA patent 5.1.2-section-104-amendments — IP Australia Patent Manual of Practice and Procedure – 5.1.2 Section 104 Amendments
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Also in this Chapter
5.1.1 Re-Examination
Key Legislation:
Patents Act:
s102 What amendments are not allowable?
s104 Amendments by applicants and patentees
RIO - Voluntary S104 Amendments
RIO - Processing Voluntary S104 Amendments
On this page
S104 amendments filed before examination
S104 amendments filed after acceptance but before grant
S104 amendments filed after grant
S104 amendments filed after grant
Note: After acceptance, when an examiner is satisfied amendments are allowable, notice of the grant of leave to amend may need to be advertised for opposition purposes before the amendment is allowed ( reg 10.5(2) ). See considerations discussed in 5.7.1.7 . This corresponds to the 'Advertisement of the amendments' selection in the RIO Vol S104 form. Where the specification (description, claims, drawings, or sequence listing) has been amended, advertisement is required.
