IPA patent 5.6.11.5-amendment-of-the-parent — IP Australia Patent Manual of Practice and Procedure – 5.6.11.5 Amendment of the Parent

Also in this Chapter: 5.6.11.1 Conditions for filing 5.6.11.2 Improvement or Modification ​​​​​​​ 5.6.11.3 Differentiation from the parent 5.6.11.4 Issues specific to the Examination of additional applications ​​​​​​​ 5.6.11.6 Annex A - Procedural Outline to Patents of Addition Examination Key Legislation: Patents Act: s104 ​​​​​​​ Amendments by applicants and patentees Amendments are no longer an Improvement or Modification Where a request is made under s104 to amend the specification of an accepted parent application or the parent patent, examiners must check whether the claims of the additional can continue to be regarded as an improvement in, or modification of, the main invention in the amended parent. Where the additional can no longer be considered to meet this requirement, the case should be referred to the Assistant General Manager (Oppositions) via a supervising examiner. Similar considerations apply where a request is made under s104 to amend the specification of an accepted application for a patent of addition or a granted patent of addition.