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IPA patent 5.7.1.1-what-documents-can-be-amended-
IPA patent 5.7.1.1-what-documents-can-be-amended- — IP Australia Patent Manual of Practice and Procedure – 5.7.1.1 What documents can be amended?
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Also in this Chapter:
5.7.1.2 Who can request amendments?
5.7.1.3 When can amendments be requested?
5.7.1.4 Requirement to provide reasons for amendments
5.7.1.5 Withdrawal of a request to amend ;
5.7.1.6 Circumstances in which an amendment request cannot be processed
5.7.1.7 Granting leave to amend
5.7.1.8 Fees for amendments
5.7.1.9 Annex A - Guidelines for Completing the Voluntary Section 104 Allowance Form
Key Legislation:
Patents Act:
s104 Amendments by applicants and patentees
Patents Regulations:
s10.3(2) Amendments not allowable for other documents
Documents that can be amended
Section 104 states that an applicant or patentee can ask the Commissioner for leave to amend:
a patent request;
the complete specification; and
any other filed document. This includes notices of entitlement and provisional specifications.
Documents that cannot be amended
Under reg 10.3(2) , amendment of an abstract is not allowable. Applicants should be asked to delete any items in the amendment request that relate to the abstract.
Amendment of a patent request is not allowable after the patent has been granted . This applies to innovation patents as well as standard patents.
