IPA patent 5.7.7.4-amendments-while-a-decision-of-the-commissioner-is-being-appealed — IP Australia Patent Manual of Practice and Procedure – 5.7.7.4 Amendments while a decision of the Commissioner is being appealed

Also in this Chapter: 5.7.7.1 Initial processing of the request to amend during oppositions 5.7.7.2 Considering the amendments and comments from the opponent 5.7.7.3 Considering amendments as a result of a hearing decision 5.7.7.5 Annex A - Section 104 Amendments During Opposition Proceedings: Check Sheet Key Legislation: Patents Act: s104 Amendments by applicants and patentees s112A Decisions on appeal Related Chapters: 5.7.1.6 Circumstances in which an amendment request cannot be processed ​​​​​​​ ​​​​​​​ Under s112A , an amendment is not allowable if there is a pending (upcoming or in progress) appeal to a Court against a decision of the Commissioner. Examination practice If a request to amend an application under s104 is filed while an opposition decision is being appealed, the Commissioner will refuse the request . See also 5.7.1.6 Circumstances where an amendment cannot be processed.