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IPA patent 8.10.5-amendment-of-patent-request---conversion-of-application-to-a-divisional
IPA patent 8.10.5-amendment-of-patent-request---conversion-of-application-to-a-divisional — IP Australia Patent Manual of Practice and Procedure – 8.10.5 Amendment of Patent Request - Conversion of Application to a Divisional
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Also in this Chapter:
8.10.1 Application
8.10.2 Priority Entitlement
8.10.3 Time Limits for Filing Applications
8.10.4 Subject Matter
8.10.6 Case Management of Divisional Applications
Key Legislation:
Patents Act:
s104 Amendments by applicants and patentees
Related Chapters:
2.23.13.1 Amendment of Patent Request
2.20.3.1 Patent Request Form
5.5.4 Invention Details
Either before or during examination, an applicant may seek to amend a patent request to convert an application to a divisional application. Such amendment can be made under s104 and does not require replacement of the patent request form (see 2.23.13.1 Amendment of Patent Request and 2.20.3.1 Patent Request Form ). When an amendment to this effect is allowed, examiners should inform COG of the change in status to a divisional application, and any changes in priority details, as outlined in 5.5.4 Invention Details .
