IPA patent 8.3.3-allowability-under-section-1022---general-comments — IP Australia Patent Manual of Practice and Procedure – 8.3.3 Allowability Under Section 102(2) - General Comments

Also in this Chapter: 8.3.1 Allowability of Amendments to Complete Specifications 8.3.2 Allowability Under Section 102(1 ​​​​​​​ 8.3.4 Amendments to a Provisional Specification 8.3.5 Opposition to Amendments - Standard Patents Key Legislation: Patents Act: s40 Specifications s102 What amendments are not allowable Subsections 102(2) and 102(2A) provide that an amendment of a complete specification is not allowable: after the acceptance of a specification relating to a standard patent; or after the Commissioner has made a decision under sec 101E to certify a specification relating to an innovation patent; if, as a result of the amendment: a claim of the specification would not in substance fall within the scope of the claims of the specification before amendment; or the specification would not comply with sec 40(2) or sec 40(3). Subsection 102(2B) prohibits the amending of a patent request of an application for an innovation patent filed under sec 79C to a request for a standard patent (see also 2.31.4.7 Amendments ).