IPA patent 8.7.6-provisional-specifications — IP Australia Patent Manual of Practice and Procedure – 8.7.6 Provisional Specifications

Also in this Chapter: 8.7.1 Overview 8.7.2 What is the Invention? 8.7.3 Full Description - Best Method 8.7.4 Claims Define the Invention 8.7.5 Claims are Fairly Based ​​​​​​​ 8.7.7 Complete Applications Associated with Provisional Applications Key Legislation: Patents Act: s5 Associated Applications s45 Examination Patents Regulations: reg 3.12 What this Division is about reg 10.3 Amendments not allowable for other documents Related Chapters: 2.23.13.8 Amendments to a Provisional Specification 2.12.2.1 Filing Dates Section 45 does not specifically require examiners to report on a provisional specification. However, reference to, or analysis of, the provisional specification may be required in connection with the following matters: Section 45(1)(c) The priority date provisions set out in reg 3.12 in relation to provisional specifications are relevant where the case under examination, or possible citations, or both, have been associated with a provisional specification. If the priority date becomes important during examination, examiners should check the patent request of the complete application to confirm that the provisional is identified and contains a statement to the effect that the applications are associated (s5). Amendment of Provisional Specifications A provisional specification may be amended, provided the amendment does not materially alter the meaning or scope of the specification (reg 10.3(1)). In general, the only allowable amendments to a provisional specification are in the category of obvious mistakes, or formatting issues (such as pagination and line numbering). Amendments to alter text, or to insert missing text or missing pages, will almost inevitably materially alter the meaning or scope of the specification. As a result, any change in textual content of a provisional specification (including, potentially, a change in punctuation) is almost certainly not allowable. See also: 2.23.13.8 Amendments to a Provisional Specification ; and 2.12.2.1 Filing Dates .