IPA patent 8.9.1-amendment-of-abstract — IP Australia Patent Manual of Practice and Procedure – 8.9.1 Amendment of Abstract

Key Legislation: Patents Act: s104 Amendments by applicants and patentees The Act does not preclude the amendment of an abstract where it is a filed document. Thus, the abstract of a Convention application or other national route application may be amended under s104 . However, the abstract of a PCT national phase application is not a filed document and therefore cannot be amended in the national phase. Where the applicant proposes to amend the abstract (or a translation thereof) of a PCT national phase application under s104 , examiners should object that the amendment cannot be made and that the applicant propose an amendment to delete the item (see also PERP code [K20] ). Note: Where this is the only outstanding objection, examiners should accept the application, but add an “Assembly Note” to the file stating that the relevant amendment item is of no effect.