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PATENTS ACT 1990 - SECT 102

What amendments are not allowable?

Amendment of complete specification not allowable if amended specification claims or discloses matter extending beyond that disclosed in certain documents

             (1)  An amendment of a complete specification is not allowable if, as a result of the amendment, the specification would claim or disclose matter that extends beyond that disclosed in the following documents taken together:

                     (a)  the complete specification as filed;

                     (b)  other prescribed documents (if any).

Certain amendments of complete specification are not allowable after relevant time

             (2)  An amendment of a complete specification is not allowable after the relevant time if, as a result of the amendment:

                     (a)  a claim of the specification would not in substance fall within the scope of the claims of the specification before amendment; or

                     (b)  the specification would not comply with subsection 40(2) or (3).

Meaning of relevant time [1]

          (2A)  For the purposes of subsection (2), relevant time means:

                     (a)  in relation to an amendment proposed to a complete specification relating to a standard patent--after the specification has been accepted; or

                     (b)  in relation to an amendment proposed to a complete specification relating to an innovation patent--after the Commissioner has made a decision under paragraph 101E(1)(a) in respect of the patent.

Amendment of innovation patent request not allowable in certain circumstances

          (2B)  An amendment to a patent request relating to an innovation patent application is not allowable if:

                     (a)  the patent application was provided for in section 79C; and

                     (b)  the effect of the proposed amendment would be to convert the application from an application for an innovation patent to an application for a standard patent.

Amendments of a kind prescribed by regulations not allowable

          (2D)  An amendment of a patent request or a complete specification is not allowable if it is of a kind prescribed by regulations made for the purposes of this section.

Section does not apply in certain cases

             (3)  This section does not apply to an amendment for the purposes of:

                     (a)  correcting a clerical error or an obvious mistake made in, or in relation to, a complete specification; or

                     (b)  complying with paragraph 6(c) (about deposit requirements).



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