Commonwealth Numbered Regulations

1991 No. 71 PATENTS REGULATIONS - REG 10.1

10.1 (1) For the purposes of subsection 104 (1) of the Act ("amendments by
applicants and patentees"), an applicant or a patentee may ask the
Commissioner for leave to amend a patent request or complete specification or
another filed document by filing a request for leave to amend in the approved
form together with a statement of proposed amendments.

(2) If:

   (a)  a proposed amendment is to be made by means of substituting 1 page or
        document for another page or document; or

   (b)  the Commissioner requires the applicant or patentee to make a proposed
        amendment by that means; the applicant or patentee must file:

   (c)  2 copies of each page or document that is to be substituted for a page
        of the request or document; and

   (d)  3 copies of each page that is to be substituted for a page of the
        complete specification; and

   (e)  on 1 of the copies, an indication of the nature and location of the
        proposed amendments.

(3) The Commissioner may require an applicant or a patentee to file, within 3
months of being asked to do so, a statement of the reasons for the request
being made and any evidence in support of the request.

(4) The Commissioner may, before granting leave to amend, require a patentee
to file within 1 month of being asked to do so, a statement that, to the best
of his or her knowledge, relevant proceedings are not pending in relation to
the patent.

(5) For the purposes of this Chapter, a statement of proposed amendments may
be amended by filing a statement of proposed amendments of the first-mentioned
statement before allowance of those amendments.