Commonwealth Numbered Regulations

1991 No. 71 PATENTS REGULATIONS - REG 10.2

10.2 (1) For the purposes of subsection 104 (2) of the Act ("amendments by
applicants and patentees"), the Commissioner must report on whether:

   (a)  the request for leave to amend and the statement of proposed
        amendments
do not comply with regulation 10.1 ("form of amendments") and Schedule 3; and

   (b)  any proposed amendment of a complete specification is not allowable
        under section 102 of the Act ("what amendments are not allowable?");
        and

   (c)  the proposed amendments are not allowable under regulation 10.3
("amendments not allowable") or, if made, would not otherwise be allowable
under the Act or these Regulations.

(2) The Commissioner must give a copy of each report made under subregulation
(1) to the applicant or patentee.

(3) The applicant or patentee may contest in writing the report or file a
statement of proposed amendments of the statement referred to in paragraph (1)
(a).

(4) If a statement of proposed amendments referred to in subregulation (3) is
filed, the Commissioner must report under subregulation (1) as if the proposed
amendments had been made.

(5) If, under subregulation (3), the applicant or patentee contests the
report, the Commissioner must report under subregulation (1) and take notice
of the matters raised by the applicant or patentee.

(6) If:

   (a)  the grant of a standard patent is opposed under section 59 of the Act
("opposition to grant of standard patent"); or

   (b)  a person has given the Commissioner a notice under section 28 of the
        Act
("notice of matters affecting validity of petty patents") and the Commissioner
has not decided the application under section 69 of the Act ("extension of
term of petty patent"); and the applicant or patentee has requested leave to
amend the patent request or complete specification concerned, the Commissioner
must:

   (c)  give a copy of the request for leave to amend and the statement of
        proposed amendments to the opponent or person referred to in paragraph
        (b) as soon as practicable after the request for leave to amend has
        been filed; and

   (d)  invite that opponent or person to comment on the request and
        statement.

(7) The opponent or person may file comments within 2 months of being given
the copy of the request for leave to amend and the statement under paragraph
(6) (c).

(8) If:

   (a)  a person has, under subregulation 3.25 (1) ("request for
        Commissioner's certificate authorising release of sample of a
        micro-organism"), requested the Commissioner to grant the
        certification referred to in that subregulation; and

   (b)  the Comissioner has not made a decision under subregulation 3.25 (2);
        and

   (c)  the applicant or patentee has filed a request for leave to amend the
        complete specification in respect of a matter mentioned in paragraph 6
        (c) of
the Act ("deposit requirements"); the Commissioner must, as soon as
practicable after the request for leave to amend has been filed, give a copy
of that request and the statement of proposed amendments to the person
referred to in paragraph (a).

(9) If a request for leave to amend a complete specification in respect of a
micro-organism is made for the purpose of including in the specification a
matter in respect of which a notice has been filed by a person under
subregulation 3.29 (1) ("notification that a deposit requirement has ceased to
be satisfied"), the Commissioner must, as soon as practicable after the
request for leave to amend has been filed, give the person a copy of the
request and the statement of proposed amendments.