Commonwealth Numbered Regulations

1991 No. 71 PATENTS REGULATIONS - REG 10.3

10.3 (1) A proposed amendment of a provisional specification is not allowable
if it would materially alter the meaning or scope of the specification.

(2) A proposed amendment of a complete specification is not allowable if:

   (a)  it is in respect of a matter mentioned in paragraph 6 (c) of the Act
("deposit requirements"); and

   (b)  after the amendment were made the specification would not include each
        of the matters specified in that paragraph.

(3) A proposed amendment of a patent request is not allowable if:

   (a)  the patent request has been accepted under section 49 ("acceptance of
        patent request: standard patent") or 50 ("consideration and acceptance
        of patent request: petty patent") of the Act; and

   (b)  it would convert the patent application from:

        (i)    an application for a standard patent to an application for a
               petty patent; or

        (ii)   an application for a petty patent to an application for a
               standard patent.

(4) The Commissioner must not allow a proposed amendment of a complete
specification if he or she has:

   (a)  under subregulation 10.2 (8) or (9) ("Commissioner to consider and
        deal with requests for leave to amend") given a person a copy of the
        request for leave to amend and the statement of proposed amendments;
        and

   (b)  not given the person a reasonable opportunity to be heard.