Commonwealth Numbered Regulations

1995 No. 16 PATENTS REGULATIONS (AMENDMENT) - REG 25

25.1 Omit the regulation, substitute: Time for allowance of amendments

"10.6 (1) If:

   (a)  the Commissioner grants leave to amend a patent request, complete
        specification or other filed document; and

   (b)  subregulation 10.5 (2) does not apply to the amendment; the
        Commissioner must allow the proposed amendment immediately.



"(2) If:

   (a)  subregulation 10.5 (2) applies to a proposed amendment of a patent
        request, complete specification or other filed document; and

   (b)  no person opposes the allowance of the proposed amendment; and

   (c)  the Commissioner is satisfied that no relevant proceedings are
        pending; the Commissioner must allow the proposed amendment at the end
        of the time for bringing opposition proceedings.



"(3) If:

   (a)  subregulation 10.5 (2) applies to a proposed amendment of a patent
        request, complete specification or other filed document; and

   (b)  a person opposes the allowance of the proposed amendment; and

   (c)  the opposition is decided against the opponent; and

   (d)  the Commissioner is satisfied that no relevant proceedings are
        pending; the Commissioner must allow the proposed amendment
        immediately after the opposition is fully determined.



"(4) For the purposes of subregulation (3), an opposition is fully determined
when:

   (a)  a decision has been made in respect of the opposition and the decision
        is no longer subject to any form of review (including review by way of
        appeal against a decision of the Tribunal or a prescribed court); or

   (b)  a decision that has been made in respect of the opposition was subject
        to review (including review by way of appeal against a decision of the
        Tribunal or a prescribed court) but the period within which review
        proceedings could have been instituted has expired without review
        proceedings having been instituted; or

   (c)  the opposition is withdrawn.



"(5) If the Commissioner requires a patentee to file a statement that, to the
best of the knowledge of the patentee, relevant proceedings are not pending,
the patentee must file the statement within 1 month of the Commissioner so
requiring.".