Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p11
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 11/73)
Character Range: 180952–183706

request is not allowable if:
 (a) the amendment would convert the patent application into a further complete application within the meaning of section 79C of the Act; and
 (b) the period allowed under subsection 79C(2) of the Act for making a further complete application has ended.
 (7) An amendment of a patent request is not allowable after the patent has been granted.
 (8) An amendment of a patent request is not allowable if:
 (a) the amendment would convert the patent application from an application for a standard patent to an application for an innovation patent; and
 (b) the date of the patent (if granted) would be a date on or after the day this subregulation commences.
Note 1: This subregulation was inserted by the Intellectual Property Laws Amendment (Productivity Commission Response Part 2 and Other Measures) Regulations 2020.
Note 2: For the date of the patent, see section 65 of the Act and regulation 6.3.

10.2C  Amendments not allowable for complete specifications
 (1) This regulation is made for subsection 102(2D) of the Act.
 (2) An amendment of a complete specification is not allowable if:
 (a) the amendment relates to a matter mentioned in paragraph 6(c) of the Act; and
 (b) after the amendment was made, the specification would not include each of the matters specified in that paragraph.
 (3) An amendment of a complete specification is not allowable if the Commissioner:
 (a) has given a copy of a request for leave to amend under subregulation 10.2(8) or (9) to a person; and
 (b) has not given the person a reasonable opportunity to be heard.
 (4) An amendment of a complete specification for an innovation patent, other than an amendment proposed in response to a direction under regulation 3.2B, is not allowable until after the patent has been granted.
 (5) An amendment of a complete specification for an innovation patent is not allowable if the amendment would result in the specification claiming:
 (a) a thing mentioned in subsection 18(2) of the Act; or
 (b) a thing mentioned in subsection 18(3) of the Act (other than a thing also mentioned in subsection 18(4) of the Act).
 (6) An amendment of a complete specification is not allowable if making an amendment would be contrary to section 112 or 112A of the Act.

10.3  Amendments not allowable for other documents
 (1) For a provisional specification, an amendment of the provisional specification is not allowable if, as a result of the amendment, the specification would disclose matter that extends beyond that disclosed in the following documents taken together:
 (a) the provisional specification as filed;
 (b) an abstract that was filed with the provisional specification;
 (c) a missing part of a provisional specification that was incorporated