Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p13
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 13/73)
Character Range: 185982–188786

or scope of the request or document.
 (3) The Minister or another person may oppose allowance of an amendment if a notice is published under subregulation (2).
 (4) For the purposes of paragraph (2)(b), if:
 (a) a request for leave to amend is filed before a patent is granted on an application under section 61 of the Act; and
 (b) the proposed amendments relate to the name or address of an applicant for the patent;
the proposed amendments are not taken to materially alter the meaning or scope of the patent request or other filed document.

10.6  Time for allowance of amendments
 (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 ART 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 ART 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.

10.6A  Deferred consideration of request for amendment
 (1) This regulation applies if:
 (a) on or after 1 January 2012—an applicant asks the Commissioner for leave to amend a complete specification; and
 (b) the complete specification relates