Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p14
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 14/73)
Character Range: 188511–191335

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 to an application for a standard patent; and
 (c) the applicant has not filed a request for examination of the patent request and complete specification relating to the application; and
 (d) the applicant asks the Commissioner to defer considering the request for leave to amend until the Commissioner examines the patent request and complete specification.
 (2) The request for leave to amend the complete specification is taken to be filed immediately after the applicant files the request for examination of the patent request and complete specification.

10.6B  Revocation of grant of leave
 (1) A grant of leave to amend a patent request, complete specification or other filed document under regulation 10.5 is revoked if:
 (a) leave to amend was granted at the same time as the acceptance of the patent request and complete specification under subsection 49(1) of the Act; and
 (b) acceptance of the patent request and complete specification is later revoked under section 50A of the Act.
 (2) A grant of leave to amend a patent request, complete specification or other filed document under regulation 10.5 is revoked if:
 (a) leave to amend was granted at the same time as the decision mentioned in paragraph 101E(a) of the Act was made; and
 (b) the certificate of examination issued in relation to the patent is later revoked under subsection 101EA(1) of the Act.
 (3) The Commissioner may revoke a grant of leave to amend a patent request, complete specification or other filed document under regulation 10.5 if the Commissioner is satisfied that:
 (a) leave to amend should not have been granted, taking into account all of the circumstances that existed when leave was granted (whether or not the Commissioner knew the circumstances existed); and
 (b) it is reasonable to revoke the grant and allowance of the amendment(if applicable), taking into account all of the circumstances; and
 (c) there are no relevant proceedings pending.
 (4) If leave to amend a patent request, complete specification or other filed document under regulation 10.5 is revoked (whether automatically or by the Commissioner):
 (a) leave to amend is taken to never have been granted; and
 (b) if allowed under regulation 10.6, the amendment is taken not to have been allowed; and
 (c) the Commissioner must continue to examine and report on the amendment in accordance with subregulation 10.2(1); and
 (d) regulations 10.5 and 10.6 continue to apply in relation to the amendment.

10.7  Rectification of Register
 (1) A person applying for rectification of the