Document ID: chunk:federal_register_of_legislation:C2004C01328:clause:1_52
Version: federal_register_of_legislation:C2004C01328
Segment Type: clause
Provision Reference: sch 1 cl 52
Character Range: 40427–41958

52  Subsection 102(2)
Repeal the subsection, substitute:

Certain amendments of complete specification are not allowable after relevant time

 (2) An amendment of a complete specification is not allowable after the relevant time if, as a result of the amendment:
 (a) a claim of the specification would not in substance fall within the scope of the claims of the specification before amendment; or
 (b) the specification would not comply with subsection 40(2) or (3).

 (2A) For the purposes of subsection (2), relevant time means:
 (a) in relation to an amendment proposed to a complete specification relating to a standard patent—after the specification has been accepted; or
 (b) in relation to an amendment proposed to a complete specification relating to an innovation patent—after the Commissioner has made a decision under paragraph 101E(a) in respect of the patent.

Amendment of innovation patent request not allowable in certain circumstances

 (2B) An amendment to a patent request relating to an innovation patent application is not allowable if:
 (a) the patent application was provided for in section 79C; and
 (b) the effect of the proposed amendment would be to convert the application from an application for an innovation patent to an application for a standard patent.

Note: The following heading to subsection 102(1) is inserted "Amendment of complete specification not allowable if amended specification would claim matter not in substance disclosed in the filed specification".

Meaning of relevant time