Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p10
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 10/73)
Character Range: 178524–181192

has been filed, give the person a copy of the request and the statement of proposed amendments.

10.2A  Documents considered for determining whether amendment allowed
  For paragraph 102(1)(b) of the Act, the following documents are prescribed:
 (a) an abstract that was filed with the complete specification;
 (b) a missing part or element of a complete specification that was incorporated into the specification, in accordance with regulation 3.5A or Rule 20.5 or 20.6 of the PCT;
 (c) an amendment that has been made to the complete specification after filing, for the purpose of:
 (i) correcting a clerical error or obvious mistake; or
 (ii) complying with paragraph 6(c) of the Act.

10.2B  Amendments not allowable for patent requests
 (1) This regulation is made for subsection 102(2D) of the Act.
 (2) An amendment of a patent request is not allowable if:
 (a) the patent request has been accepted under section 49 or 52 of the Act; and
 (b) the amendment would convert the patent application from:
 (i) an application for a standard patent to an application for an innovation patent; or
 (ii) an application for an innovation patent to an application for a standard patent.
 (3) If:
 (a) a request for leave to amend a patent request for a standard patent is filed within 3 weeks before the date a notice is due to be published in the Official Journal under section 54 of the Act in relation to the specification; and
 (b) the amendment would:
 (i) convert the patent application from an application for a standard patent to an application for an innovation patent; or
 (ii) change the priority date of the application to a date that is later than the priority date that is currently recorded for the application;
the amendment is not allowable until after the date the notice is published.
 (4) An amendment of a patent request is not allowable if:
 (a) the patent request has been accepted under section 49 or 52 of the Act; and
 (b) the amendment would convert the patent application into a further complete application within the meaning of section 79B or 79C of the Act.
 (5) An amendment of a patent request is not allowable if:
 (a) the amendment would convert the patent application into a further complete application within the meaning of section 79B of the Act; and
 (b) the period allowed under subsection 79B(3) of the Act for making a further complete application has ended.
 (6) An amendment of a patent 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