Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p8
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 8/73)
Character Range: 173573–176307

and deal with requests for leave to amend
 (1) For the purposes of subsection 104(2) of the Act, the Commissioner must report on whether:
 (a) the request for leave to amend, and the statement of proposed amendments, comply with regulation 10.1 and the formalities requirements determined in an instrument under section 229 of the Act; and
 (b) any proposed amendment of a complete specification is not allowable under section 102 or 103 of the Act; and
 (c) the proposed amendments are not allowable under regulation 10.3 or, if made, would not otherwise be allowable under the Act or these Regulations;
and may, if the request for leave to amend relates to a PCT application, and a copy of an international preliminary examination report relating to the application has not been provided to the Commissioner:
 (d) notify the applicant of that fact; and
 (e) ask the applicant to provide a copy of the international preliminary examination report, or to advise that no amendments were made under Article 34 of the PCT, or to abandon any amendments that may have been made under Article 34 of the PCT.
 (2) The Commissioner must give a copy of each report made under subregulation (1) to the applicant or patentee.
 (3) The applicant or patentee may:
 (a) contest the report in writing; or
 (b) file a statement of proposed amendments of the statement referred to in paragraph (1)(a); or
 (c) if the report relates to a request for leave to amend a PCT application, and the Commissioner has reported under subregulation (1) that the international preliminary examination report has not been provided to the Commissioner:
 (i) provide a copy of the international preliminary examination report to the Commissioner; or
 (ii) if:
 (A) no demand was made under Article 31 of the PCT; or
 (B) no amendments were made under Article 34 of the PCT; or
 (C) the demand was made under Article 31 of the PCT, or the international preliminary examination report was established, after the applicant complied with the requirements of subsection 29A(5);
  advise the Commissioner of that fact; or
 (iii) elect to abandon any amendments that may have been made under Article 34 of the PCT.
Note: If the applicant provides the advice mentioned in subparagraph (c)(ii), or makes the election mentioned in subparagraph (c)(iii), any amendments made under Article 34 of the PCT are not taken to be included in the application.
 (4) If a statement of proposed amendments referred to in subregulation (3) is filed, the Commissioner must report under subregulation (1) as if the proposed amendments had been made.
 (5) If, under subregulation (3), the applicant or patentee contests the report, the Commissioner must report under subregulation (1) and take