Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p7
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 7/73)
Character Range: 171082–173812

the applicant of the date by which written submissions must be filed; or
 (B) notifying the applicant of the date, time and place of an oral hearing; and
 (ii) the Commissioner makes a decision in writing in relation to the report;
  3 months from the date the decision is made;
 (g) if the Commissioner revokes a certificate of examination under section 101EA of the Act—3 months from the date the decision to revoke is made.

9A.5  Validity of innovation patent
  For the purposes of examination, if a notice has been filed under subsection 28(1) of the Act, the Commissioner must consider a matter stated in the notice that addresses a claim that an invention does not comply with paragraph 18(1A)(b) of the Act.

Chapter 10—Amendments

10.1  Form of amendments
 (1) For the purposes of subsection 104(1) of the Act, an applicant or a patentee may ask the Commissioner for leave to amend a patent request or complete specification or another filed document by filing a request for leave to amend in the approved form together with a statement of proposed amendments.
 (1A) If an applicant proposes to amend a patent request, complete specification or other filed document for a reason mentioned in subregulation (1B), the applicant is taken to have complied with subregulation (1) if a written statement of the proposed amendments is filed.
 (1B) For subregulation (1A), the reasons are:
 (a) to remove a lawful ground of objection or revocation raised in an examination report; or
 (b) for an application for a standard patent—in anticipation of examination of the patent request and complete specification; or
 (c) for an innovation patent—in anticipation of examination of the complete specification.
 (3) The Commissioner may require an applicant or a patentee to file, within 3 months of being asked to do so, a statement of the reasons for the request being made and any evidence in support of the request.
 (4) The Commissioner may, before granting leave to amend, require a patentee to file within 1 month of being asked to do so, a statement that, to the best of his or her knowledge, relevant proceedings are not pending in relation to the patent.
 (5) For the purposes of this Chapter, a statement of proposed amendments may be amended by filing a statement of proposed amendments of the first‑mentioned statement before leave is granted under regulation 10.5 to amend the patent request or complete specification or another filed document.

10.2  Commissioner to consider 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