Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p9
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 9/73)
Character Range: 176039–178790

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 notice of the matters raised by the applicant or patentee.
 (5A) If, under subregulation (3), the applicant:
 (a) provides a copy of the international preliminary examination report to the Commissioner; or
 (b) provides the advice mentioned in subparagraph (3)(c)(ii) to the Commissioner; or
 (c) elects to abandon any amendments that may have been made under Article 34 of the PCT;
the Commissioner must report under subregulation (1) taking notice of that fact.
 (6) Subregulation (6A) applies if:
 (a) either:
 (i) the grant of a standard patent is opposed under section 59 of the Act; or
 (ii) an innovation patent is opposed under section 101M of the Act; and
 (b) the applicant or patentee has requested leave to amend the patent request or complete specification concerned.
 (6A) The Commissioner must:
 (a) give a copy of the request for leave to amend and the statement of proposed amendments to the opponent as soon as practicable after the request for leave to amend has been filed; and
 (b) invite the opponent to comment on the request and statement.
 (7) The opponent may file comments within 21 days, or any longer period (up to 2 months) allowed by the Commissioner, after being given the copy of the request for leave to amend and the statement under paragraph (6A)(a).
 (8) If:
 (a) a person has, under subregulation 3.25(1), requested the Commissioner to grant the certification referred to in that subregulation; and
 (b) the Commissioner has not made a decision under subregulation 3.25(2); and
 (c) the applicant or patentee has filed a request for leave to amend the complete specification in respect of a matter mentioned in paragraph 6(c) of the Act;
the Commissioner must, as soon as practicable after the request for leave to amend has been filed, give a copy of that request and the statement of proposed amendments to the person referred to in paragraph (a).
 (9) If a request for leave to amend a complete specification in respect of a micro‑organism is made for the purpose of including in the specification a matter in respect of which a notice has been filed by a person under subregulation 3.29(1), the Commissioner must, as soon as practicable after the request for leave to amend 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