Patents Act · s 81

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81.
Amendments of applications and patents not to include added matter
(1) An application for a patent which —
(a) is made in respect of matter disclosed in an earlier application, or in the specification of a patent which has been granted; and
(b) discloses additional matter, that is, matter extending beyond that disclosed in the earlier application made under this Act or in the application made under the United Kingdom Patents Act, Malaysia
Patents Act or Singapore Patents Act or the application under the
European Patent Convention designating the United Kingdom filed at the European Patent Office from which the filing date and right of priority is sought to be derived, as filed, or the application for the patent, as filed, may be filed under section 20(3) or 48(4), or as mentioned in section 26(11), but shall not be allowed to proceed unless it is amended so as to exclude the additional matter.
(2) Where, in relation to an application for a patent —
(a) the documents filed at the Registry to initiate the application contain —
(i) a reference to an earlier relevant application specified in a declaration under section 17(2) made in or in connection with the application; and
(ii) a statement referred to in section 26(1)(c)(ii)(C); and

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(b) the description filed under section 26(7)(b) discloses additional matter, that is, matter extending beyond that disclosed in the earlier relevant application, the application shall not be allowed to proceed unless it is amended to exclude the additional matter.
(3) No amendment of an application for a patent shall be allowed under section 31 if it results in the application disclosing any matter extending beyond that disclosed in the application as filed.
(4) No amendment of the specification of a patent shall be allowed under section 38(1), 78 or 80 if it —
(a) results in the specification disclosing any additional matter;
or
(b) extends the protection conferred by the patent.
(5) In subsection (2), “relevant application” has the same meaning as in section 17(9).

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s 81Amendments of applications and patents not to include added matter

(1)

An application for a patent which —

(a)

is made in respect of matter disclosed in an earlier application, or in the specification of a patent which has been granted; and

(b)

discloses additional matter, that is, matter extending beyond that disclosed in the earlier application made under this Act or in the application made under the United Kingdom Patents Act, Malaysia

Patents Act or Singapore Patents Act or the application under the

European Patent Convention designating the United Kingdom filed at the European Patent Office from which the filing date and right of priority is sought to be derived, as filed, or the application for the patent, as filed, may be filed under section 20(3) or 48(4), or as mentioned in section 26(11), but shall not be allowed to proceed unless it is amended so as to exclude the additional matter.

(2)

Where, in relation to an application for a patent —

(a)

the documents filed at the Registry to initiate the application contain —

(i)

a reference to an earlier relevant application specified in a declaration under section 17(2) made in or in connection with the application; and

(ii)

a statement referred to in section 26(1)(c)(ii)(C); and

Patents 110

(b)

the description filed under section 26(7)(b) discloses additional matter, that is, matter extending beyond that disclosed in the earlier relevant application, the application shall not be allowed to proceed unless it is amended to exclude the additional matter.

(3)

No amendment of an application for a patent shall be allowed under section 31 if it results in the application disclosing any matter extending beyond that disclosed in the application as filed.

(4)

No amendment of the specification of a patent shall be allowed under section 38(1), 78 or 80 if it —

(a)

results in the specification disclosing any additional matter;

(b)

extends the protection conferred by the patent.

(5)

In subsection (2), “relevant application” has the same meaning as in section 17(9).