Patents Act · 2023 Revised Edition · Part · Procedure for Grant of Patent
31. General power to amend application before grant
Official textFrom Attorney General's Chambers, unchanged
If it appears to an Examiner during the examination of an application that —
Examiner
“Examiner” means such person, organisation or foreign or international patent office or organisation as may be prescribed to whom the Registrar may refer questions relating to patents, including search and examination of applications for patents;
the conditions specified in sections 13 and 25(4) and (5)
have not been complied with; or
the application discloses —
any additional matter referred to in section 81(1); or
any matter extending beyond that disclosed in the application for the patent as filed,
Patents the Examiner shall give the applicant at least one written opinion to that effect, and the Registrar shall, upon receiving the written opinion, send the applicant a notification and a copy of the written opinion.
The applicant shall, before the examination report is issued, have the right —
right
“right”, in relation to any patent or application, includes an interest in the patent or application and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent;
to respond in the prescribed manner to the written opinion within any prescribed period; and
subject to section 81, to amend in the prescribed manner the specification of the application in accordance with the prescribed conditions.
Notwithstanding subsection (1), during any period prescribed for the purposes of this subsection, the applicant may, in accordance with the prescribed conditions and subject to section 81, amend the application of his own volition.
Terms defined in s 2
Examiner
Defined · s 2“Examiner” means such person, organisation or foreign or international patent office or organisation as may be prescribed to whom the Registrar may refer questions relating to patents, including search and examination of applications for patents;
patent
Defined · s 2“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
Registrar
Defined · s 2“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
right
Defined · s 2“right”, in relation to any patent or application, includes an interest in the patent or application and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent;
Part
Provisions as to Patents After Grant
Part
Property in Patents and Applications for Patents and Registration
Part
Employees’ Inventions
Part
Contracts as to Patented Products
Part
Licences of Right and Compulsory Licences
Part
Use of Patented Inventions for Services of Government
Part
Infringement of Patents
Part
Revocation of Patents and Validity Proceedings
Part
Amendments of Patents and Applications
Part
International Applications for Patents
Part
Legal Proceedings
Part
Offences
Part
Patent Agents
Part