PATENTS ACT 1990
- SECT 104
Amendments by applicants and patentees

(1)

An applicant for a patent or a patentee, may, subject to this Act, and subject to and in accordance with the regulations, ask the Commissioner for leave to amend the relevant patent request or complete specification, or any other filed document, for any purpose including either or both of the following:

(a) removing a lawful ground of objection to the request or specification, whether that objection is raised in the course of an examination or re-examination or otherwise;
(b) correcting a clerical error or an obvious mistake.

(2)

Where an applicant or patentee asks for leave to amend a patent request or complete specification, or any other filed document, the Commissioner must consider and deal with the request in accordance with the regulations.

(4)

The Minister or any other person may, subject to and in accordance with the regulations, oppose allowing an amendment.

(5)

The Commissioner must not allow an amendment that is not allowable under section 102.

(6)

On the allowance of an amendment, the amendment is to be taken to have been made.

(7)

An appeal lies to the Federal Court, against a decision of the Commissioner allowing, or refusing to allow, a requested amendment, other than a prescribed decision.