Patents Act 1990

An amendment of a complete specification is not allowable if, as a result of the amendment, the specification would claim or disclose matter that extends beyond that disclosed in the following documents taken together:

the complete specification as filed;

other prescribed documents (if any).

An amendment of a complete specification is not allowable after the relevant time if, as a result of the amendment:

a claim of the specification would not in substance fall within the scope of the claims of the specification before amendment; or

the specification would not comply with subsection 40(2), (3) or (3A).

For the purposes of subsection (2), relevant time means:

in relation to an amendment proposed to a complete specification relating to a standard patent—after the specification has been accepted; or

in relation to an amendment proposed to a complete specification relating to an innovation patent—after the Commissioner has made a decision under paragraph 101E(1)(a) in respect of the patent.

An amendment to a patent request relating to an innovation patent application is not allowable if:

the patent application was provided for in section 79C; and

the effect of the proposed amendment would be to convert the application from an application for an innovation patent to an application for a standard patent.

An amendment of a patent request or a complete specification is not allowable if it is of a kind prescribed by regulations made for the purposes of this section.

This section does not apply to an amendment for the purposes of:

correcting a clerical error or an obvious mistake made in, or in relation to, a complete specification; or

complying with paragraph 6(c) (about deposit requirements).