PART 2APPLICATIONS FOR PATENTS
Search and substantive examination
Amendment of application before grant31
1
A request to amend an application for a patent under section 19(1) must be made in writing.
2
The conditions prescribed under section 19(1) are as follows.
3
The applicant may amend his application only within the period beginning with the date on which the applicant is informed of the examiner’s report under section 17(5) and ending with the date on which the comptroller sends him the first substantive examination report.
4
But after the end of this period, the applicant may—
a
where the first substantive examination report states that his application complies with the requirements of the Act and these Rules, amend his application once before the end of the period of two months beginning with the date on which that report was sent; or
b
where the first substantive examination report states that his application does not comply with the requirements of the Act and these Rules—
i
amend his application once at the same time as he makes his first observations on, or amendments to, his application under section 18(3), and
ii
if the first substantive examination report is sent before preparations for the application’s publication have been completed by the Patent Office, amend his application prior to any further amendment he may make under sub-paragraph (b)(i).
5
However, the conditions in paragraphs (3) and (4) do not apply—
a
where the comptroller consents to the amendment; or
b
to an amendment of a request for the grant of a patent.
6
Where the comptroller’s consent is required, or the applicant wishes to amend the request for the grant of a patent, the applicant must include the reasons for the amendment.