Commonwealth Consolidated Acts

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PATENTS ACT 1990 - SECT 105

Amendments directed by court

Order for amendment during relevant proceedings

             (1)  In any relevant proceedings in relation to a patent, the court may, on the application of the patentee, by order direct the amendment of the patent request or the complete specification in the manner specified in the order.

Order for amendment during an appeal

          (1A)  If an appeal is made to the Federal Court against a decision or direction of the Commissioner in relation to a patent application, the Federal Court may, on the application of the applicant for the patent, by order direct the amendment of the patent request or the complete specification in the manner specified in the order.

Orders for amendment generally

             (2)  An order under subsection (1) or (1A) may be made subject to such terms (if any) as to costs, advertisements or otherwise, as the court thinks fit.

             (3)  The applicant for an order under subsection (1) or (1A) must give notice of an application for an order to the Commissioner, who is entitled to appear and be heard, and must appear if the court directs.

             (4)  A court is not to direct an amendment that is not allowable under section 102.

             (5)  The applicant must file a copy of an order within the prescribed period.

             (6)  On the filing of a copy of an order, the patent request or complete specification is to be taken to have been amended in the manner specified in the order.



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