Commonwealth Consolidated Acts

PATENTS ACT 1990 - SECT 107

  (1)   Where:

  (a)   a complete application for a standard patent has been made; and

  (b)   the Commissioner is satisfied, on the balance of probabilities, that there are lawful grounds of objection to the patent request or complete specification, but that those grounds of objection could be removed by appropriate amendments of the request or specification; and

  (c)   the applicant has not taken action to amend the request or specification so as to remove those grounds of objection;

the Commissioner may, in accordance with the regulations, direct the applicant to file, within such time as the Commissioner allows, a statement of proposed amendments of the request or specification for the purpose of removing those grounds of objection.

  (2)   The Commissioner must not give a direction without first giving the applicant a reasonable opportunity to be heard.

  (3)   An applicant may, in accordance with the regulations, amend a statement of amendments.

  (4)   If the Commissioner is satisfied, on the balance of probabilities, that the amendments set out in a statement (or an amended statement) are allowable and would, if made, remove all lawful grounds of objection to the patent request and complete specification, the Commissioner must allow the amendments.

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