Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) This section applies if:
(a) a complete specification (the original specification ) has been amended; and
(b) the amendment was not allowable under subsection 102(1); and
(ba) as a result of the amendment, a claim of the amended specification claims an invention that was not disclosed by the original specification as filed in a manner that was clear enough and complete enough for the invention to be performed by a person skilled in the relevant art; and
(c) after the filing date of the original specification there is a publication or use of the invention as described in the original specification.
(2) If this section applies, objection cannot be taken to the amended specification, and a patent is not invalid, on the ground that the invention, so far as claimed in the amended specification and having regard to the publication or the use of the invention described in the original specification, does not involve:
(a) in the case of a standard patent--an inventive step; or
(b) in the case of an innovation patent--an innovative step.