Subpart 8—Amendment of specifications after acceptance

83 General rules concerning amendments of specifications after acceptance


After the acceptance of a complete specification, an amendment to that specification is not allowable and must not be made if the effect of the amendment is that—


the specification as amended would claim or describe matter that was not in substance disclosed in the specification before the amendment; or


a claim of the specification as amended would not fall wholly within the scope of a claim of the specification before the amendment.


Subsection (1) does not apply to an amendment for the purpose of correcting an obvious mistake made in, or in relation to, a complete specification.


If, after the date of the publication of the accepted complete specification, any amendment of the specification is allowed by the Commissioner or the court,—


the right of the patentee or applicant to make the amendment must not be called into question except on the ground of fraud; and


the amendment must, in all courts and for all purposes, be treated as forming part of the specification.


However, in construing the specification as amended, reference may be made to the specification as originally published.

Compare: 1953 No 64 s 40(1), (2)