Commonwealth Numbered Acts

PATENTS ACT 1990 No. 83, 1990 - SECT 107

107. (1) Where:

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

   (b)  the Commissioner is satisfied 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 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.