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General power to amend after grant (Section 38)

General process for amendments after grant (Rule 52)

7.23 An application to the Registrar for leave to amend the specification of a patent following grant (i.e., post-grant amendment) may be filed by the proprietor of the patent using Patents Form 17.

7.24 If the Registrar is satisfied that the application may be allowed, the application and the reasons for proposed amendment are advertised for opposition. Interested parties have 2 months to oppose the proposed amendment. If the proposed amendments are opposed, the proprietor may, within 2 months, file a counter statement setting out fully the grounds upon which the opposition is resisted, if he wishes to continue with the request for amendment. In the event of such an opposition, the Registrar may refer the matter to an Examiner for an opinion on whether the amendment is allowable, taking into account the application for leave to amend, together with the notice of opposition, the accompanying statement setting out fully the facts upon which the opponent relies and any counter-statement, where applicable.

7.25 If no opposition is filed within the prescribed period, or the opposition filed is not accompanied by the said required statement and the Registrar is satisfied with the reasons for the proposed amendment, the amendment of the patent will be allowed.