Patentability Flashcards Preview

Law paper > Patentability > Flashcards

Flashcards in Patentability Deck (3)
Loading flashcards...
1

what does S76 deal wtih?

permissible amendments (added matter)

2

What limitation does S76 place on amendments?

No amendments shall be made to a patent under S27 or S75 that extends beyond the matter included in the application as filed
OR
Extends the scope of protection of a granted patent.
AND
No amendments shall be made to an application for a patent under examination S18(3) and preliminary examination S15A(6) that extend beyond the application as filed.

3

What limitation does S76 place on filing?

Any application filed by reference to the description of a previous application may extend beyond the content of the previous application when filed under S15(10)b(i)
AND
Any new application resulting from litigation under S8, S12, S37 may include mater beyond that contained in the original application as filed
BUT WILL NOT PROCEED TO GRANT UNTIL AMENDED TO EXCLUDE THE ADDITIONAL MATTER