Section 31
General power to amend application before grant
of Patents Act
(1)
If it appears to an Examiner during the examination of an application that —
(a)
the conditions specified in sections 13 and 25(4) and (5)
have not been complied with; or
(b)
the application discloses —
(i)
any additional matter referred to in section 81(1); or
(ii)
any matter extending beyond that disclosed in the application for the patent as filed,
Patents
B.L.R.O. 6/2023 49
the Examiner shall give the applicant at least one written opinion to that effect, and the Registrar shall, upon receiving the written opinion, send the applicant a notification and a copy of the written opinion.
(2)
The applicant shall, before the examination report is issued, have the right —
(a)
to respond in the prescribed manner to the written opinion within any prescribed period; and
(b)
subject to section 81, to amend in the prescribed manner the specification of the application in accordance with the prescribed conditions.
(3)
Notwithstanding subsection (1), during any period prescribed for the purposes of this subsection, the applicant may, in accordance with the prescribed conditions and subject to section 81, amend the application of his own volition.