Amendment of applications and patents not to include added matter

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76.-(1) An application for a patent which –
  • (a) is made in respect of matter disclosed in an earlier application, or in the specification of a patent which has been granted, and
  • (b) discloses additional matter, that is, matter extending beyond that disclosed in the earlier application, as filed, or the application for the patent, as filed,
may be filed under section 8(3), 12 or 37(4) above, or as mentioned in section 15(9) above, but shall not be allowed to proceed unless it is amended so as to exclude the additional matter.

(1A) Where, in relation to an application for a patent -
  • (a) a reference to an earlier relevant application has been filed as mentioned in section 15(1)(c)(ii) above; and
  • (b) the description filed under section 15(10)(b)(i) above discloses additional matter, that is, matter extending beyond that disclosed in the earlier relevant application,
the application shall not be allowed to proceed unless it is amended so as to exclude the additional matter.

(2) No amendment of an application for a patent shall be allowed under section 15A(6), 18(3) or 19(1) if it results in the application disclosing matter extending beyond that disclosed in the application as filed.

(3) No amendment of the specification of a patent shall be allowed under section 27(1), 73 or 75 if it -
  • (a) results in the specification disclosing additional matter, or
  • (b) extends the protection conferred by the patent.

(4) In subsection (1A) above “relevant application” has the meaning given by section 5(5) above.

Notes:
Manual of Patent Practice