Patents (Manner of making Amendments), Administrative Instructions, No. 1 of 2007
- 1. Short title
- 2. Interpretation
- 3. Amendment to specification
- 4. Amendments to the drawing
- 5. Amendment of amendments
- 6. Substitute specification
- 7. Numbering of claims
No. 1 of 2007
ADMINISTRATIVE INSTRUCTIONS made by the Registrar of Intellectual Property in exercise of the powers conferred upon him by section 69 of the Patents Act, Chapter 253 of the Substantive Laws of Belize, Revised Edition 2000.
Short title. 1. These Administrative Instructions may be cited as the PATENTS (MANNER OF MAKING AMENDMENTS) ADMINISTRATIVE INSTRUCTIONS, 2007.
2. In these Administrative Instructions, unless the context otherwise requires
“markings” include underlining and strikethrough;
“specification” means the description and claims.
Amendment to 3.(1) An amendment to the specification (excluding the claims) must be made
by adding, deleting or replacing a paragraph, by replacing a section, or by submitting a substitute specification in accordance with paragraph 6.
- A replacement paragraph shall include markings to show all changes relative to the previous version of the paragraph. (3) A new paragraph shall be submitted without any underlining.
- Except as otherwise provided, a particular claim may be amended only by rewriting such claim with underlining below the word added and strikethrough across the word deleted.
- The rewriting of a claim in the form outlined in subparagraph (4) shall be construed as directing the cancellation of the original claim; however, the original claim number followed by the parenthetical word “amended” must be used for the rewritten claim.
- If a previously rewritten claim is rewritten, underlining and strikethrough shall be applied in reference to the previously rewritten claim with the parenthetical expression “twice amended,” “three times amended,” as appropriate, following the original claim number.
- Any pending claim not being currently amended must be presented in the claims listing in clean version without any markings.
- Amendments to the specification must be accompanied by a paper directing or requesting that the specified amendments be made, and by a clean version without markings. 4.(1) A change in the construction shown in any drawing may be made only by the submission of a substitute drawing by applicant.
- Each substitute drawing must be labeled “Replacement Sheet” in its top margin if it replaces an existing drawing sheet.
- Any replacement sheet of drawings must include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is amended.
Amendment of amendments.
Numbering of claims.
- Each new sheet of drawings containing an additional figure must be labeled in the top margin as “New Sheet”.
- Any change to the drawings must be explained, in detail, in either the drawing amendment or remarks section of the amendment paper.
5.(1) When an amending clause is to be amended, it shall be wholly rewritten and the original insertion canceled so that no former interlineations or deletions shall appear in the clause as finally presented.
- Any matter canceled by amendment may be reinstated only by a subsequent amendment presenting the canceled matter as a new insertion. 6.(1) If the number or nature of the amendments shall render it difficult to consider the case, or to arrange the papers for printing or copying, the examiner may require the entire specification, including the claims, or any part of the claims, to be rewritten.
- A substitute specification may not be accepted unless it has been required by the examiner or unless it is clear to the examiner that acceptance of a substitute specification shall facilitate processing of the application.
- Any substitute specification filed must be accompanied by a statement that the substitute specification includes no new matter.
7.(1) The original numbering of the claims must be preserved throughout the prosecution.
(2) When claims are canceled, the remaining claims must not be renumbered.
- When claims are added, except when presented in accordance with paragraph 3(4), (5) and (6), they must be numbered by the applicant consecutively beginning with the number next following the highest numbered claim previously presented (whether entered or not).
- When the application is ready for allowance, the examiner, if necessary, must renumber the claims consecutively in the order in which they appear or in such order as may have been requested by applicant.
MADE by the Registrar of Intellectual Property this 29th of June, 2007.
(ALHAJI TEJAN-COLE) Deputy Registrar of Intellectual Property