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IPA patent 5.3.1.2-credible-address-for-service
IPA patent 5.3.1.2-credible-address-for-service — IP Australia Patent Manual of Practice and Procedure – 5.3.1.2 Credible address for service
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Also in this Chapter:
5.3.1.1 Formalities Required and Assessed at Filing
5.3.1.3 Formalities Required and Assessed During Examination
Key Legislation:
Patents Act:
s104 Amendments by applicants and patentees
Patents Regulations:
22.10 Address for service
Related Chapters:
5.3.3.2 Specific Requirements for the Patent Request
Overview
Many approved forms (including the patent request) require an address for service (reg 22.10). Acceptable types of addresses are:
an address in Australia where documents may be given to or served on the applicant personally, or on a person specified in the form. In most cases this is the address of a patent attorney;
an address in Australia where it is practicable and reasonable for Australia Post, or someone on their behalf, to deliver mail. This may be a post office box, locked bag or postal delivery point to which a contractor of Australia Post routinely delivers mail; and
an address in New Zealand where it is practicable and reasonable for a person providing mail delivery services to deliver mail.
Examination practice
If there is any issue with the address for service, the examiner should raise it with the applicant (see PERP code [B20] ), noting that failure to provide an address for service will ultimately result in refusal of the application.
Applicants have the option of providing a different address for correspondence (see 5.3.3.2 Specific Requirements for the Patent Request ).
Change of address
The applicant may change the address for service at any time by filing a notice under reg 22.10(2). This change does not require a request under s104. However, a change of address of the applicant requires a request under s104. Contact CEG if changes to the address have not been actioned.
Address of applicant on certificate of grant
The last filed address for the applicant will be recorded by CEG at acceptance as the current address. This is the address that will appear in the Register and on the certificate of grant.
