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IPA patent 5.6.9.12-register-of-patents
IPA patent 5.6.9.12-register-of-patents — IP Australia Patent Manual of Practice and Procedure – 5.6.9.12 Register of Patents
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Also in this Chapter:
5.6.9.1 Conditions and Time for Acceptance
5.6.9.2 Postponement of Acceptance
5.6.9.3 Extension of Acceptance Period
5.6.9.4 Revocation of acceptance
5.6.9.5 Refusal of acceptance - Specific circumstances
5.6.9.6 Refusal of an Application ;
5.6.9.7 Continued Examination - Result of a decision
5.6.9.8 Lapsing of an application
5.6.9.9 Withdrawal of an application
5.6.9.10 Double patenting, Multiple Applications - s62(2), s101B(2)(h)
5.6.9.11 Parallel Applications (Applications for both innovation and standard)
5.6.9.13 Annex A - Example Bar-to-Grant Letter (Accepted Despite Multiple Inventions)
5.6.9.14 Acceptance and QRS Issues
Key Legislation:
Patents Act:
s113 Persons claiming under assignment or agreement
s186 Register of Patents
s191A Commissioner's power to rectify register
s192 Orders for rectification of Register
Related Chapters:
7.10.1 What is the Register
7.10.2 Recording Particulars in the Register
7.10.3 Amendment of the Register
On this page
The Register
Entries in the Register
Registration of, and Amendment to Particulars
Correction of the Register
Obtaining Information from Register .
The Register
The Office maintains a Register of Patents which contains details of standard patents and innovation patents. Under s186(2) , the Register may be kept wholly or partly by use of a computer. Until 9 February 2009, the Register was held only in paper form. From 9 February 2009, the Register changed to electronic form for all patents granted from 24 May 2001.
Entries in the Register
The Register of Patents contains particulars of patents in force. The particulars recorded are as follows:
patent number;
name(s) and address(es) of the patentee(s);
name(s) of the inventor(s);
title of the patent;
term of the patent;
date accepted;
date granted;
status of the patent;
expiry date;
date ceased;
date revoked;
priority details;
divisional and/or additional details;
issuing of duplicate deeds;
alteration or correction of ownership details;
mortgagee, licensee or other interests;
transfer of entitlement to the patent or licence, or a share in the patent or licence;
details of court orders concerning a patent, being orders filed or served on the Commissioner;
details of a sequestration notice, or other document or order, declaring the previous holder of patent rights bankrupt;
extension of term;
an amendment to the complete specification after grant; and
restoration.
Registration of, and Amendment to Particulars
Information on the registration of particulars of patents, and the amendment thereof, is provided in:
7.10.2 Recording Particulars in the Register; and
7.10.3 Amendment of the Register.
Correction of the Register
The Register may be rectified by a prescribed court under the provisions of s192 .
Similarly, the Commissioner may, under the provisions of s191A, amend an entry in the Register to correct an error or omission or to correct ownership details.
Obtaining Information from Register
Where examiners require a record of the information on the Register, an extract from the Register may be obtained from E-Register on AusPat. Examiners must ensure that a copy of the extract is attached to the case file.
Examiners should bear in mind that AusPat may not record the very latest details for a patent. Where examiners have any queries regarding the information obtained from AusPat, these should be referred to CEG in the first instance.
