IPA patent 7.10.2.2.5-death-of-patentee — IP Australia Patent Manual of Practice and Procedure – 7.10.2.2.5 Death of Patentee

Also in this Chapter: 7.10.2.2.1 Assignment 7.10.2.2.2 Change of Name 7.10.2.2.3 Bankruptcy 7.10.2.2.4 Winding Up of Companies Key Legislation: Patents Act: s215 Death of applicant or nominated person Patents Regulations: reg 22.9 Death of applicant or nominated person If a patentee died before the grant of a patent, the Commissioner can amend the Register under section 215 to substitute the name of the person to whom a patent should have been granted. Regulation 22.9 specifies that suitable evidence must be filed to support such an amendment. Where a patentee dies after the grant of a patent, the ownership of the patent will be devolved according to the will of the patentee. A patent cannot proceed in the name of "the estate of X". See Trivett Classic Pty Ltd v Estate of Trivett (dec'd) (1999) 44 IPR 437.