IPA patent 7.10.2.9-false-entries-in-the-register — IP Australia Patent Manual of Practice and Procedure – 7.10.2.9 False Entries in the Register

Also in this Chapter: 7.10.2.1 Recording New Particulars in the Register 7.10.2.2 Change of Ownership 7.10.2.3 Security Interests 7.10.2.4 Licences 7.10.2.5 Court Orders 7.10.2.6 Equitable Interests 7.10.2.7 Effect of Registration or Non-Registration 7.10.2.8 Trusts ​​​​​​​ Key Legislation: Patents Act: s191 False entries in Register Section 191 of the Patents Act provides: “A person must not: (a) make a false entry in the Register; or (b) cause a false entry to be made in the Register; or (c) tender in evidence a document that falsely purports to be a copy of or extract from an entry in the Register.” Section 191 is a penal provision of the Act. It provides for a penalty against a person who intentionally provides an untruth, or wrong fact, with no real basis on which to support it. Where such a situation exists, section 191 does not provide a mechanism for rectification of the Register. However the facts that would support an action under section 191 would almost certainly support a separate application for rectification of the Register.