IPA patent 7.10.3.4-section-192 — IP Australia Patent Manual of Practice and Procedure – 7.10.3.4 Section 192

Also in this Chapter: 7.10.3.1 Procedure on Receipt of an Application for Recitification 7.10.3.2 Amendment of Errors (excluding Entitlement Disputes) - Subsection 191A(1) 7.10.3.3 Entitlement Disputes - Subsection 191A(2) Key Legislation: Patents Act: s192 Orders for rectification of Register Under section 192 , a court can issue an order for rectification of the Register in the case of: an omission of an entry from the Register an entry made without sufficient cause an entry wrongly existing on the Register an error or defect in an entry. See for example Lundbeck A/S v Alphapharm Pty Ltd [2009] FCAFC 70 where the court ordered that the Register should be rectified by the omission from it of any reference to an extension of term of a patent to which the patentee was not entitled. However, the court cannot expunge an entry from the Register. See Arbitron v Telecontrol Aktiengesellschaft [2010] FCA 302 at [175] where Emmett J stated that: “The Register of patents is merely a public record of rights and their history. Thus, entries in the Register are never removed. Rather, they are only ever altered in a way that shows what changes have occurred. Even when the patent is revoked by order of a court, the entry in the Register is not removed. Rather, the entry is marked and endorsed with the terms of the order.”