IPA patent 8.17-patent-deeds — IP Australia Patent Manual of Practice and Procedure – 8.17 Patent Deed

Also in this Chapter: 8.1 Summary of Relevant Legislative Changes 8.2 General Approach to Examination 8.3 Amendments 8.4 Novelty 8.5 Inventive Step 8.6 Innovative Step 8.7 Section 40 Specifications 8.8 Patentability Issues 8.9 Abstracts 8.10 Divisional Applications 8.11 Priority Dates and Filing Dates 8.12 Examination 8.13 Modified Examination 8.14 Petty Patents 8.15 National Phase Applications 8.16 Convention Applications ​​​​​​​ Sealing of Duplicate Patent The Commissioner may seal a duplicate of a patent (deed) if satisfied that the original is lost, stolen, damaged or destroyed. In general, the Commissioner would be so satisfied if: the damaged deed was provided to the Office with a request for a duplicate; or the patentee (or their patent attorney or other legal representative) provides a written statement setting out the circumstances and clearly stating that they believe the deed to be lost, stolen or destroyed. There is no requirement for an explanation of any measures undertaken, such as searches of premises, to support this written statement. However, the Commissioner may, in some circumstances, require the written statement to be in the form of a declaration.