7.10.2.5 Court Orders

Date Published

Key Legislation:

Patents Act:

  • s105 Amendments directed by court  
  • s140 Commissioner to be given copies of orders  
  • Chapter 12 Compulsory licences and revocation of patents

Patents Regulations:

Regulation 19.1 identifies three categories of orders that are to be recorded on the Register: orders under section 105, orders under Chapter 12, and orders made on appeal in relation to a patent.

Orders issued under Chapter 12 of the Patents Act are to be served on the Commissioner by the Registrar of the Court (see section 140).  In practice these orders are provided by one of the parties rather than the Registry, and the Commissioner does not insist that they be served by the Registrar.