7.10.3.1 Procedure on Receipt of an Application for Recitification

Also in this Chapter:

• 7.10.3.2 Amendment of Errors (excluding Entitlement Disputes) - Subsection 191A(1)
• 7.10.3.3 Entitlement Disputes - Subsection 191A(2)
• 7.10.3.4 Section 192

Key Legislation:

Patents Act:

• s191A Commissioner's power to rectify register  

Patents Regulations:

• reg 10.7 Rectification of Register
• reg 22.22 Exercise of discretionary powers by Commissioner​​​​​​​

In this topic:

Commissioner initiated rectification

Patentee requested rectification

Third party requested rectification​​​​​​​

Section 191A can be invoked by the Commissioner of her own volition, or on the request of a party.

Commissioner initiated rectification

Generally the Commissioner will only initiate rectification of the Register to correct errors by staff of the Patent Office.  For instance, where it is apparent that information provided by the patentee at filing was not accurately transcribed into the official record systems that constitute the Register (i.e. there was a clerical error), then the Commissioner will initiate rectification.

Pursuant to section 191A(4), the Commissioner will inform the patentee of the intended rectification and give them an opportunity to be heard (pursuant to reg 22.22).  

There is no requirement to advertise an intention for the Commissioner to rectify the Register of her own volition.

Patentee requested rectification

Most commonly, rectification of the Register will be requested by the patentee.  Under reg 10.7(3), the Commissioner will advertise the receipt of a request for rectification EXCEPT if the rectification relates to:

• the address of the patentee
• the name of the patentee (but not the identity of the patentee)
• the title of the patent
• an obvious mistake in the Register
• alteration that does not materially alter the meaning or scope of on entry in the Register

Advertising gives third parties an opportunity to request to be heard in relation to the rectification.  

Third party requested rectification

Where a third party requests rectification of the Register, the Commissioner will inform the patentee of the request.  In addition, the Commissioner will advertise the receipt of the request for rectification to give the patentee and other parties an opportunity to request to be heard (in the same way as described above).