2.30.1 Sealing of Duplicate Patent

Date Published

Note: The information in this part only applies to patents granted before 15 April 2013.

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.