2.6 Applicants and Nominated Persons, Patent Requests, Entitlement

Date Published

General Points:

  • Under reg 3.1 A, the applicant is taken to be the nominated person. If the applicant at filing is not an entitled person (including if another person is specified as the nominated person) then the name of the applicant must be amended before acceptance and grant.
  • For standard patent applications with an examination request filed before 15 April 2013, a notice of entitlement under reg 3.1(2)(a) and reg 3.1(2)(b) is required to be filed before acceptance.
  • For standard patent applications with an examination request filed on or after 15 April 2013, a statement of entitlement must be provided as part of the request for examination.