General Considerations

Date Published

Note: Under reg 3.1A, the applicant is taken to be the nominated person.  Therefore, any amendment to make the nominated person different from the applicant is of no effect, as it will not change the nominated person.  Applicants should be advised of this fact.  Conversely, any amendment to the applicant will result in a change to the nominated person.


The applicant is as indicated in the patent request, notwithstanding any contrary indication in other documents on file (see Name of the Applicant and Inventor), and may be changed under sec 104 or sec 113.

A sec 104 amendment can only be requested by the applicant, i.e. the person currently recorded as the applicant on the patent request. Where there are joint applicants, every applicant must make the request for amendment. If a request under sec 104 is made by any person other than the applicant, whether or not it is made jointly with an applicant, it has no legal standing.

A sec 113 request can only be made by a person who has become entitled to the patent or an interest therein, or an undivided share or an interest therein, i.e. in most circumstances, a person other than the applicant(s) recorded on the patent request.

Where a change of applicant occurs as a result of a merger, appropriate amendment of the applicant may be made under sec 104 or sec 113.

Divisional Applications

Where a divisional application is filed in a name other than that of the applicant of the parent application, that name may be amended under sec 104 or sec 113 in response to an examiner's objection.

Similarly, where an application is made by joint inventors, and the matter invented by one or more inventors is divided out from that application and made the subject of a divisional application, the name of the applicant in the parent application may be amended under sec 104 or sec 113 (see also Amendment of Patent Request).


The notice of entitlement refers to the person recorded as the applicant at the time the notice is filed. If the applicant is changed after the notice has been filed, a new notice of entitlement is required, unless the change is supported by evidence of entitlement, for example sec 113. For further information, see Section 113 Amendments (Assignment, Agreement or Operation of Law) and Section 104 Amendments.

Rule 92bis Name Changes

An amendment of the name of the applicant which occurs under the provisions of Rule 92bis of the PCT will be recognised without any further action by the applicant. Rule 92bis name changes are processed by COG.