False Entries in the Register

Date Published

Section 191 of the Patents Act provides:

“A person must not:

(a) make a false entry in the Register; or

(b) cause a false entry to be made in the Register; or

(c) tender in evidence a document that falsely purports to be a copy of or extract from an entry in the Register.”

Section 191 is a penal provision of the Act.  It provides for a penalty against a person who intentionally provides an untruth, or wrong fact, with no real basis on which to support it.  Where such a situation exists, section 191 does not provide a mechanism for rectification of the Register. However the facts that would support an action under section 191 would almost certainly support a separate application for rectification of the Register.