Types of Errors that can be Recitified

Date Published

The range of errors that can be corrected under section 191A is very wide.  For instance:

  • Change of name or address of the patentee
  • Clerical errors by either the patentee or the Commissioner
  • Obvious mistakes in the Register
  • Insertion of priority information
  • Insertion of inventor information
  • Remove any reference to an extension of term to which the patentee was not entitled.

A merger of two companies to produce a new entity (with a different name or the same name as one of the original entities) can be recorded under section 191A.

However, section 191A cannot be used to revoke a patent by expunging an entry from the Register entirely (Arbitron v Telecontrol Aktiengesellschaft [2010] FCA 302).

The recordal of new particulars, such as an assignment or licence, is specifically provided for by section 187, and is not necessary to utilise section 191A for such matters.