Section 192

Date Published

Under section 192, a court can issue an order for rectification of the Register in the case of:

  • an omission of an entry from the Register
  • an entry made without sufficient cause
  • an entry wrongly existing on the Register
  • an error or defect in an entry.

See for example Lundbeck A/S v Alphapharm Pty Ltd [2009] FCAFC 70 where the court ordered that the Register should be rectified by the omission from it of any reference to an extension of term of a patent to which the patentee was not entitled.

However, the court cannot expunge an entry from the Register.

See Arbitron v Telecontrol Aktiengesellschaft [2010] FCA 302 at [175] where Emmett J stated that:

“The Register of patents is merely a public record of rights and their history. Thus, entries in the Register are never removed.  Rather, they are only ever altered in a way that shows what changes have occurred.  Even when the patent is revoked by order of a court, the entry in the Register is not removed.  Rather, the entry is marked and endorsed with the terms of the order.”