We are currently developing a new site to host the Patent Manual of Practice and Procedure. The BETA version of this site is now available for you to review. The information and content displayed in the BETA site is only available for testing purposes. Do not use or reference the information in the BETA site when making any decisions or actions regarding IP rights. 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.”

Back to top