7.10.1 What is the Register?

Also in this Chapter:

• 7.10.2 Recording Particulars in the Register
• 7.10.3 Amendment of the Register

Key Legislation:

Patents Act:

• s61 Grant of standard patent  
• s62 Grant and publication of innovation patent  
• s186 Register of Patents  
• s195 Evidence--the Register  

The Commissioner of Patents maintains a Register of Patents containing details of standard patents and innovation patents.  Patents are granted by entering particulars into the Register (sections 61 and 62).  

The Register is prima facie evidence of any particulars registered in it (section 195(1)).  

Pursuant to section 186(2), the Register may be kept wholly or partly by use of a computer.  Until 9 February 2009, the Register was held solely in paper form, and entries in the Register were made manually.  An alteration to an entry in the Register occurred by manually “striking through” a reference to the relevant entry and then making a notation as to the reason for the strike through.  Therefore when a correction was made, all reference to the amended entry was not omitted; it was still possible to read the previous position.  A copy of a paper Register entry can be obtained from the Commissioner.

From 9 February 2009, the Register changed to electronic form for all patents granted from 24 May 2001.  These patents are covered solely by the electronic Register.  The Register is embodied in a series of electronic databases where the particulars of patents are kept.  Data is extracted from these databases and appears to the public via the AusPat system.  What appears on AusPat is not the Register.

When required, an extract from the Register is produced as an automated function by extracting data from the source databases.  This extract can be obtained from the AusPat system.  The extract contains the same types of information that were recorded in the paper Register.  The extract contains the most recent particulars in relation to the patent, as well as the details of the most recent change (if any) to a particular.  Some Court orders do not presently appear in the extract.  If required for the purposes of section 195(2), a signed copy of the extract from the Register can be obtained from the Commissioner, and is admissible in any proceedings as prima facie evidence of those particulars.  Requests for a signed copy of an extract from the Register should be directed to IP Australia, through any of the normal communication channels.

The full Register differs from the extract in that it includes the full transaction history of the particulars that appear in the extract, and all Court orders.  A full Register entry is not available as an automated function.

The Register is restricted to the particulars that are listed in 7.10.2 Recording Particulars in the Register, and does not include other information in relation to the patent that is stored in the electronic databases, such as the specification of the patent.