7.2.7 Sections 17 & 32 - Disputes Between Applicants and Co-Owners

Also in this Chapter:

• 7.2.1 Oppositions to grant of a standard patent-Section 59 oppositions
• 7.2.2 Opposition to Innovation Patents-Section 101M Oppositions
• 7.2.3 Oppositions to an Extension of Term of a Pharmaceutical Patent (Section 75(1) Oppositions)
• 7.2.4 Oppositions to Request to Amend an Application or Other Filed Document (Section 104(4) Oppositions)
• 7.2.5 Oppositions to Extensions of Time Under Section 223 (Section 223(6) Oppositions
• 7.2.6 Oppositions to Grant of a Licence (Regulation 22.21(4) Oppositions)
• 7.2.8 Entitlement Disputes (Applications Under Sections 33-36 and 191A)

Sub-chapters:

• 7.2.7.1 Procedure
• 7.2.7.2 Finalising the Proceedings
• 7.2.7.3 Relevant Cases​​​​​​​

Key Legislation:

Patents Act:

• s17 Directions to co-owners  
• s32 Disputes between applicants etc.  
• s36 Other applications by eligible persons  
• s224 Review of decisions 

Patents Regulations:

• reg 22.24 Practice and procedure other than for opposition proceedings
• reg 22.8 Costs​​​​​​​
• Schedule 7 Fees​​​​​​​

Note: This information applies to section 17 applications and requests under section 32 filed on or after 15 April 2013.

In this topic:

Relevant Legislation

The Act

The Regulations

Overview​​​​​​​

Relevant Legislation

The Act

The Regulations

Overview

The Commissioner has power under section 17(1) to give directions to settle disputes between co-owners of a patent as to dealings with the patent, the grant of licences under it or the exercise of a right under section 16.

Similarly section 32 provides a mechanism for the Commissioner to determine a dispute between any two or more joint applicants in relation to a patent application whether, or in what manner, the application should proceed.

Where a request under section 32 is made, the Commissioner is empowered to make any determinations the Commissioner thinks fit for enabling the application to proceed in the name of one or more of the applicants alone, or for regulating the manner in which it is to proceed, or both, as the case requires.

A request may be made under section 32 whether or not the application has lapsed.  

Note: From 15 April 2013, section 32 is limited to disputes arising between joint applicants (as was the case under the equivalent section 63 of the 1952 Act).  Entitlement disputes involving third parties may be pursued under section 36.