Commonwealth Consolidated Regulations

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PATENTS REGULATIONS 1991 - REG 10.7

Rectification of Register

             (1)  A person applying for rectification of the Register under section 191A of the Act must do so in the approved form.

             (2)  The Commissioner:

                     (a)  may seek further information from any person for the purpose of considering the application; and

                     (b)  is not required to consider the application while seeking the further information.

             (3)  The Commissioner must publish a notice of the rectification request in the Official Journal unless the rectification:

                     (a)  relates to an address included in the Register; or

                     (b)  relates to a name included in the Register and does not relate to a change of identity; or

                     (c)  relates to the title of an invention included in the Register; or

                     (d)  is to correct an obvious mistake made in the Register; or

                     (e)  does not materially alter the meaning or scope of an entry in the Register.

             (4)  However, the Commissioner is not required to publish a notice under subregulation (3) if the Commissioner is satisfied that the rectification should not be made.

             (5)  If the Commissioner publishes a notice under subregulation (3), the Commissioner must not rectify the Register until the later of:

                     (a)  2 months after publishing the notice; and

                     (b)  if a person requests to be heard in relation to the rectification request--after the person has been heard.



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