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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