Document ID: chunk:federal_register_of_legislation:C2024C00455:section:191a
Version: federal_register_of_legislation:C2024C00455
Segment Type: section
Provision Reference: s 191A
Character Range: 219305–221138

191A  Commissioner's power to rectify register
 (1) The Commissioner may rectify the Register if the Commissioner is satisfied, on the balance of probabilities, whether on application or otherwise, of any of the following:
 (a) the omission of an entry from the Register;
 (b) an entry made in the Register without sufficient cause;
 (c) an entry wrongly existing in the Register;
 (d) an error or defect in an entry in the Register.
 (2) The Commissioner must, on application, make a declaration as to a person's entitlement to a patent, or a share in a patent, if the Commissioner is satisfied, on the balance of probabilities, that the Register does not properly record a person's entitlement to a patent, or a share in a patent:
 (a) because the patent, or a share in the patent, was granted to a person who was not entitled to it; or
 (b) because the patent, or a share in the patent, was not granted to a person who was entitled to it; or
 (c) for any other reason.
 (3) If the Commissioner makes a declaration under subsection (2), the Commissioner must rectify the Register accordingly.
 (4) The Commissioner must not make a declaration under subsection (2), or rectify the Register under subsection (3), without first giving the following persons a reasonable opportunity to be heard:
 (a) the person whose entitlement is not properly recorded by the Register;
 (b) any person whose entitlement to the patent, or a share in the patent, is recorded in the Register.
 (5) The Commissioner must not make a declaration or rectify the Register under this section while relevant proceedings in relation to the patent are pending.
 (6) An appeal lies to the Federal Court against a decision of the Commissioner:
 (a) to make, or refuse to make, a declaration; or
 (b) to rectify, or not rectify, the Register;
under this section.