Document ID: chunk:federal_register_of_legislation:F2024C00944:reg:6:p15
Version: federal_register_of_legislation:F2024C00944
Segment Type: reg
Provision Reference: reg 6 (pt 15/73)
Character Range: 191077–193800

must continue to examine and report on the amendment in accordance with subregulation 10.2(1); and
 (d) regulations 10.5 and 10.6 continue to apply in relation to the amendment.

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.

10.8  Prescribed decisions: appeal to Federal Court
  For subsection 104(7) of the Act, a prescribed decision is a decision to grant leave to amend a patent request or complete specification to which paragraph 10.5(1)(b) or (c) applies.

10.10  Prescribed period: filing of court order
  For the purposes of subsection 105(5) of the Act, the period of 14 days from the date of the order of the court is prescribed.

10.11  Form of direction by Commissioner: patents
  A direction of the Commissioner under subsection 106(1) of the Act:
 (a) must be in writing; and
 (b) must state the grounds on which he or she is satisfied that the patent relating to the direction is invalid; and
 (c) must specify the time within which the patentee must file a relevant statement of proposed amendments.

10.12  Form of direction by Commissioner: applications
  A direction of the Commissioner under subsection 107(1) of the Act:
 (a) must be in writing; and
 (b) must state the grounds on which he or she is satisfied that there are lawful grounds of objection to the patent request or complete specification; and
 (c) must specify the time within which the applicant must file a relevant statement of proposed amendments.

10.14  Form of