Commonwealth Numbered Regulations

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1991 No. 71 PATENTS REGULATIONS - REG 10.7

Correction of Register or patent
  10.7 (1)   The Commissioner may, on a request being made in the approved
form, amend:

   (a)  an entry in the Register for the purposes of:

        (i)    correcting a clerical error or an obvious mistake; or

        (ii)   if a name or an address entered in the Register has been
               changed-changing the name or address; or

   (b)  a patent for the purposes of correcting a clerical error or an obvious
        mistake.

(2) The Commissioner may, if he or she proposes to amend a patent or an entry
in the Register, give notice to a person whose name is entered in the Register
as having an interest in the patent.

(3) If a proposed amendment would materially alter the meaning or scope of an
entry in the Register or a patent, the Commissioner must publish in the
Official Journal a notice of the request to amend the entry or the patent.

(4) If a notice is published, a person may oppose the making of the amendment.

(5) If the Commissioner publishes a notice of the request to amend, he or she
must amend the patent or the entry in the Register:

   (a)  where a person has not opposed allowance of the amendments; or

   (b)  subject to the terms of any decision of a prescribed court,
        the Tribunal or the Commissioner in respect of the opposition.

(6) The Commissioner may, of his or her own motion, amend a patent or an entry
in the Register to correct a clerical error or an obvious mistake. 


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