Patents Act 1990

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:

the omission of an entry from the Register;

an entry made in the Register without sufficient cause;

an entry wrongly existing in the Register;

an error or defect in an entry in the Register.

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:

because the patent, or a share in the patent, was granted to a person who was not entitled to it; or

because the patent, or a share in the patent, was not granted to a person who was entitled to it; or

for any other reason.

If the Commissioner makes a declaration under subsection (2), the Commissioner must rectify the Register accordingly.

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:

the person whose entitlement is not properly recorded by the Register;

any person whose entitlement to the patent, or a share in the patent, is recorded in the Register.

The Commissioner must not make a declaration or rectify the Register under this section while relevant proceedings in relation to the patent are pending.

An appeal lies to the Federal Court against a decision of the Commissioner:

to make, or refuse to make, a declaration; or

to rectify, or not rectify, the Register;