17 November 2017

Getting the Patent Applicant Right

It is important remember that in some jurisdictions, such as Europe and Canada, the authorities can get a bit pedantic about the proper identification of the applicant.

Here in Australia, we tend to get a little cavalier about ensuring that the applicant really does have the right to file the application. That's because our system has been built around the concept of entitlement. That system allows an application to be filed in the name of a party that is not really entitled to the grant of a patent, provided this condition is corrected at some point. Before recent changes to our Patents Act it was necessary to ensure that the condition was corrected before grant of the patent. We are even more liberal now allowing the condition to be corrected after grant of the patent.

A number of jurisdictions are not that forgiving. This is relevant because an international application (a PCT application) is regarded in most jurisdictions as an initial application in their jurisdiction. Thus, getting it wrong when you file the international application can have unfortunate implications.

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