If you want to amend a patent, you will need to notify IP Australia. So what counts when you amend a patent? Some common patent amendments include:

  • Changing your name or address;
  • If the ownership of the patent changes when you grant a licence to someone; or
  • If there are any mistakes that have been recorded.

Also, this information needs to be kept up to date. For instance, if you do not have a patent attorney, IP Australia will send you a notification when it is time to pay the renewal fee for your patent. If you have not updated your address, you will not receive the notification, and the onus is on you.


As mentioned above, the granting of a licence is information that needs to be conveyed to IP Australia. Similarly, where you are assigning the ownership of the patent (or even the patent application), you will need to notify IP Australia.

The change in ownership could come about by a direct transfer of interest from one party to another, or a merger between parties such that a new entity owns the patent.

How to notify IP Australia

IP Australia will need to know all the details of the change of ownership. Depending on the nature of the change of ownership, you will need to supply a copy of the document that effected the transfer i.e. deed of assignment, merger document or a sale agreement.

You need to make sure that the document includes details of:

  • the name of the current owner;
  • the name of the new owner;
  • the date of execution of the assignment;
  • the patent number (or application number);
  • signatures of both or all necessary parties; and
  • changing the name of a patent applicant

If you have transferred ownership to someone, you can change the name of the patent applicant by contacting IP Australia and asking them to amend a patent request so that it has the name of the new applicant.

Alternatively, the new applicant can contact IP Australia and ask them to change the current applicant’s name to their own. IP Australia may require proof of ownership documents to be filed i.e. the deed of assignment.

Mistake in record of name

If your name is recorded incorrectly and you have been granted a patent, there are two situations where you can ask IP Australia to change the name. The first is if the name was recorded incorrectly because of a clerical error, and the second is if there is an obvious mistake in the name.

If you believe that a clerical error was made, you will need to provide evidence and explain the facts to show that a clerical error was the reason for the incorrect record. These are mistakes that are made in the writing or copying of the name; where a different name was written to the one that was intended to be written.

If you are unable to prove that the reason for the error was clerical, it is unlikely that it will be changed. If this is the case, the next step is to take the matter to court and get an order requiring the change to be made.


To amend a patent is not always such a simple process. As such, it is important to keep the details of your patent updated. Check carefully for mistakes and take the right steps to correct them. If you are unsure of what you need to do, it is helpful to chat with an intellectual property professional who can guide you through the process.

COVID-19 Business Survey
LegalVision is conducting a survey on the impact of COVID-19 for businesses across Australia. The survey takes 2 minutes to complete and all responses are anonymous. We would appreciate your input. Take the survey now.

About LegalVision: LegalVision is a tech-driven, full-service commercial law firm that uses technology to deliver a faster, better quality and more cost-effective client experience.

The majority of our clients are LVConnect members. By becoming a member, you can stay ahead of legal issues while staying on top of costs. For just $199 per month, membership unlocks unlimited lawyer consultations, faster turnaround times, free legal templates and members-only discounts.

Learn more about LVConnect

Dhanu Eliezer
Need Legal Help? Get a Free Fixed-Fee Quote

If you would like to receive a free fixed-fee quote or get in touch with our team, fill out the form below.

  • By submitting this form, you agree to receive emails from LegalVision and can unsubscribe at any time. See our full Privacy Policy.
  • This field is for validation purposes and should be left unchanged.
Our Awards
  • 2019 Top 25 Startups - LinkedIn 2019 Top 25 Startups - LinkedIn
  • 2019 NewLaw Firm of the Year - Australian Law Awards 2019 NewLaw Firm of the Year - Australian Law Awards
  • 2020 Fastest Growing Law Firm - Financial Times APAC 500 2020 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review 2020 AFR Fast 100 List - Australian Financial Review
  • 2020 Law Firm of the Year Finalist - Australasian Law Awards 2020 Law Firm of the Year Finalist - Australasian Law Awards
  • Most Innovative Law Firm - 2019 Australasian Lawyer 2019 Most Innovative Firm - Australasian Lawyer
Privacy Policy Snapshot

We collect and store information about you. Let us explain why we do this.

What information do you collect?

We collect a range of data about you, including your contact details, legal issues and data on how you use our website.

How do you collect information?

We collect information over the phone, by email and through our website.

What do you do with this information?

We store and use your information to deliver you better legal services. This mostly involves communicating with you, marketing to you and occasionally sharing your information with our partners.

How do I contact you?

You can always see what data you’ve stored with us.

Questions, comments or complaints? Reach out on 1300 544 755 or email us at info@legalvision.com.au

View Privacy Policy