Patents Act 1994 · 2020 Revised Edition · Part 4 · Right to Apply for and Obtain Patent
24. Mention of inventor
Feedback & supportThe inventor or joint inventors of an invention have a right to be mentioned as such in any patent granted for the invention and also have a right to be so mentioned if possible in any published application for a patent for the invention and, if not so mentioned, a right to be so mentioned in accordance with the rules in a prescribed document.
inventor
“inventor”, in relation to an invention, means the actual deviser of the invention and “joint inventor” is to be construed accordingly;
Unless an applicant for a patent has already given the Registry the information mentioned in this subsection, the applicant for a patent must, within the prescribed period, file with the Registry a statement —
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 117(3);
identifying the person or persons whom the applicant believes to be the inventor or inventors; and
where the applicant is not the sole inventor or the applicants are not the joint inventors, indicating the derivation of the applicant’s or the applicants’ right to be granted the patent,and, if the applicant fails to do so, the application is treated as having been abandoned.
Where a person has been mentioned as a sole or joint inventor under this section, any other person who alleges that the former ought not to have been mentioned may at any time apply to the Registrar for a certificate to that effect, and the Registrar may issue such a certificate.