Check a patent assignment before it is recorded
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- From the assignment document the lawyer selects, record whether it is in writing, who signed it for the assignor and for the assignee, whether it states a place in or part of the patent area, whether it states an end date, and whether the assignor is described as a co-owner. Do not decide that the assignment can be recorded.
- What the lawyer must review
- The lawyer decides whether section 14 is met and what the office will record. Section 14(1) says an assignment of a patent must be in writing signed by or on behalf of the assignor and the assignee. Section 14(2) says a patent may be assigned for a place in, or part of, the patent area. The office manual says an assignment for a period with a specified end date is recorded for that period, and that if there is no specified end date the end is not recorded unless the parties ask. It says the Commissioner does not need the commercial dealings: a document signed by the assignee and the assignor that makes clear that the specified patent has been assigned is what is required, and a photocopy of a deed is sufficient. It says a patent assignment is not required to be a deed. It says a co-owner cannot assign an interest without the consent of the other co-owners, citing section 16(1), which was not opened, and that consent must be a positive act such as signing, not a failure to object. If the assignee's name has changed, the manual says evidence of the change is required and is accepted on its face, and that the Commissioner must not go behind the Register to check the entitlement of the recorded patentee. The manual says an agreement made before grant may be capable of registration if it is clear that the patent, when granted, is to be assigned, and it points to section 113, which was not opened. The lawyer writes anything that is filed.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Confirm the document is signed by or on behalf of both the assignor and the assignee. A signature for one of them does not meet section 14(1).
- If the assignor is a co-owner, do not treat silence from the other owners as consent. The manual requires a positive act, and section 16 was not opened.
- If an end date is stated, record that date. If none is stated, do not invent one. The manual says the end is not recorded unless the parties ask.
- If the document was signed before grant, the lawyer reads section 113 before treating it as recordable. That section was not opened.
Sources
- Patents Act 1990 (Cth) s 14, assignment of a patent · 2026-10-22
- IP Australia patent manual, 7.10.2.2.1 Assignment · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.