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Whether you're acquiring a patent, restructuring a business, or transferring rights between related entities, the change of ownership needs to be properly documented and recorded with IP Australia. Our team at Brealant handles the assignment paperwork and the recordal.
Legal Definition of Patent Assignment
Assignment, under the Patents Act 1990, is the legal transfer of ownership of a patent or patent application from one party to another.
Doesn't Renew the Patent
Assignment and renewal are separate processes — a transferred patent still needs to be renewed on schedule.
Doesn't Change the Claims
You can't use an assignment to alter the granted claims or scope of protection.
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Contact
Tell Brealant about the patent(s), the parties, and the nature of the transfer.
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Search
We confirm the current registration details and ownership status on the IP Australia register.
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Quote
Receive a fixed-fee quote based on the number of patents involved.
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Pay
Proceed with secure payment for the assignment service.
File
Brealant prepares the deed and files the recordal request with IP Australia.
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Wait
IP Australia processes the recordal and updates the register.
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Response
You receive confirmation once ownership is updated on the register.
In Australia, an assignment is only as strong as its documentation and recordal. A signed deed of assignment, followed by a recordal request to IP Australia, is the clearest way to make sure the change of ownership is properly reflected and enforceable.
An unrecorded change of ownership can create uncertainty about who can enforce or license the patent, and may weaken the new owner's position in a dispute. Brealant keeps the register accurate and the new owner's rights clearly established.
Recordal is important, but it has limits
Doesn't Validate a Bad Deal
Recordal reflects the transfer; it doesn't cure defects in the underlying commercial agreement.
Doesn't Renew the Patent
Assignment and renewal are separate processes — a transferred patent still needs to be renewed on schedule.
Doesn't Change the Claims
You can't use an assignment to alter the granted claims or scope of protection.
Retrospective Effect Is Limited
Recordal protects the new owner going forward; earlier unrecorded dealings may need separate legal advice.
Doesn't Resolve Disputes
If ownership itself is disputed, recordal won't resolve the underlying dispute.
Brealant flags any of these issues during the assignment process so nothing is missed.
A properly recorded assignment protects
The New Owner's Rights
Clear, documented legal ownership recognised by IP Australia.
Enforcement Ability
The new owner's standing to take infringement action based on the patent.
Deal Certainty
The commercial transaction — acquisition, restructure, or licence — that the transfer is based on.
Future Dealings
The ability to further assign, license, or use the patent as security without ownership disputes.
Brealant makes sure every assignment is properly documented so these protections are secured.
The assignment process typically follows these stages
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Instruction
You confirm the patents, parties, and transaction details with Brealant.
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Drafting
We prepare or review the deed of assignment.
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Execution
The assignor and assignee sign the documentation.
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Recordal
We file the recordal request, and IP Australia updates the register.
Once properly executed documentation is filed, IP Australia typically records the change of ownership within a few weeks.
Assignment costs are modest relative to the transaction they support
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IP Australia charges a modest official fee per patent to record an assignment.
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IP Australia charges a modest official fee per patent to record an assignment.
These costs are a small part of protecting the value of the IP asset being transferred.
Once the assignment is recorded, Brealant can take over ongoing renewal tracking, monitoring, and enforcement for the new owner, so the transition is seamless.
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It isn't required for the transfer to be valid between the parties, but recording it is important for the new owner to be recognised and to protect their position against third parties.
Yes, both pending applications and granted patents can be assigned.
IP Australia requires documentary evidence of the transfer, such as a signed deed of assignment.
Yes, we regularly coordinate Australian recordals alongside assignments of corresponding patents in other jurisdictions.
Once signed documentation is filed, IP Australia typically records the change of ownership within a few weeks.
IP Australia doesn't charge a separate fee purely to record most assignments, though Brealant's professional fee applies to preparing and lodging the recordal.
Assignment transfers ownership of the patent entirely, while a licence allows another party to exploit the invention while the original owner retains ownership.
Yes, patents can be subject to a security interest, which can also be recorded against the patent to protect the secured party's position.
Existing licences generally continue to bind the new owner, so due diligence before an assignment should review any licences already in place.
Yes, we regularly handle IP-related recordals arising from mergers, acquisitions, and corporate restructures.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business.
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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