Austoft Industries Limited v. Boral Johns Perry Industries Pty Ltd Summary

PATENTS ACT 1990

DECISION OF A DELEGATE OF THE COMMISSIONER OF PATENTS

Re:Patent Application No 567017 by AUSTOFT INDUSTRIES LIMITED and Opposition by BORAL JOHNS PERRY INDUSTRIES PTY LTD under Section 59 of the Patents Act 1952

Background
          In my decision in this matter dated 23 July 1990 I found that the opposition was successful on the ground that the specification did not comply with section 40 [1952 Act]. However I afforded the applicant an opportunity to amend its specification to overcome this deficiency.
          A request to amend was duly filed by the applicant on 30 August 1990 and following examination action, was advertised in the Official Journal on 6 December 1990. In the absence of opposition, this request was allowed on 16 April 1991 and the specification amended at that time in accordance with the request.
The opponent advised that it did not wish to be further heard on the section 59 opposition. I am therefore in a position to finalize the opposition.
Decision
          I am satisfied that the amendments to the complete specification remove the ground of opposition which I found applicable in my earlier decision. Therefore, I direct that the application and complete specification as amended proceed to sealing.

(T.R. BRUHN)
Supervising Examiner of Patents

Patent attorneys for the applicant: Grant Adams & Co, Brisbane
Patent attorneys for the opponent : Collison & Co, Adelaide

CaseChat Overview and Summary

Austoft Industries Limited (the applicant) had filed a patent application, which was opposed by Boral Johns Perry Industries Pty Ltd (the opponent) under section 59 of the Patents Act 1952. The opposition was initially successful, with the delegate of the Commissioner of Patents finding that the applicant's specification did not comply with section 40 of the Patents Act 1990. The applicant was given an opportunity to amend its specification to overcome the deficiency.

Following the delegate's decision, the applicant filed a request to amend the specification, which was subsequently advertised in the Official Journal. The opponent did not oppose the amendment, and the application and specification were amended accordingly. The delegate was now in a position to finalise the opposition.

The delegate found that the amendments to the specification removed the grounds of opposition that were previously found applicable. The delegate directed that the application and amended complete specification proceed to sealing. The delegate's decision was made in accordance with the provisions of the Patents Act 1952 and the Rules made thereunder. The final orders were not explicitly stated in the decision, but it can be inferred that the patent application was approved for sealing with the amended specification.

Austoft Industries Limited v. Boral Johns Perry Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established