Colin Peter Nelson v Hillmark Industries Pty. Ltd Summary

official notice

decision of a delegate of the commissioner of patents

Application : No. 573107 in the name of COLIN PETER NELSON

Title : Improved conversion kit

Action: S. 59 opposition by HILLMARK INDUSTRIES PTY. LTD.; final decision following amendments

Decision : Issued .

Following successful opposition (see previous decision dated 25th Sept 1990) application amended, amendments allowed and application to proceed to sealing.

patents act 1990

decision of a delegate of the commissioner of patents

Re:Patent Application No. 573107 by COLIN PETER NELSON and opposition thereto under S. 59 of the Patents Act 1952 by HILLMARK INDUSTRIES PTY. LTD.

In my decision in this matter dated 25th September 1990 I found the opposition succeeded in that the specification did not comply with sub-section 40(1)(a), that claims 1-5 did not comply with sub-section 40(2), and that claim 1 was obvious. I gave the applicant an opportunity to propose amendments to overcome these defects. Amendments lodged on 19th November 1990 were allowed unopposed. The opponent maintained its opposition to the amended application but did not wish to be heard further. The applicant responded to the opponent's written submissions and filed further amendments dated 23rd August 1991. A copy of these amendments was sent to the applicant and no comments were received. The amendments were advertised on 2nd January 1992 and allowed on 15th April 1992.

I am satisfied that the amendments remove the grounds for the earlier findings and I am now of the opinion that there is no lawful ground of objection to the application and complete specification. Thus subject to no appeals I will direct that the application and complete specification as amended proceed to sealing.

J I WELSH
Delegate of the Commissioner of Patents

Patent attorneys for the applicant : Collison & Co, Adelaide
Patent attorneys for the opponent : R K Maddern & Associates, Adelaide

Collison & Co
ADELAIDE SA 5000

Re:Patent application No. 573107 in the name of COLIN PETER NELSON
AND

Opposition thereto by HILLMARK INDUSTRIES PTY. LTD.

Your Ref: 33369OPP GEH:AWT:AE
Gentlemen,

Please find enclosed a copy of the decision of the delegate of the Commissioner in the above matter.

Senior Clerk, Patents

R K Maddern & Associates
ADELAIDE SA 5000

Re:Patent application No. 573107 in the name of COLIN PETER NELSON
AND

Opposition thereto by HILLMARK INDUSTRIES PTY. LTD.

Your Ref: P1142/1608 RSC:SC
Gentlemen,

Please find enclosed a copy of the decision of the delegate of the Commissioner in the above matter.

Senior Clerk, Patents

CaseChat Overview and Summary

Colin Peter Nelson was the applicant for a patent in relation to an improved conversion kit. Hillmark Industries Pty. Ltd. opposed the patent application under Section 59 of the Patents Act 1952, contending that the application did not comply with the statutory requirements and was obvious. Following a successful opposition decision by a delegate of the Commissioner of Patents on 25 September 1990, the applicant was given an opportunity to amend the application. Subsequent amendments were made and accepted, and the opponent did not seek to be heard further. The delegate of the Commissioner was required to determine whether the amended application complied with the statutory requirements and whether there were any lawful grounds for objection.

The delegate of the Commissioner found that the amendments successfully addressed the grounds for the earlier opposition decision. The delegate was satisfied that the specification complied with subsection 40(1)(a), that claims 1-5 complied with subsection 40(2), and that claim 1 was not obvious. The delegate determined that there were no lawful grounds of objection to the application and complete specification. The delegate directed that the application and complete specification as amended proceed to sealing, subject to no appeals.

The delegate of the Commissioner allowed the patent application to proceed to sealing, following the amendments made by the applicant. The decision is final and binding, subject to any potential appeals. The delegate found that the amendments to the patent application were sufficient to overcome the objections raised in the earlier opposition decision. The delegate was satisfied that the amended application complied with the statutory requirements and there were no lawful grounds of objection. The decision allows the applicant to proceed with the patent application and seek registration of the patent.

Colin Peter Nelson v Hillmark Industries Pty. Ltd

CaseChat Overview and Summary

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Background to the litigation

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