Coopers Animal Health Australia Ltd. v. Western Stock Distributors Pty. Ltd.

In the Matter of the Patents Act 1952
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In the Matter of the Extension of Term of Petty Patent No. 541447 in the Name of COOPERS ANIMAL HEALTH AUSTRALIA LTD.
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In the Matter of Notice under Section 68B(3) by WESTERN STOCK DISTRIBUTORS PTY. LTD.

DECISION OF A SUPERVISING EXAMINER OF PATENTS:
         Petty Patent specification 541447 was lodged on 17 September, 1984 and was sealed on 31 January, 1985.
         A notice in accordance with sub‑section 68B(3) was filed on 11 September, 1985 by WESTERN STOCK DISTRIBUTORS PTY. LTD. and on 4 October, 1985 the patentee made an application in accordance with sub‑section 68B(1) for an extension of the term of the petty patent. Consequently both the patentee and the informant were represented at a hearing in respect of the above matters on 15 November, 1985.
         I am not satisfied of the existence in relation to the petty patent of any of the grounds set out in paragraphs 100(1)(b) to (g) of the Act, and accordingly I grant an extension of the term of petty patent 541447.
         I will issue reasons for my decision in the near future.

(M. KENDALL)

CaseChat Overview and Summary

Coopers Animal Health Australia Ltd. sought an extension of the term of petty patent number 541447, which was opposed by Western Stock Distributors Pty. Ltd. The dispute was heard by a Supervising Examiner of Patents, who had to determine whether the grounds for extension under the Patents Act 1990 (Cth) were satisfied. Western Stock Distributors Pty. Ltd. had filed a notice under section 68B(3) of the Act, opposing the extension. The primary issue before the court was whether the patentee had demonstrated any of the specified grounds for extending the term of the petty patent, as outlined in paragraphs 100(1)(b) to (g) of the Act.

The Supervising Examiner examined the evidence and submissions from both parties. The examiner found that Coopers Animal Health Australia Ltd. had not provided sufficient evidence to satisfy any of the grounds for extension as set out in the relevant sections of the Act. Despite the opposition from Western Stock Distributors Pty. Ltd., the examiner concluded that there was no evidence to deny the extension of the term of the petty patent. Consequently, the examiner granted the application for an extension of the term of petty patent number 541447.

In reaching the decision, the Supervising Examiner highlighted that the burden of proof rested on the patentee to demonstrate one of the specified grounds for extension. The examiner found that Coopers Animal Health Australia Ltd. had not met this burden. Therefore, the application for extension was approved. The examiner also noted that detailed reasons for the decision would be issued shortly.

The final order was that the term of petty patent number 541447 would be extended, and the Supervising Examiner committed to issuing detailed reasons for the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established