Cytec Industries Inc. v Nalco Company

Cytec Industries Inc. filed an application under section 105(1A) of the Patents Act 1990 (Cth) to amend Australian Patent Application No. 2012220990. The application related to a method for reducing aluminosilicate scale in the Bayer process. The proposed amendments narrowed the claims by specifying particular molecules to be used in the composition. Nalco Company opposed the application. The central legal issues revolved around whether the proposed amendments would narrow the scope of the patent claims in a manner consistent with section 105(1A) of the Patents Act and whether the amendments would introduce new matter.

The court found that the proposed amendments did indeed narrow the scope of the claims as required by section 105(1A) of the Patents Act. The court noted that the amendments specified particular molecules to be used in the composition, thereby narrowing the scope of the claims. The court also found that the amendments did not introduce new matter, as the proposed molecules were already disclosed in the original application. The court was satisfied that the amendments were consistent with the requirements of the Act and granted the application to amend the patent claims. The court also ordered that the respondent pay the appellant’s costs of the interlocutory application and listed the proceedings for case management.