Gs Technology Pty Ltd v Davies Shephard Pty Ltd and Gsa Industries (Aust) Pty Ltd

G S Technology Pty Ltd, the holder of petty patent 662284, applied for an extension of the term of the patent. Davies Shephard Pty Ltd and GSA Industries (Aust) Pty Ltd filed notices under section 28 of the Patents Act 1990 asserting the patent was invalid. The delegate of the Commissioner of Patents considered the validity of the patent and the application for an extension of term. The delegate found the patent was invalid because the original patentee, George Stack, was not entitled to be granted the patent. The decision held that Stack and Alan Joseph Grieves were the joint inventors of the invention. However, they developed the invention while employees of Russell Plastics Pty Ltd. As a result, Russell Plastics was entitled to be granted the patent. There was no evidence that either Grieves assigned his patent rights to Stack or that Russell Plastics by way of an express agreement had varied the normal master and servant considerations regarding the invention and its patent rights. The delegate refused to grant an extension of term of the patent and invited the parties to provide submissions on costs.