OFFICIAL NOTICE
DECISION OF A DELEGATE OF THE COMMISSIONER OF PATENTS
Application : Nos. 52067/98 and 56307/98 in the name of IMPACT POST ANCHORS PTY LTD
Title: An Anchoring Apparatus
Action: Final decision on an application under Section 36(1) by CEDARBOURNE PTY LTD for a declaration regarding entitlement to the invention
Decision: Issued .
Abstract
The earlier decision on this matter found that Cedarbourne Pty Ltd was an eligible person in respect of some of the subject matter contained in the patent applications. As directed Cedarbourne Pty Ltd proposed wording for a declaration under section 36(1) which is consistent with the earlier decision. Impact Post Anchors Pty Ltd did not object to the proposed wording and neither of the parties indicated a wish to be further heard. Accordingly, the declaration sought by Cedarbourne Pty Ltd was made to give effect to the joint entitlement.
PATENTS ACT 1990
DECISION OF A DELEGATE OF THE COMMISSIONER OF PATENTS
Re:Patent Application Nos. 52067/98 and 56307/98 in the name of IMPACT POST ANCHORS PTY LTD and an application under Section 36(1) by CEDARBOURNE PTY LTD for a declaration stating that they are an eligible person as defined in Section 15
BACKGROUND
In my earlier decision on this matter {see [1998] APO (22 December 1998)} I found that Cedarbourne Pty Ltd (Cedarbourne) together with the patent applicant, Impact Post Anchors Pty Ltd (Impact), were eligible persons in respect of the subject matter of the patent applications. Cedarbourne were as a consequence directed to propose an appropriately worded declaration under section 36(1).
On 15 February 1999 Cedarbourne proposed a declaration which I consider to be consistent with my earlier decision. Impact did not raise any objection to the proposed wording within the extended period allowed, nor has either party indicated that they wish to be further heard before the matter is finally determined.
Accordingly, I now make the declaration sought by Cedarbourne under section 36(1), namely:
"I declare Cedarbourne Pty Ltd to be an eligible person in relation to Patent Application Nos. 52067/98 and 56307/98 and that Patent Application Nos. 52067/98 and 56307/98 proceed jointly in the names of Impact Post Anchors Pty Ltd and Cedarbourne Pty Ltd."
O L Haggar
Delegate of the Commissioner of Patents
Patent attorneys for the section 36 applicant : Intellpro, Brisbane
- AGLC
- Impact Post Anchors Pty Ltd v Cedarbourne Pty Ltd [1999] APO 47
- Case
- [1999] APO 47
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether Cedarbourne Pty Ltd qualified as an eligible person under section 15 of the Patents Act 1990, thereby entitling it to a joint declaration with Impact Post Anchors Pty Ltd regarding the patent applications. The decision hinged on whether Cedarbourne's contribution to the invention met the statutory criteria for eligibility.
In the earlier decision, the Delegate found that Cedarbourne was indeed an eligible person concerning some aspects of the invention. Following this determination, Cedarbourne proposed wording for a declaration under section 36(1), which aligned with the earlier findings. Impact Post Anchors Pty Ltd did not object to the proposed wording, and neither party sought further hearings. Consequently, the declaration sought by Cedarbourne was granted, acknowledging its joint entitlement with Impact Post Anchors Pty Ltd for the specified patent applications. The Delegate's final declaration specified that Cedarbourne Pty Ltd is an eligible person in relation to the patent applications, which will proceed jointly in the names of both companies.
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Background
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