Impact Post Anchors Pty Ltd v Cedarbourne Pty Ltd

[1999] APO 47

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