Mather v Lockwood Australia Pty Ltd

The case of Mather v Lockwood Australia Pty Ltd concerns a patent application for a coded locking mechanism. Lockwood Australia Pty Ltd opposed the application on the grounds that it lacked novelty, did not involve an inventive step, and did not comply with the statutory requirements for patentability. The Commissioner’s delegate upheld the opposition, but the applicant appealed to the court. The court was required to decide whether the patent application met the criteria for novelty, inventive step, and compliance with the statutory requirements for patentability.

The court found that Lockwood's arguments regarding the novelty and inventive step of the lock barrel and key claims were unconvincing. The court held that the invention met the criteria for novelty and inventive step. The court also found that the specification complied with the statutory requirements for patentability, despite the delegate's earlier conclusion to the contrary. The court observed that the delegate did not have the benefit of the applicant's submissions, which may have influenced the outcome. The court found that the opposition raised by Lockwood was not made out and set aside the decision of the delegate. The court ordered that the appeal be upheld, the decision of the delegate be set aside, and that the respondent pay the applicant's costs.