Michael John Arieni v Sun-Wizard Holding Pty Ltd

Michael John Arieni contested the surrender of an innovation patent held by Sun-Wizard Holding Pty Ltd, asserting that he was the true inventor and entitled to the patent. Arieni further requested a declaration under section 191A of the relevant Act. The Commissioner of Patents, acting as the decision-maker, had to determine whether Sun-Wizard was entitled to the patent, whether the patent should be surrendered, and whether a declaration under section 191A should be made. The court examined the evidence presented by both parties, including declarations and exhibits, and considered whether the late submission by Sun-Wizard, Ian Fry’s second declaration, should be admitted into the proceedings.

The court found that either Michael John Arieni or Key Logic was the rightful inventor and thus the eligible person for the innovation patent. Despite the uncertainty over whether Arieni or Key Logic should be recorded as the patentee, the court decided against revoking the patent to avoid adversely affecting the rights of the rightful inventor. Consequently, the court refused to accept the offer to surrender the patent or to revoke it. The court also refused to make a declaration under section 191A due to the ambiguity over the patent holder's identity. Arieni was granted a month to provide further information on this point. The court awarded costs to Arieni against Sun-Wizard Holding Pty Ltd in relation to both the opposition to surrender and the section 191A matter.