Micronair (Aerial) Limited v Waikerie Cooperative Producers Ltd

In the case of Micronair (Aerial) Limited v Waikerie Cooperative Producers Ltd, the court was called upon to adjudicate on an application for an extension of time to serve evidence in support of an opposition to a patent application. Micronair (Aerial) Limited had filed a patent application, which Waikerie Cooperative Producers Ltd opposed. Waikerie initially applied for and was granted an extension of time to serve its Evidence-in-Support, but subsequently sought a further extension. Micronair objected to the additional extension, leading to a hearing before a Supervising Examiner of Patents.

The central legal issue before the court was whether the Supervising Examiner should grant Waikerie's application for an additional extension of time to serve Evidence-in-Support. The court had to weigh various factors, including the public interest in ensuring worthless patents are not granted, the applicant's interest in having sufficient time to prepare a defence, and the opponent's interest in expeditiously preventing the grant of a patent that would curtail their activities. Additionally, the court had to consider the onus of proof on Waikerie to establish a proper case justifying the extension.

The court found that while Micronair's objections to the extension had some merit, the overriding public interest in ensuring that all relevant evidence is considered before a patent is granted outweighed these concerns. The court also noted that Waikerie had consistently referenced potential prior use in the Riverland area of South Australia, indicating a serious opposition. Consequently, the court granted a partial extension of time for Waikerie to submit its evidence, ruling that the extension was justified to allow Waikerie to locate the evidence of prior use they believed to exist. The court also awarded costs in favour of Micronair due to the grounds for granting the extension differing from those relied upon in Waikerie's application.