Polwood Pty Ltd v Foxworth Pty Ltd

Polwood Pty Ltd and Foxworth Pty Ltd are in dispute over the patent rights for a method and apparatus for producing plant growth media using waste materials of vegetable origin. The primary judge had concluded that neither party was entitled to the grant of the patent as the sole inventor but that they were joint inventors. Polwood challenges this finding. The court had to determine the respective contributions of Polwood and Foxworth to the invention and decide whether either party was entitled to be recognised as the sole inventor of the patent. The court considered that the invention was the result of a collaborative effort, and the contributions of both parties to the invention were necessary for its final form. The court held that if Polwood and Foxworth were entitled to be recognised as joint inventors, Polwood was not entitled to registration of the patent in its sole name. The court found that the contributions of both Polwood and Foxworth to the invention were significant and that they were joint inventors. The court held that neither party was entitled to the grant of the patent as the sole inventor. The court ordered that Polwood and Foxworth were to file written submissions in relation to any orders to be made in disposition of the appeal and cross appeal, as well as the costs of the appeal and cross appeal. The costs of the appeal and cross appeal were reserved.