RHONE-POULENC Rorer Australia P/L v MICHAEL J. CROOKS

official notice

decision of a delegate of the commissioner of patents

Application : No. 566215 in the name of RHONE-POULENC RORER AUSTRALIA PTY LTD.

Title: Clear Micellized Solution of Fat Soluble Essential Nutrients.

Action: S.59 opposition by MICHAEL J. CROOKS; Final decision following amendment action.

Decision: Issued ;Application and complete specification as amended to proceed to sealing.

patents act 1990

decision of a delegate of the commissioner of patents

Re:Patent Application No. 566215 by RHONE-POULENC RORER AUSTRALIA PTY LTD and an Opposition under s.59 of the Patents Act 1952 by MICHAEL J. CROOKS

background

In a decision dated 24 October 1989 the delegate of the commissioner found the specification of application no. 566215 did not comply with section 40. The applicant was allowed an opportunity to propose amendments in order to overcome these defects. The applicant filed a request to amend the specification within the time allowed. After examination the request was advertised allowed in the Official Journal dated 5 March 1992. The opponent did not advise that it wished to be heard before a final decision was issued.

At the date of the decision the applicants of application no. 566215 were BIOGLAN LABORATORIES (AUSTRALIA ) PTY LTD and BIOGLAN INC. The application was allowed to proceed in the name of RHONE-POULENC AUSTRALIA PTY LTD after the commissioner allowed a request for direction under s.34(4) of the Patents Act 1952. This applicant subsequently changed its name to that given above.

I am satisfied that the amendment removes the ground for the earlier finding. In my opinion there is no lawful ground of objection to the application and complete specification. Therefore I direct application no. 566215 proceed to sealing.

D Herald
Assistant Commissioner of Patents

Patent attorneys for the applicant : G.R. Cullen & Co

CaseChat Overview and Summary

The case involved a dispute between Rhone-Poulenc Rorer Australia P/L, the applicant for a patent, and Michael J. Crooks, who opposed the patent application. The patent in question was for a "Clear Micellized Solution of Fat Soluble Essential Nutrients." The opposition was brought under section 59 of the Patents Act 1990, challenging the validity of the patent application. The application number was 566215, and the matter was decided by a delegate of the Commissioner of Patents.

The primary legal issue before the court was whether the amended specification of the patent application complied with the requirements of section 40 of the Patents Act 1990. Initially, the delegate had found that the specification did not comply with this section, leading to an opportunity for the applicant to propose amendments. The applicant submitted amendments, which were subsequently examined and allowed. The opponent did not request a hearing before the final decision was issued.

The delegate concluded that the amendments effectively addressed the earlier objections, removing any grounds for the initial finding of non-compliance. Consequently, the delegate found no lawful ground of objection to the amended application and complete specification. The delegate directed that the patent application proceed to sealing, allowing the patent to be formally granted. This decision was made in the absence of any further objection from the opponent.

The final order was that Patent Application No. 566215, as amended, should proceed to sealing. The application was allowed to proceed in the name of Rhone-Poulenc Rorer Australia P/L, following a name change from Bioglan Laboratories (Australia) P/L and Bioglan Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established