Whitco Pty Ltd v Austral Lock Industries Pty Ltd Summary

official notice

decision of a delegate of the commissioner of patents

Application : No. 604092 in the name of WHITCO PTY LTD

Title: Lock

Action: Opposition by AUSTRAL LOCK INDUSTRIES PTY LTD under Sec 59. Decision following amendment of the specification.

Decision: Issued .
Abstract: Amendments found to have overcome all grounds of objection. Application directed to sealing.

patents act 1990

decision of a delegate of the commissioner of patents

Re:Patent Application No. 604092 by WHITCO PTY LTD and opposition by AUSTRAL LOCK INDUSTRIES PTY LTD under Section 59 of the Patents Act 1952.

background

In my decision in this matter dated 23 December 1993 I found that the opposition was successful on the ground that the specification of application 604092 did not comply with sec 40 of the 1952 Act. However I gave the applicant an opportunity to propose amendments in order to overcome this deficiency.

The applicant filed a request to amend the specification within the time given. The request was advertised on 26 May 1994, and the amendments subsequently allowed. In accordance with office practice, the opponent was invited to be heard in relation to the amended specification, but did not respond to the invitation. I am consequently now in a position to finalise the opposition.

decision

I am satisfied that the amendments remove the ground of opposition which I found to apply in my earlier decision. In my opinion there is no lawful ground of objection to the application and specification as amended. I therefore direct that application 604092 proceed to sealing.

O.L.Haggar
Delegate of the Commissioner of Patents

Patent attorneys for the applicant : Cullen & Co,
Brisbane

Patent attorneys for the opponent : Griffith Hack & Co,
Melbourne

CaseChat Overview and Summary

Whitco Pty Ltd sought a patent for a lock, but Austral Lock Industries Pty Ltd opposed the application under Section 59 of the Patents Act 1990. The opposition was initially successful on the basis that the specification did not comply with Section 40 of the 1952 Act. Whitco was given the opportunity to propose amendments, which they did, and the amendments were subsequently allowed. Austral Lock did not respond to an invitation to be heard on the amended specification, leading to the finalisation of the opposition.

The delegate of the Commissioner of Patents was required to determine whether the amended specification overcame the objections raised during the initial opposition. The delegate examined the amended specification and found that the amendments addressed the grounds of opposition identified in the earlier decision. The delegate concluded that there were no lawful grounds for objection to the amended application and specification, paving the way for the patent to proceed to sealing.

The delegate found that the amendments to the specification were sufficient to overcome the objections raised during the initial opposition. The delegate's decision was based on the premise that the amendments addressed the deficiencies in the original specification and brought it into compliance with the relevant provisions of the Patents Act. The delegate concluded that the amended specification met the requirements of the Act and that there were no lawful grounds for objection. As a result, the delegate directed that the patent application proceed to sealing.

The delegate of the Commissioner of Patents directed that the patent application proceed to sealing, effectively allowing Whitco Pty Ltd to obtain the patent for their lock design. This decision concluded the opposition process and allowed Whitco to move forward with the patenting of their invention.

Whitco Pty Ltd v Austral Lock Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established