Polwood Pty Ltd v Foxworth Pty Ltd (No 3) [2008] FCAFC 198

Polwood Pty Ltd v Foxworth Pty Ltd (No 3) [2008] FCAFC 198

On the evidence, Polwood Aussie Bark Pty Ltd on the one hand, and Peachester Thoroughbreds Pty Ltd and Paul David Power on the other, are the sole eligible persons under the Patents Act 1990 (Cth) and are entitled to registration as co-owners in equal shares of the specified patent applications.

Jurisdiction
Australia
Judgment Date
24 December 2008
Procedural Posture
Appeal / Full Federal Court Judgment on Appeal From a Single Judge
Outcome
Declaration made as to eligibility and entitlement to co-ownership of patent applications.
Legal Topics
['patents' 'co Ownership of Patents' 'eligible Persons for Patent Registration']
['intellectual Property'] ['patents' 'co Ownership of Patents' 'eligible Persons for Patent Registration']

Case Brief

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Procedural Posture

Appeal / Full Federal Court Judgment on Appeal From a Single Judge

Legal Issues

  1. 1 ['Who are the eligible persons entitled to registration as co-owners of the patent applications under s 15 of the Patents Act 1990 (Cth)?']

Ratio Decidendi

On the evidence, Polwood Aussie Bark Pty Ltd on the one hand, and Peachester Thoroughbreds Pty Ltd and Paul David Power on the other, are the sole eligible persons under the Patents Act 1990 (Cth) and are entitled to registration as co-owners in equal shares of the specified patent applications.

Court Disposition

Declaration made as to eligibility and entitlement to co-ownership of patent applications.

Orders

  • ['Polwood Aussie Bark Pty Ltd on the one hand, and Peachester Thoroughbreds Pty Ltd and Paul David Power on the other, are the sole eligible persons within the meaning of the Patents Act 1990 (Cth) and are entitled to registration as co-owners in equal shares of Patent Application No 2002950316 dated 22 July 2002...