Stack, George & Anor v The State of Queensland & Anor [1996] FCA 739

Stack, George & Anor v The State of Queensland & Anor [1996] FCA 739

The Commissioner is not entitled, in deciding whether to register an assignment of a patent under Regulation 19.1(2), to have regard to whether the patent was originally granted to an eligible person or to decisions regarding entitlement made about a different patent; only proof of the assignee's entitlement to the assigned interest is required at this stage.

Jurisdiction
Australia
Judgment Date
23 August 1996
Procedural Posture
Application for Judicial Review / Determination of Preliminary Questions
Outcome
Questions answered in favour of the applicants
Legal Topics
['patents' 'registration of Assignment' "commissioner's Powers" 'interpretation of Patents Act and Regulations']
['intellectual Property' 'administrative Law'] ['patents' 'registration of Assignment' "commissioner's Powers" 'interpretation of Patents Act and Regulations']

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Procedural Posture

Application for Judicial Review / Determination of Preliminary Questions

Legal Issues

  1. 1 ["Whether the Commissioner was entitled to consider patentee's entitlement when deciding to register an assignment" 'Whether decisions made in relation to a different petty patent could be taken into account in recording assignment' "Nature of Commissioner's discretion under Regulation 19.1(2)"]

Ratio Decidendi

The Commissioner is not entitled, in deciding whether to register an assignment of a patent under Regulation 19.1(2), to have regard to whether the patent was originally granted to an eligible person or to decisions regarding entitlement made about a different patent; only proof of the assignee's entitlement to the assigned interest is required at this stage.

Court Disposition

Questions answered in favour of the applicants

Orders

  • ['The Commissioner was not entitled to have regard to the question whether petty patent no 662284 was granted to an eligible person in deciding whether to record the assignment referred to in the Deed of Assignment dated 24 August 1995.' 'The Commissioner was not entitled to have regard to the decisions made in...