ARC Engineering Company Pty Ltd v Rendan Holdings Limited [1943] HCA 28

ARC Engineering Company Pty Ltd v Rendan Holdings Limited [1943] HCA 28

Section 121(2) of the Patents Act 1903-1935 precludes reliance on publication or use in Australia, occurring between the date of the foreign application and the Australian application, as grounds of opposition to a patent application made pursuant to s.121.

Parties
Opponent: A.R.C. Engineering Company Proprietary Limited; Applicant/respondent: Rendan Holdings Limited
Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From the Commissioner of Patents to the High Court
Outcome
appeal dismissed
Legal Topics
Convention Application, Opposition, Novelty, Prior Publication, Extension of Time
Intellectual Property Patents Convention Application Opposition Novelty Prior Publication Extension of Time

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Parties

A.R.C. Engineering Company Proprietary Limited

Opponent

Rendan Holdings Limited

Applicant/respondent

Procedural Posture

Appeal / Appeal From the Commissioner of Patents to the High Court

Legal Issues

  1. 1 Whether, in a convention patent application, opposition can be based on a publication or use in Australia occurring after the date of the foreign application but before the Australian application.

Ratio Decidendi

Section 121(2) of the Patents Act 1903-1935 precludes reliance on publication or use in Australia, occurring between the date of the foreign application and the Australian application, as grounds of opposition to a patent application made pursuant to s.121.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs