Garford Pty Ltd v Dywidag-Systems International Pty Ltd [2014] FCA 1039

Garford Pty Ltd v Dywidag-Systems International Pty Ltd [2014] FCA 1039

The amendments proposed are for the purpose of correcting clerical errors or obvious mistakes and thus fall within the exception under s 102(3) of the Patents Act 1990 (Cth); accordingly, the Court may direct the amendments under s 105(1A).

Jurisdiction
Australia
Judgment Date
18 September 2014
Procedural Posture
Appeal From Commissioner of Patents' Opposition Decision / Interlocutory Application to Amend Specification in Appeal
Outcome
Amendments to specified claims and pages of the patent specification allowed under s 105(1A) of the Patents Act 1990 (Cth)
Legal Topics
['amendment of Patent Specification' 'clerical Error Correction' 'obvious Mistake Correction' 'patent Opposition Proceedings']
['intellectual Property' 'patents'] ['amendment of Patent Specification' 'clerical Error Correction' 'obvious Mistake Correction' 'patent Opposition Proceedings']

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Procedural Posture

Appeal From Commissioner of Patents' Opposition Decision / Interlocutory Application to Amend Specification in Appeal

Legal Issues

  1. 1 ['Whether amendments to the patent specification to correct clerical errors or obvious mistakes are allowable under s 105(1A) and s 102(3) of the Patents Act 1990 (Cth) during an appeal']

Ratio Decidendi

The amendments proposed are for the purpose of correcting clerical errors or obvious mistakes and thus fall within the exception under s 102(3) of the Patents Act 1990 (Cth); accordingly, the Court may direct the amendments under s 105(1A).

Court Disposition

Amendments to specified claims and pages of the patent specification allowed under s 105(1A) of the Patents Act 1990 (Cth)

Orders

  • ['Pages 3 and 7 of the specification, and claims 6, 9, 11 to 14, 16 and 23 of the Dywidag Application be amended in accordance with Exhibit A.' 'Dispensation with advertising the present amendments under rule 34.41.' 'Provision for advertisement of other proposed amendments under r 34.41, and process if any...