Genetics Institute Inc v Kirin-Amgen Inc [1996] FCA 540

Genetics Institute Inc v Kirin-Amgen Inc [1996] FCA 540

The Federal Court on appeal from the Commissioner of Patents has the power under s 160 of the Patents Act 1990 (Cth) to direct that a patent application proceed to grant subject to amendments it considers appropriate.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 July 1996
Procedural Posture
Patent Appeal / Separate Question Prior to Trial
Outcome
Declared that the Court has the power to direct that the patent application proceed to grant, together with any amendment.
Legal Topics
['patent Application' 'appeal' 'powers of the Federal Court' 'amendment of Claims']
['intellectual Property'] ['patent Application' 'appeal' 'powers of the Federal Court' 'amendment of Claims']

Source-derived case record

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Procedural Posture

Patent Appeal / Separate Question Prior to Trial

Legal Issues

  1. 1 ['Whether the Court has power to direct that a patent application proceed to grant subject to amendments directed by the Court']

Ratio Decidendi

The Federal Court on appeal from the Commissioner of Patents has the power under s 160 of the Patents Act 1990 (Cth) to direct that a patent application proceed to grant subject to amendments it considers appropriate.

Court Disposition

Declared that the Court has the power to direct that the patent application proceed to grant, together with any amendment.

Orders

  • ['The question is answered: Yes.' "The applicant pays the respondent's costs of the hearing on 21 June 1996; other costs of the notice of motion dated 31 May 1996 are reserved."]