Joy MM Delaware Inc v Hydramatic Engineering Pty Ltd [2005] FCA 341

Joy MM Delaware Inc v Hydramatic Engineering Pty Ltd [2005] FCA 341

The Court was satisfied that the formal requirements of s 105 had been complied with and that each proposed amendment was not 'not allowable' under s 102 of the Patents Act 1990 (Cth); there was no opposition and no need to direct the Commissioner to appear, so the amendment order was made.

Jurisdiction
Australia
Judgment Date
24 February 2005
Procedural Posture
Application for an Order Directing Amendment to Australian Letters Patent No.727935 Pursuant to S 105 of the Patents Act 1990 (cth) / Notice of Motion
Outcome
Application granted; Australian Letters Patent No.727935 ordered to be amended, with costs orders made against the applicant in favour of the respondent for costs occasioned by the amendments and limited motion costs.
Legal Topics
['amendment of Patent Specification' 'allowability of Amendments Under S 102 of the Patents Act 1990 (cth)' 'application Under S 105 of the Patents Act 1990 (cth)']
['intellectual Property' 'patents'] ['amendment of Patent Specification' 'allowability of Amendments Under S 102 of the Patents Act 1990 (cth)' 'application Under S 105 of the Patents Act 1990 (cth)']

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Procedural Posture

Application for an Order Directing Amendment to Australian Letters Patent No.727935 Pursuant to S 105 of the Patents Act 1990 (cth) / Notice of Motion

Legal Issues

  1. 1 ['Whether Australian Letters Patent No.727935 should be amended pursuant to s 105 of the Patents Act 1990 (Cth).' 'Whether the proposed amendments were not allowable under s 102 of the Patents Act 1990 (Cth).']

Ratio Decidendi

The Court was satisfied that the formal requirements of s 105 had been complied with and that each proposed amendment was not 'not allowable' under s 102 of the Patents Act 1990 (Cth); there was no opposition and no need to direct the Commissioner to appear, so the amendment order was made.

Court Disposition

Application granted; Australian Letters Patent No.727935 ordered to be amended, with costs orders made against the applicant in favour of the respondent for costs occasioned by the amendments and limited motion costs.

Orders

  • ['Australian Letters Patent No.727935 be amended by deleting pages 2 to 18 and inserting new pages 2 to 18 in the form of Annexure "A" with amendments as marked up in Annexure "B".' 'The costs of and incidental to this motion are not costs in the proceedings.' 'The applicant is to pay the costs occasioned to the...