Lufft v Weiss [1946] HCA 40

Lufft v Weiss [1946] HCA 40

The opponents, as agents acting on commission for a foreign manufacturer, did not possess a real, definite, or substantial interest likely to be prejudiced by the grant of the patent; therefore, they were not entitled to be heard in opposition under s. 59 of the Patents Act 1903-1935, and the appeal was incompetent.

Parties
Appellant: Stanley Ernst Lufft; Appellant: Stanley Ernst Lufft and the Permanent Trustee Co. of New South Wales Ltd., as executors of the will of Ernst Alfred Paul Lufft; Respondent: Adolf Weiss; Intervenor: Commissioner of Patents
Jurisdiction
Australia
Procedural Posture
Appeal / High Court Appeal From Commissioner of Patents Decision on Opposition to Grant
Outcome
Appeal dismissed
Legal Topics
Patents, Locus Standi, Opposition to Patent Grant
Intellectual Property Patents Locus Standi Opposition to Patent Grant

Case Brief

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Parties

Stanley Ernst Lufft

Appellant

Stanley Ernst Lufft and the Permanent Trustee Co. of New South Wales Ltd., as executors of the will of Ernst Alfred Paul Lufft

Appellant

Adolf Weiss

Respondent

Commissioner of Patents

Intervenor

Procedural Posture

Appeal / High Court Appeal From Commissioner of Patents Decision on Opposition to Grant

Legal Issues

  1. 1 Whether agents for a foreign manufacturing company have sufficient interest to be entitled to be heard in opposition to the grant of a patent under s. 59 of the Patents Act 1903-1935

Ratio Decidendi

The opponents, as agents acting on commission for a foreign manufacturer, did not possess a real, definite, or substantial interest likely to be prejudiced by the grant of the patent; therefore, they were not entitled to be heard in opposition under s. 59 of the Patents Act 1903-1935, and the appeal was incompetent.

Court Disposition

Appeal dismissed

Orders

  • Costs to be paid to the applicant