7 Oct 2011
INTERPHARMA (NZ) LIMITED V COMMISSIONER OF PATENTS HC AK CIV-2010-485-000506
- Citation
- openlaw-39f7d65f_da1d_46c0_85e2_d1f8c7ce345d.pdf
- Court
- High Court
The amended specification (new claim 2 to include 'perfusion' with <2% ethanol) enlarged the scope beyond the original disclosure (which, viewed by a skilled addressee, was directed to stock solutions), so the Commissioner lacked jurisdiction under s 40(1); the Commissioner also erred in exercising his discretion without being provided full particulars of the reasons/prior art as required by s 38(2); s 40(2) does not preclude judicial review of such jurisdictional error; accordingly the decision allowing the amendments was quashed.