Federal Court

Nufarm Australia Ltd v Advanta Seeds Pty Ltd [2023] FCA 109

The Federal Court affirmed a previous decision of the Administrative Appeals Tribunal which had allowed an extension of time to pay a renewal fee for a standard patent. The Court noted that it is not a pre-condition to the grant of an extension of time for the applicant to have had an established system; extensions may be possible even where the applicant had set up no system for policing and responding to deadlines. See [76680] and [PA 223.760].

Calix Ltd v Grenof Pty Ltd [2023] FCA 378

This case includes observation on the support requirement in s 40(3) of the Act. Nicholas J observed that it can fail to be met in two ways: if the claims are too broad, and also if the claimed invention is materially different to what is described in the body of the specification. See [22280], [41300] and [PA 40.870], [PA 40.620] as well as [PA 121A.40].

Australian Patent Office

Re Diogenes Ltd [2023] APO 5  

The case includes an observation that an innovation patent may be examined, even after it has expired. See [1750] and [PA 101A.40].

Uon Pty Ltd v Berkshire Renewable Energy Pty Ltd [2023] APO 15

This decision contains observations about orders for the production of documents in connection with an allegation of prior use. The order will only be made if there is a reasonable inference that the prior use, if it occurred, would have constituted a disclosure of the invention or a relevant secret use. See [67800] and [PA 210.260].

CQMS Pty Ltd v ESCO Group LLC [2023] APO 16

This decision concerned the admissibility of evidence in reply in oppositions. The Commissioner’s delegate stated that although evidence in reply will usually be in rebuttal of evidence in answer, it need not be. However, the case confirms that evidence in reply cannot remedy deficiencies in an opponent’s evidence in support of an opposition, nor can it introduce evidence that should have been included in that evidence. See [66820] and [PA 59.630].

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