Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Miles v Commissioner of Patents [2014] FCAFC 109 Citation: Miles v Commissioner of Patents [2014] FCAFC 109
Appeal from: Miles v Commissioner of Patents [2013] FCA 1017
Parties: SHANE ROBERT MILES v COMMISSIONER OF PATENTS
File number: VID 1123 of 2013
Judges: BENNETT, GREENWOOD AND MIDDLETON JJ
Date of judgment: 26 August 2014
Catchwords: ADMINISTRATIVE LAW – application for judicial review under s 39B of the Judiciary Act 1903 (Cth) – review of Commissioner's decision not to consider whether to issue a direction under s 107 of the Patents Act 1990 (Cth) PATENTS – lapsing of applications – operation of s 192(2)(d) of the Patents Act 1990 (Cth) and reg 13.3(1) and reg 13.3(1A) of the Patents Regulations 1991 (Cth) PATENTS – review of Commissioner's decision to refuse the Applicant's patent application – operation of s 49(2) of the Patents Act 1990 (Cth)
Legislation: Patents Act 1990
Cases cited: Esso Australia Resources Ltd v Federal Commissioner of Taxation (1998) 83 FCR 511 Miles v Commissioner of Patents [2013] FCA 1017 Re Refugee Review Tribunal & Anor; Ex Parte Aala (2000) 204 CLR 82
Date of hearing: 27 and 28 May 2014
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 65
Counsel for the Appellant: Mr P Franklin SC with Mr C Fairfield
Solicitor for the Appellant: blueFox Legal
Counsel for the Respondent: Mr P Gray QC with Mr P Cadman
Solicitor for the Respondent: Australian Government Solicitor
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