Deputy Commissioner of Patents v. Board of Control of Michigan Technological University [1979] FCA 131

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CATCHWORDS

Appeal from Administrative Appeals Tribunal following

appeal to the Tribunal from a decision of the Deputy Commissioner of Patents ~ Decision of Deputy Commissioner purporting to refuse to consider applications per s.160(2) and Regulation 7B of Patents Act 1952-69 on the ground that he lacked statutory authority to grant relief claimed. - Jurisdiction of Tribunal to hear appeal against such a decision - Whether the decision was a decision under s.160(2) and Regulation 7B of Patents Act 1952-1969 and/or in the exercise of poweas per s.25(1) of the Administrative

Appeals Tribunal Act 1975 - Legislative intention - Requirement to advertise pursuant to s.160(4) of the Patents

Act 1952-1969.

DEPUTY COMMISSIONER OF PATENTS v. BOARD OF CONTROL OF MICHIGAN TECHNOLOGICAL UNIVERSITY

V.G. No, 22 of 1979 CORAM: Smithers, Franki and Keely JJ.

Melbourne

7 December 1979

at AOR re

AT cine ee ere tne ania aap en eae nba fetes Maatalenen rath. al

IN THE FEDERAL COURT OF AUSTRALIA ) NEW_SOUTH WALES DISTRICT REGISTRY V.G. No. 22 of 1979 GENERAL DIVISION

BETWEEN : DEPUTY COMMISSIONER OF PATENTS

Plaintiff

AND: BOARD OF CONTROL OF MICHIGAN TECHNOLOGICAL

UNIVERSITY Defendant ORDER JUDGES MAKING ORDER: Smithers, Franki and Keely uv. DATE: 7 December 1979 WHERE MADE: Melbourne

THE COURT ORDERS THAT:

The Appeal be dismissed and the plaintiff pay

the defendant's costs of and incidental thereto.

vee

re

Ne en eee en Stee Sinem Say

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY V.G. No. 22 of 1979

GENERAL DIVISION

BETWEEN: DEPUTY COMMISSIONER OF PATENTS

Plaintiff

i