Board of Control of Michigan Technological University v. Deputy Commissioner of Patents [1981] FCA 42

48 .

CATCHWORDS

Patents - Patent application - Lapse - Applications for extension of time and for restoration ~- Extension granted -

Restoration refused on grounds of "Undue delay".

Appeal against decision of Tribunal - Exercise of original

jurisdiction - Question of law.

Patents Act 1952, s.160(2), reg. 7B

Administrative Appeals Tribunal Act 1975, s.44.

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

VG 159 of 1980

Coram: Bowen C.J., Franki and Deane JJ.

16 April 1981

Sydney.

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIAN DISTRICT REGISTRY ) No. VG 159 of 190 ) )

GENERAL DIVISION

ON APPEAL FROM THE ADMINISTRATIVE APPEALS

TRIBUNAL BETWEEN: BOARD OF CONTROL OF MICHIGAN TECHNOLOGICAL UNIVERSITY Appellant . AND: DEPUTY COMMISSIONER OF PATENTS Respondent ORDER JUDGES MAKING ORDER: Bowen C.J., Frank1i and Deane JJ. DATE OF ORDER: 16 April, 1981 WHERE MADE: Sydney THE COURT ORDERS THAT: i. THE appeal be dismissed. 2. THE appellant pay to the respondent his

costs of the appeal.

IN THE FFDFRAL COURT OF AUSTRALIA

) ) VICTORIAN PISTRICT RFGISTRY ) NO. VG 159 of 1980 ) )

GENFRAL DIVISION

ON APPEAL FROM THRE ADMINISTRATIVE APPFALS TRIBUNAL

BETVFFN: ROARD OF CONTROL OF MICFIGAN TRCMNOLOGICAI: UNIVERSITY

Appellant

AND: DEPUTY COMMISSTONER OF PATENTS

Respondent CORAM: Bowen C.J., Franki and Deane JJ. 16 April 1981. REASONS FOR JUDGMFNT BOWFN C.J. and DEANF J: On 14 April, 1975, the Poard of

Control of Michigan Technological University ("the Roard") applied to the Commissioner of Patents for a patent for an invention entitled "Method of Agglomerating Steel Plant Waste

Dust". The application was accompanied by a complete Pp

specification. On 8 May, 1975, the Commissioner gave a direction reouiring the re-typing of certain pages of the specification. Thais direction was not complied with. The consequence of non-compliance was that the application for a