Parke Davis Pty Ltd v. Sanofi & Anor [1981] FCA 216

CATCHWORDS Patents - Practice and Procedure - Application for leave to appeal - Applicant not party to decision below - Decision

below directing regrant of patent after expiration of patent - Whether applicant had standing to appeal - Whether important

question of law justifying leave to appeal.

Patents Act 1952, s.90(1)

Federal Court Rules, Order 52 r.15(2)

PARKE DAVIS PTY. LIMITED v. SANOFI, a French Corporation and THE COMMISSIONER OF PATENTS

N.S.W. NO. G108 OF 1981

Bowen C.J., Deane and Ellicott JJ.

2 December 1981

Sydney.

IN THE FEDERAL COURT OF AUSTRALIA)

)

NEW SOUTH WALES DISTRICT REGISTRY) No. G108 of 1981

GENERAL DIVISION

JUDGES MAKING ORDER:

DATE OF ORDER:

WHERE MADE:

THE COURT ORDERS THAT:

) )

IN THE MATTER of the Patents Act, 1952 (as amended) Section 90 and IN THE MATTER of a Petition of

SANOFI for Extension of the Term

of Australian Letters Patent No. 272333

ON APPEAL from the Supreme Court of Victoria

BETWEEN: PARKE DAVIS PTY. LIMITED

Applicant

AND:

SANOFI, a French Corporation and THE COMMISSIONER OF PATENTS

RDER

Bowen C.J., Deane and Ellicott Jd.

2 December 1981

Sydney

1. Leave to file and serve within 14 days a notice of appeal

from the orders of Fullagar J. of 24 June 1981 be granted

to Parke Davis Pty. Limited, limited to the grounds:

(a) That an extension of time within which to lodge a petition under s.90 of the Patents Act 1952 cannot, on the proper construction of the section, be granted on an application filed after the patent has expired.

(b) That, upon the proper construction of the section, an order extending the term of a patent or directing a regrant of a patent for a further term cannot be made under s.90 of the Patents Act 1952 unless proceedings for extension of the term of the patent are commenced either by petition or by application for extension of time for filing a petition prior to the expiration of the patent.