Stack, George & Anor v The State of Queensland & Anor [1996] FCA 739

CATCHWORDS PATENTS - application for exploitation of invention - Commissioner's failure to register an assignment - "proof to the reasonable satisfaction of the Commissioner" - what Commissioner can consider when deciding whether to record an assignment of a Patent - what is the Register to provide Patents Act 1990 ss 165, 187, 13, 14(1), 28(1), 69, 28, 28(3), 138(3), 138(1), 139(2), 34, 137, 35, 192, 192(2)(a), 191, 20, 13, 196 and 195(1) Patents Regulations Regs 19.1(2), 19.1(1)(a) and (b), 6.6(1) Trade Practices Act 1974 s 80(1) Australian Federation of Consumer Organisations Inc v Tobacco Institute of Australia Ltd (1988) 81 ALR 701 Cons Martin and The Miles Martin Pen Co Ltd v Scrib Ltd (1950) 67 RPC 127 Foll George Stack and GS Technology Pty Ltd v The State of Queensland and The Commissioner of Patents No QG 21 of 1996 Kiefel J Brisbane 23 August 1996

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No QG 21 of 1996 BETWEEN: GEORGE STACK First Applicant AND: G S TECHNOLOGY PTY LTD Second Applicant AND: THE STATE OF QUEENSLAND First Respondent AND: THE COMMISSIONER OF PATENTS Second Respondent JUDGE MAKING ORDER: Kiefel J DATE OF ORDER: 23 August 1996 WHERE MADE: Brisbane MINUTES OF ORDERS THE COURT ORDERS THAT: The questions ordered to be separately determined in the proceedings be answered: 1. The Commissioner was not entitled to have regard to the question whether petty patent no 662284 was granted to an eligible person in deciding whether to record the assignment referred to in the Deed of Assignment dated 24 August 1995; 2. The Commissioner was not entitled to have regard to the decisions made in relation to petty patent no 645740 in deciding whether to record the assignment. 3. Not appropriate for answer. Note: Settlement and Entry of Orders is dealt with in Order 36 of the Federal Court Rules.