Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ICI Chemicals & Polymers Ltd v Lubrizol Corp [1999] FCA 1417 PATENTS – application for order directing amendment – where amendments designed to cure non-compliance with s 40 Patents Act 1990 – whether proposed amendments allowable under s102 Patents Act 1990 – whether amendments claim matter not in substance disclosed in specification as filed – operation of s114 Patents Act 1990 – whether court should, as a matter of discretion, allow amendment – relevance of similar amendments made to patent by patentee in jurisdictions outside Australia – whether unreasonable delay in seeking order for amendment WORDS & PHRASES – "matter not in substance disclosed" Patents Act 1990 (Cth), s105, s102, s114 Patents Act 1952 (Cth), s78, s159A RGC Mineral Sands Pty Ltd v Wimmera Industrial Minerals Pty Ltd (1998) 42 IPR 353, cited Smith Kline & French Laboratories Ltd v Evans Medical Ltd [1989] 1 FSR 561, cited Wimmera Industrial Minerals Pty Ltd v RGC Mineral Sands Ltd (No.3) (1997) AIPC 91-366, cited Raleigh Cycle Co. Ltd v H. Miller & Co. Ltd (1948) 65 RPC 141, cited Van der Lely NV v Bamfords Ltd [1964] RPC 54, cited
ICI CHEMICALS & POLYMERS LTD v THE LUBRIZOL CORP INC NG190 OF 1997 EMMETT J 15 OCTOBER 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 190 OF 1997
BETWEEN: ICI CHEMICALS & POLYMERS LIMITED
Applicant
AND: THE LUBRIZOL CORPORATION INC
Respondent
JUDGE: EMMETT J
DATE OF ORDER: 15 OCTOBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The parties bring in short minutes of order directing amendment of Patent 638710 in the manner set out in the Notice of Intention to Amend filed on 7 June 1999.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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