Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
New England Biolabs Inc v Commissioner of Patents [2001] FCA 787 ADMINISTRATIVE LAW – patent application – claims in relation to a purified thermostable DNA polymerase – appeal from decision of a delegate of the Commissioner of Patents – application pursuant to s 104 Patent Act 1990 – where legislative scheme leaves process of allowing amendments to Regulations – where distinction is drawn between grant of leave to amend and allowance of amendment – where patent applicant sought leave to amend patent application – where opponent alleged inequitable conduct on part of patent applicant – whether amendments allowable under legislative scheme – whether Commissioner of Patents has discretion to refuse to grant leave to amend – whether all steps of amendment process were satisfied – whether failure to satisfy all steps is fatal to amendment application
Administrative Decisions (Judicial Review) Act 1977 s 3 Judiciary Act 1903 s 39B Patents Act 1990 (Cth) Chapter 10 Patents Regulations 1991 Chapter 10 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 NEW ENGLAND BIOLABS INC v COMMISSIONER OF PATENTS & ANOR V910 of 2000 EMMETT J 27 JUNE 2001 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY V910 OF 2000
BETWEEN: NEW ENGLAND BIOLABS, INC
APPLICANT
AND: COMMISSIONER OF PATENTS
FIRST RESPONDENT
F. HOFFMANN-LA ROCHE AG
SECOND RESPONDENT
JUDGE: EMMETT J
DATE OF ORDER: 27 JUNE 2001
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The proceeding be listed on 27 July 2001 for the purpose of making orders. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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