ARC Engineering Company Pty Ltd v Rendan Holdings Limited [1943] HCA 28

68 C.L.R.] OF AUSTRALIA. 221

[HIGH COURT OF AUSTRALIA.]

ARC. ENGINEERING COMPANY PRO-\ , PRIETARY LIMITED eh a eimai

OPPONENT, AND RENDAN HOLDINGS LIMITED 5 : . RESPONDENT. APPLICANT,

Patent—' Convention" application—Opposition—Want of novelty—Prior publica- H.C, ov A. tion—British specification for same invention published in Australia before 1943, Australian application—Patents Act 1903-1935 (No. 21 of 1903—No. 16 of | \~ 1935), 88. 56 (e), (f), sna 2 Trade Marks, Designs and Copyright (War Muvzourxe, Powers) Act 1939 (No. 66 of 1939), s. 9. Oct.

On an application under s. 121 of the Patents Act 1903-1935 for the grant Fata, J arke,

of a patent for an invention in respect of which an application has already MeTisinas' and been made in another country to which sub-s. 1 of the section applies, sub-s. 2 Vliams JJ. precludes an opponent from relying on publication or use in Australia between

the date of the application in the other country and the date of the application

in Australia.

APPEAL.

On 18th March 1941 Rendan Holdings Ltd. lodged at the Patents Office an application for a patent for an invention under s. 121 of the Patents Act 1903-1935. The applicant had applied in England on 18th January 1939 for a patent for the same invention, and the British specification was published in Australia on 7th November 1940. The Australian application was opposed by A.R.C. Engineering Co. Pty. Ltd. on the grounds of want of novelty and prior publication, the notice of opposition stating that these grounds were based solely on the publication in Australia (after the date of the British applica- tion and before the date of the Australian application) of the appli- cant's British specification. The period of twelve months limited by s. 121 (1) of the Patents Act had expired before the Australian application, but the time was extended by the Commissioner under