13 February 2014

Public and Private Interests in Extensions

Here's an interesting little matter - Innovia Security Pty Ltd v JDS Uniphase Corporation [2014] APO 5

In this hearing, the Commissioner's Delegate decided that it was against the public interest to grant an extension where "it had been almost a year since the initiation of settlement negotiations, and that it appeared there had been a decision not to bother collecting evidence because of the settlement negotiations." The Delegate further supported this on the basis that the evidence did not suggest that there was a "serious opposition".

On the other hand, both parties were in favour of the extension. The balance of the considerations lay against allowing the extension of time. A short period of one week was allowed for filing any evidence readily available.

11 February 2014

Evidence for Inventive Step

Case: Cronk v Commissioner of Patents [2014] FCA 37

10 February 2014

"A locating mechanism for a pair of reflector sheets from which the reflector of a doubly arched luminaire is assembled, said mechanism comprising at least one mushroom-shaped stud on one of said sheets and a corresponding keyhole shaped aperture on the other of said sheets, said stud comprising a stalk and a cap and said aperture comprising a main opening and a smaller extension wherein each said stud and aperture are dimensioned so that said cap can pass through said main opening but not said extension and said stalk can be retained in said extension with a friction fit."


  1. Problem solution approach appears to be discussed?
  2. Attributes of nominal "person skilled in the art"
  3. Good short review of "inventive step" and meaning of "obvious" - List of cases
  4. "Common general knowledge"
  5. An example of a good expert witness