Patent opposition and the constitution before or after? / Chris Dent
- Bib ID:
- 4228899
- Format:
- Book
- Author:
- Dent, Chris
- Description:
-
- Melbourne : Intellectual Property Research Institute of Australia, 2007
- 29 p. ; 21 cm.
- ISSN:
- 1447-1795
- Series:
- Intellectual Property Research Institute of Australia working paper ; no. 01/07.
- Summary:
-
The opposition procedure in Australian patent law is an effective tool for improving the quality of granted patents. The current, pre-grant, process is, however, open to abuse by opponents who merely wish to delay the grant of a patent. Received wisdom has it that a post-grant procedure would be contrary to the Australian Constitution - that is, for a delegate of the Comissioner of Patents to decide to an opposition post-grant would be an improper exercise of judicial power. The paper details the various tests for judicial power to assess the truth of this wisdom. The conslusion, after a review of the High Court precedents and commentary, is that a post-grant opposition procedure, assuming it is substantially similar to the current pre-grant process, would not offend the Constitution.
- Incomplete contents:
-
- Ch. 1: Introduction
- Ch. 2: Opposition procedure
- Ch. 3: Judicial power considered
- Ch. 4: Judicial power and opposition hearings
- Ch. 5: Conclusion.
- Notes:
-
- Includes bibliographical references.
- Also available as an Adobe Acrobat (.PDF) file from the IPRIA website at: http://www.ipria.org/publications/workingpapers.html.
- Subject:
- Other authors/contributors:
- Intellectual Property Research Institute of Australia
- Copyright:
-
In Copyright
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Copyright status was determined using the following information:
- Material type:
- Literary Dramatic Musical
- Published status:
- Published
- Publication date:
- 2007
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