Australian Paper Manufacturers Ltd v Cil Inc
[1981] HCA 64(Decision by: Murphy J)
Australian Paper Manufacturers Ltd
vCil Inc
Judges:
Stephen J
Mason J
Murphy JWilson J
Brennan J
Legislative References:
Patents Act 1952 - s 160(2); s 141
Patents Act 1903 - s 121
Case References:
A B Scaniainventor v Commissioner of Patents - (1981) 36 ALR 101
ARC Engineering Co Pty Ltd v Rendan Holdings Ltd - (1943) 68 CLR 221
Judgment date: 1 December 1981
Canberra
Decision by:
Murphy J
The appeal concerns an ambiguity in the Patents Act 1952 (Cth), as amended, which is reflected in the division of opinion between the Supreme Court of Victoria (King J) and the Federal Court of Australia. If applicants under international conventions make application under the Act within 12 months of their basic application in a Convention country, the Act makes the priority date the same as the date of the basic application, which may be a considerable advantage to them.
The Commissioner has certain powers to extend time limits under s 160(2). The question is whether these powers apply to the 12 month rule for Convention applications. If so, the opportunity for monopoly rights as against the public is extended.
It is a reasonable principle of interpretation that where an Act which grants monopoly rights is ambiguous, the ambiguity (whether relating to substance or procedure) should be resolved in favour of the public and against the extension of monopoly.
I agree with Brennan J. The appeal should be allowed and the order of the Supreme Court of Victoria restored.