Peter John Ward v Embrey Attachments and The Stanley Works [2008] APO 17 (12 June 2008) related to a Section 223 extension of time within which to comply with section 45(3). Although the need to file search results was abolished in October 2007, this decision is a reminder that the requirement still exists for those cases (albeit a small number) where the search results were completed before 22 April 2007, and examination was requested before 22 April 2007 and the application was advertised as accepted before 22 July 2007. If the former search result requirement is not complied with, then it will affect a patenteeâs ability to amend by reason of section 102(2C).
In this case there was a third party request for re-examination under section 97(2) in respect of prior art raised in EP and US. This art was material that should have been brought to the attention of the Patent Office by the Patentee. The Australian re-examination report found that claims 1-5 and 7 were not novel and claims 6, 8-11 lacked an inventive step based on a number of these documents.
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