METHOD AND APPARATUS FOR INDICATING CONDITIONS

Hunter Valley Signs Pty. Limited  v Bartco Traffic Equipment Pty Ltd [2021] APO 28

Matters before the Patent Office are judged on the basis of a balance of probabilities. Apple Inc. [2021] APO 18 illustrates that matters an alleged prior public use will be scrutinized with care.

In the words of the Hearing Officer: ‘Although it is plausible that the sign was installed at some time between January 2010 and the priority date of 15 November 2011, it is equally plausible that the sign was installed at some time after the priority date of 15 November 2011 … Consequently, I do not accept that the Glenbrook “2009” sign was installed before the priority date.’

(Numbering issues and indentation issues still to be fixed below)