PATENTS - Consideration of application seeking amendment of complete specification pursuant to s 105(1) of the Patents Act 1990 (Cth) - whether grounds support the exercise of discretion in favour of allowing amendment - where patentee has made full disclosure of all relevant matters bearing on the discretion - where no unreasonable delay by patentee - where no evidence that party in opposition to amendment will suffer any prejudice if amendment is allowed - whether public policy grounds weigh against exercise of discretion in favour of amendment - whether obligation to make promises that were met or could be met - where patentee was not required to make statements as to the utility of the invention - where statement sought to be deleted from specification is the main promise in the patent - where patentee has enjoyed a monopoly for over 17 years out of the 20 year patent term.
PRACTICE AND PROCEDURE - Whether statements made to the Commissioner of Patents before grant are material on the evidence - where amendments sought to save time at trial - where amendments sought for avoidance of the risk of a plea of a lack of utility being upheld - where no current plea of false suggestion.
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