We would like to file a convention patent application in Australia based on US provisional patent application No. 61/XYZ filed on March 22, 2010.
However, it will be necessary to add additional examples in order to support the scope of the claims. In the USA we intend to do so by filing a Continuation-In-Part (CIP) application in about 3 months from now.
Please advise whether you have a similar mechanism in Australia which would allow us to add the new matter to the specification of an Australian patent application.
The courts view the making of threats of patent infringement proceedings very seriously. In the words of Lord Justice Bowen (1893) in Skinner v Perry 10 RPC 1 ” Now, every person of common sense knows what is involved in patent actions, and what the expense of them is, and everybody knows that to be threatened with a patent action is about as disagreeable a thing that can happen to any man of business. ”
Consequently, if it turns out that the letter constitutes a threat of patent infringement proceedings, and that threat is actually groundless, then the party sending the letter may be contravening the Unjustified Threats provisions of the Australian Patents Act 1990.