This case highlights the importance of maintaining comprehensive
records throughout the ideation and development stage of your
invention.
Summary
The Delegate to the Commissioner, Isaac Tan, held in Olvey & Sketo v Danko
& Gabrys [2019] APO 42 that there was insufficient
evidence submitted to make a determination under Section
32 of the Patents Act 1990 regarding disputes between
applicants, and therefore the application will remain in the names
of all five applicants.
The listed applicants for Australian Application No. 2016259383
titled "Corrugated Pallet" include Sean G.
Gumbert, Joseph J. Danko, Douglas A. Olvey, James L. Sketo and
Christopher W. Gabrys. The listed inventors, Sketo and Olvey, filed
a request under s32 for the Commissioner to make a determination to
remove Gumbert, Danko, and Gabrys as applicants.
