Federal Court of Australia
-—————*
JUDGMENT No. Te. Be.
IN THE FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G.482 of 1987 )
GENERAL DIVISION )
The Application of RHONE~POULENC SA and RHONE-POULENC AGROCHIMIE
i 28 JANI988 \
FEDERAL COURT OF AUSTRALIA
PRINCIPAL REGISTRY
Applicants
EX TEMPORE REASONS FOR JUDGMENT
"ys
BURCHETT J.
This is an application under s.90 of the Patents Act 1952 for an order extending the time within which the applicants may file a petition for an extension of the term of Letters
Patent No. 456312.
The present application was filed only a few days before the expiry of the patent, and is now being heard some two months later. However, that situation does not 1n itself provide a bar, since it 1s even possible for an application for an extension of time, to file a petition for the extension of a patent, to be
filed after the patent has expired: Sanofi v. Parke Davis
Proprietary Limited (1983) 152 C.L.R. 1. In that case, as
appears from the dissenting judgment of Deane J. in the Federal
Court (Parke Davis Pty Ltd v. Sanofi (1982) 43 A.L.R. 487 at 501), the application for extension of the time within which a
petition might be presented was not filed until nearly eight
* months after the expiry of the patent.
The present application 1s made by the applicant Rhone Poulenc SA as the patentee whose name appears on the register, and by Rhone Poulenc Agrochimie as an assignee whose assignment could not be registered because of the subsequent expiry of the patent. Rhone Poulenc Agrochimie is a subsidiary of Rhone
Poulenc SA.
Both the applicants are French corporations. The patent relates to a fungicide, referred to as iprodione, used in connection with agriculture and viticulture. It is, of course, a feature of patents relating to chemicals of this sort that there may be a long waiting period, after their invention, before regulations designed to protect the public from possibly harmful compounds can be satisfied, so as to permit exploitation of the
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