Bristol-Myers Company A Petition pursuant to S.90 of the Patents Act 1952 [1988] FCA 350

LIMITED DISTRIBUTENDGMENT No. SSO Sorc

IN THE FEDERAL COURT OF AUSTRALIA } }

VICTORIA DISTRICT REGISTRY } VoNo. G 132 of 1989 } )

GENERAL DIVISION

A Petition pursuant ta Section 90 of the Patants Act 1952 by BRISTOL-MYERS COMPANY the proprietor of Australian Letters Patent No. 462, 357 to axtend the term of Australian Lettars Patent No. 462, 657 for a further term of ten years.

COURT: NORTHROP J.

DATE: 1 JUL? 1988

PLACE: MELBOURNE

REASONS FOR JUDGMENT

Ac the conclusion of the hearing ar this application on 17 June 1388, tne Cours made an order that the time within which the applicant, Sristol-Myers Company, could lodge a petition under 5.30 af the Patents Ach 1352 for an extension of the term of the Australian Letters Patent 462, 657 be extended to 24 Jume 1338 and ordered that the applicant pay the costs of the Commissioner of Patents and of the objector David Bull Laboratories Pty. Ltd. At the same time the Court announced that it would publish 1ts raasons

for so doing at a later time. These ara those raasons.

The applicant is a corporation organised and existing under the laws of the State of Delaware and has its

principal place of business at 345 Park Avenue, New York. It

is the registered proprietor of Australian Letters Patent

Number 462, o57 (the Patent) dated as from 7 July 1372.

Unless extended, the term of the Patent 15 due to axpire sn

July 198d¢ being the expiration of the normal 16 year period.

Under sub-section 30(1) of the Patants Act:-

"30(1) A patentee of a standard patent who considers that he has been inadequately remunerated by his patent may, after advertising, as prescribed, his intentionm to ito 350, présent to a prascribed court, at Least 6 months before tne axpiration af the term of She patent, or within such further period as a prescribed court allows, a petition praying thas his patent be axtended for a Further term'.