VON PLATEN AND OTHERS V. HALLSTROMS PROPRIETARY LIMITED AND OTHERS 18/1940

Von Platen.and.others.

Hallatrome. Proprietary. Limited...

High Court of Austratig, Principal Registry.

ii

'udgment delivered at____Melbourne........... ___. Thursday, 28th Merch,19h0__

Hi Green, Govt, Print, Melb. orn 2

a

isation and exyension of its business on the faith of the

JUDGMENT.

This is a petition praying the extension of two Letters

Patent, 13860/23 and 13861/23, for "improvements in absorption

refrigerating apparatus", The Letters Patent are what is known

as Convention Patents granted pursuant to the provisions of the Imperial Patents Act 1907-1932 Sec.91 and the Vommonwealth Patents Act 1903-1935 Sec.i21, The applications were dated i6th, 4 August i923 put the patents were dated 18th. August 1922 which "| was the date of the first foreign application (Sweden), The patents expired on the i8th. August 1933,

On the 18th, August 1938 an order was made extending the period within which proceedings might be taken for the

extension of the Patents until dist. December 1938. See

Commonwealth Patents Act Sec.84(1)(7). The petition praying the extension of the Letters Patent was presented to this Court on the 29th. December 1938 but caveats had been filed on the 12th. and 13th. Becember py three objectors. The order of the

18th. August was made by me ex parte but the facts disclosed on

the hearing of this petition suggest some reconsideration of

that procedure, Hallstroms Pty. Lté. , one of tle caveators

against the grant of this petition, proceeded with the reorgan-

expiration of the Letters Patent for some nine months without ary | nogice of proceedings for xe extension of their terms. It would be well, I think, to require some public notice of an application under Sec.84(7) before any extension of time is allowead within which proceedings for the extension of the term of any patent may be taken.