High Court of Australia
HIS HONOUR: This ie an application for an extension of letters Patent. The original tex= expired on 20th Februexy, 1950. m 14th iaroh, 1991 I heard an application for an extension of the term on the ground of less suatained ty reason of heetilities. I granted the extension for 4; years, and that period expired om 20th August, 1954.
4m application now comes before me for a further extension on the same grounds, that is te say, wax less.
She clroumetances which were before me in 1951 sebieafied me that theve had been a loss due to hostilitics which, ae far ag I was able to see on the evidence I had, could be adequately compensated if the patentee were granted on addition of 4% years to the texu of his patent, which wes an addition equal to that which had been granted in England. it io now said that diffieultice of several kinds heave eoourred sinoe the date of that hearing which have absorbed & good deal of the time covered by the extension which I granted, and that heving regard to these diffieulties it would be right to inoxease the period of extension.
She difficulties were of two kinds. One arose out of the requirement of the Capital Issues Regulationea fer the eonsent of the Capital Isaues Board before a company could be formed with the necessary capital to enable snnufacture in Auetralie in accordance with the patent to be coumenced. The other kind of diffioulties concerned the shortage of experieneed and qualified men and the difficulty of obtaining the requisite mohinery for the commencement of the meanu- facturing business.
Bow those two classes of difficulties were put to me ty Mr. Thomas as eagh ealling for an extension of the period of the patent. The first, that which arose out of the Capital issues Regulations, was put to me as having ocoupied a period of 18 or 19 months which otherwise could have been used in procseding with the exploitation of the itavention.
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