IN THE MATTER OF LETTERS PATENT NOS. 134761, 128411, 136148 AND 136296 GRANTED TO HENRY GEORGE MARTIN 68/1960

Uc. B82. No. bf I%o, SF:

IN THE HIGH COURT OF AUSTRALIA

IN_THE MATTER OF LETTERS P. _ NOS, 134761, 123411, 136148 and

136296 GRANTED TO HENRY GEORGE MARTIN

REASONS FOR JUDGMENT

OralJudgment delivered at_.Melbourne — on Friday, Sth June 1964 000

'A.C. Brooks, Government Printer, Melbourne ©.7630,/00

DGMEN' ORAL.

XQ

NRY

OF

ORGE.

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S_ PATENT NTN ERN.

HENRY GEORGE

This is a difficult case. I have considered the evidence adduced before me as showing what the position was in the case of each patent although the evidence deals with the four patents in globo. It must depend upon the circumstances of each case whether such a principle ought to be adopted or not. On the whole I have come to the conclusion that by reason of hostilities between Her Majesty and a foreign State each applicant here as patentee has suffered some loss or damage including some loss of opportunity of dealing in or developing his invention and therefore there is a statutory basis on which I have a discretion. I think there is no circumstance which precludes me from exercising my discretion in favour of the applicant in each case and that in all the circumstances an order should be made for the extension of the term of each patent for a period of two years.

The applicant will pay the Commissioner's costs. I make no order as to the costs of the objector.

The extension will be by way of re-grant urader the provisions of s. 95. It is a condition of the re-grant in the case of Letters Patent Nos. 136148 and 136296 that the re-grant in each case is subject to proviso (1) appearing in the original Letters Patent for each of these two inventions. Mr. King agrees to this

condition.

I make the Celotex order in this case.