APPLICATION OF DRAEGER FRERES AND SPICERS & DETMOLD LTD. FOR EXTENSION OF LETTERS PATENT NUMBER 10862/33

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IN THE HIGH COURT OF AUSTRALIA.

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APPLICATION OF DRAEGER FRERES ANE

~-SPECBRS-& DBEMOLD—LTD<-FOR— EXTENSION OF LETTERS PATENT NUMBER 10862/33.

Delivered at_ SYDNEY.

on Friday, 16th April, 1948

40358 A. HL. Pormiven, Acrixe Govr. Priv.

APPLICATION OF DRANGER FRERES AND SPICERS & DETNMOLD LTD.

FOR EXTENSION OF LETTERS PATENT NUMBER 10862/33

JUDGEVENT STARKE J.

This is an application by way of Originating Summons for the extension of Letters Patent 10862/33 for "Improvements in binding arrangements for sheets or leaflets and applications of the same" granted to Draeger Freres, a French company carrying on business as Printers.

Spicers & Detmola/is en Australian company which has an agreement dated 5th March 1947 that I shall call a conditional purchase of the rights conferred by the Letters Patent. By this agreement Draeger Freres promised to sell the Letters Patent "against payment of a sum -- £250" whereupon "rights to/eatent and authority to work same" were #@ge given to Spicers & Detmold Ltd. The sale becomes definite "when the extension of period of this present patent for 4 years or 6 years or otherwise has been decided by the Australian Patent Office". ""Draeger Freres will then finalizefefinitely the patent to the Company Spicers & Detmold Ltd. against payment of a second and final amount of £250". "In the event of the extension of the patent not being granted Draeger Freres will keep the first sum of £250 and Spicers & Detmold Ltd. will be authorised to use the patent until its normal expiration!

The Letters Patent expired on the 19th Jamary 1948.

The Originating Summons is founded upon Sec. 84(6) of the Patents Act 1903-1935.

The invention is simple enough and, doubtless, is useful. It has been exploited with success in France and on

a lesser scale in Great Britain and other countries but the