oar EJ. Green, Govt. Print, Melb. LS CoudFrahe New a ee IN THE HIGH COURT OF AUSTRALIA. Vv. In the Matter of Letters Patent No. 6125/27 granted to Daniel Lathan. j REASONS FOR JUDGMENT. Judgment delivered at. Melbourne on... Jith November, A942. 00 Cou Vee Ne 8i/iqgr . (Ate ZN iN THE HIGH COURT OF Aus RALLA. IN THE MATTER of the Patents Act 1903- -~aond- IN THE MATTER of a Petition by DANIEL LATHAM for an extension of the term of Letters Patent of the Commonwealth of Australia Numbered 6125/27 dated the 24th February 1927 for "An improved Vyce." OR DE R FILED | ~ 4 FEB 1943) [fe Paid... " ANGUS A. SINCLAIR 465 Collins St. Melbourne, Solicitor for the Petitioners yale OF_AUSTRALIA i of the Patents Act 1903-1935" -and- IN THE MATTER of a Petition by DANIEL LATHAM for on extension of the term of Letters Patent of the Commonwealth of Australis Numbered 6125/27 bearing date the 24th dey of February 1927 for the invention of "An improved Vyce." Before His Honour Mr, Justice Starke Wednesday the eleventh day of November 1942, The Petition of DANIEL LATHAM coming on for hearing before this Court on the 26th day of October 1942 UPON REARING Mr. Gunson of Oounsel for the Petitioner and Mr. Dean of Counsel for the Commissioner of Patents AND UPON READING the Petition herein dated the 3rd day of August 1942 end the several Affidavits of DANTEL LATHAM the Petitioner sworn and filed herein and the Affidavits of NORMAN LESLIE MARTIN ARTHUR GEORGE LLOYD NEIGHBOUR LAURENCE FRANCES MORONEY JOSHUA REGINALD RILEY ROBERT ROURKE BILLINGS ANTHONY JAMES CALTINAN and ANGUS ARCHIBA,D SINCLAIR respectively sworn end filed herein and the respective exhibits thereto AND UPON HEARING the oral evidence of the said Petitioner and the deponent ARTHUR GEORGE LLOYD TP PMELSBBOUR taken upon their examination before this Court THIS COURT Counsel for the said Petitioner and the seid Commissioner of Patents THIS COURT DOTH ORDER thet the term of the said Letters Patent No. 6125/27 be extended for three years from the date of the expiration of the term of the said Letters Patent subject to the condition that the Patentee grent licences upon reasonable terms and conditions to all who may desire to make and use the said invention AND THIS COURT DOTH FURTHER ORDER that an office copy of this Order be delivered to the ssid Commissioner of Patents by leaving the same with a Clerk at the office of the said Commissioner AND THIS COURT DOTH FURTHER ORDER that the costs of the said Commissioner of Patents of this Petition be taxed by the proper officer of this Court and when so taxed be paid by | the ssid Petitioner to the said Commissioner of Patents. \ BY THE COURT, { MCCA DEPUTY REGISTRAR. | i i i i LATHAM'S PATENT. Order that the Letters Patent No. 6125 of the year 1927 granted to Daniel Latham be extended for a term of three years from the expiration of the said Letters Patent subject to the condition that the patentee grant Licenses to all who desire to make use of the protected invention on reasonable terme and conditions. Order that an office copy of this order be delivered to the Commissioner of Patents by leaving the same with a clerk at the office of the said Commissioner. Order patentee Daniel Latham to pay the costs of the Commissioner of Patents. LATHAM'S PATENT SUDGHENT STARKE J. Petition presented on the 3rd August 1942 for the ex- tension of Letters Patent No. 6125/1927 which was granted on the 24th February 1927 for an improved vyce. A vyce or vice is a well known contrivance or "tool . composed of two jaws, opened and closed by meana of a screw, which grip and hold a piece of wark in position while it is being filed, sawn or otherwise operated upon. Murray's New Bnglish Dictionary "Vice". According to the patentee the type of vice in use at the date of his patent disposed of the grip- ping jaws at right angles te the bench to which the vice was fitted, with the result that the work when held in the jaws and disposed perpendicularly was limited te the distance from the top face of the jaws to the slider beneath them. The improved vice the subject of the Letters Patent above mentioned off set the gripping jaws so as to allow the work held therein to be adjusted vertically as well as at an angle in the vice jaws without abstruction or limit of adjust- ment. To justify the extension of a patent the Court must be satisfied: - t+. That the invention is one of considerable merit and utility. 2, That the patentee has been inadequately re- munerated. 3. That the imadequacy of remuneration was not due to any lack of effort on his part or those who have held the patent. The petition in this case was not based upon any war loss (Patents Act S. 64(6)), indeed the royalties received by the patentee have increased since the outbresk of war. The inven- "tion is not of a very high order of merit; it is not a great invention. But nevertheless it has merit higher than the ordinary merit that would sustain a patent. Also the invention is undoubtedly useful. But whether it has that "large value to the public which alone" justifies the extension of a patent i is another matter. The utility of the invention in relation to the public ia "an even more important factor than the in- | wentiveness or skill shown in making the invention". Robinson's Patent 25 C.L.R. 116 at p. 121-2; Trantom's Patent 34 R.P.c. 28 at p. 36; Maschinenfabrik Augsburg-Nurnberg A.G. 47 R.P.C. 193 at 211. As I follow the evidence about 8000 of the improved vices have been sold in 16 years, which does not suggest any considerable benefit to the public ar much interest in the invention. Various excuses are offered for this state of affairs, which I need not discuss. Since the outbreak of war interest in, and the use of, the "improved vice" has much in- | creased. An engineer of skill and experience (Mr. A.LGNeighbour), | however, gavef evidence, which I accept, that the invention is ef considerable utility in the workshops; especially since the outbreak of war when it is important that werk should be done ' speedily and efficiently. But for this evidence I doubt whether I should have regarded the invention aa of any large value or special benefit to the public. The remuneration of the patentee from his invention has not been large. He has received to the end of October 1942 the sum of £1485 in royalties, and claims to have expended £464 of which about £124 is but an estimate of the value of his services in preparing plans of his invention and loss of time in interviewing purchasers of his improved vices which had developed faults or weakness in use. And the manufacturers af his vice to whom the patentee gave an exclusive license, which has now been released, - estimate their profits at £703, but their accounts are not very satisfactory. Having regard to the merits and utility of the invention in relation to the public, the profits from the invention have been small and, in my opinion, the patentee has not been ade- quately remunerated by the patent. This inadequacy is not due to any want of diligence on his part or that of his licensees in pushing the invention. The patentee was not aman of means. He thus had difficulty in finding money to push the invention. Lack of interest on the part of engineers and others in his invention and also faulty workmanship on the part of an early licensee, now out of the business, together cperated against the use of the patentee's vice. But that want of interest and prejudice from faulty workmanship has, since the outbreak of war, been overcome and the patentee's vice is now in good and growing demand. But the nature and merit. of the invention is net auch that I can, or should, order any greater extension of the Letters Patent than 3 years which on recent figures should give the patentee £200 a year or thereabouts and I hope more in royalties. The petitioner will pay the costs of the Commissioner of Patents.