IN THE MATTER OF: THE PATENTS ACT 1903-1946. AND IN THE MATTER OF: LETTERS PATENT NO. 12973/33 GRANTED TO ALEXANDER SIMPSON

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IN THE HIGH COURT OF AUSTRALIA

IN THE MATTER OF LBITERS PATENT NO. 12973/33 GRANTED TO ALEXANDER SIMPSON a —

ORIGIN,

REASONS FOR JUDGMENT

Judgment delivered at...

1, B, Dew, Gor, Prit., Melb ©.19280/45

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LETTERS PATENT NO. 12973/33 GRANTED TO ALEKANDER SIMPSON. STODGMERT. WEEB_J.

This is an application by way of originating summons under Section 84(6) of the Patents Act that the term of the patent be extended on the ground of war loss. In my judgment to-day on a similar application in respect of Letters Patent 17139/34 granted to Electric and Musical In- Gustries Limited I have set out the law so far as I thought necessary. As to the facts;this is a convention patent which was granted on the 9th June 1932 and so expired on the 9th June 1948. The patent was granted to Alexander Simpson, but the application is made by Samuel Leonard Simpson, as the executor of Alexander Simpson, and by S. Simpson Limited, as assignee. The assignment was not registered until the 13th July 1939. &. Simpson Limited is now on the Register

as owners of the patent.

The essential feature of the patent is that it provides an elastic element on the waist-band of sports trousers which keeps the trousers into the waist without stretching the waist-band itself. The elastic is inserted in the waist-band and is attached at each end to the waist- pand allowing the waist-band a itself to pucker a little Decause the elastic is shorter. than the length of waist-band

'at covers, Small rubber pads on the insider of the waist-

pand keep the shirt in position. There are several related foreign patents, but only in the United States has the article been manufactured, and then under license granted to a sub- sidiary company of the London Company. The United States royalties appear to have been received only during the war