APPLICATION OF FROSTED FOODS LIMITED FOR EXTENSION OF LETTERS PATENT

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IN THE HIGH COURT OF AUSTRALIA.

APPLICATION OF FROSTED FOODS

i

LIMITED FOR EXTENSION OF LETTERS ;

PATENT.

REASONS FOR JUDGMENT.

_ Delivered at__ _ _- on Friday, 16th April, 1948.

40358 A. HL. Perriven, Acrixe Govr. Pata,

WOM |

APPLICATION OF FROSTED FOODS LIMITED FOR

EXTENSION OF LETTERS PATENT

JUDGEMENT STARKE J.

This is an application by way of Originating Summons on the part of Frosted Foods Limited for the extension of Letters Patent No. 2475/1930 and a Patent of Addition No. 2258/31.

The patents are for "improvements in or relating to refrigerating apparatus". It seems a valuable and useful invention. It is of American origin and the Letters Patent in respect of the invention were granted in Australia to Frosted Foods Incorporated of Delaware,United States of America. That company assigned the Letters Patent to the applicant, an English company which changed its name in July 1947 to Birds Bye (Holdings) Limited.

The applicant was registered as the proprietor of the patents in 1938 but so far its change of name has not been entered in the Register of Patents.

The patents expired on 6th January 1946.

The application for extension is based upon Sec. 84(6) of the Patents Act 1903-1935 which provides that,where by reason of hostilities between His Majesty and any foreign State, the patentee as such has suffered loss or damage (including loss of opportunity of dealing in or developing his invention owing to his having been engaged in work of national importance connected with such hostilities) an application under this section may be made by originating summons for an extension of Letters Patent, and that the Court in considering its decision may have regard solely to the loss or damage so suffered by the patentee.

The burden is on the applicant to satisfy the Court that the patentee as such has suffered loss or damage. The words