High Court of Australia
0.12280/45
1H. B, Dew, Gor. Print, Melb.
CCUM: AYU EE ~
IN THE HIGH COURT OF AUSTRALIA
Ln In the Matter of Letters Patent
No. 10679/32 granted to J.B.Crump.
REASONS FOR JUDGMENT
Judgment delivered at_Melbourne... - —
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CR ts P. = PARTE .
TUDGMENT.. DIXON J.
This is an application by petition under sec. 84 of the Patents Act 1903-1946 for the extension of letters patent. The letters patent were granted to J.B. Crump and date from 24th December 1932. The invention is described as an improved reversible disc plough. The ground of the application is that the patentee has been inadequately remunerated and, further, that as such he has suffered loss or damage by reason of thelostilities in the late war. The letters patent were assigned on 18th December 1940 to the present applicants who had previously held a licence, apparently exclusive, for the exercise of the invention. With respect to the ground that the patentee has been inadequately remunerated, it is the duty of the court in considering its decision to have regard to the nature and merits of the invention in relation to the public and to the profits made by the patentee as such and to all the circumstances of the case. With respect to the ground that the patentee has suffered loss or damage by reason of hostilities, the court in considering its decision may have regard solely to the loss or damage so suffered by the patentee: ef. sec. 84(4) and (6).
The petitioners are a firm of machinery merchants and manu- facturers and hae manufactured ploughs which in many respects are in accord with the invention disclosed in the specification and with certain improvements. The history of the ploughs produced since the invention was first put into operation shows, throughout
of the patent, the life/a comparatively small production, which became smaller in the first year of the war and again in the two last years of the war. The effect of hostilities was apparently to reduce an output which was at no time large. It is a case in which it is difficult to distinguish /
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