Robinson v Forgan Caveator [1917] HCA 70

H.C. or A.

1917. oe

Sypney,

Dec. 13.

Isaacs J.

HIGH COURT [1

[HIGH COURT OF AUSTRALIA.)

ROBINSON. . " , a 7 : = . Petition

AND

FORGAN z i : : 5 é Bek: Caveato

Patent—Extension of term of patent—Application to Court—Advertisement befo presentation of petition of intention to apply — Powers of Commissioner Patents—Patents Act 1903-1909 (No. 21 of 1903—No. 17 of 1909), sec. 84 Patents Regulations 1912 (Statutory Rules 1912, No. 76), regs. 134, 151.

Sec. 84 of the Patents Act 1903-1909 provides that "a patentee may, advertising in the prescribed manner his intention to do so. present a petition" to the High Court or the Supreme Court praying that his patent may be extended for a further term," &e. ;

Reg, 134 (1) of the Patents Regulations 1912 provides ghat "a patent . (hereinafter called the petitioner) intending to apply by petition to the His Court, or the Supreme Court, for an extension of the term of his patent under sec. 84 of the Act, shall give public notice, by advertising three times in Official Journal, once in the Commonwealth Gazette, and once, at least, in capital city of each State, in a daily newspaper published in that city" ; the regulation makes provision as to the contents of such advertisements. Reg. 151 provides that " where under these Regulations any person is required to do any act or thing . . . and it is shown to the satisfaction of the Commissioner that from any reasonable cause that person is unable to comp with the requirement, the Commissioner may, upon the production of other evidence, and subject to such terms as he thinks fit, dispense with the requirement."

By virtue of sec. 84 of the Act it is essential that the intention of a patent to apply to the Court for an extension of the term of his patent should hy

i0.L.R.) OF AUSTRALIA.

and it is not competent to the Commissioner of Patents under reg. 151 to dis- pense altogether with such advertisement.