High Court of Australia
Spy hen BM ae rebdii eed pled ot tee
57 C.L.R.J OF AUSTRALIA.
(HIGH COURT OF AUSTRALIA.) Ex parte CELOTEX CORPORATION.
In re SHAW'S PATENTS.
Patent—Extension of term—Specifications in extended patents covering subject matter contained in expired patents—Profits from foreign patents—Loss attributable to Australian patents—Grant of new patent—Limitation of term—Patents Act 1903- 1935 (No. 21 of 1903—No. 16 of 1935), sec. 84.*
A patent may be extended on an application under sec. 84 of the Patents Act 1903-1935 notwithstanding that matter contained in the specification is also contained in the specification of another patent which has expired and that the owner of the patent the subject of the application is thereby enabled to prevent the use of a piece of knowledge which, apart from the extension, would have become publici juris at the expiration of the other patent.
In an application for the extension of a patent under sec. 84 (5) of the Patents Act 1903-1935 the profits of the patentee on his corresponding foreign patents should be taken into account; but, although those profits may be important as affecting the exercise of the court's diseretion, the condition precedent provided by the sub-section is fulfilled if a loss attributable to the Australian patent is proved. Though the limit of five or ten years prescribed by sub-sec. 5 is not expressed to apply to a grant of a new patent under that sub-section, yet such a limitation should be implied in the case of a new grant, or at least the specific mention of those periods in the earlier part of the sub-section affords a guide which ought not lightly to be departed from,
Perition. This was a petition under sec. 84 of the Patents Act 1903-1935 for the extension of four patents which expired on 15th January
* The Patents Act 1903-1935, sec. 84 (5) provides: "The court, if it is of opinion that the patentee has been jmadequately remunerated by _ his patent, may order the extension of the term of the patent or part of it for
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate