Re Ryall's Patent [1949] HCA 14

170 HIGH COURT (1948-1949,

[HIGH COURT OF AUSTRALIA.}

In re RYALL'S PATENT.

H.C. or A, Patent—Extension of term—Loss or damage suffered by patentee by reason of recent —

1948-1949. hostilities Manufacture of equipment in commercially satisfactory form— Ww Extensive development required—Patents Act 1903-1946 (No. 21 of 1903— 1948, No. 38 of 1946), s. 84 (6). '

Sypyey, 3 oo a i F

pag It having been established that patentees of certain inventions, of a highly — pian technical nature and which required a great deal of development spread over 1949. a number of years in order to manufacture the equipment in a satisfactory

Feb. 15; form, had suffered loss and damage by reason of the recent hostilities, the

June 3. terms of the letters patent were extended for a further period of seven years Williams J. as from the date of the expiry of the original grant.

OricrvATING SUMMONS under s. 84 (6) of the Patents Act 1903-1946. This was an application by way of originating summons under s. 84 (6) of the Patents Act 1903-1946 for an extension of the terms of certain letters patent which expired on 1st March 1949. The facts are fully stated in the judgment hereunder.

Hicks, for the applicants. Thomas, for the Commissioner of Patents. Cur. adv. vult.

1949, June 3. Wiitrtams J. delivered the following oral judgment :—

This is the hearing of an originating summons under s. 84 (6) of the Patents Act 1903-1946, to extend the term of Australian Letters Patent Nos. 16576/34 and 21817/35, on the ground that the patentees as such have suffered loss or damage by reason of the recent hostilities.

The patentees are Leonard Ernest Ryall and General Electric Co. Ltd. The term of each Letters Patent was for sixteen years

78 C.L.R.] OF AUSTRALIA.

from 1st March 1933, so that they have now expired and any exten- H.C. or A.