High Court of Australia
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67 C.L.R.] OF AUSTRALIA. 529
(HIGH COURT OF AUSTRALIA.)
GILLETTE INDUSTRIES LIMITED ; . APPLICANT ; AND THE COMMISSIONER OF PATENTS : . RESPONDENT.
Patent—Extension of term—Loss or damage suffered by patentee by reason of hostilities H.C, ow A. —Matters essential to be proved—Other matters for consideration—Profits from 1943, foreign patents—Application out of time—Patents Act 1903-1935 (No. 21 of = "~~ 1903—No. 16 of 1935), s. 84 (6). Sypney,
Although upon an application under s, 84 (6) of the Patents Act 1903-1935 'S*P! ® 71.
for an extension of the term of a patent, the matters referred to in sub-ss. 1 Williams J.
to 5 inclusive of s. 84 may be taken into account, the court, in the exercise of its discretion where the claims are not manifestly bad will usually grant an extension if it be proved that the patentee has suffered loss or damage by reason of hostilities between His Majesty and a foreign State and that the patentee is not a subject of that foreign State.
Upon an application under s. 84 (6) any gain in profits under connected foreign patents on account of the hostilities should be set off against the loss or damage suffered in respect of the Australian patent.
Originating Summons under s. 84 (6) of the Patents Act 1903-1935.
This was an application by way of originating summons under s, 84 (6) of the Patents Act 1903-1935, for an extension of letters patent which expired on 14th March 1943.
The originating summons which, by reason of s. 84 (1) of the Act, should have been filed on or before 14th September 1942, was not filed until 26th October 1942.
The facts and relevant statutory provisions are fully stated in the judgment hereunder.
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