Re Duckham's Patent [1951] HCA 63

82 CLR] OF AUSTRALIA. 603

[HIGH COURT OF AUSTRALIA.] In rE DUCKHAM'S PATENT.

Patent—Practice—Application for extension of term—Originating summons— H.C. oF A. Petition—Patents Act 1903-1950 (No. 21 of 1903—No. 80 of 1950), s. 84 (1), (6). '1951.

On an application by originating summons under s. 84 (6) of the Patents Fone Act 1903-1950 for extension of the term of a patent the practice of the High g// 5 99"

Court will be as follows :—(1) The application should be advertised after the issue of the originating summons. (2) If it has been advertised by the Dixon J. patentee before its issue, the advertisements may be taken into consideration in deciding what further advertisement is necessary. (3) After the issue of

the originating summons, a summons for directions should be issued seeking directions from a justice in chambers as to the advertisements, time of hearing, nature of evidence and such other matters, if any, on which directions may be desired. (4) Usually, two advertisements in the Official Journal will be ordered and one in a newspaper for each of the State capitals, but—accord- ing to the nature of the invention and the circumstances of the case—more limited or more extensive advertising may be directed. (5) The advertise- ment of the application will include a statement as to the time and place fixed for the hearing of the originating summons.

In the case of petitions under s. 84 (1) of the Act, the practice of issuing a summons for directions should be followed and—as part of the order for directions—an advertisement should generally be required in the Official Journal notifying the time of hearing.

ORIGINATING SUMMONS. ,

This was an application by originating summons for the extension of the term of a patent under s. 84 (6) of the Patents Act 1903-1950. A question arising as to the practice to be followed on such an application, the matter was determined as appears in the judgment hereunder.