Ryall's Patent, Re [1949] HCA 14

High Court of Australia Williams J. Ryall's Patent, Re [1949] HCA 14

ORDER Order that there be a re-grant of Letters Patent 16576/34 and 21817/35 respectively for seven years from 1st March 1949; that the re-grant be subject to the conditions that no action or other proceedings shall be commenced or prosecuted and no damage shall be recovered either in respect of any infringement of the patent which has taken place after the date of the expiration of the original term and before the date of this order; or in respect of the sale, use or employment at any time hereafter of any article actually made in that period in accordance with the invention covered by the patent; that the applicant pay the costs of the Commissioner including any reserved costs; and that liberty to apply be reserved.

Cur. adv. vult.

J. Williams delivered the following oral judgment:—

1949, June 3 Williams J

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 from 1st March 1933, so that they have now expired and any extension thereof must be by way of re-grant.

The Australian patents are off-shoots of English Patents Nos. 415767 and 416372 granted for a similar term. The inventor and English patentee is the applicant Ryall who has been in the employment of the British Post Office since 1925 as an engineer and in other capacities, except during the war when he was engaged on other activities.

In accordance with the conditions of his service, Ryall granted to His Majesty's Postmaster-General licences to use the inventions free of charge in Great Britain, Northern Ireland and the Isle of Man during the term of the Letters Patent and any extensions thereof.