Re Duckham's Patent [1951] HCA 63

Re Duckham's Patent [1951] HCA 63

Because reg. 134 of the Patent Regulations applies of its own force only to petitions under sub-s. (1) of s. 84 and not to applications by originating summons under sub-s. (6), the Court should give its own directions for sufficient advertising after issue of the originating summons; in this case the application should be listed for the February 1952 sittings and advertised as directed.

Jurisdiction
Australia
Procedural Posture
Application by Originating Summons for Extension of Patent Term Under S. 84 (6) of the Patents Act 1903 1950 / Directions as to Advertising After Issue of Originating Summons
Outcome
Directions made for hearing and advertising of the application.
Legal Topics
['extension of Patent Term' 'advertising of Patent Extension Applications' 'originating Summons' 'summons for Directions']
['patents' 'civil Procedure'] ['extension of Patent Term' 'advertising of Patent Extension Applications' 'originating Summons' 'summons for Directions']

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Procedural Posture

Application by Originating Summons for Extension of Patent Term Under S. 84 (6) of the Patents Act 1903 1950 / Directions as to Advertising After Issue of Originating Summons

Legal Issues

  1. 1 ['Whether Regulation 134 of the Patent Regulations applies of its own force to applications by originating summons under sub-s. (6) of s. 84 of the Patents Act 1903-1950.' 'What advertising and directions practice should apply to applications by originating summons for extension of a patent term.' 'What directions should be made for advertising and hearing the present application.']

Ratio Decidendi

Because reg. 134 of the Patent Regulations applies of its own force only to petitions under sub-s. (1) of s. 84 and not to applications by originating summons under sub-s. (6), the Court should give its own directions for sufficient advertising after issue of the originating summons; in this case the application should be listed for the February 1952 sittings and advertised as directed.

Court Disposition

Directions made for hearing and advertising of the application.

Orders

  • ['The application is to be placed in the list of causes for hearing at the sittings of the Court in February 1952.' 'The application is to be advertised twice in the Official Journal.' 'The application is to be advertised once in a daily newspaper circulating in Melbourne and once in a daily newspaper circulating in...