IN THE MATTER OF LETTERS PATENT NO. 21410/35 GRANTED TO KENNETH FRASER AND THE YORKSHIRE COPPER WORKS LIMITED

IN THE MATTER OF LETTERS PATENT NO. 21410/35 GRANTED TO KENNETH FRASER AND THE YORKSHIRE COPPER WORKS LIMITED

The applicant failed to establish sufficient grounds for a further extension as the evidence showed that additional delays were adequately addressed by the previous extension; no further extension is justified as the loss attributable to hostilities had already been compensated, and any further extension would be ineffectual at this late stage.

Parties
Applicant: Applicant; Respondent: Commissioner
Jurisdiction
Australia
Judgment Date
15 December 1955
Procedural Posture
Application for Extension of Letters Patent / Judgment After Further Application for Extension
Outcome
application refused
Legal Topics
Extension of Patent Term, Loss Due to Hostilities, Capital Issues Regulation, Manufacturing Difficulties
Intellectual Property Patents Extension of Patent Term Loss Due to Hostilities Capital Issues Regulation Manufacturing Difficulties

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Parties

Applicant

Applicant

Commissioner

Respondent

Procedural Posture

Application for Extension of Letters Patent / Judgment After Further Application for Extension

Legal Issues

  1. 1 Whether further extension of a patent term should be granted due to losses sustained by reason of hostilities and subsequent manufacturing and capital difficulties

Ratio Decidendi

The applicant failed to establish sufficient grounds for a further extension as the evidence showed that additional delays were adequately addressed by the previous extension; no further extension is justified as the loss attributable to hostilities had already been compensated, and any further extension would be ineffectual at this late stage.

Court Disposition

application refused

Orders

  • The application for further extension is refused.
  • The applicant is to pay the Commissioner's costs, including reserved costs.