IN THE MATTER OF LETTERS PATENT NO 12590/33 GRANTED TO CHARLES AUGUST KAUFMAN

IN THE MATTER OF LETTERS PATENT NO 12590/33 GRANTED TO CHARLES AUGUST KAUFMAN

Extension of the patent is warranted due to losses from wartime government controls and material shortages, but must balance pre-war production averages and presence of competition.

Parties
Applicant: Charles August Kaufman; Respondent: Commissioner
Jurisdiction
Australia
Judgment Date
16 December 1949
Procedural Posture
Originating Summons / First Instance
Outcome
Patent term extended
Legal Topics
Extension of Patent Term, War Loss, Patent Law
Intellectual Property Extension of Patent Term War Loss Patent Law

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Parties

Charles August Kaufman

Applicant

Commissioner

Respondent

Procedural Posture

Originating Summons / First Instance

Legal Issues

  1. 1 Whether the term of Letters Patent No. 12590/33 should be extended on the ground of war loss under Section 84(6) of the Patents Act

Ratio Decidendi

Extension of the patent is warranted due to losses from wartime government controls and material shortages, but must balance pre-war production averages and presence of competition.

Court Disposition

Patent term extended

Orders

  • Re-grant of Letters Patent No. 12590/33 for four years and four months from 20 May 1948, subject to the condition that no legal action or damages are available for infringements occurring between patent expiry and this order, or for use of articles made in that period.
  • Applicant to pay the costs of the Commissioner.