IN THE MATTER OF LETTERS PATENT NOS. 112379, 112550 AND 112570 GRANTED TO E.I. DU PONT DE NEMOURS & CO. AND ASSIGNED TO IMPERIAL CHEMICAL INDUSTRIES LIMITED 13/1955

IN THE MATTER OF LETTERS PATENT NOS. 112379, 112550 AND 112570 GRANTED TO E.I. DU PONT DE NEMOURS & CO. AND ASSIGNED TO IMPERIAL CHEMICAL INDUSTRIES LIMITED 13/1955

The applicants, having established that war loss prevented full enjoyment of their patents by more than five years, are entitled to a five-year extension, but no further limitations or undertakings are warranted. The extension is to be granted subject to conditions regarding infringement actions and recovery of damages during the interim period.

Parties
Original Patentee: E.I. de Pont de Nemours & Co.; Assignee/applicant: Imperial Chemical Industries Limited; Respondent: Commissioner
Jurisdiction
Australia
Judgment Date
25 October 1956
Procedural Posture
Application for Extension of Letters Patent / Judgment After Hearing
Outcome
Application granted in part
Legal Topics
Extension of Term of Letters Patent, Conditions on Patent Regrant
Intellectual Property Patents Extension of Term of Letters Patent Conditions on Patent Regrant

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Parties

E.I. de Pont de Nemours & Co.

Original Patentee

Imperial Chemical Industries Limited

Assignee/applicant

Commissioner

Respondent

Procedural Posture

Application for Extension of Letters Patent / Judgment After Hearing

Legal Issues

  1. 1 Whether an extension of the terms of the Letters Patent should be granted
  2. 2 Whether any limitation or undertaking should be attached to the regrants
  3. 3 Appropriate period and conditions for the extension

Ratio Decidendi

The applicants, having established that war loss prevented full enjoyment of their patents by more than five years, are entitled to a five-year extension, but no further limitations or undertakings are warranted. The extension is to be granted subject to conditions regarding infringement actions and recovery of damages during the interim period.

Court Disposition

Application granted in part

Orders

  • Regrant of each Letters Patent for five years from the date of expiry
  • Regrant subject to condition that no proceedings or damages may be recovered for any infringement occurring after expiry of the original term and before this order, or in respect of the use or sale of articles made during that period