APPLICATION FOR EXTENSION OF LETTERS PATENT NO. 21780/35 GRANTED TO ERNEST GABRIEL ZOUKRA

The applicant was entitled to a seven-year extension of the patent as evidence supported the claim that hostilities and their aftermath impaired the exploitation of the patent.

Parties: Applicant: Ernest Gabriel Zoukra
Jurisdiction: Australia
Judgment Date: 28 May 1951
Procedural Posture: Application for Extension of Patent / Judgment
Outcome: Application granted
Legal Topics: Patents, Patent Extension, War Damage

Intellectual Property Patents Patent Extension War Damage

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Parties

Ernest Gabriel Zoukra

Applicant

Procedural Posture

Application for Extension of Patent / Judgment

Legal Issues

1 Whether the applicant is entitled to an extension of the term of the patent due to loss or damage on account of recent hostilities under Section 84(6) of the Patents Act 1903-1950.
2 Extent of extension justified based on aftermath of hostilities and shortages.

Ratio Decidendi

The applicant was entitled to a seven-year extension of the patent as evidence supported the claim that hostilities and their aftermath impaired the exploitation of the patent.

Court Disposition

Application granted

Orders

Term of letters patent extended by seven years.
Re-grant of patent in same terms as in the Gillette Case (67 C.L.R. at 529), operative from expiry of original term (13 March 1951).