IN THE MATTER OF LETTERS PATENT NO. 17390/34 GRANTED TO FRITS JOHAN HOLMBERG

IN THE MATTER OF LETTERS PATENT NO. 17390/34 GRANTED TO FRITS JOHAN HOLMBERG

An extension of the patent term is reasonable due to the interruption of exploitation during the war and the fair inference that turnover would otherwise have been substantially greater; the extension is set at four years.

Parties
Applicant: Frits Johan Holmberg; Respondent: Commissioner
Jurisdiction
Australia
Judgment Date
16 November 1950
Procedural Posture
Patent Application / Application for Extension of Term
Outcome
Patent term extended
Legal Topics
Patent Extension, Effect of War on Patent Rights
Intellectual Property Patent Extension Effect of War on Patent Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

Frits Johan Holmberg

Applicant

Commissioner

Respondent

Procedural Posture

Patent Application / Application for Extension of Term

Legal Issues

  1. 1 Whether an extension of the patent term should be granted due to losses caused by the war
  2. 2 Whether post-war sales figures reflect banked up demand or compensate for wartime losses

Ratio Decidendi

An extension of the patent term is reasonable due to the interruption of exploitation during the war and the fair inference that turnover would otherwise have been substantially greater; the extension is set at four years.

Court Disposition

Patent term extended

Orders

  • The term of the patent extended for four years from the date of expiry.
  • A re-grant will be necessary as the patent has already expired, in the form settled in the Celotex Case.