IN THE MATTER OF LETTERS PATENT NOS. 134761, 128411, 136148 AND 136296 GRANTED TO HENRY GEORGE MARTIN 68/1960

IN THE MATTER OF LETTERS PATENT NOS. 134761, 128411, 136148 AND 136296 GRANTED TO HENRY GEORGE MARTIN 68/1960

By reason of hostilities between Her Majesty and a foreign State, each applicant as patentee suffered loss or damage, including loss of opportunity to deal in or develop the invention, and there being no circumstances precluding the proper exercise of discretion, an extension of the term of each patent for two years is warranted under statutory authority.

Parties
Applicant: Henry George Martin; Respondent: Commissioner; Objector: Mr. King
Jurisdiction
Australia
Judgment Date
05 June 1964
Procedural Posture
Application for Extension of Patent Term / Judgment at First Instance
Outcome
extension of patent term granted for two years in each case
Legal Topics
Extension of Patent Term, Loss or Damage Due to Hostilities
Patents Intellectual Property Law Extension of Patent Term Loss or Damage Due to Hostilities

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Parties

Henry George Martin

Applicant

Commissioner

Respondent

Mr. King

Objector

Procedural Posture

Application for Extension of Patent Term / Judgment at First Instance

Legal Issues

  1. 1 Whether hostilities between Her Majesty and a foreign State justify the extension of the term of patents under statutory provisions.
  2. 2 Whether there are circumstances precluding the exercise of discretion in favour of the applicant for extension.

Ratio Decidendi

By reason of hostilities between Her Majesty and a foreign State, each applicant as patentee suffered loss or damage, including loss of opportunity to deal in or develop the invention, and there being no circumstances precluding the proper exercise of discretion, an extension of the term of each patent for two years is warranted under statutory authority.

Court Disposition

extension of patent term granted for two years in each case

Orders

  • Extension of term of each of the four patents for a period of two years.
  • Applicant to pay Commissioner's costs.