IN THE MATTER OF LETTERS PATENT NO. 100191 GRANTED TO OSCAR ADOLPH MENDELSOHN AND LLEWELLYN JOHN HOWELLS AND ASSIGNED TO VACUUM EXTRACTORS LIMITED

IN THE MATTER OF LETTERS PATENT NO. 100191 GRANTED TO OSCAR ADOLPH MENDELSOHN AND LLEWELLYN JOHN HOWELLS AND ASSIGNED TO VACUUM EXTRACTORS LIMITED

The applicant failed to establish with evidence that it, as patentee, suffered loss or damage by reason of hostilities; it was not proven that the Assistant Controller's influence under wartime regulations caused the Egg Marketing Board to refrain from installing the machines, and in any event, the applicant did not show it would have been better off but for the war.

Parties
Applicant: Vacuum Extractors Limited; Caveator: Egg Marketing Board of New South Wales; Opponent: Commissioner of Patents
Jurisdiction
Australia
Judgment Date
21 May 1952
Procedural Posture
Originating Summons Under Patents Act S 84 for Extension of Patent Term / Reasons for Judgment
Outcome
application refused
Legal Topics
Patent Extension, Causation of Loss by Hostilities, Powers Under Wartime Regulations
Intellectual Property Administrative Law Patent Extension Causation of Loss by Hostilities Powers Under Wartime Regulations

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 3 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Vacuum Extractors Limited

Applicant

Egg Marketing Board of New South Wales

Caveator

Commissioner of Patents

Opponent

Procedural Posture

Originating Summons Under Patents Act S 84 for Extension of Patent Term / Reasons for Judgment

Legal Issues

  1. 1 Whether hostilities caused loss or damage justifying extension of patent term under s. 84 of the Patents Act 1903-1950
  2. 2 Whether the actions of the Assistant Controller under National Security regulations coerced the Egg Marketing Board into not installing the applicant's machines

Ratio Decidendi

The applicant failed to establish with evidence that it, as patentee, suffered loss or damage by reason of hostilities; it was not proven that the Assistant Controller's influence under wartime regulations caused the Egg Marketing Board to refrain from installing the machines, and in any event, the applicant did not show it would have been better off but for the war.

Court Disposition

application refused

Orders

  • The application is refused.
  • The applicant company is ordered to pay the costs of the Commissioner of Patents and the caveator, including reserved costs.