Robinson v Forgan Caveator [1917] HCA 70; (1917) 24 CLR 382 (13 December 1917)

HIGH COURT OF AUSTRALIA

Robinson Petitioner; and Forgan Caveator.

H C of A

13 December 1917

Isaacs J.

Clive Teece, for the caveator,

Weston, for the petitioner.

Isaacs J.

Sec. 84 of the Patents Act 1903-1909 is mandatory, and the Court has no power to entertain a petition for extension of the term of the patent without prior advertisement as required by the section. Reg. 151 merely gives the Commissioner of Patents power to vary the prescribed mode of advertisement, and not to dispense altogether with advertisement prior to the presentation of a petition as required by sec. 84.

Petition dismissed without costs.

Solicitors for the petitioner, Sly & Russell, for Poole, Johnstone & Hicks, Adelaide.

Solicitor for the caveator, E. H. Newman, for Barwell, Kelly & Hague, Adelaide.