IN THE MATTER OF GILBERT'S PATENTS

527 Vol. XLIV.] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES. [No. 15. In ihe Mutter of the Enfield Cycle Co. Ld. and Smith's Patent. 5 10 15 20 25 An affidavit in support of the Appljcat.ion wae made by the Appl icant, R. W. Smith, in which he deposed (inter alia) that he was the inventor of the patented invention, and the managing director of the Applicant Oompany ; that the Grantees were, and at a.ll times had been, joint registered legal owners of the Patent; that no other person was, or at any t.ime had been, interested in the Pa.terrt, and that no licences had been granted thereunder; that the Applicant Company had at a.II times been beneficially entitled to the Patent; that prior to the outbreak of war the Applicant Oompany had been manufacturing the patented invention, . .and the sales thereof had been steadily increasing; that in August, 1915, the Applicant Company had become a controlled establishment, and that their ordinary business had to a, large extent been set aside, and that they had been engaged in manufacturing for H.M. Government ordinary pedal cycles, to which the patented invention was not applicable, and also munit.ions of war; that after August, 1915, it had been impossible for the Applicant Company to manufacture motor-cycles or parts thereof to any considerable extent; and that the sales of the patented article had fallen considerably during the war period, until, towards the end of the war, they had become practically negligible. Trevor TVatson (instructed by Field, Roscoe and Co.) appeared for the Applicants; C, Stafford Crossman (instructed by the Solicitor to the Board of Trade) appeared for the Comptroller-General. An extension of two years was granted subject to a condition that the Patent should be assigned to the beneficial owners, i.e., the Applicant Company, an d that the assignment should be registered. IN THE HIGH COURT OF JUSTICE--CHANCERY DIVISION. Before MR. JUSTICE TOMLIN. July 19th, 1927. IN THE MATTER OF GILBERT'S PATENTS. Patents.-Application by Originating Summone for the extension of the terms .30 of three Patents.r-Two Patents having nearly two years to run.-Loss of 3 A 2 528 No. 15.] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES. [Vol. XLIV. In the Matter of Gilbert's Patents. opportunity.-" Patentee as such."-An extension of three yea1's granted.Patents and Designs Acts, 1907 and 1919, Section 18, Sub-section (6). Walter Villa Gilbert was. the Grantee of the undermentioned Letters Patent :-No. 22,2:18 of 1911, dated the 9th of October, 1911, and granted in respect of an invention of " Improvements in Mechanism suitable for Closing 5"a,nd Locking Port Holes and other Devices, and for other purposes"; No. 8,022 of 1913, dated the 5th of April, 1913, and gra,nted in respect of an invention of "Im,provements in Means for Transforming Movement, suitable for "Olosing and Locking Port Holes and other Devices, and for other purposes" ; No. 14,402' of 1913, dated the 21st of June, 1913, and granted in respect ] 0' of inventions of " Improvements in Means for Closing and Locking Port Holes " and the like." On the 4th of April, 192,7, Walter Villa Gilbert and Reginald Francis Ball applied by Originating Summons for extensions of the terms of the Patents. Affidavits in support of the Application were made by John Harwood Clarke 15· (Director of the Safety Porthole 00., Ld.) from which it appeared (inter alia) that in September, 1913, a private company (Mechanical Engineering Patents, Ld.) had helen formed for the purpose of exploiting the inventions of W. V. Gilbert in relation to safety portholes, and that, although the Patents had not been assigned, the Oompany had been regarded as joint owners thereof; that in 2() May, 1914, The Safety Porthole Co. Ld. had been incorporated for the purpose of becoming Licensees under the Patents, and, in consideration of the al lotmerit of shares and certain royalty payments to lJfechanical Engineering Patents Ld. and to the Grantee, had been granted a sole and exclusive licence to manufacture portholes and similar aruicles in accordance with cer- 2f>. tain inventions, including the patented inventions; that the Grantee had used his utmost endeavours to establish the value of his inventions and to procure the manufacture and marketing thereof; that for that purpose it had been necessary that the patented portholes should be approved by the Board of Trade, and that such approval had been obtained in 1913; that the Grantee had thereupon proceeded! to procure the fonmat.ion of Mechanical Engineering Patents Ld, ; that, owing to financial difficulties, no useful progress in the exploitation of the Patents had been possible until the, formation of The Safety Ponihole Co. Ld.; that that Company had paid £500 in respect of minimum royalties during the first two years of their Licence, and a further £500 on account of royalties in 1917, that at the outbreak of war The Safety Porthole Co. Ld, had succeeded in obtairiing enquiries as to the use of the patented portholes from a number of shipping and shiphuilding companies, and that such portholes had been definitely specified for two six hundred feet mail boats, and that in addition further enquiries for other vessels had been received from five other companies, but that as a direct consequ,ence of the outbreak of war the construction of the whole of the said vessels had been a:handonedwith the exception of two Indian Marine vessels, in respect of which 63 portholes had been supplied; that, with the exception of one three-inch porthole for a launch built in September, 1914, no orders for the patented portholes had been received until after the cessation of hostilities; that between May, 1919, and July, 1921, T'he Safety Porthole 00. Ld, had sold 368 portholes, 63 of which had been in respect of the. said Indian Marine vessels; that in 1921 the Patents together with the benefit of the licence granted to The Safety Porthole 00. Ld, and the 30 35- 40 45- 529 Vol. XLIV.] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES. [No. 15. In the JJlatter of Gilbert's Patents. shares in the Licensee Company allotted to the Grantee and Mechanical Engineering Patents Ld. had been aasigned to the Applicant, Reginald Francis Ball; that in 1921 Nautical Engineering (SouthamZJton) Ld, had agreed to manufacture and sell the patented portholes as ag,ents and contractors for The .3 Safety Porthole Co. Ld..; that 928 portholes had belen sold from 1922 to December, 1926; that the losses incurred by The Safety Porthole Co. Ld, and Nautical Engineering (Southampton) Ld. in the attempted exploitation of the Patents amounted to £12,266 15s. 7d.; and that, owing to ifsflnancial position, Mechanical Engineering Patents Ld, had been removed from the Register in 10 November, 1924. Trevor Watson (instructed by Downer and Johnson) appeared for the Applicants; C. Stafford Crossman (instructed by the Solicitor to the Board of Trade) appeared for th (...truncated)