IN THE MATTER OF POULSEN'S PATENT (NO. 2) AND IN THE MATTER OF AN APPLICATION BY CHRISTOPHER HAGE AND OTHERS

Supplement.] May 11, 1921.J THE ILLUSTRATED OFFICIAL JOURNAL (PATENTS). [No.5.J REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES [Vol. 105 XXXVIII] In the Matter of Poulsen's Patent (No.2) and in the Matter of an Application by Chrisioph.er Hage and Others. IN THE HIGH COURT OF JUSTICE.-CHANCERY DIVISION. Before MR. ,JUSTICE SARGANT. Ma,rch 2nd and 3rd, 1921. IN THE l\/IATTER OF POULSEN'S PATENT 5 (No.2) and IN THE l\:fATTER OF AN ApPLICATION BY CHRISTOPHER RAGE AND OTHERS. Patent.-Application for exicneion by Originating Surnrnonsc-r-Paiesi; having expired three years.---Applicant company incorporated since the commencemeni. of the war.-I-loss due to conditions exieiiru] at the time of the formation 10 of Applicant company.-" Piiicnt.ee as such. "-Prima facie case not esiabIishetl, -Application disrni8sed.-Oosts.-Procedure coneidered.r-r-I'uient» and Designs Acts 1907-1919, Section 18 (6). In July, 1920, an Application urae made by Originating Summons for the extension of a Patent which had expired in July, 1917. The Applicants were H. 15 the registered legal oumer at the date of the expiration of the Patent, a syndicate entitled to the beneficial interest in the Patent at the date of the Application and a company which had succeeded the said syndicate in ilu: beneficial interest. The Application was opposed by the Crown upon the grounds (inter alia) that the Patent had expired nearly three years previously to the . 4 . pplica20 iion ; that since the Patent had expired the invention had been used and developed by Gouernrnerct Departments and others on the footing that the Patent had expired; and that the facts of the case were not euch. as to bring it 'within Sub-section (6), added to Section 18 of the Patents and Designs Act, 1907, by the Patents and Designs Act, 1919. The Application was also opposed boy C. F. 25 Elwell and The Radio Communication Co., Ld. Evidence was given 'n support of the Application to show that, owing to Treasury restrictions the Applicants had not been able to obtain the capital necessary to exploit the Patent, and that user of the invention was restricted owing to the war. Held, that, especially in view of the exceptional case that an a,pp,licant must G Supplement.] 106 THE ILLUSTRATED OFFICIAL JOURNAL (PATENTS). [May 11, 1921. REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES [Vol. XXXVIII]. In the Matter of Poulsen's Patent (No.2) and in the Matter of an Application by Christopher Hage and Others. make out to obtain the extension of the term of a patent that has expired for three yews, the evidence did not establish a prima facie case for an extension. Semble, that Sub-section (6) is primarily aimed at compensating persons uihose existing business or position has been interfered with by reason of the outbreak of hostilities, and that a cornpany that had C01ne into existence during hostili- 5 ties would only with difficulty bring itself within the Sub -section; also, that the Applicant H. having sold the Patent to the Applicant Company, his [ormer position 'was merged in that of a shareholder, and that he could only be cornpensated in that capacity by reason of an exieneion. being granted to the Company. The application was dismissed and the Applicarl,ts were ordered to pay 10 the costs of the Opponents E. and The R. C. Co. Held also, that application~ 'under Sub-section (6) could be made by petition instead of by originating summons, and that in an elaborate and in1)oIved case it was desirable thai the application should be made by petition. In the Matter of Brown's Patent (1920) 37 R.P.C. 142 foHotved. 15 On the 14th of July, 1903, Letters Patent (No. 15599* of 1903) were granted to Valdemar Poulsen in respect of an invention relating to " Improvements " relating to the Production of Alternating Electric Currents." The first Claim of the Complete Specification, as amended, was as follows :-" Method for pro" ducing alternating currents with a high frequency by means of an electric 20 " conductor e:f-&fleh-~HH;!itie& in the form of an electric arc the quality of which is ., that, the ratio between an alteration in the current passing through the con," ductor in question and the corresponding alteration in the potential difference " between the terminals of the conductor is a negative quantity, connected with " a source of electricity in such a manner, that the conductor in question forms 25 " 3J part of the circuit in which the varying or alternating currents are produced, " characterised by the conductor being arranged in an atmosphere of hydrogen or " hydrogen-compound, and in a magnetic field. " In December, 1912, the Patent was assigned by the then registered legal owners to Chrieiopher Haqe, By an agreement made in May, 1915, it was agreed that the said Christopher Hage 30 should sell to the British and Overseas Engineering Syndicate Ld. certain property including the Patent, and it was agreed that the consideration for the said sale should in part be satisfied by the allotment to the said C. Hage or his nominees. of shares in a company intended to be incorporated and called" The " Pvruleen. Wireless Telegraph Company Ld." By the said agreement for sale 35 it was contemplated that the said British and Overseas Engineering Syndicate Ld. should be entitled to immediate possession of the property agreed to be sold and that such property should be resold to the said Poulsen TIVireless Telegraph Co., Ld. Owing to restrictions by H.M. Treasury upon the issue of capital by limited companies, the shares in the said Poulsen. Wireless Telegraph Co. Ld. 40 were not issued until after the removal of such restrictions, viz., the 11th of November, 1919, H.M. Treasury having theretofore refused approval for the issue of such shares. The said agreement dated May, 1915, was given effect to by a contract of sale dated the 27th of J anuar~) 1920~ Supplement.] May 11, 1921.J THE ILLUSTRATED OFFICIAL JOURNAL (PATENTS). REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES 107 [Vol. XXXVIIIJ. In the "Alatter of Poulsen's Patent (No.2) and in the Matter of an Application by Christopher Hage and Others. 'I'he said Letters Patent expired on the 13th of July, 1917. On the 5th of July, 1920, the said Chrieiopher Hage, the said British and Onereeae Engineering S'yndicate IJd. and the said Poulsen liVireless Telegraph 00., Ld. applied by Originating Summons for an extension of time 5 within which application might be made for the prolongation of the Patent, and that, the Patent might be extended for the term of five years, or alternatively that new Letters Patent might be granted in lieu of and in place of the Patent for the term of five years from the date thereof. The Application was opposed by the Crown on the grounds,-(l) that the 10 Patent, had expired nearly three years before the Application was made ; (2) that the patented invention had since the expiration of the Patent, been largely used and. developed by Government Departments (...truncated)