IN THE MATTER OF CRIGHTON'S PATENT

259 Vol. XXXIX.] REPORTS .oF PATENT, DESIGN, AND TRADE MARK CASES [No.8. In the Matter of Criqhion:« Patent. IN THE HIGH COURT OF JUSTICE-CHANCERY DIVISION. Before MR. JUSTICE ·SARGANT. March 28th, 1922. IN THE MATTER OF CRIGHTON'S PATENT. 5Patent.-Application by Originating Summons for Extension.-Period of loss. -Three' years' extension gran,ted.-Terms.-Patents and Designs Acts, 1907 & 1919, Section 18, Sub-section (6). J. o. and W. F. O. applied by Origin,ating Summons for an extension for a period of four years of a, Patent granted in 1906, of which they were the qranieee 10 and registered ilegalown~rs. It appear'ed from the evidence that from 1911 until the outbreak of hostilities in 1914, there had been an increasing demand for the patented article}' that the sales had fallen off considerably during the period of hostilities, but had reoiced in 19'19, and in 1920 were considerably larger than in any preoioue year. On behalf of the Applicants, an extension 15 of fOUT yea,rs was not pressed for in view of the 19'20 sales , but it was contended that the 1920 sales were not due to a postponed demand, and that loss within the meaninq of Section 18, Sub-section (6) of the Paienis and Designs ~4cts, 1907 and 1919, had been suffered. An extension of three years W~ granted. 20 25 30 John Orighton and William Fleminq Crich.ton were the grantees and registered proprietors of Letters Patent, (No. 10555 of 1906) granted on the 5th of May, 1906, in respect of an invention of an " Improved Stand for Clothes Wringers, " the object of the invention being " to provider means for supporting a. wringer " when it is used in connection with stone-ware wash t.ubs." On the 20t,h of December, 1921, the Patentees applied by Originating Summons for an extension of the Patent, for four years. On the 23rd of. December, 1921., an affidavit, in support, of the Application was made by the Applicants, who deposed (inter alia) that the patented article was considerably used in houses provided with stone-ware wash tubs ; that in or about 1906 the Applioants rhad give.n a verbal licence to the Lion Foundry 00., Ld., to work the Patent, and in 1911, a licence in writing to the Carron 00.; that down to and including the year 1910 very few patented stands were sold, and that no records. of such sales were available; that during 19 1912, 1913 and the. early part of 1914 the demand for the patented stands was a constantly increasing one; that, the number of sales from 1911 to 1920 had been as follows-1911 (258), 1912 (287), .1913 (329), 1914 (280), 1915 (214), 1916 (175), 1917 (82), 1918 (106), 1919 (225), 1920 (610); that the profits from sales and royalties had been as follows-i-Itll I (£20 14s.), 1912 (£25 lOs.), 1913 (£35 13s. 8d.), 1914 (£31 15s. 6d.), 1915 (£18 19s. 4d.), 1916 (£8 Is- 8d.), 1917 (nil), 1918 (£13 12s. 10d.), 1919 (£39 os. 3d.), 1920 (£100 9s. 9d.); that during 1921 the number of sales to date was 1098 and the profits £165 Is. 4d.; 111, 35 40 260 No. 8.J BEPORTS OF PATENT, DESIGN, AND TRADE MARK CASE·S [Vol. ,XXXIX. In, the jj[atter of Criqhion:« Patent. that. during the- war the demand for the patented stands fell considerably, mainly by reason of the fact that little or no new building was being done; that the Lion Foundry 00., Ld., had been engaged upon war work, and had been unable to obtain the necessary raw material ; that during the war the demand had been met, out, of accumulated stock. 5 Treiior Watson (instructed by G. B. Ellis) appeared for the Applicants; Dighton Pollock (instructed by the Solicitor to the Board of Trade) appeared for the C01nptioller-Gen.eral). TVafson, for the Applicants, stated the nature of the invention, and eontinued.i-c-From 1911 till the war there was a steady increase in the demand for 10 the patented stands. If the normal number of annual sales attained at the outbreak of war be taken at, 300, the Applicants have lost during the war at least 800 sales. During the war the Applicants just succeeded in keeping the Patent alive. [SARGANT J.-Is not, the increased number of sales in 1920 due to a, postponed demand caused by war conditions"] That would be a fair 15 inference if the increase had been shown in 1919, assuming that there would have been no normal increase during the years of war. SARGANT J.-Supposing that the Applicants had three years' extension, itt seems. to me that they would get, ample satisfaction, having regard to the sales 20 in 1920 and 1921. Tre'vorWatson.-I think that would probably be so, my Lord. I do not think I could put the demand in 1914 as being 610. SARGANT J.-No, but, I think that the Applicants have, had this advantage; although they did not 18e11 many during the war, persons, have been using this class. of article, and there has been time to get, it appreciated and its advantages 25 put forward. Trevor Wa.tson.-Yes, no doubt that is so, and to that, extent, it is against them, but, on the other hand, it tells in their favour : it shows that the sales during 1920 were not, because of a postponed demand, 'and, that. being so, I submit there is ample- proof here of a, loss during the war. 30 SARGANT J.-Yes, I think .that is so. Trevor Watson.-That, being so, I submit that, there ought at. any rate to be some exte-nsion which will compensate for that, loss. SARGANT J.-,-Yes. Trevor Watson.-The extension asked for is four years, which covers sub- 35 stantially the whole period during which there was any falling off in sales, but I respectfully agree with what your Lordship has said, and I quite appreciate that I cannot press for that, I submit" however, in the circumstances, having regard to the sales which took place during 1921, that the fair inference would' be that an extension, of three years would put Lhe Patentees in the position 40 in which they would have been but for the war. SARGANT J.-Do you object to a three years' extension, Mr. Pollock? Dighton Pollock.-No, my Lord. I think that the period is the only point in the case, and if your Lordship thinks three years a fair period, I raise no objection. SARGANT J.-\7 ery well, I will extend the Patent for three years from the 45 date w hen it expires. Dighton Pollock.-And the Applicants will give an undertaking to carry on the licences if and as the licensees desire? Trevor Watson ....,.--yes. 5C H 974 1800 5/22  (...truncated)