IN THE MATTER OF HOWARTH'S PATENT

140 REPORTS OF PATENT, DE'SIGN, AND TRADE MARK CASES [Vol. XXXIX. No. 5.J In the Matter of Hunt's Patents. that is as extended by the German Courts in respect of losses during the war. In my judgment, therefore, it, would be proper to grant an extension of both Patents for a period of four years from the termination of the earlier of the two Patents, Hunter Gray, K.C.-lVly Lord, neither of the Patents has expired yet" so I :> apprehend it will be sufficient to extend the. Patents. SARGANT J.-Yes, there is no grant of a new Patent, and therefore, none of the special qualifications are inserted. Dighton P·ollock.-There ought to be a condition, I submit, that the British licences are extended. 10 SARGANT J.-Yes, the extension is on the condition that those British licences are renewed, if the licensees desire. on the same terms as are now existing. IN THE HIGH COURT OF JUSTICE-CHANCERY DIVISION. Before J\1R. JUSTICE SARGANT. February 23rd, 1922. 15 IN THE MATTER OF HOWARTH'S PATENT. Patent.-Applica,tion for extension by Originating Summons.-Patentee as years extension granted.-Terms of extension.-Patents and Designs Acts 1907-1919, Section 18, Sub-section (6). 8uch.-Fou1~ H. was the qraniee of a Patent in respect of an invention of "Im.provements 20 " in or relating to Mineral Washing and Separating Apparatus." At the time of the grant of the Patent H. was an engineer in the employnl,ent of the O. Oompa,ny, and he had appl.ied for the Patent with the Oompany's consent. By a verbal agreement it was agreed between H. and the Oompany that the Oompany should have the exclusive right to the use of the Patent, an,d that 2~ H. should be paid, in addition to his salary, a commission on the profits of the Oompany's Ooal Department; such comrniseion. to include remuneraiion. for the use by the Com.pans; of the invention. The apparatus for washing and separating coal made by the Oompany practically invariably included the Applicant's invention. Owing iohosiiliiiee there was a large decrease in the 30 plant sold by the Company and a, consequent decrease in the commission paid to the Applicant. The Patentee applied by Originating Summons for an extension of the Patent on the ground of loss due to the war. 141 Vol. XXXIX.] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASES [No.5. In the Matter of Howarth's Patent. An extension of four years was granted, subject to an undertaking, which was given by the Applicant, that the said verbal agreement should be embodied in a deed and registered. Letters Patent (No. 7541 of 1906) were granted to Robert Morton. Houiarth. 5 in respect of an invention of "Improvements in or relating to Mineral " Washing and Separating Apparatus " on, the 28t.h 'of March, 1906. On the 3rd of December, 1921, the Patentee applied by Originating Summons for an extension of the Patent on the ground of loss due to hostilities. An affidavit in support of the Application was made by the Applicant who 10 deposed iinier alia) as follows :--" My said invention relates to apparatus " for washing and separating coal and other minerals more particularly the " kind of apparatus. known as jig washing machines. A complete ' Combined " , Jig' when erected comprises a series of compartments each with its own " jig, the number of jigs varying in different cases from, 4 to 12, with a refuse, 15 "cha,mber common to all the jig compartments. Washing plant contains one " or two' Combined Jigs' according to requirements and a quantity of coal " treated and the- number of single jigs therein ma,y vary from 4 to 20 in anyone " complete plant. I was a,t the time when I made my said invention an " engineer in the employ of the Ooal and Ore Dressing Appliances Ld. and 20 "I am now and have since 13t,h November, 1913, been managing director " of that Company. My application for Letters Patent was made with the " consent of the said Company, and after the Letters Patent had been granted " to me and I had demonstrated the practical utility of the said invention " it was agreed that the Company should have- tho exclusive, right of using the 25 "said invention so long as I remained with them and should pa,y me a com" mission of 5 per cent. on the profits of the Company's Coal Department in " addition to ,my 'Salary, such commission to include remuneration for the " use of my said invention. No formal licence deed was ever executed by " either the Company or myself, nor was the said agreement (which was made 30 "verba,lly at, interviews which I had with the late _J. O. Ounninghame, the " Company's Chairman] ever committed to writing. The only written record " of the matter of which I am aware is contained in the minute's of the board "meeting of the Company held on the 9th May, 1908, duly signed by the " said J. C. Cunninqharne which is as follows :-' It was resolved that Mr. 35 '" Howarth be paid a commission of 5 per cent. on the profits of the Coal ., "Department, such profits to be arrived a,t by deducting from the gross " , profits of the. Coal Department. one half of t,he: general working expenses. of " 'the Company to date from Lst April, 1908.' I cannot, 'say tha,t the " exclusive right, to use my invention was. the only consideration for the agree40 "ment, but the Company would not have agreed to pa,y me the said com" mission but for the fact that they would thereby get such exclusive right. " The plant made by the Company's Coal Department practically invariably " embodies my invention, and since the, date of the said agreement I have " only received commission on the profits of one plaint which did not embody 45 "my invention and those profits. were not greater than the profits derived from " the smallest plant, embodying the invention made during the subsistence of "the a,greement." He further said tha,t in respect of the years ending the 31st of March, 1909-1915, he had been paid by the Company the sum of £2,000 68. 3d., and in respect of the years ending the Bl.st of March, 1910-19'21, 50 the sum of £918 14s. 10d.; that the number of washing pI,antis embodying the 142 No.5.] REPORTS OF PATENT, DESIGN, AND TRADE MARK CASE'S [Vol. XXXIX. In the Matter of· Howarth's Patent. patented invention contracted for by the Company during ~he years 1909:1~14 was 22 'containing 216. jigs, and during the years 1916-1920 It was 2 containing 16 jigs; that the failure to obtain orders during the years, 1915 to 1921 was due to the tact that owing to hostilities the Company had been unable to obtain the necessary labour and materials, and that, owing to the high price 5 of coal, colliery companies had been able to dispose of dirty and unwashed coal, and that that factor had cheeked the installation of modem washing and separating appliances; and that labour difficulties, Government control, and the increased cost of materials resulting from the War had introduced elements of uncertainty into the industry which had led to the postponement of expendi- 10 ture in replacing existing pla (...truncated)