The court considered the meaning of the word ‘application’ in the context of the 1907 Act. Morton J said: ‘Mr Shelley . . argued that . . the words ‘the application’ mean a piece of paper . . and do not mean what he calls ‘the legal proceeding’ and what Mr Beacall calls ‘the prayer of the inventor to the Crown’ . . No doubt instances could be multiplied where the words ‘the application’ appear to refer to the form and not to the proceeding; but, in my view, in Section 8A, subsection 2 of the Act, what is referred to is not a piece of paper, but a legal proceeding.’
Judges:
Morton J
Citations:
[1942] 54 RPC 72
Statutes:
Cited by:
Cited – Oxonica Energy Ltd v Neuftec Ltd PatC 5-Sep-2008
The parties disputed the meaning of an patent and know how licence. The parties disputed whether the agreement referred to IP rights before formal patents had been granted despite the terms of the agreement.
Held: ‘The secret of drafting legal . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 01 May 2022; Ref: scu.273180