Farbridge V. The Registar Of Patents

1946  Present: Wijeyewardene and Rose JJ.

FARBRIDGE, Appellant, and THE REGISTRAR OF
PATENTS, Respondent.

74-D. C. Inty. Colombo, 82.

Patents-Extension of term of patent-Points for consideration by Court- Right of appeal from decision of District Court-Patents Ordinance (Cap. 123),ss. 28, 36.

A decision of the court made under section 28 (3) of the patents Ordinance is subject to an appeal to the Supreme Court.

Where the petition of a patentee for an extension of the term of his patent is referred to the court the court will, under section 28 (4) of the  Patents Ordinance, consider whether (a) the petitioner has proved that his invention is of great practical utility, (b) the patentee?s accounts show clearly and precisely how he has been remunerated in respect of his patent, (c) there are other circumstances favourable to the grant of  an extension.

APPEAL from a judgment of the District Court of Colombo. The appellant, who was the patentee of an invention, presented a  petition to His Excellency the Governor praying for an extension of  the term of his patent. The petition was referred by the Governor to the Distric

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