Judicial Committee of the Privy Council. November 26th
Present Lord J Knight Buck, L J Turner, the Right Hon. Pemberton Leigh and the Right Hon. Bir E Ryan.
This was a petition for the prolongation of a patent granted to Mr Empson in January 1844 for an improvement in the manufacture of linen buttons. The ground upon which the extension of time was sought was that the petitioner had been compelled in consequence of losses incurred by legal proceedings to make over the patent to another person, and to pay him a licence to use it and had therefore not received since the granting of the patent more than 6,453l. This sum, it was contended, was less than the ordinary profits of the trade in which the petitioner was engaged, and was not a fair recompensation for the ingenuity he had displayed in the invention.
Mr Hindmarsh off for the petitioner; Mr Walsby watched the case on the part of the Crown.
Mr Pemberton-Leigh said that, assuming everything alleged in the petition to
be true, their Lordships were of the opinion that there was not in the least
potence (?) to granting and extension of the patent.
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