Re Blake's Patent
| Jurisdiction | UK Non-devolved |
| Judgment Date | 14 January 1873 |
| Date | 14 January 1873 |
| Court | Privy Council |
English Reports Citation: 17 E.R. 554
Privy Council
Mews' Dig. tit. Patent; F. Confirmation, etc.; 2. Renewal and Extension; c. Foreign Invention. S.C. L.R. 4 P.C. 535. See Winan's Patent, 1872, 8 Moo. P.C. (N.S.), 312. S. 25 of 15 and 16 Vict. c. 83, was not re-enacted by the Patents, Designs, and Trademarks Act, 1883 (46 and 47 Vict. c. 57). As to extension generally, see s. 25 of the latter Act, and Privy Council Rules, 1897 (Stat. R. and O. 1899, p. 1837).
[373] IN RE BLAKE'S PATENT * [Jan. 14, 1873]. A Patent was first taken out in America, afterwards in England, and two days after the date of the English Patent the invention was patented in France. The French patent was allowed to drop. On an application for prolongation of the English Patent, Held-following Winan's Patent (8 Moore's P.C. Cases (N.S.), 306; S.C. Law Rep. 4 P.C. 93)-that, although the Judicial Committee might have jurisdiction under the 25th section of the 15th and 16th Viet. c. 83, to entertain the application, yet, on the ground of public policy, as the French Patent had been allowed to expire, they would not in the exercise of the discretion vested in them, recommend the extension of the term of the English Patent. The Petitioners, Assignees of the Patent, applied for an extension of the term of Letters Patent granted to Lyman Reed Blake, of the State of Massachusetts, in the United States of America, for an invention of " a new and useful, or improved, machine for sewing a sole to a Boot or Shoe," and were " The Blake Sole Sewing Machine Company, Limited," having business premises in London. The following facts appeared from the petition:-The Patentee obtained on the 6th of July, 1858, a Patent in America, for the above invention. Afterwards, on the 3rd of May, 1859, he took out a Patent in England for the same invention, 'and on the 5th of May in the same year he obtained Letters Patent, or brevet d!'invention, in the Empire of France in respect of the same invention. Patents for the invention were also taken out in other Countries in the year 1864, which were still subsisting In 1860, a partnership for working the invention in England and Wales, was * Present: Sir James William Colvile, Sir Barnes Peacock, Sir Montague Edward Smith, and Sir Robert Porrett Collier. 554 blake's patent (in re) [1873] ix moobe n.s., 37* formed by certain persons, whose interests were afterwards, in 1862, assigned to the Petitioners. It further appeared from the...
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