Re Carr's Patent
| Jurisdiction | UK Non-devolved |
| Judgment Date | 14 January 1873 |
| Date | 14 January 1873 |
| Court | Privy Council |
English Reports Citation: 17 E.R. 556
Privy Council
Mews' Dig. tit. Patent; F. Confirmation, etc.; 2. Renewal and Extension; a. Generally; d. Account of Profits. S.C. L.R. 4 P.C. 539. As to extension generally, see now s. 25 of Patents, Designs, and Trademarks Act, 1883 (46 and 47 Vict. c. 57), and Privy Council Rules, 1897 (Stat. R. and O. 1899, p. 1837).
[379] IN BE CARR'S PATENT * [Jan. 14, 1873]. In circumstances showing a want of adequate remuneration, an extension of the term of Letters Patent granted for six years. In estimating the profits derived from the Patent, the Judicial Committee will take into consideration a deduction from the profits of the Patent for the personal expenses of the Patentee for the exclusive devotion of his time in bringing the Patent into practical operation and public notice. The Petitioner in this case was the Patentee of an invention for " improvements in machinery for disintegrating artificial manures." The invention consisted of a series of cylindrical cages, arranged on an axle * Present: Sir James William Colvile, Sir Barnes Peacock, Sir Montague Edward Smith, and Sir Robert Porrett Collier. 556 cabr's patent (in be) [1873] ix moore n.s., sao concentrically, and capable of revolving in different directions, and with varying velocities; into the central of the revolving cages of which the material to be operated on was introduced, and by centrifugal force thrown against the bars of each cage in succession, and finally delivered from the circumference of the outer cages in the requisite state of disintegration, or pulverization; having been subjected in its passage from the centre to the circumference to violent blows from the bars forming each cage. In the petition it was alleged, that the invention comprised in the Letters Patent was his sole invention, and was made by him at considerable expense, and after long and laborious personal efforts and application; that the invention was of very great utility, and highly beneficial to the public. That immediately after obtaining, on the 29th of March, 1859, provisional protection for his invention, the Petitioner, by circulars addressed to artificial manure manufacturers, and by public advertisements in Newspapers published in different parts of the United [380] Kingdom, and by other personal exertions, endeavoured, to the best of his ability, to make known his invention, and to induce the public to purchase and use the same. That as...
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