High Court Wellington
10, 11, 12 December 1986; 9 February 1987
Quilliam J
10, 11, 12 December 1986; 9 February 1987
Quilliam J
Patents — Extension — Application on ground of inadequate remuneration — Notice of opposition filed by commercial opponent — Drug for treating pain took longer than usual to be brought effectively on to the market — Whether applicant had discharged onus of proving that it had not been adequately remunerated — - Discussion of accounting method suitable for assessing losses — Whether applicant should be granted an extension for eight years — Whether extension should be subject to conditions favourable to commercial opponent — patents Act 1953, ss 3(1), 31(7) and 97.
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