Re Brown Root McDermott Fabricators Ltd & Anor’s Application.  BTC 8041
Judgment delivered 21 March 1996.
Stamp duty – Rectification of Register of Patents – Whether unstamped documents could be relied on as defence to pending patent action – Stamp Act 1891, s. 5, 14(4), Patents Act 1977, s. 68.
This was an application by the defendants (‘McDermotts’) in a patent action to rectify the Patents Register in order to raise a defence under s. 68 of the Patents Act 1977 to a financial claim for infringement by the plaintiffs (‘Stena’).