making the specification, and of entering disclaimers, if necessary, afterwards. The cost of a disclaimer unopposed is usually from £25 to £30 ($125 to $150). Printed copies of all specifications and drawings, except some out of print, can be had at a moderate rate, usually not more than 2s. (50c.) each patent. INFRINGEMENTS. Patent trials are proverbially expensive in England, the law and procedure being apparently framed with the special object rather of putting fees into the lawyers' pockets than of doing justice promptly and cheaply. As the cases have to be fought out by lawyers, almost invariably utterly ignorant of the technicalities of the case, and before judges learned only in the law, the probability of obtaining justice, even with a long purse, is not extravagantly great. Often, too, when the case comes to a hearing, and nearly all the expenses of the lawsuit have been incurred, the court, conscious of its poor qualification for deciding scientific and technical matters, reserves a series of points to be decided in a fresh trial, and refers all matter of accounts to arbitration. When, therefore, both parties will consent to the arrangement, it is generally best to choose one or more arbitrators from men of integrity in the same trade, or, if points of patent law are largely concerned, a patent agent of good standing, and unconnected with either party, will be found a still better man for the business. Should, however, the patentee, in self defence, be obliged to go to law, the following are a few hints on the subject: 1st. Be sure first that your patent is a valid one, and that the act complained of is an infringement of it. The advice of a good patent agent on these points is more reliable than that of any solicitor. 2nd. If the patent agent report favorably, put the matter into the hands of your solicitor. 3rd. Should the patentee make affidavit that he verily believes that his patent is valid, and is being infringed in a certain factory, and can give reasonable ground for his belief, a court of common law will grant an order for a single inspection of the works, but not of the books of the suspected infringer, to see whether the suspicion be correct. 4th. The infringement, even though unintentional, being proved, the court can assess damages and decree costs, and, further, will grant a perpetual injunction against the defendant continuing the infringement, on pain of fine and imprisonment. The decision can also be cited in applying for an interim injunction against other parties. 5th. The court may, prior to the action, grant a preliminary injunction forbidding the infringer from continuing the use or manufacture of the patented invention, under pain of fine and imprisonment, until the trial be decided. This power, however, is at the discretion of the court, and is rarely made use of, except where the infringement is recent, the patent of long standing, and the application has been made the instant the infringement has been discovered. 6th. Should the alleged infringer deny the validity of the patent, or his infringement of it, the court, instead of granting the interim injunction, may order the infringer to keep careful accounts while the trial is going on of all articles manufactured, so that damages may more easily be assessed in case of conviction. 7th. The patentee can be obliged to produce his letters patent in court, or lose his suit. 8th. The court may order all matters of account to be decided by arbitration. 9th. The court may, besides giving costs and damages, order the articles made in accordance with the patent in the possession of the infringer to be given up to the patentee. 10th. Should a person injure the business of another by pretending that that other's manufacture is an infringement of a valid patent when such is not the case, the aggrieved party can obtain damages, costs, and a perpetual injunction restraining him from further intimidation, on pain of fine and imprisonment. REGISTRATION. The shape or configuration of almost any manufactured article or design can be protected by registration, provided that shape be new. Provisional registration gives protection for twelve months, and the Board of Trade sometimes, though rarely, extends the time, on special application for another half-year. During the provisional protection, the design can be published or the article manufactured, and the proprietorship in the design sold, but the sale of any article manufactured according to the design before complete registration be obtained nullifies the protection. Articles made during provisional registration must be marked or stamped "Provisionally Registered," with the date of provisional registration. At any time during provisional protection complete registration can be obtained. Penalty for infringing £5 to £30 for each individual infringement, proved before two magistrates or any superior court. The assignee of the designer can register. Labels, wrappers, or other coverings, cannot be registered under this act, but can be secured under the Trademark Registration Act.* The Registrar may refuse to register any design which he deems to be contrary to law or decency. Registration is effected under two heads, Useful and Ornamental. *For full particulars of this Act, see "All about Trademarks, "by W. P. Thompson, Patent Office, Liverpool, price 3d. (10c. to America.) USEFUL.-Articles for which some special shape or configuration is necessary to their utility can be thus protected, and the shape of the new or original parts claimed, for the special uses or objects designated in the specification attached. Only the shape can be claimed, however, not the principle, material, or composition, as in patents. Any close approximation to the shape of any new part, however, so as to accomplish the same result in the same way, is an infringement. Complete registration can be effected at once, or a provisional protection for one year first obtained, and changed to complete afterwards. The duration of complete registration is limited to three years from the date of completing the registration, and irrespective of the previous provisional protection. Cost of Provisional Registration of "Useful" designs is usually from...£4 to £8 ($20 to $40) Only about 150 useful registrations are effected per annum, and, as a rule, they are very disappointing, as just as the design gets well known and appreciated, the three years' protection expires. The Commissioners of Patents have authority to renew a registration for another period of three years; but this is rarely asked for, and then is usually refused, 66 ORNAMENTAL.-Ornamental designs can be registered provisionally for twelve months, and the same rules hold good as in provisionally registered useful designs; completely," for various periods depending on the class of articles. In all cases the Board of Trade have the power of prolonging the period of provisional protection for six months, and of complete for three years, but the extension must be duly petitioned before the expiry of the ordinary protection. Provisionally registered designs must be marked on every specimen made, "Provisionally Registered," with date. Completely registered articles must have attached or stamped on them the particular mark that is exhibited for the purpose on the certificate of registration. In case of sculpture, each specimen must be marked " Registered," with date of registration. Ornamental Design Registration has in practice been used for such things as pens, clothing, and other articles not machinery, in which the shape of the design is governed by both utilitarian and æsthetic considerations, or the latter only. The present registrar, however, apparently with the object of increasing the revenue by forcing applicants to apply for useful design registration, with its £10 stamp, very generally (and, we think, illegally) refuses to register, under the ornamental designs act, designs evidently made for a purpose of utility rather than for pure ornament, even though they be ornamental. The cost of provisionally registering is usually half that of complete registration. The cost of changing provisional into complete, together with that of provisional registration, is usually 5s. to 10s. ($1 25c. to $2 50c.) more than the cost of complete registration at first. In all cases two exactly similar copies of the design must be provided. Photographs will do, and indeed are preferred. Usual cost and duration of complete ornamental registration, including agency fees, postage and letters: |