may, at any time before the contract is determinable under the last preceding sub-section, and notwithstanding anything in the same or any other contract to the contrary, be determined by either party on giving three months' notice in writing to the other party; but where any such notice is given the party giving the notice shall be liable to pay such compensation as, failing agreement, may be awarded by an arbitrator appointed by the Minister.

(4) The insertion by the patentee in a contract made after the commencement of this Chapter, of any condition which by virtue of this section is null and void shall be available as a defence to an action for infringement of the patent, to which the contract relates brought while that contract is in force. (5) Nothing in this section shall

(a) affect any condition in a contract whereby a person is prohibited from selling any goods other than those of a particular person;

(b) be construed as validating any contract which would, apart from this section, be invalid; or

(c) affect any right of determining a contract or condition in a contract exercisable independently of this section; or

(d) affect any condition in a contract for the lease of or licence to use a patented article, whereby the lessor or licensor reserves to himself or his nominees the right to supply such new parts of the patented article as may be required to put or keep it in repair.

PART V.-INFRINGEMENT OF PATENTS.

Grounds Disentitling Patentee to Recover Damages.

61. A patentee shall not be entitled to recover any damages in respect of any infringement of a patent granted after the commencement of this Chapter from any defendant who proves that at the date of the infringement he was not aware, nor had reasonable means of making himself aware, of the existence of the patent, and the marking of an article with the word "patent," "patented," or any word or words expressing or implying that a patent has been obtained for the article, stamped, engraved, impressed on, or otherwise applied to the article, shall not be deemed to constitute notice of the existence of the patent unless the word or words are accompanied by the year and number of the patent: Provided that nothing in this section shall affect any proceedings for an interdict.

Procedure and Provisions to be Applied in Action for Infringement.

62. In an action for infringement of a patent the following provisions shall apply:

(a) Any ground upon which a patent may be revoked under this Act may be applied by way of defence.

(b) The defendant, if entitled to present a petition to the court for the revocation of the patent, may, without presenting such a petition, apply in accordance with the rules of court by way of counterclaim in the action for the revocation of the patent.

(c) The plaintiff must deliver with his declaration or by order of the court at any subsequent time particulars of the infringement complained of.

(d) The defendant must deliver with his statement of defence or by order of the court at any subsequent time particulars of any objections on which he relies in support thereof.

(e) If the defendant disputes the validity of the patent the particulars delivered by him must state the grounds on which he disputes it, and if one

of those grounds is want of novelty must state the time and place of the previous publications or user alleged by him, with the particulars required in sub-section (3) of section twenty-seven.

(f) At the hearing no evidence shall, except by leave of the court, be admitted of which particulars have not been so delivered.

(g) Particulars delivered may from time to time be amended by leave of the court.

Summoning of Assessors to Assist the Court.

63. In any action for infringement of a patent the court may, if it thinks fit, call in the aid of an assessor specially qualified to assist it in the hearing of the case, upon the terms as to remuneration already specified in sub-section (4) of section fifty-six.

Jurisdiction of the Court in Actions for Infringement.

64. In any action for infringement—

(a) if the complete specification contains two or more claims, the invalidity of any one claim shall not, unless it is otherwise determined by the court, affect the validity of any other claim or the validity of the patent in so far as it relates to any valid claim;

(b) the court may, if it is of opinion that any claim in the complete specification is invalid, order the plaintiff to pay the defendant the whole or such part of the costs of the action as it thinks just, notwithstanding that the patent is held to be valid so far as it relates to any other claim, and order the patentee to amend his specification by way of disclaimer and subject to such terms and conditions as are or may be imposed by section forty-eight; (c) the court may certify that the validity of the patent came in question; and if the court so certifies then in any subsequent action for infringement the plaintiff in that action on obtaining a final order or judgment in his favour shall have his full costs, charges, and expenses as between attorney and client, unless the court trying the action certifies that he ought not to have the same;

(d) the court may, on the application of either party, make such order for an interdict, inspection or account, and impose such terms and give such directions respecting the same and the proceedings thereon as the court may see fit.

Action and Interdict Arising from Threat of Legal Proceedings.

65. Where any person claiming to be the patentee of an invention, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of any alleged infringement of the patent, any person grieved thereby may bring an action against him, and may obtain an interdict against the continuance of such threat, and may recover such damages (if any), as he has sustained thereby, if the alleged infringement, to which the threat related, was not in fact an infringement of any legal rights of the person making the threats: Provided that this section shall not apply if the person making such threats, with due diligence, commences and prosecutes an action for infringement of his patent.

PART VI.-RIGHTS OF THE CROWN IN RESPECT OF PATENTS.

Crown to be Bound by Grant of Patent.

66. A patent shall to all intents have the like effect against the King as it has against a subject: Provided that a Minister may use the invention for the

public service on such terms as are agreed upon with the patentee or in default of agreement on such terms as are settled by arbitration.

Acquisition of Patent by the Government.

67. (1) The Governor-General, if thereto authorized by resolution of both Houses of Parliament, may direct that any patent shall be acquired by the Minister from the patentee.

(2) The Governor-General may thereupon, by proclamation in the Gazette, declare that the patent has been acquired by the Minister, and upon the publication of such proclamation or on any date specified therein, the patent and all rights of the patentee thereunder shall by virtue of this Act be transferred to and vested in the Minister on behalf of the Union Government.

(3) The Government shall pay to the patentee such reasonable compensation as is agreed upon or as is, in default of agreement, settled by arbitration.

Assignment of Certain Patents to the Government.

68. (1) The inventor of any improvement in instruments or munitions of war may assign the invention and the patent obtained or to be obtained for the invention to the Union Government.

(2) The assignment and all covenants and agreements therein contained shall be valid and effectual and may be enforced by action or other appropriate proceeding in the name of the Minister.

(3) Where an invention has been assigned to the Government the Minister of Defence may, by notice in writing to the registrar, direct that the invention and the manner in which it is to be performed shall be kept secret.

(4) Every application, specification, amendment of specification or drawing received at the patent office relating to any invention in respect of which such notice has been given shall be sealed up by the registrar and the contents of such application, specification, drawing or document shall not be divulged without the written permission of the Minister of Defence.

(5) Letters patent for the invention may be made out in the name of the inventor and sealed, but such letters patent shall be delivered to the Minister of Defence and not to the inventor and shall be the property of the Government, and no proceeding shall lie for the revocation of the patent.

(6) The communication of an invention to the Minister of Defence or to any person authorized by him to investigate the invention shall not, nor shall anything done for the purpose of the investigation by such person, be deemed publication or use of the invention so as to prejudice the grant or validity of any patent for the invention.

(7) The Minister of Defence may by notice in writing to the registrar direct that any invention directed to be kept secret need no longer be kept secret, and thereupon the specification and drawings may be published.

PART VII.-PATENT AGENTS.

Registration of Patent Agents.

69. (1) Any person resident in the Union on passing the prescribed examination and on paying to the registrar a fee of five pounds may be registered by him as a patent agent: Provided that a person who has been an officer in the patent office shall not be registered as a patent agent until at least twelve months have expired since he ceased to be such an officer.

(2) The name of any person registered as a patent agent may be removed from the register in the prescribed manner and on the prescribed grounds.

(3) Any person who proves to the satisfaction of the registrar that he was at the commencement of this Chapter bona fide practising as a patent agent in any part of the Union, and has been so practising for twelve months prior to such commencement, may, on complying with the prescribed conditions, be registered as a patent agent without passing the prescribed examination.

(4) Any person duly registered as a patent agent in any Province at the commencement of this Chapter may be registered as a patent agent without payment of any fee.

Attorneys May Practise as Patent Agents.

70. Every person entitled to practise as an attorney within any Province may practise as a patent agent and exercise such functions as are described in the next succeeding section without passing the prescribed examination and without being registered as a patent agent, but shall not be entitled to be registered as a patent agent except as prescribed by the last preceding section.

Functions of Patent Agent.

71. A registered patent agent may sign and make all communications between an applicant and the registrar and may represent an applicant at all attendances before the registrar or the law officer and shall have such other privileges as may be prescribed.

PART VIII.--MISCELLANEOUS PROVISIONS.

Fees.

72. (1) There shall be paid to the registrar in respect of the several matters set out in the Second Schedule to this Act the fees therein specified; and there shall be paid to him, in respect of other matters under this Chapter or the regulations, such fees as are prescribed.

(2) The Governor-General may, by proclamation in the Gazette, reduce the fees specified in the said Second Schedule.

User of Patents Granted to Two or More Persons Jointly.

73. Where, under this Act, a patent is granted to two or more persons jointly, each of such persons shall (subject to any contract to the contrary) be entitled to use the invention for his own profit without accounting to the others, but shall not be entitled to grant a licence without their consent; and if any such person dies, his beneficial interest in the patent shall devolve on his personal representatives as part of his estate.

Patents for Inventions Use Whereof Contrary to Law, etc., Not to Be Granted.

74. The registrar may refuse to grant a patent for an invention the use whereof would, in his opinion, be contrary to law or morality, but any person aggrieved by such refusal may appeal there from to the court, and the court may make an order determining whether, and subject to what conditions (if any) the grant may be made.

Use of Inventions for Navigation or Working of Ships Notwithstanding Invention Patented.

75. (1) A patent shall not prevent the use, within the territorial waters of the Union, of an invention for the purpose of navigation or working of a British ship registered at a port or place outside the Union, or of a foreign ship, or the use of an invention in any such vessel within those waters: Provided it is not

used therein for, or in connection with, the manufacture or preparation of anything intended to be sold in or exported from the Union.

(2) This section shall not extend to vessels of any British possession or foreign state of which the laws do not confer corresponding rights with respect to the use of inventions in British vessels while in the ports of that possession or state, or in the waters within the jurisdiction of its courts.

NOTE: In the July issue of the Review it is our intention to publish Chap. V, "General and Supplementary Provisions," being Arts. 141-195 of the Act.

United States.

Patents. Reissue Applications. Rule 75. Oath. Order No. 2,255, of May 18,

1915.

227 O. G., I.

DEPARTMENT OF THE INTERIOR,

UNITED STATES PATENT OFFICE,

Washington, D. C., May 18, 1916.

The oaths of reissue applications (Rules 46 and 87) and oaths under Rule 75 hereafter filed shall be submitted to a Law Examiner. His conclusion on the question of their sufficiency shall be binding on the Primary Examiner.

(Signed) THOMAS EWING,

Commissioner.

Patent Office. Branch at Panama-Pacific Exposition. Form of Letters Patent under "Kahn Act."

As a matter of interest we reproduce from 227 Official Gazette, 368, Certificate of Proprietorship No. 2 granted under the "Kahn Act" at the Branch United States Patent Office at the Panama-Pacific International Exposition. This is "the first application in which the Patent Office was interested" (see 14 P. & T. M.

Rev., 60), No. I being concerned with copyrights:

[No. 2.]

BRANCH REGISTRATION OFFICE,

UNITED STATES PATENT OFFICE,

PANAMA-PACIFIC INTERNATIONAL EXPOSITION,

San Francisco, Cal., December 2, 1915.

CERTIFICATE OF PROPRIETORSHIP.

This certifies that Linotype & Machinery, Limited, of London, England, has presented satisfactory proof showing it to be the proprietor of Letters Patent of the Kingdom of Spain, No. 22,989, dated September 17, 1898, for improvements in machinery for the manufacture of printing-type in the form of printing-bars, and No. 23,129, dated October 12, 1898, being an addition to Patent No. 22,989, and of Letters Patent of the United Kingdom of Great Britain and Ireland, No. 3,617, dated February 16, 1903, for improvements in linotype-machines; No. 26,355, dated November 12, 1910, for improvements in typographical line-casting machines; No. 6,483, dated March 15, 1912, for improvements in apparatus for separating individual components from a series and successively delivering them to other apparatus, and No 17,990, dated August 3, 1912, for improvements in or relating to the metalpots of typographical casting-machines. The type-casting and accessory machinery