Northern Nigeria. Proclamation of July 26, 1902. (Continued from p. 970.) REVOCATION. Revocation of Patent. 29. (1) No proceeding by scire facias to repeal a patent shall be taken. (2) Revocation of a patent may be obtained on petition to the Court. (3) Every ground on which a patent might, at the commencement of this Proclamation, be repealed by scire facias shall be available by way of defence to an action for an infringement and shall also be a ground of revocation. (4) A petition for revocation of a patent may be presented by— (a) The Attorney-General; (b) Any person authorised by the Attorney-General; (c) Any person alleging that the patent was obtained in fraud of his rights, or of the rights of any person under or through whom he claims; (d) Any person alleging that he, or any person under or through whom he claims, was the true inventor of any invention included in the claim of the patentee; (e) Any person alleging that he, or any person under or through whom he claims an interest in any trade, business, or manufacture, had publicly manufactured, used, or sold, within this Protectorate, before the date of the patent, anything claimed by the patentee as his invention. (5) The plaintiff must deliver with his petition particulars of the objections on which he means to rely; and no evidence shall, except by leave of the Court, be admitted in proof of any objection of which particulars are not so delivered. (6) Particulars delivered may be from time to time amended by leave of the Court. (7) The defendant shall be entitled to begin, and give evidence in support of the patent; and if the plaintiff give evidence impeaching the validity of the patent, the defendant shall be entitled to reply. (8) Where a patent has been revoked on the ground of fraud, the Registrar may, on the application of the true inventor made in accordance with the provisions of this Proclamation, grant to him a patent in lieu of and bearing the same date as the date of revocation of the patent so revoked, but the patent so granted shall cease on the expiration of the term for which the revoked patent was granted. CROWN. Patent to Bind Crown. 30. A patent shall have to all intents the like effect as against His Majesty the King, His heirs and successors, as it has against a subject, excepting always that the High Commissioner may at any time after the application, use the invention for the services of the Crown, on terms to be before or after the use thereof agreed on between the High Commissioner and the patentee, or, in default of such agreement, on such terms as may be settled by the Court after hearing all parties interested. LEGAL PROCEEDINGS. Hearing with Assessors. 31. (1) In an action or proceeding for infringement or revocation of a patent, the Court may, if it think fit, or on the request of either of the parties to the proceeding, call in the aid of an assessor specially qualified, and try and hear the case wholly or partially with his assistance; (2) The remuneration, if any, to be paid to an assessor under this section shall be determined by the Court and be paid in the same manner as the other expenses of the execution of this Proclamation. Delivery of Particulars. 32. (1) In an action for infringement of a patent, the plaintiff must deliver with his statement of claim, or, by order of the Court at any subsequent time, particulars of the breaches complained of. (2) 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. (3) If the defendant dispute the validity of the patent, the particulars delivered by him must state on what grounds he disputes it, and if one of those grounds is want of novelty must state the time and place of the previous publication or user alleged by him. (4) At the hearing no evidence shall, except by leave of the Court, be admitted in proof of any alleged infringement or objection of which particulars are not so delivered. (5) Particulars delivered may be from time to time amended by leave of the Court. (6) On taxation of costs regard shall be had to the particulars delivered by the plaintiff and by defendant, and they respectively shall not be allowed any costs in respect of any particular delivered by them, unless the same is certified by the Court to have been proved or to have been reasonable and proper, without regard to the general costs of the case. Order for Inspection, &c., in Action. 33. In an action for infringement of a patent, the Court may, on the application of either party, make such order for an injunction, inspection, or account, and impose such terms and give such directions respecting the same and the proceedings thereon as the Court may see fit. Certificate of Validity Questioned and Costs Thereon. 34. In an action for an infringement of a patent, the Court may certify that the validity of the patent came in question; and if the Court so certify, 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 solicitor and client, unless the Court trying the action also certifies that he ought not to have the same. Remedy in Case of Groundless Threats of Legal Proceedings. 35. 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 manufacture, use, sale, or purchase of the invention, any person or persons aggrieved thereby may bring an action against him, and may obtain an injunction against the continuance of such threats, and may recover such damage (if any) as may have been sustained thereby, if the alleged manufacture, use, sale, or purchase to which the threats related was not in fact an infringement of any legal rights of the person making such threats: Provided that this section shall not apply if the person making such threats with due diligence commence and prosecute an action for infringement of his patent. MISCELLANEOUS. Licensed Patents Agents. 36. It shall be lawful for the Registrar, with the sanction of the High Commissioner, to license fit and proper persons to be patent agents for transacting business under the provisions of this Proclamation, and, upon proof to the Fegistrar's satisfaction of the malfeasance or incapacity of any such licensed patent agent, or on non-payment of any annual fee for any such licence, as prescribed by the Second Schedule hereto, and with such sanction as aforesaid, to revoke any such licence. Patent for One Invention Only. 37. Every patent may be in the form in the First Schedule to this Proclamation, and shall be granted for one invention only, but may contain more than one claim; but it shall not be competent for any person in an action or other proceeding to take any objection to a patent on the ground that it comprises more than one invention. Patent on Application of Representative of Deceased Inventor. 38. (1) If a person possessed of an invention for which he is entitled to obtain a patent die without making application for a patent for the invention, application may be made by, and a patent for the invention granted to, the legal representative of the inventor. (2) Every such application must be made within six months of the decease of such person, and must contain a declaration by the legal representative that he believes such person to be the true and first inventor of the invention. Patent to First Inventor Not Invalidated by Application in Fraud of Him. 39. A patent granted to the true and first inventor shall not be invalidated by an application in fraud of him, or by provisional protection obtained thereon, or by any use or publication of the invention subsequent to that fraudulent application during the period of provisional protection. Assignment of Patent for Particular Place. 40. A patentee may assign his patent for the whole of the Protectorate or any place in or any part thereof. Loss or Destruction of Patent. 41. If a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the Registrar, the Registrar, may at any time cause a triplicate thereof to be sealed and delivered to the person entitled thereto. (To be continued.) 1 No Patent Solicitors' Library is Complete Without APPLETON'S Cyclopedia of Applied Mechanics Edited by PARK BENJAMIN, Ph.D., LL.B. A Magnificent Set in Three Vols. fully Illustrated. Handsomely bound in half morocco, each volume containing over 900 pages, with nearly 8,000 engravings. Each Vol. 10X7X2. Weight 20 lbs. HE Regular Price, $22.50 Our SPECIAL PRICE, $12.00 ERETOFORE the publishers' price of this work has never been less than $22.50 in the cheapest binding, and it has been sold only by subscription. 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