Lapas attēli
PDF
ePub

operation, a point worthy of consideration, since the six months of provisional protection form part of the term for which the patent is granted.]

136. FORM OF COMPLETE SPECIFICATION.

To all to whom these presents shall come:

[merged small][ocr errors][merged small]

send greeting:

Whereas I am in possession of an invention for (here insert title), and have petitioned Her Majesty to grant unto me, my executors, administrators, and assigns, her royal letters patent for the same, and have made solemn declaration that I really believe myself to be the first and true inventor thereof: Now, know ye that I, the said , do hereby declare that the following complete specification, under my hand and seal, fully describes the nature of my said invention and the manner in which the same is to be performed (that is to say): [Here insert description.] Dated this

day of

[ocr errors]

A. D.

[To be signed by applicant or his agent.] [The drawing up of the complete specification is an operation which requires the utmost care, skill, and attention on the part of the person undertaking so delicate a duty, for the validity of the patent will depend on this document being clear, explicit, and circumstantial. Few inventors will venture to assume a task which is calculated to try the capacity and experience of the most able professional man. "In the specification the invention must be accurately ascertained and particularly described; it must be set forth in the most minute detail. The disclosure of the secret is considered as the price which the patentee pays for this limited monopoly, and therefore it ought to be full and correct, (for the benefits thus secured to him are great and certain,) in order that the subject of his patent may, at its expiration, be well known, and that the public may reap from it the same advantages as have accrued to him." (Godson on Patents, ch. iv.)

In the case of mechanical inventions drawings are almost always necessary, but they are merely intended to illustrate the description, so as to make it more clearly understood; but the law requires that the specification itself should be so explicit, that any one acquainted with the subject should be able to carry out the invention without any other aid. Want of sufficient exactness in this respect would therefore be a ground for invalidating a patent.]

137. REFERENCE TO LAW OFFICER, (EITHER ATTORNEY OR SOLICITOR GENERAL FOR ENGLAND.)-Having complied with the requirements of the act in all these respects, the application is then referred to one of the law officers, (practically either the Attorney or Solicitor General for England,) and, if he is satisfied with the accuracy and propriety of the description. he grants a certificate of protection for six months, which is generally published in the London Gazette on the Friday after.

138. NOTICE TO PROCEED TO BE ON £5 STAMP, AND MADE TWO MONTHS BEFORE END OF PROVISIONAL PROTECTION.The next step is the notice to proceed, which must be on a £5 stamp, and be deposited at the office at least two months before the expiration of the six months' protection. This is usually published in the ensuing Tuesday's Gazette, accompanied by a notice, "that all parties having an interest in opposing such application are at liberty to leave particulars in writing of their objections to such application at the office of the Commissioners within twenty-one days after the date of the Gazette in which the notice is issued." Should no opposition appear within this period, application may be made for the

warrant for letters patent. This must be done at least twelve days before the protection expires. The warrant will be issued in due course.

139. FORM OF WARRANT.

, of

In humble obedience to Her Majesty's command, referring to me the petition of to consider what may be properly done therein, I do hereby certify as follows: That the said petition sets forth that the petitioner [here follow the allegations of the petition], and the petitioner prays [prayer of the petitioner]:

That in support of the allegations contained in the said petition the declaration of the petitioner has been laid before me, whereby he solemnly declares that [here follow the allegations of the declaration]:

[ocr errors]

That there has also been laid before me [a provisional specification, signed and also a certificate ,] or [a complete specification, and a certificate of the filing thereof], whereby it appears that the said invention was provisionally protected [or protected] from the day of A. D. , in pursuance of the statute.

That it appears that the said application was duly advertised.

Upon consideration of all the matters aforesaid, and as it is entirely at the hazard of the said petitioner whether the said invention is new or will have the desired success, and as it may be reasonable for Her Majesty to encourage all arts and inventions which may be for the public good, I am of opinion that Her Majesty may grant her royal letters patent unto the petitioner, his executors, administrators, and assigns, for his said invention, within the United Kingdom of Great Britain and Ireland, the Channel Islands, and Isle of Man, [colonies to be mentioned, if any,] for the term of fourteen years, according to the statute in that case made and provided, if Her Majesty shall be graciously pleased so to do, to the tenor and effect following: [See next form.]

Given under my hand this day of

140. FORM OF LETTERS PATENT.

A. D.

Victoria, by the grace of God of the United Kingdom of Great Britain

and Ireland Queen, Defender of the Faith:

To all to whom these presents shall come, greeting:

Whereas

hath by his petition humbly represented unto us which the peti

that he is in possession of an invention for tioner conceives will be of great public utility; that he is the true and first inventor thereof; and that the same is not in use by any other person or

persons, to the best of his knowledge and belief. The petitioner therefore most humbly prayed that we would be graciously pleased to grant unto him, his executors, administrators, and assigns, our royal letters patent for the sole use, benefit, and advantage of his said invention, within our United Kingdom of Great Britain and Ireland, the Channel Islands, and Isle of Man, [colonies to be mentioned, if any,] for the term of fourteen years, pursuant to the statutes in that case made and provided:

[And whereas the said hath particularly described and ascertained the nature of the said invention, and in what manner the same is to be performed, by an instrument in writing under his hand and seal, and has caused the same to be duly filed in ]:

And we, being willing to give encouragement to all arts and inventions which may be for the public good, are graciously pleased to condescend to the petitioner's request: Know ye, therefore, that we, of our especial grace, certain knowledge, and mere motion, have given and granted, and by these presents, for us, our heirs and successors, do give and grant unto the said his executors, administrators, and assigns, our especial license, full power, sole privilege and authority, that he, the said his executors, administrators, and assigns, and every of them, by himself and themselves, or by his and their deputy or deputies, servants or agents, or such others as he, the said his executors, administrators, or

[ocr errors]
[ocr errors]
[ocr errors]

assigns, shall at any time agree with, and no others, from time to time, and at all times hereafter during the term of years herein expressed, shall and lawfully may make, use, exercise, and vend his said invention within our United Kingdom of Great Britain and Ireland, the Channel Islands, and Isle of Man, in such manner as to him, the said his executors, administrators, and assigns, or any of them, shall in his or their discretion seem meet; and that he, the said his executors, administrators, and assigns, shall and lawfully may have and enjoy the whole profit, benefit, commodity, and advantage, from time to time coming, growing, accruing, and arising by reason of the said invention, for and during the term of years herein mentioned; to have, hold, exercise, and enjoy the said licenses, powers, privileges, and advantages, herein before granted or mentioned to be granted, unto the said , his executors, administrators,

1

and assigns, for and during and unto the full end and term of fourteen years from the

day of

A. D.

[ocr errors]

next and immediately

ensuing, according to the statute in such case made and provided; and to the end that he, the said his executors, administrators, and assigns, and every of them, may have and enjoy the full benefit and the sole use and exercise of the said invention, according to our gracious inten

tion herein before declared, we do by these presents, for us, our heirs and successors, require and strictly command all and every person and persons, bodies politic and corporate, and all other our subjects whatsoever, of what estate, quality, degree, name, or condition soever they be, within our United Kingdom of Great Britain and Ireland, the Channel Islands, and Isle of Man, colonies to be mentioned, if any,] that neither they nor any of them, at any time during the continuance of the said term of fourteen years hereby granted, either directly or indirectly, do make, use, or put in practice the said invention, or any part of the same, so attained unto by the said as aforesaid, nor in anywise counterfeit, imitate, or resemble the same, nor shall make, nor cause to be made, any addition thereunto or subtraction from the same, whereby to pretend himself or themselves the inventor or inventors, deviser or devisers thereof, without the consent, license, or agreement of the said his executors, administrators, or assigns, in writing, under his or their hands and seals, first had and obtained in that behalf, upon such pains and penalties as can and may be justly inflicted on such offenders for their contempt of this our royal command, and further to be answerable to the said , his executors, administrators, and assigns, according to law, for his and their damages thereby occasioned.

[ocr errors]

And, moreover, we do by these presents, for us, our heirs and successors, will and command all and singular the justices of the peace, mayors, sheriffs, bailiffs, constables, headboroughs, and all other officers and ministers whatsoever, of us, our heirs and successors, for the time being, that they or any of them do not, nor shall at any time during the said term hereby granted, in anywise molest, trouble, or hinder the said , his executors, administrators, or assigns, or any of them, or his or their deputies, servants, or agents, in or about the due and lawful use or exercise of the aforesaid invention or anything relating thereto: Provided always, and these our letters patent are and shall be upon this condition, that if, at any time during the said term hereby granted, it shall be made to appear to us, our heirs or successors, or any six or more of our or their Privy Council, that this our grant is contrary to law, or prejudicial or inconvenient to our subjects in general, or that the said invention is not a new invention as to the public use and exercise thereof, or that the said is not the true

and first inventor thereof within this realm as aforesaid, these our letters patent shall forthwith cease, determine, and be utterly void, to all intents and purposes, anything hereinbefore contained to the contrary thereof in anywise notwithstanding: Provided also that these our letters patent, or anything herein contained, shall not extend or be construed to extend to

« iepriekšējāTurpināt »