Lapas attēli

tions, copies of specifications, provisional specifications, petitions, notices, and other documents left at the office of the Commissioners, and the signatures of petitioners or agents, must be written in a large and legible hand. (16.)

116. NOTICE TO PROCEED MUST BE GIVEN EIGHT WEEKS, AND APPLICATION FOR WARRANT TWELVE CLEAR DAYS BEFORE END OF PROVISIONAL PROTECTION.—The notice of the applicant to proceed for letters patent must be left at the office eight weeks at least before the expiration of the provisional protection, and the application for the warrant of the law officer and for the letters patent must be made at the office twelve clear days at least before the expiration of the provisional protection. But the Lord Chancellor reserves to himself the power to grant a further extension of time under the special circumstances provided for by the 6th § of the 16 and 17 Vict., ch. 115. (See Instruction 29, ib.)

117. PROVISIONAL SPECIFICATIONS, AFTER SIX MONTHS, AND ALL OTHER DOCUMENTS OPEN FOR PUBLIC INSPECTION. True copies of provisional specifications, after the expiration of six months, and of all other specifications, disclaimers, and memoranda of alterations, are to be open to public inspection at the offices in London, Edinburgh, and Dublin.

118. DOCUMENTS TO BE PRINTED AND SOLD AND INDEXES OPEN FOR PUBLIC INSPECTION.—Specifications, disclaimers, and memoranda of alterations are to be printed and sold at such prices as the Commissioners shall direct. [This price is fixed by the Commissioners' rules at twopence for every ninety words.] Indexes of all patents and documents relating thereto are also to be prepared,

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and to be open for public inspection and for sale, and printed copies of patents and other documents are to be received as evidence in courts of law. (S$ 30, 32, 33.)

119. PRINTED OR MANUSCRIPT COPIES, &c., WITH COMMISSIONERS' SEAL, AND DOCUMENTS RECORDED AND FILED, EVIDENCE IN COURTS OF Law.-But by the 4th § of the 16 and 17 Vict., ch. 115, it is declared that printed or manuscript copies, or extracts certified and sealed with the seal of the Commissioners, specifications, disclaimers, and all other documents recorded and filed at the office, are to be received as evidence in all the courts of the United Kingdom, and other places to which the patent shall extend, without the production of the originals.

120. CHRONOLOGICAL REGISTER OF DOCUMENTS TO BE KEPT, INCLUDING LICENSES; COPY OF LICENSE MAY BE HAD, such COPY TO BE EVIDENCE.—A chronological register of patents and other documents shall be kept and be open to public inspection, and also a register of proprietors, to include the assignment of any patent or share thereof, any license under letters patent, with the district to which such license relates, and any other matter affecting the proprietorship of lettera patent; and a copy of such entry, properly certified, shall be given to any applicant on payment of a fee, the copy to be evidence. Until such entry shall have been made, the grantee of the patent is to be considered the sole proprietor. Copies of the registers are to be kept at Edinburgh and Dublin. (S$ 34, 35.)

121. ANY NUMBER OF PERSONS MAY BE INTERESTED IN A PATENT.- A larger number than twelve may have a legal interest in a patent. ($ 36.)




Falsification of the register of proprietors is a misde

($ 37.) 123. ENTRIES IN REGISTER MAY BE EXPUNGED BY JUDGE'S ORDER.-Entries in the registry of proprietors may be expunged by application to Master of the Rolls, or any common law court. The costs of such application to be paid as the judge shall decree. (8 38.)

124. DISCLAIMERS.—The provisions of the 5 and 6 Wm. IV, ch. 83, and 7 and 8 Vict., ch. 69, relating to disclaimers and memoranda of alterations in letters patent and specifications, to apply to this act, except as hereafter provided. By the common law, letters patent became wholly void for any partial defect; for instance, the want of novelty in a very small part. The act of 5 and 6 Wm. IV, ch. 83, allows a patentee to put in a disclaimer of any part of either the title or specification, stating the reason for such disclaimer, or enter a memorandum of alteration; but any other person may enter a caveat against such disclaimer or memorandum of alteration, the caveat giving the objector a right to be heard in opposition to the disclaimer or alteration. In case of no opposition, or of the disallowance of any caveat, the disclaimer or memorandum of alteration may be filed and enrolled, and be deemed part of the letters patent and specification. ($ 39.) But the disclaimer or alteration is not to affect any action pending at the time, and the law officer to whom the case shall be referred may require the party applying to advertise such disclaimer or alteration. (16.) The 7 and 8 Vict. allows a patentee the same faculty of disclaimer or alteration in concert with any party to whom he may have wholly or in part transferred a property in his patent. (16.)


125. CONFIRMATION AND PROLONGATION OF A PATENT. The provisions of the 5 and 6 Wm. IV, ch. 83, and the 2 and 3 Vict., ch. 67, and the 7 and 8 Vict., ch. 69, as to confirmation and prolongation of patents, are to apply to patents under this act. The new letters patent are to be available only for such places as the original patent extended to, and are to bear date on the day after the expiration of the term of the original letters patent. ($ 40.) The fourth section of the act of William enacts, that any patentee may advertise three times in the London Gazette, and in three London papers, and three times in some country paper, of or near the town where he may reside or carry on his manufacture, (or in some paper published in the county where he carries on his manufacture or lives, in case there should be no paper in the town,) his intention to petition the Privy Council for a prolongation of his patent, and that any other person may enter a caveat at the council's office. Thereupon the case may be heard before the judicial committee of the Privy Council, and should the report of the committee be in favor of the patentee, the patent may be prolonged for seven years. The second section of the 2 and 3 Vict., ch. 67, allows a patentee to obtain an extension of his patent, though the application for such extension may not have been prosecuted with effect before the expiration thereof. But the petition must be presented six calendar months at least before the expiration of the original patent. The second section of the 7 and 8 Vict., ch. 69, extends the term for which a patent may be prolonged to fourteen years.

126. INFRINGEMENT.—In actions for infringement of patents the plaintiff is to deliver with his declaration the particulars of the breaches complained of, and the defendant shall also deliver with his pleas particulars of any objection on which he means to rely, and at the trial no eridence shall be allowed not contained in such particulars. Similar particulars are obligatory on any proseciltor seeking to repeal the patent. The prosecutor must also particularize the place or places where, and the manner in which, the invention is alleged to have been used prior to the date of the letters patent. But the judge may allow the plaintiff, defendant, or prosecutor to amend his particulars. The defendant, in any suit for repealing his patent, has a right to begin and give evidence of his case, and be entitled to reply. ($ 41.)

127. JUDGE'S ORDER IN CASE OF INFRINGEMENT.-The judge of any court where an action may be brought for infringement of patent to make order for injunction, inspection, or account, and give such directions respecting the action, &c., as the court or judge may see fit. ($ 42.)

128. TAXING COSTS IN CASE OF INFRINGEMENT.-In taxing costs in actions for infringement regard is to be had to the particulars delivered in such actions, and costs are only to be allowed on such particulars as the judge may certify to. Other enactments are also made respecting taxed costs. (S 43.)

129. SCHEDULES OF FEES AND STAMP DUTIES.-Fees and stamp duties are to be paid according to schedule annexed to the act.

The stamp duties are to be under the management of the Commissioners of Inland Revenue, and the fees to be paid into the Exchequer, and form part of the consolidated fund. (S$ 44, 45, 46.)

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