The Patents, Designs, and Trade Marks Act, 1883 (46 & 47 Vict. C. 57) with the Rules and Instructions: Together with Pleadings, Orders, and Precedents

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Stevens and Sons, 1884 - Copyright - 429 pages

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Contents

SECT PAGE 10 Advertisement on acceptance of complete specification
16
Sealing of patent
20
Date of patent
23
Protection by Complete Specification 15 Effect of acceptance of complete specification
24
Extent of patent
25
Amendment of Specification 18 Amendment of specification
27
Bright Morton v L R 4 Ch 292 20 L T 961
31
Power to disclaim part of invention during action c
32
Advertisement of amendinent
33
Register of Patents 23 Register of patents
35
Fees in schedule
37
SECT PAGE 26 Revocation of patent
44
Patent to bind Crown
46
Legal Proceedings
47
Hearing with assessor 17
48
Order for inspection c in action
52
Information as to existence of copyright
53
Broadbent Gardner v 4 W R 767 2 Jur N S 1041
54
Certificate of validity questioned and costs thereon
56
Remedy in case of groundless threats of legal proceedings
57
Patent for one invention only
58
Patent on application of representative of deceased in ventor
59
Assignment for particular places
60
Exhibition at industrial or international exhibition not to prejudice patent rights
61
Publication of illustrated journal indexes c
62
Patent Museum
64
Foreign vessels in British waters
65
Assignment to Secretary for War of certain inventions
66
Existing Patents 45 Provisions respecting existing patents
68
Definitions of patent patentee and invention
69
Clementson 12 Ch D 714
73
Register of Designs
79
Patent Office
82
Registration of Trade Marks SECT PAGE 62 Application for registration
86
Definition of proprietor
88
Limit of time for proceeding with application
89
Walmsley L R 1 Eq 518 90 105
90
Exercise of discretionary power by comptroller
94
Connection of trade mark with goods
95
Trade marks may be registered in any colour
96
Assignment and transmission of trade mark
98
Conflicting claims to registration
99
Further restriction on registration
100
Saving for power to provide for entry on register of common marks as additions to trade marks
101
Effect of Registration 75 Registration equivalent to public use
102
Right of first proprietor to exclusive use of trade mark
103
Register of Trade Marks 78 Register of trade marks
110
Removal of trade mark after fourteen years unless fee paid
111
Fees for registration c
113
Scotland Ireland
125
Provision as to days for leaving documents at office
132
SECT PAGE 107 Saving for Courts in Scotland
139
Proceedings for revocation of patent in Scotland
140
Isle of Man
141
Repeal Transitional Provisions Savings 113 Repeal and saving for past operation of repealed enact ments c
142
Saving for existing rules
143
The First SCHEDULE Forms of Application c
145
The SECOND SCHEDULE Fees on instruments for ob taining Patents and Renewal
153
The THIRD SCHEDULE Enactments repealed
154
PATENTS RULES RULES 1 Short title
157
Fees
158
Agency
159
Industrial c exhibitions
160
Transmission of certified printed copies of specifica
171
P Request for correction of clerical error
205
R Notice of alteration of address
206
T Notice of appeal to law officer
207
DESIGNS RULES RULE 1 Commencement
208
Forms
209
Sketches and drawings of design
210
1315 Hearing by comptroller
211
Registering design
212
Registering body corporate
213
Amendment of documents
214
Inspection
215
Exhibition of unregistered design
216
FIRST SCHEDULE TO DESIGNS RULES
222
Brotherhood Halsey v 19 Ch D 386 51 L J Ch 233
233
TRADE MARKS RULES
234
RULES PAGE 12 Requirement in case of metal goods
236
Number of representations in case of a series
237
Exercise of discretionary powers
238
2527 Advertisement of registration
239
Advertisement of a series
240
Date of registration
241
Registering trade mark
242
Registration of body corporate
243
Settlement of special case
244
Alteration of address
245
Dispensing with evidence
246
5356 Cutlers Company
247
Certificates
248
Repeal of former rules
249
TRADE MARKS INSTRUCTIONS
250
PARA PAGE 3 List of stamped forms
252
46 Sale of Act and rules and journal
253
PARA
254
Searches by comptroller
255
Separate application for each class
256
Additional representations
257
Common marks
258
2931 Restrictions on registration
259
Mark indicating goods to which it is applied
260
Objection to security for costs
262
Office at Manchester for search
263
Subsequent proprietors
264
Address of comptroller 250
265
SECOND SCHEDULE TO TRADE MARKS RULES TRADE MARKS FORMS
268
F Application for registration
269
G Additional representation
270
H Notice of appeal to Board of Trade
271
Transmission of fee
272
J Notice of opposition
273
K Application to register subsequent proprietor
274
Request for certificate of refusal
275
Application for alteration of address
276
T1 Application for general certificate
283
THIRD SCHEDULE TO TRADE MARKS RULES
289
APPENDIX
301
APPENDIX
320
INDEX TO OTHER PRECEDENTS
339
APPENDIX D
362
Annual reports of comptroller
370
International arrangenients for protection of inventions
388
Fees paid by stamped forms 250
392
Offences
400
Redgate Ex parte L R 4 Ch 577 38 L J
18

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Page 68 - ... the true and first inventor and inventors of such manufactures, which others at the time of making such letters patent and grants shall not use, so as also they be not contrary to the law, nor mischievous to the State, by raising prices of commodities at home, or hurt of trade, or generally inconvenient...
Page 347 - means the Act of the session of the eleventh and twelfth years of the reign of Her present Majesty, chapter forty-three, intituled " An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales, with respect to summary convictions and orders...
Page 131 - Copies of all specifications, drawings, and amendments, left at the Patent Office after the commencement of this Act, printed for and sealed with the seal of the Patent Office, shall be transmitted to the Edinburgh museum of science and art, and to the enrolments office of the chancery division in Ireland, and to the...
Page 133 - Act, and shall (subject as hereinafter mentioned) be of the same effect as if they were contained in this Act, and shall be judicially noticed.
Page 186 - Petitioner 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...
Page 426 - ARBITRATION.— Russell's Treatise on the Duty and Power of an Arbitrator, and the La"w of Submissions and Awards ; with an Appendix of Forms, and of the Statutes relating to Arbitration. By FRANCIS RUSSELL, Esq., MA, Barrister-at-Law.
Page 135 - It shall be lawful for Her Majesty from time to time, by Order in Council, to revoke and vary any Order in Council made under this section.
Page 68 - ... for the term of fourteen years or under, hereafter to be made, of the sole working or making of any manner of new manufactures within this realm to the true and first inventor and inventors of such manufactures, which others at the time of making such letters patent and grants shall not use...
Page 148 - ... hereby granted shall determine and become void notwithstanding anything herein-before contained : Provided also that nothing herein contained shall prevent the granting of licences in such manner and for such considerations as they may by law be granted : And lastly, we do by these presents for us, our heirs and successors, grant unto the said patentee that these our letters patent shall be construed in the most beneficial sense for the advantage of the said patentee.

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