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Sects. (see sects. 7, 9, and 17); amendment of specifications 94-96. (sect. 18); registration of designs (sect. 47), and trade marks (sect. 62).
Power of comptroller
The comptroller is required to give ten days' notice before he exercises his power adversely to the applicant. Within five days from the date when such notice would be delivered in the ordinary course of post, the applicant is to notify to the comptroller whether or not he intends to be heard upon the matter. For form of such notice in case of patents, see Patents Forms, E. The decision of the comptroller is to be notified to the applicant. See Patents Rules, 11-13, Designs Rules, 13-15, Trade Marks Rules, 17, 19.
95. The comptroller may, in any case of doubt or difficulty arising in the administration of any of the directions provisions of this Act, apply to either of the law officers for directions in the matter.
of law officers.
of comptroller to
- be evidence.
The law officers are the attorney-general and solicitorgeneral for England (sect. 117).
96. A certificate (a) purporting to be under the hand of the comptroller as to any entry, matter, or thing which he is authorised by this Act, or any general rules made thereunder, to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left undone.
Several kinds of certificates are referred to in the Act. In regard to patents, there is (1) the certificate of renewal (Patents Rules, 42, Forms, J.); and (2) a certificate under this section (Patent Forms, Q.). Where such certificate is given, the purposes for which the certificate is to be used will probably require to be stated as in the case of trade marks (see infra).
As to designs, there is (1) the certificate of registration, sect. 49 (Designs Forms, G.); and (2) a certificate. under this section (Designs Rules, 34; Forms, J.).
The purposes for which the certificate is required must be stated in the application (Designs Rules, 34).
(a) Fee for such certificate is 5s. See First Schedule to Rules.
In relation to trade marks the comptroller's certificate Sects. is of four kinds, viz. :—
1. For use in legal proceedings. (For application form, Trade see Trade Marks Forms, R.).
2. For use in applying for registration in foreign. countries. (For application form, see Trade Marks Forms, S.).
3. Of any application made, and of proceedings thereon. (For application form, see Trade Marks Forms, T.).
4. Of refusal to register an old mark. (For application form, see Trade Marks Forms, L.).
The person applying is to state for what purposes he requires the certificate. Two unmounted copies of each mark for which the certificate is required are to accompany the form of application. In the case of cotton marks and coloured marks the two unmounted copies of the mark must agree in every respect with the representations that formed part of the application for registration (Trade Marks Instructions, 39–41).
97. (1.) Any application, notice, or other docu- Applicament authorised or required to be left, made, or notices by given at the patent office or to the comptroller, or to post. any other person under this Act, may be sent by a prepaid letter through the post; and if so sent shall be deemed to have been left, made, or given respectively at the time when the letter containing the same would be delivered in the ordinary course of post.
(2.) In proving such service or sending, it shall be sufficient to prove that the letter was properly addressed and put into the post.
This section also forms rule 19 of the Patents Rules, rule 12 of the Designs Rules, and rule 16 of the Trade Marks Rules.
By sect. 13, every patent is to be sealed as of the day of application. Where the application is made by letter, it is by this section to be taken as made at the time when the letter would be delivered in the ordinary course of post, even though it is never actually received. All applicants who send any application, notice, or other document, by post ought to keep exact particulars to show that the
Sects. letter was properly addressed and duly posted. This wil 97-99. best be done by retaining a copy of the address, the name of the person who posted the letter, and the place where posted. The person employed to post the letter should also be required to make a note of the same particulars.
98. Whenever the last day fixed by this Act, or as to days by any rule for the time being in force, for leaving for leaving documents any document or paying any fee at the patent office shall fall on Christmas Day, Good Friday, or on a Saturday or Sunday, or any day observed as a holiday at the Bank of England, or any day observed as a day of public fast or thanksgiving, herein referred to as excluded days, it shall be lawful to leave such document or to pay such fee on the day next following such excluded day, or days if two or more of them occur consecutively.
On the days above mentioned, the Patent Office is closed (Patents Rules, 7).
The days now observed as holidays at the Bank of England are Easter Monday, Whit Monday, first Monday in August, and December 26th.
99. If any person is, by reason of infancy, lunacy, by infant, or other inability, incapable of making any declaration or doing anything required or permitted by this Act or by any rules made under the authority of this Act, then the guardian or committee (if any) of such incapable person, or if there be none, any person appointed by any Court or judge possessing jurisdiction in respect of the property of incapable persons, upon the petition of any person on behalf of such incapable person, or of any other person interested in the making such declaration or doing such thing, may make such declaration, or a declaration as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of such incapable person, and all acts done by such substitute shall for the purposes of this Act be as
TRANSMISSION OF SPECIFICATIONS TO SCOTLAND.
effectual as if done by the person for whom he is Sects. substituted. 99, 100.
This section formed rule 67 of the rules under the Trade Marks Registration Act, 1875.
By rule 77 of the Patents Rules, rule 29 of Designs Rules, and rule 50 of Trade Marks Rules, where any person is required to do any act or thing, or to sign any document, or to make any declaration on behalf of himself or of any body corporate, or any document or evidence is required to be produced or left at the Patent Office, and it is shown to the satisfaction of the comptroller that from any reasonable cause such person is unable to do such act or thing, or to sign such document, or make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the comptroller, with the sanction of the Board of Trade, and upon the production of such other evidence, and subject to such terms as they may think fit, to dispense with any such act or thing, document, declaration, or evidence.
100. Copies of all specifications, drawings, amendments left at the patent office after the mencement of this Act, printed for and sealed the seal of the patent office, shall be transmitted to specificathe Edinburgh Museum of Science and Art, and to tions, &c. the Enrolments Office of the Chancery Division in Ireland, and to the Rolls Office in the Isle of Man, within twenty-one days after the same shall respectively have been accepted or allowed at the patent office; and certified copies of or extracts from any such documents shall be given to any person requiring the same on payment of the prescribed fee (a) and any such copy or extract shall be admitted in evidence in all Courts in Scotland and Ireland and in the Isle of Man without further proof or production of the originals.
(a) For office copies, 4d. for every 130 words, but never less
than 1s. For certifying, 1s.
This section only relates to patents. The copy or ex100, 101. tract of the sealed copies granted under this section does not require to be sealed.
rules for classifying goods and regulating business of Patent Office.
101. (1.) The Board of Trade may from time to time make such general rules and do such things as they think expedient, subject to the provisions of this Act:
(a.) For regulating the practice of registration under this Act:
(b.) For classifying goods for the purposes of designs and trade marks:
(c.) For making or requiring duplicates of specifications, amendment, drawings, and other documents.
(d.) For securing and regulating the publishing and selling of copies, at such prices and in such manner as the Board of Trade think fit, of specifications, drawings, amendments, and other documents:
(e.) For securing and regulating the making, printing, publishing, and selling of indexes to, and abridgments of, specifications and other documents in the patent office; and providing for the inspection of indexes and abridgments and other documents:
(f.) For regulating (with the approval of the Treasury) the presentation of copies of patent office publications to patentees and to public authorities, bodies, and institutions at home and abroad:
(g.) Generally for regulating the business of the patent office, and all things by this Act placed under the direction or control of the comptroller, or of the Board of Trade.
(2.) Any of the forms in the first schedule to this Act may be altered or amended by rules made by the Board as aforesaid.