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Notice by applicant.
12. Within five days from the date when such notice would be delivered in the ordinary course of post (a), or such longer time as the Comptroller may appoint in such notice, the applicant (b) shall notify to the Comptroller whether or not he intends to be heard upon the matter (c).
(a) If applicant does not receive notice, he will be made aware of it on receiving notice under Rule 14.
(b) For definition of applicant see Rule 15.
(c) For Form of Notice see Patents Forms, E.
13. Whether the applicant (a) desires to be heard or not the Comptroller may at any time require him to submit quire state- a statement in writing within a time to be notified by the ment, &c. Comptroller, or to attend before him and make oral explanations with respect to such matters as the Comptroller may require.
be notified to parties.
(a) See Rule 15.
14. The decision or determination of the Comptroller in the exercise of any such discretionary power as aforesaid shall be notified by him to the applicant (a), and any other person affected thereby (b).
(a) See Rule 15.
(b) E.g., to another applicant for the same invention.
15. The term "applicant" in Rules 11, 12, and 13 of "appli- shall include an applicant whose specification bears a title the same as or similar to that of the specification of a prior applicant, and has been reported on (a) by the
Prior and second
(a) See S. 7.
16. Such prior and second applicant respectively may attend the hearing of the question whether the invention applicant may attend comprised in both applications is the same, but neither hearing. party shall be at liberty to inspect the specification of the other.
As to the rights of prior and subsequent applicants see S. 7, Subs. (5).
17. Any person desirous of exhibiting an invention at an industrial or international exhibition, or of publishing
any description of the invention during the period of the national holding of the exhibition, or of using the invention for tions. the purpose of the exhibition in the place where the exhibition is held shall, after having obtained from the Board of Trade a certificate (a), that the exhibition is an industrial or international one, give to the Comptroller seven days' notice (b) of his intention to exhibit, publish, or use the invention, as the case may be.
For the purpose of identifying the invention in the event of an application for a patent being subsequently made, the applicant shall furnish to the Comptroller a brief description of his invention accompanied, if necessary, by drawings, and such other information as the Comptroller may in each case require.
(a) See S. 57.
(b) For Form of Notice see Patent Forms, O.
18. Any document for the amending of which no Power of special provision is made by the said Act may be amend amended, and any irregularity in procedure, which in the opinion of the Comptroller may be obviated without detriment to the interests of any person, may be corrected, if and on such terms as the Comptroller may think fit.
It is doubtful if this Rule would authorize an amendment of Letters Patent themselves. See notes to SS. 18, 91.
19. Any application, notice, or other document autho- Documents rized or required to be left, made, or given at the Patent by post. Office or to the Comptroller or to any other person under these Rules 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.
In proving such service or sending it shall be sufficient to prove that the letter was properly addressed and put into the post.
This Rule forms S. 97 of the Act.
Order of recording applications.
20. Affidavits may, except where otherwise prescribed by these Rules, be used as evidence in any proceedings thereunder when sworn to in any of the following ways,
(1.) In the United Kingdom before any person autho-
(3.) In any place out of the British dominions before
(a) See Instructions, 6. It may also be taken before a notary, L. T., Feb. 9th, 1884.
21. Where any statutory declaration prescribed by these Rules, or used in any proceedings thereunder, is made out of the United Kingdom, the words, "and by virtue of the Statutory Declarations Act, 1835," must be omitted, and the declaration shall (unless the context otherwise requires) be made in the manner prescribed in Rule 20, sub-section (3).
See also note to Patent Forms, A, A1.
APPLICATION WITH PROVISIONAL OR COMPLETE
22. Applications for a patent sent by prepaid letter through the post shall, as far as may be practicable, be opened and numbered in the order in which the letters containing the same have been respectively delivered in the ordinary course of post.
Applications left at the Patent Office. otherwise than through the post shall be in like manner numbered in the order of their receipt at the Patent Office.
This Rule seems to be intended to regulate the business at the Patent Office, and not to determine any question of priority between applications made on the same day. The Act does not recognise fractions of a day, and Letters Patent are to be sealed as of the day of application, S. 13. The fact that an application is opened and numbered before another for the same invention (both having been lodged on the same day) will not give it any priority so as to bring the second application under the provisions of S. 7, Subs. (5), (6).
23. Where a person making application for a patent Applica
includes therein by mistake, inadvertence, or otherwise, separate more than one invention, he may, after the refusal (a) of the Comptroller to accept such application, amend the way of same so as to apply to one invention only, and may make application for separate patents for each such invention. accordingly.
Every such application shall bear the date of the first application, and shall, together therewith, be proceeded with in the manner prescribed by the said Act and by these Rules as if every such application had been originally made on that date for one invention only (b). (a) See S. 7.
(b) Separate fees will be payable on each invention.
24. An application for a patent by the legal represen- Applicatative of a person who has died possessed of an invention tion by shall be accompanied by an official copy of or extract tive of from his will or the letters of administration granted of deceased his estate and effects in proof of the applicant's title as such legal representative.
For the rights of the legal personal representative see S. 12, Subs. (3)(b).
25. On the acceptance of an application with a pro- Notice and visional or complete specification the Comptroller shall advertisegive notice thereof to the applicant, and shall advertise acceptance. such acceptance in the official journal of the Patent Office.
The acceptance of the application will give provisional protection (S. 14), in case of acceptance of the complete specification it will give protection by complete specification (S. 15).
Inspection 26. Upon the publication of such advertisement of on accept acceptance in the case of an application with a complete complete specification (a) the application and specification or specifications with the drawings (if any) may be inspected at the Patent Office upon payment of the prescribed fee (b).
APPLICATION ON COMMUNICATION FROM ABROAD.
27. An application for a patent for an invention comcation from municated from abroad shall be made in the form A 1 set forth in the Second Schedule hereto.
The person to whom the invention is communicated is the applicant within the meaning of the Act.
SIZES AND METHODS OF PREPARING DRAWINGS ACCOMPANYING PROVISIONAL OR COMPLETE SPECIFICATIONS. 28. The drawings (a) accompanying provisional or drawings. complete specifications shall be made upon half-sheets or sheets of imperial drawing paper, to be within a border line of 19 inches by 12 inches, or 27 inches by 19 inches, with a margin of an inch all round.
(a) See also Rule 31.
29. A copy of the drawings will be required upon drawings. rolled imperial drawing paper or upon thin Bristol board of the same dimensions as the original drawing or drawings. All the lines must be absolutely black, Indian ink of the best quality to be used, and the same strength or colour of the ink maintained throughout the drawing. Any shading must be in lines clearly and distinctly drawn and as open as is consistent with the required effect. Section lines should not be too closely drawn. No colour must be used for any purpose upon the copy of the drawings. All letters and figures of reference must be bold and distinct. The border line should be one fine line only. The drawings must not be folded, but must be delivered at the Patent Office either in a perfectly flat