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Advertisement of amendment.
limited by him, leave at the Patent Office a new specification and drawings as amended, to be prepared in accordance with Rules 10, 28, and 29.
55. Where a request for leave to amend is made by or in pursuance of an order of the Court or a judge, an official or verified copy of the order shall be left with the request at the Patent Office.
This refers to amendment during an action for infringement. See S. 19.
56. Every amendment of a specification shall be forthwith advertised by the Comptroller in the official journal of the Patent Office, and in such other manner (if any) as the Comptroller may direct.
COMPULSORY LICENCES (a).
57. A petition (b) to the Board of Trade for an order compulsory upon a patentee to grant a licence shall show clearly the
grant of licences.
To be left
nature of the petitioner's interest, and the ground or grounds upon which he claims to be entitled to relief, and shall state in detail the circumstances of the case, the terms upon which he asks that an order may be made, and the purport of such order.
(a) See S. 22.
(b) For Forms of Application and Petition see Patents Forms, H and H1.
58. The petition and an examined copy thereof shall with evi- be left at the Patent Office, accompanied by the affidavits, or statutory declarations, and other documentary evidence (if any) tendered by the petitioner in proof of the alleged default of the patentee.
59. Upon perusing the petition and evidence, unless the as to fur- Board of Trade shall be of opinion that the order should ceedings be at once refused, they may require the petitioner to unless peti- attend before the Comptroller, or other person or persons appointed by them, to receive his or their directions as to further proceedings upon the petition.
The applicant is required to make out a prima facie case before giving the patentee any notice of the application.
60. If and when a prima facie case for relief has been Procedure. made out to the satisfaction of the Board of Trade, the petitioner shall upon their requisition, and on or before a
day to be named by them, deliver to the patentee copies Petitioner's of the petition and of the affidavits or statutory declarations and other documentary evidence (if any) tendered in support thereof.
61. Within 14 days after the day of such delivery the Patentee's patentee shall leave at the Patent Office his affidavits or statutory declarations in opposition to the petition, and deliver copies thereof to the petitioner.
62. The petitioner within 14 days from such delivery Evidence shall leave at the Patent Office his affidavits, or statutory in reply. declarations in reply, and deliver copies thereof to the petitioner (a); such last-mentioned affidavits or declarations shall be confined to matters strictly in reply.
(a) "Petitioner" is evidently a misprint for "patentee."
63. Subject to any further directions which the Board Further of Trade may give the parties shall then be heard at such proceedings. time, before such person or persons, in such manner, and in accordance with such procedure as the Board of Trade may, in the circumstances of the case, direct, but so that full opportunity shall be given to the patentee to show cause against the petition.
The power of ordering licences to be granted is by S. 22 vested in the Board of Trade.
REGISTER OF PATENTS.
64. Upon the sealing of a patent the Comptroller shall Entry of cause to be entered in the Register of Patents (a) the name, grant. address, and description of the patentee as the grantee thereof, and the title of the invention.
(a) See S. 23.
65. Where a person becomes entitled to a patent or to Request for any share or interest therein, by assignment (a) either entry of throughout the United Kingdom and the Isle of Man, or proprietorsubsequent for any place or places therein (b), or by transmission or ship. other operation of law, a request (c) for the entry of his
name in the register as such complete or partial proprietor of the patent, or of such share or interest therein, as the case may be, shall be addressed to the Comptroller, and left at the Patent Office.
(a) See also S. 87. As to licences see Rule 74.
(b) Power to assign for particular places is given by S. 36.
(c) For Form of request see Patents Forms, L.
66. Such request shall in the case of individuals be of request. made and signed by the person requiring to be registered as proprietor, or by his agent duly authorised to the satisfaction of the Comptroller, and in the case of a body corporate by their agent, authorised in like manner.
67. Every such request (a) shall state the name, address, to be stated and description of the person claiming to be entitled to the patent, or to any share or interest therein, as the case may be (herein-after called the claimant), and the particulars of the assignment, transmission, or other operation of law, by virtue of which he requires to be entered in the register as proprietor, so as to show the manner in which, and the person or persons to whom, the patent, or such share or interest therein as aforesaid, has been assigned or transmitted (b).
Production of docu
ments of title and
(a) See Patent Forms, Form L.
(b) Marriage no longer acts as a transmission of a Patent, Design, or Trade Mark. See Married Women's Property Act, 1882.
On death, particulars should be given of the Will or Letters of Administration.
On bankruptcy, particulars should be given of the Certificate of appointment of the trustee, since such certificate operates as an assignment. See Bankruptcy Act, 1883, SS. 55 (4), 138.
The document of which particulars are so given must itself be produced (see Rule 68), and an examined copy left with the request (see Rule 69).
68. Every assignment and every other document containing, giving effect to, or being evidence of, the transmission of a patent or affecting the proprietorship other proof. thereof, as claimed by such request, except such documents as are matters of record, shall be produced to the Comptroller, together with the request above prescribed, and such other proof of title as he may require for his satisfaction.
As to a document which is a matter of record, an official or certified copy thereof shall in like manner be produced to the Comptroller.
69. There shall also be left with the request an ex- Copies for amined copy of the assignment or other document above Patent required to be produced.
As to a document which is a matter of record, an official or certified copy shall be left with the request in lieu of an examined copy.
70. A body corporate may be registered as proprietor Body corby its corporate name.
By S. 117, "Person " is defined so as to include body corporate.
Orders of the Privy
71. Where an order has been made by Her Majesty in Council for the extension (a) of a patent for a further term or for the grant of a new patent, or where an order Council or has been made by the Court for the revocation of a patent or the rectification of the register under section 90 of the said Act or otherwise affecting the validity or proprietorship of the patent, the person in whose favour such order has been made shall forthwith leave at the Patent Office an office copy of such order. The register shall thereupon be rectified or the purport of such order shall otherwise be duly entered in the register, as the case may be. (a) See S. 25.
72. Upon the issue of a certificate of payment under Entry of Rule 45, the Comptroller shall cause to be entered in the payment of Register of Patents a record of the amount and date of issue of payment of the fee on such certificate.
73. If a patentee fails to make any prescribed payment Entry of within the prescribed time (a) or any enlargement (b) thereof duly granted, such failure shall be duly entered in the register.
(a) See First Schedule to these Rules as to times of payment. (b) See Rule 46.
74. An examined copy of every licence granted under a Entry of patent shall be left at the Patent Office by the licensee,
Hours of inspection of register.
Certified copies of documents.
with a request that a notification thereof may be entered in the register. The licensee shall cause the accuracy of such copy to be certified as the Comptroller may direct, and the original licence shall at the same time be produced and left at the Patent Office if required for further verification.
The fee for entry of licence is 108. See First Schedule to these Rules.
75. The register of patents shall be open to the inspection of the public on every week day between the hours of ten and four, except on the days and at the times following:
(a.) Christmas day, Good Friday, the day observed as Her Majesty's birthday, days observed as days of public fast or thanksgiving, and days observed as holidays at the Bank of England; or (b.) Days which may from time to time be notified by a placard posted in a conspicuous place at the Patent Office;
(c.) Times when the register is required for any purpose of official use.
76. Certified copies of any entry in the register, or certified copies of, or extracts from, patents, specifications, disclaimers, affidavits, statutory declarations, and other public documents in the Patent Office, or of or from registers and other books kept there, may be furnished by the Comptroller on payment of the prescribed fee.
The fee for office copies is 4d. for every 100 words (but never less than 18).
The fee for certifying office copies is 18. each.
POWER TO DISPENSE WITH EVIDENCE, &C.
77. Where, under these Rules, 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 to or left with the Comptroller, or at the