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

Sketches

ings.

Nature of design.

and a half on the left-hand part thereof, and the signature of the applicants or agents thereto must be written in a large and legible hand.

The Comptroller may in any particular case vary the requirements of this Rule as he may think fit.

9. An application for the registration of a design shall and draw be accompanied by a sketch or drawing (a), or by three exactly similar drawings, photographs, or tracings of the design, or by three specimens of the design, and shall, in describing the nature of the design, state whether it is applicable for the pattern or for the shape or configuraration of the design, and the means by which it is applicable.

Acknow

ledgment to applicant.

Notice

tion.

When sketches, drawings, or tracings are furnished they must be fixed.

When the articles to which designs are applied are not of a kind which can be pasted into books, drawings, photographs, or tracings of such designs shall be furnished.

(a) But if one sketch of the design be sent with the application Form, so as to secure immediate registration, three similar drawings are to be sent afterwards. See Instructions, 4—10.

10. On receipt of an application for registration the Comptroller shall send to the applicant an acknowledgment thereof.

11. If the Comptroller determines to register a design, of registra he shall as soon as may be send to the applicant a certificate of such registration (a) in the prescribed form (b), sealed with the seal of the Patent Office.

Applica

tions may be sent by post.

12. Any application, notice, or other document authorised or required to be left, made, or given at the Patent 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.

troller.

13. Before exercising any discretionary power given to Hearing by the Comptroller by the said Act adversely to an applicant Compfor registration of a design the Comptroller shall give him ten days notice of the time when he may be heard personally or by his agent before the Comptroller.

See S. 94.

troller.

14. Within five days from the date when such notice Hearing by would be delivered in the ordinary course of post, the Compapplicant shall notify to the Comptroller whether or not he intends to be heard upon the matter.

The time allowed is not five days after the receipt of the notice, but five days from the day on which the notice would be delivered within the ordinary course of post.

15. The decision or determination of the Comptroller Notificain the exercise of any such discretionary power as afore- tion of said shall be notified to the applicant.

APPEAL TO THE BOARD OF TRADE (α).

Comp

troller's

decision.

Board of

16. Where the Comptroller refuses to register a design, Notice of and the applicant intends to appeal to the Board of Trade appeal to from such refusal, he shall, within one month from the Trade. date of the decision appealed against, leave at the Patent Office, Designs Branch, a notice (b) of such his intention.

(a) See S. 47, sub-secs. (6), (7).

(b) For Form of Notice see Designs Forms, F.

17. Such notice shall be accompanied by a statement Statement of the grounds of appeal, and of the applicant's case in on appeal. support thereof.

18. The applicant shall forthwith on leaving such notice Notice to Secretary

of Board of send a copy thereof to the Secretary of the Board of Trade, No. 7, Whitehall Gardens, London.

Trade.

Directions

19. The Board of Trade may thereupon give such by Board of directions (if any) as they may think fit for the purpose of the hearing of the appeal for the Board of Trade.

Trade.

Notice of time of

hearing.

Registering design.

20. Seven days notice, or such shorter notice as the Board of Trade may in any particular case direct, of the time and place appointed for the hearing of the appeal shall be given to the Comptroller and the applicant.

21. Upon the sealing of a certificate of registration the Comptroller shall cause to be entered in the register of designs the name, address, and description of the registered proprietor, and the date upon which the application for registration was received by the Comptroller, which day shall be deemed to be the date of the registration.

(a) See S. 55.

Subsequent 22. Where a person becomes entitled to the copyright in proprietors. a registered design, or to any share or interest therein (a), by assignment, transmission, or other operation of law, or where a person acquires any right to apply the design either exclusively or otherwise, a request (b) for the entry of his name in the register as such proprietor of the design, or as having acquired such right, as the case may be, (hereinafter called the claimant,) shall be addressed to the Comptroller, and left at the Patent Office, Designs Branch.

Signature 23. Every such request shall, in the case of an indito request. vidual, be made and signed by the person requiring to be registered as proprietor (a); and in the case of a firm or partnership, by some one or more members of such firm or partnership, or, in either case, by his or their agent respectively duly authorised to the satisfaction of the

Comptroller; and in the case of a body corporate, by their agent authorised in like manner.

(a) Signature of agent will not do except in the cases stated, i.e., firms and bodies corporate.

24. Every such request shall state the name, address, Particulars and description of the claimant, and the particulars of the in request. assignment, transmission, or other operation of law by virtue of which the request is made, so as to show the manner in which and the person or persons to whom the design has been assigned or transmitted, or the person or persons who has or have acquired such right as aforesaid, as the case may be.

See note to Rule 67 of Patent Rules as to particulars.

declaration

25. Every such request shall be accompanied by a Statutory statutory declaration to be thereunder written verifying with the several statements therein, and declaring that the request. particulars above described comprise every material fact and document affecting the proprietorship of the design or the right to apply the same, as the case may be, as claimed by such request.

26. The claimant shall furnish to the Comptroller such Proof of other proof of title as he may require for his satisfaction. title if

required.

27. A body corporate may be registered as proprietor Corporate by its corporate name.

The word "person" is defined in the Act as including "body corporate." See S. 117.

name.

Court.

28. Where an order has been made by the Court, under Notice of section 90 of the said Act, the person in whose favour order of 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.

POWER TO DISPENSE WITH EVIDENCE.

29. Where under these Rules any person is required to Comp

L 3

troller's

as to evidence.

discretion do any act or thing, or to sign any document, or 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 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.

Books

The Patents, Designs, and Trade Marks Act, 1883 (46 & 47 Vict. C. 57) with ...