CLERICAL ERRORS-continued. in name, style, or address of registered proprietor, 127 form of request, Patents, 206 Designs, 232 Trade Marks, 276 clerical errors in the Letters Patent themselves, 127 in register of Designs, form of request to correct, 232 in regard to Trade Marks, form of request to correct, 280 COLOUR Trade Mark may be registered in any colour, 96 may then be used in any other colour, 96 coloured groundwork to be included in a border, 93, 259 COLONIES, international arrangements may be made with, for protection of COMMENCEMENT OF ACT, 2 COMMON MARKS, definition of, 102 what may be registered as, 101, 258 COMPARISON OF SPECIFICATIONS, See COMPLETE SPECIFICATION. COMPLETE SPECIFICATION, time for leaving, may be left with application, 3 otherwise application abandoned, 13 effect of abandonment, 13 fee, requires a £3 stamp, 4 form of, 6, 191 begins with title, See TITLE. ends with claim, See CLAIM. accompanied by drawings, See DRAWINGS. sufficiency of, a. must 1. be intelligible to ordinary workmen, 5 possessing some skill, 5 1 COMPLETE SPECIFICATION-continued. not to omit a material part of process, 6 2. distinguish what is new from what is old, 6 3. disclose the most beneficial way of exercising the ought to refer to all materials used, 7 and to cheapest materials, 7 ought to specify improvements, 7 4. not vary from provisional specification, omission of part of provisional specification, 7 5. claim must not exceed title, 8 6. be limited to one invention, 33 if not, cannot be objected to on this ground, at referred to examiner, 14 who reports (1) if properly prepared, 14 (2) if it substantially varies from provisional specifi- report not conclusive, xliv., 15 not published, 15 not produced except by order, 15 Comptroller may require amendment, 14, 163 acceptance, time for, 12 months, 14 unless appeal pending, 14 not accepted, application void, 15 effect of, 24 advertisement of, 16, 113 in Official Journal, 163 application including specifications and drawings to be open to publication of, no infringement by acts committed previous to, 22 clerical errors, 127 substantial amendment, 27 copies of, kept for sale, 63 COMPTROLLER, PATENTS, how appointed, 121 controls Patent Office, 121 refers applications to Examiner, 9 may require amendment of application, 10 refers complete specification to Examiner, 14 hears opposition, 16, 165 appeal from decision, 17 causes Patent to be sealed, 20 registers Patent, 171 may enlarge times for paying fees, 25, 168 hears applications for amendment, 28, 168 issues journals, 63 may refuse to grant Patent or register Design or Trade Mark, DESIGNS, decides on application for registration, 71 may refuse drawings, &c., 74, 210 grants certificate on registrations, 75 makes searches, 78 TRADE MARKS, hears applications to register, 86, 235 hears opposition to registration, 97, 240 may register common marks, 101 gives notice of registration, 111 removes marks from register, 112, 244 may object to registration by Cutlers' Company, 116 exercise of discretionary power, 129, 159, 211, 238 CONFLICTING CLAIMS, as to application for a patent, 10, 165 prior applicant preferred, 10 as to registration of a Trade Mark, 99, 243 by special case, 99, 243 how settled, 99, 244 CONNECTION of Trade Mark with goodwill, 98 See GOODWILL. of documents affecting proprietorship of Patents to be filed, 35 of lost Patent may be granted, 60 of drawings to accompany application for a Design, 74, 210 of certificate of registration of Design may be granted, 75 of Trade Mark to accompany application, 86, 236 of entries in any register to be obtained, 124 COPYRIGHT IN DESIGNS, definition of, 84 restricted to classes for which Design is registered, 76, 85 certificate of, 74 ceases if exact specimens or representations be not furnished before delivery of articles on sale, 75 if articles to which it is applied are not marked with prescribed unless proprietor took proper steps to ensure the marking, if Design be used abroad and is not used in this country within information as to existence of, 28 infringement of, 81 penalties, 81, and see PENALTY. action for damages, 82, and see ACTION FOR DAMAGES. assignments of, see ASSIGNMENT. search of register, 78 COSTS of appeals to law officer, within his discretion, 61, 183 particulars of breaches and objections, 48 proceedings before Privy Council, 38 after certificate of validity of Patent, 57 security as to, where registration of Trade Mark is opposed, 97 COTTON GOODS, registration of Trade Mark for, 87 applicant to state how mark is referred to in invoice, 87, 256 fees payable on, 87, 265 COUNTER-STATEMENT, by applicant for registration of a Trade Mark, 260 CROWN, THE Patents hitherto have not bound the Crown, 46 on terms to be agreed upon, 46 or settled by Treasury, 46 or require patentee to supply patent articles, 47 COURT, THE definition of, in England, 143 Scotland, 140 Ireland, 141 powers of, as to Patents may rectify registers, 126 direct issues, 126 award damages, 126 order inspection, 52 account, 52 give leave to amend particulars of breaches or objections, 48 settle his remuneration, 47 order jury, 47 refuse damages if fees only paid within enlarged time, 26 powers of, as to Designs, may authorize inspection of Design where copyright exists, 77 decides conflicting claims, 99 hears appeals as to applications referred by Board of Trade, 86 hears appeals from Cutlers' Company, 120 grants leave to alter mark, 128 COURT OF SUMMARY JURISDICTION, in Scotland, 139 Ireland, 144 Isle of Man, 141 |