Page images
PDF
EPUB

EDINBURGH MUSEUM OF SCIENCE AND ART,
transmission of copies of Patents to, 133

certified copies may be obtained, 133

to be admitted in evidence in Scotland, 133

ENLARGEMENT OF TIME

for taking out certificate of renewal of Patent, 25, 168
in what cases, 25

conditions, 27

not to exceed 3 months, 25

fees payable, 25

infringement during enlarged time, 26

form of application, 200

what application must state, 168

for doing any act or taking any proceeding,

as to Patents, 168

Designs, 214

Trade Marks, 246

ENROLMENTS OFFICE (CHANCERY) IRELAND,
transmission of copies of Patents, 133
certified copies may be obtained, 133

receivable in evidence, 133

EQUITIES,

in respect of Patents, Designs, and Trade Marks, may be enforced,
123

EVIDENCE,

register of Patents and Designs primâ facie evidence of entries
therein, 35, 79

seal of Patent Office to be judicially noticed, 121

certified and sealed copies of documents in Patent Office receivable
in, 125, 133

certificate of Comptroller receivable in, 130

EXAMINERS

appointed by Board of Trade, 121

applications referred to, 9

reports if (1) invention is fairly described, 9
(2) application be properly prepared, 9

(3) title indicates the subject-matter, 9
(4) second application comprises the same invention
as prior one, 10, 12

EXAMINERS-continued.

specifications referred to, 14

reports if (1) complete specification be properly prepared, 14, 15
(2) invention is substantially the same in both speci-
fications, 14, 15

reports of, not published, 14

nor open to public inspection, 14

nor liable to production or inspection in legal proceedings,
15

except (a) on appeal to law officer, 15

effect of report, xliv.

(b) by order, 15

EXCLUSIVE USER OF TRADE MARK,

registration, prima facie evidence of right to, 103
conclusive evidence after five years, 103

EXHIBITION,

INVENTIONS,

inventions may be exhibited before grant, 61

but only at industrial or international exhibitions, 61
certified as such by Board of Trade, 61

conditions of, 61, 161

Rules as to, 160

form of notice to Comptroller, 204

UNREGISTERED DESIGNS,

at industrial or international exhibitions, 80

or during the holding of such, 81

or article to which Design is applied, 81

or publication of description of Design, 81

will not invalidate subsequent registration, 81

provided, exhibition be certified by Board of Trade, 81
notice be given to Comptroller, 216

application for registration be made, 216

within six months of opening of the exhibition, 81

Rules as to, 216

form of notice of exhibition, 231

EXISTENCE OF COPYRIGHT IN A DESIGN

continues 5 years, 75

search as to, 78

form of request for search, 222

fee for search, 78

EXISTING PATENTS,

provisions as to compulsory licences not to apply to, 68

payment of fees on, 69

filing of documents at Patent Office, 69

general saving as to, 142

EXPERT

law officer may call in, 17

remuneration of, how fixed, 17

EXTENSION OF PATENT,

under previous Acts, 39

changes introduced by present Act, 39

grounds of extension,

1. Nature and merits of invention as regards the public, 44, 46

amount of utility required, 40

success of the invention, 40

benefit to the public, 40

non-success may be explained, 41

2. Profits made by patentee as such, 38, 41
all resulting profits included, 41

manufacturer's profits, 41

deductions allowed, 41

accounts not sent back, 41

3. Other circumstances,

(a) personal merit of inventor, 41

effect of Patent having been imported, 42
assignee represents merit of inventor, 42

(b) inutility of invention, 42

(c) effect of extension on the public, 42

(d) granting of licences, 42

term of extension, 38

not exceeding 7 years, 38

except in special cases where limit is 14 years, 38

conditions may be imposed, 38, 42

e.g., to grant annuity to inventor, 42

share of profits to inventor, 42

or his widow, 42

to sell at fixed price, 43

to allow Crown to use Patent, 43
to disclaim certain portions, 43

practice on application, 43

petition presented to Council, 37

six months before expiration of Patent, 38
form of petition, 310

EXTENSION OF PATENT-continued.

practice on application,

advertisement of petition, 43

opposition, 43

reference of petition to Judicial Committee, 38
hearing, 43

report of Committee, 38

costs, 38

payment of, how enforced, 39

power to make rules regulating procedure, 38

extension to be registered, 36, 173

EXPIRATION

form of request to register, 206

of Patent after 14 years, 25

unless extended by Privy Council, 37
of copyright in Design after five years, 75
of Trade Mark after fourteen years, 111
unless registration renewed, 111

FALSE PRETENCES,

obtaining money or goods by the fraudulent imitation of a Trade
Mark, 110

FALSIFICATION

of entries in register, 129

how punished, 129

FANCY WORDS

under Act of 1875 could only be registered as old marks, 92

may now be registered as new marks, 92

provided they are not in common use, 92

classes of fancy words, 92, 93

specially invented words, 92

"Lacto Peptine," 92

"Cocoatina," 92

words from foreign languages,

"Tamar Indien," 92

translation of, if in foreign characters, 93

names of places, 93

when registered, 93

"Anatolia," 93

"Glenfield," 93

right that may be had in such names, 93

initials are not fancy words, 93

may be registered as old marks, 93

and as new if a distinctive mark, 93

FEES,

patents fees payable in regard to Patents, 37, 153, 158, 181
power of Board of Trade to reduce fees, 37

fees on application pending 31 Dec. 1883, xxxix., 69, 181

on patents granted before 31 Dec. 1883, 167, 181

notice where annual fees are paid, 167

to be paid by stamped forms, 180

certificate of payment, 168

form of application for certificate of payment, 199

form of certificate of payment, 199

power for Board of Trade with sanction of Treasury to prescribe

fees, 80

fees prescribed, 184

DESIGNS,

fees payable, 222

to be paid by stamps, 217

TRADE MARKS,

fees payable, 265, 266

to be paid by stamps, 262

FOREIGN VESSELS IN BRITISH WATERS,
use of British Patent by, 65

[blocks in formation]

fraudulent application not to prejudice Patent granted to first in-
ventor, 59

leave to amend specification not conclusive in case of, 28

« PreviousContinue »