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Sects. under the old law where a second fraudulent applicant 35-38. might obtain a patent before the first applicant and true inventor than to the present time, when this Act contains so many other provisions protecting the first and true inventor.

Assignment for particular


Loss or

of patent.

36. A patentee may assign (a) his patent for any place in or part of the United Kingdom, or Isle of Man, as effectually as if the patent were originally granted to extend to that place or part only.

Letters Patent being granted to the patentee and his "assigns" could always be assigned, but such assignment transferred the patent rights in their entirety. A patentee could only transfer a portion of his rights either by assigning a share of the patent (Walton v. Lavater, 8 C. B. N. S. 162); or a part of the patent (Dunnicliff v. Mallett, 7 C. B. N. S. 209); or by licensing definite persons to use it.

The Patent Law Amendment Act, 1852, empowered a patentee to asssign his rights for England, for Scotland, or for Ireland.

This section goes still further, and permits the patent to be assigned for any place or part of the United Kingdom or Isle of Man.

37. If a patent is lost or destroyed, or its nondestruction production is accounted for to the satisfaction of the comptroller, the comptroller may at any time cause a duplicate thereof to be sealed (8).

Proceedings and

costs before law officer.

The words "or its non-production is accounted for to the satisfaction of the comptroller" are new.

The power to seal a duplicate patent is transferred from the Lord Chancellor to the comptroller.

The applicant is to state his interest in the letters patent. For form of application, see Patents Forms, Form N.

38. The law officers may examine witnesses on oath, and administer oaths for that purpose under

(a) For precedents of assignments, see Appendix B.

(8) For Form of application, see Patents Forms, N. Fee 21.

this part of this Act, and may from time to time Sects. make, alter, and rescind rules regulating references 38, 39. and appeals to the law officer, and the practice and procedure before them under this part of this Act; and in any proceeding before either of the law officers under this part of this Act, the law officer may order costs to be paid by either party, and any such order may be made a rule of the Court.

Rules have already been made by the law officers, regulating appeals to them. See end of Patents Rules.

The following proceedings may be taken before the Proceedlaw officer under this part of the Act :

Appeals from the decision of the comptroller

ings before the law

1. Refusing to accept an application, or requiring it officer. to be amended (sect. 7 (2), (3)).

2. As to the inventions comprised in two applications being the same (sect 7 (6) ).

3. Refusing to accept a complete specification (sect. 9 (2), (3)).

4. As to opposition to the grant of the patent (sect. 11 (2), (3), (4)).

5. As to amendment of specification (sect, 18 (3), (4), (6), (7)).

By R. S. C., O. XLII. r. 24, "Every order of the Costs. Court or a judge in any cause or matter may be enforced against all persons bound thereby, in the same manner as a judgment to the same effect.'

As to enforcement of an order to pay costs by fi. fa. or elegit, see R. S. C., O. XLII. r. 17.

By sect. 146 of the Bankruptcy Act, 1883, a writ of elegit no longer extends to goods.

If costs before law officer be not paid within fourteen days, an order for payment under sect. 38 will be made (Rules as to Appeals to Law Officer, 12).

trial or

39. The exhibition of an invention at an indus- Exhibition trial or international exhibition, certified as such by at indus the Board of Trade, or the publication of any de- interscription of the invention during the period of the national holding of the exhibition, or the use of the invention not to pre


judice patent rights.

Sects. for the purpose of the exhibition in the place where 39, 40. the exhibition is held, or the use of the invention during the period of the holding of the exhibition by any person elsewhere, without the privity or consent of the inventor, shall not prejudice the right of the inventor, or his legal personal representative to apply for and obtain provisional protection and a patent in respect of the invention, or the validity of any patent granted on the application, provided that both the following conditions are complied with, namely,



of illustrat

(a.) The exhibitor must, before exhibiting the invention, give the comptroller the prescribed

notice (a) of his intention to do so; and (b.) The application for a patent must be made before or within six months from the date of the opening of the exhibition.

This section is practically a re-enactment of the provisions of the 28 Vict. c. 3, relating to industrial exhibitions, and the 33 & 34 Vict. c. 27, relating to international exhibitions, both of which Acts are repealed in the third schedule to this Act.

Any person desirous of exhibiting or of publishing a description of an invention under this section, is to obtain from the Board of Trade a certificate that the exhibition is an industrial or international one, and then give to the comptroller seven days' notice in Form O (Patents Forms) of his intention to exhibit, publish, or use the invention. The notice requires a 10s. stamp. A brief description of the invention, accompanied, if necessary, by drawings, is to accompany the notice (Patents Rules, 17).

40. (1.) The comptroller shall cause to be issued ed journal, periodically an illustrated journal of patented inventions, as well as reports of patent cases decided by courts of law, and any other information that the



(a) Patents Forms, 0.

comptroller may deem generally useful or im- Sect. 40. portant.

(2.) Provision shall be made by the comptroller for keeping on sale copies of such journal, and also of all complete specifications of patents for the time being in force, with their accompanying drawings, if any.

(3.) The comptroller shall continue, in such form as he may deem expedient, the indexes and abridgments of specifications hitherto published, and shall from time to time prepare and publish such other indexes, abridgments of specifications, catalogues, and other works relating to inventions, as he may see fit.

The illustrated journal referred to in this section is to be distinguished from the official journal.

"The Commissioners of Patents Journal" was discon- The Official tinued after the Act came into operation, and its place Journal. was taken by "The Official Journal of the Patent Office," now issued twice a week, on Tuesdays and Fridays. This official journal is strictly confined to proceedings under this Act. In it appear all official notices and advertisements required by the Rules under the Act.

"The Illustrated Journal" will be a new and addi- The Illustional publication. trated

By Patents Rule 31, "Every applicant for the grant of a patent shall, in addition to the drawings to be furnished with his complete specification, furnish the comptroller with a drawing illustrative of the feature or features of novelty constituting his invention. Such drawing must be prepared in the manner prescribed for the copy of the original drawing or drawings accompanying the specification (see Patents Rules, 28-30, and note to sect. 5), but must not cover a space exceeding sixteen square inches. The drawing must be accompanied by a concise explanatory statement on foolscap paper, and legibly written or printed.


"The Trade Marks Journal" continues to be pub- The Trade lished. It contains notices of all applications for trade Marks marks, of all registrations, and of cancellations of regis. Journal. tration. The "Official Journal" relates to trade marks as well as to patents and designs.


The following Indexes have been published by the
40-42. Patent Office :-





Power to


models on

1. As to patents enrolled from 1617 to Sept. 1852—
Chronological Index. 2 vols.
Alphabetical Index. 1 vol.
Subject-Matter Index. 2 vols.

Reference Index, pointing out the office in which
each enrolled specification may be consulted,
and the books in which specifications, &c., have
been noticed. 1 vol.

Appendix to the Reference Index of Patents, con-
taining abstracts from such early patents and
signet bills as, in absence of specifications,
describe the nature of the invention. 1 vol.
2. As to patents recorded since 1852-

Chronological Index.
Alphabetical Index.

Subject-Matter Index.

Abridgments (in classes, and chronologically arranged)
of all specifications of inventions, from the earliest en-
rolled to those published under the Act of 1852, have
also been published.

Volumes of Specifications of Letters Patent and Pro-
visional Specifications have been published since 1876.
A Monthly Index of names of applicants since 1882.
A Monthly Index of Subject-Matter compiled from
titles of inventions since 1882.

All the above publications may be consulted at the
Free Library of the Patent Office from 10 to 4, or at
the Library of the Patent Museum, South Kensington,
at the Free Library, Manchester, and in the chief towns
throughout the kingdom.

41. The control and management of the existing
Patent Museum, and its contents shall from and after
the commencement of this Act, be transferred to and
vested in the Department of Science and Art, subject
to such directions as Her Majesty in Council may
see fit to give.

Hitherto the Patent Museum has been under the
direction of the Commissioners of Patents.

42. The Department of Science and Art may at
any time require a patentee to furnish them with a

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