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model of his invention on payment to the patentee Sects. of the cost of the manufacture of the model; the 42-43. amount to be settled, in case of dispute, by the Board
This section is new.
43. (1.) A patent shall not prevent the use of an Foreign invention for the purposes of the navigation of a foreign vessel within the jurisdiction of any of Her waters. Majesty's Courts in the United Kingdom or Isle of Man, or the use of an invention in a foreign vessel within that jurisdiction, provided it is not used therein for or in connection with the manufacture or preparation of anything intended to be sold in or exported from the United Kingdom or Isle of Man.
(2.) But this section shall not extend to vessels of any foreign state of which the laws authorise subjects of such foreign state, having patents or like privileges for the exclusive use or exercise of inventions within its territories, to prevent or interfere with the use of such inventions in British vessels while in the ports of such foreign state, or in the waters within the jurisdiction of its Courts, where such inventions are not so used for the manufacture or preparation of anything intended to be sold in or exported from the territories of such foreign state.
The corresponding section (s. 26) of the Patent Law Amendment Act, 1852, was the result of the decision in Caldwell v. Vanvlissigen, 9 Hare, 415, in which it was held that a foreign vessel could not use in British waters, without a licence, a screw propeller patented in England.
This section authorises a foreign vessel in English waters to use, for the purposes of navigation, inventions patented in this country, subject to two conditions:1. That the invention is not used for or in connexion with the manufacture or preparation of anything intended to be sold in or exported from the United Kingdom or Isle of Man.
Sects. 43, 44.
Assignment to Secretary for War
2. That the state to which the vessel belongs affords a similar privilege to British vessels.
44. (1.) The inventor of any improvement in instruments or munitions of war, his executors, administrators, or assigns (who are in this section cominventions. prised in the expression the inventor) may (either for or without valuable consideration) assign to Her Majesty's Principal Secretary of State for the War Department (hereinafter referred to as the Secretary of State), on behalf of Her Majesty, all the benefit of the invention, and of any patent obtained or to be obtained for the same; and the Secretary of State may be a party to the assignment.
(2.) The assignment shall effectually vest the benefit of the invention and patent in the Secretary of State for the time being, on behalf of Her Majesty, and all covenants and agreements therein contained for keeping the invention secret and otherwise shall be valid and effectual (notwithstanding any want of valuable consideration), and may be enforced accordingly by the Secretary of State for the time being.
(3.) Where any such assignment has been made to the Secretary of State, he may at any time before the application for a patent for the invention, or before publication of the specification or specifications, certify to the comptroller his opinion that, in the interest of the public service, the particulars of the invention and of the manner in which it is to be performed should be kept secret.
(4.) If the Secretary of State so certifies, the application and specification or specifications with the drawings (if any), and any amendment of the specification or specifications, and any copies of such documents and drawings, shall, instead of being left in the ordinary manner at the patent office, be delivered to the comptroller in a packet sealed by authority of the Secretary of State.
(5.) Such packet shall, until the expiration of the Sect. 44. term or extended term during which a patent for the invention may be in force, be kept sealed by the comptroller, and shall not be opened save under the authority of an order of the Secretary of State, or of the law officers.
(6.) Such sealed packet shall be delivered at any time during the continuance of the patent to any person authorised by writing under the hand of the Secretary of State to receive the same, and shall, if returned to the comptroller, be again kept sealed by him.
(7.) On the expiration of the term or extended term of the patent, such sealed packet shall be delivered to any person authorised by writing under the hand of the Secretary of State to receive it.
(8.) Where the Secretary of State certifies as aforesaid, after an application for a patent has been left at the patent office, but before the publication of the specification or specifications, the application, specification, or specifications, with the drawings (if any), shall be forthwith placed in a packet sealed by authority of the comptroller, and such packet shall be subject to the foregoing provisions respecting a packet sealed by authority of the Secretary of State.
(9.) No proceeding by petition or otherwise shall lie for revocation of a patent granted for an invention in relation to which the Secretary of State has certified as aforesaid.
(10.) No copy of any specification or other document or drawing, by this section required to be placed in a sealed packet, shall in any manner whatever be published or open to the inspection of the public, but save as in this section otherwise directed, the provisions of this part of this Act shall apply in respect of any such invention and patent as aforesaid.
(11.) The Secretary of State may, at any time by 44, 45. writing under his hand, waive the benefit of this section with respect to any particular invention, and the specifications, documents, and drawings shall be thenceforth kept and dealt with in the ordinary way.
(12.) The communication of any invention for any improvement in instruments or munitions of war to the Secretary of State, or to any person or persons authorised by him to investigate the same or the merits thereof, shall not, nor shall anything done for the purposes of the investigation, be deemed use or publication of such invention so as to prejudice the grant or validity of any patent for the same.
This section is practically a re-enactment of the 22 Vict. c. 13.
Inventions assigned to the Secretary of War under this section are exempt in many ways from the other provisions of the Act, e.g., the invention may be assigned before any application is made for a patent (sub-sect. 3); no proceedings lie for revocation of a patent assigned and certified under sub-sect. 3 (sub-sect. 9); no copy of the specification is published (sub-sect. 10), and the communication to the Secretary of War of an invention does not amount to a publication (sub-sect. 12).
45. (1.) The provisions of this Act relating to aprespecting plications for patents and proceedings thereon shall existing patents. have effect in respect only of applications made after the commencement of this Act (a).
(2.) Every patent granted before the commencement of this Act, or on an application then pending, shall remain unaffected by the provisions of this Act relating to compulsory licences (B).
(3.) In all other respects (including the amount and time of payment of fees) (y) this Act shall
(a) 1st January, 1884. See s. 3.
(B) See s. 22.
(7) See Schedule 2.
extend to all patents granted before the commencement of this Act, or on applications then pending, 45, 46.
in substitution for such enactments as would have applied thereto if this Act had not been passed.
(4.) All instruments relating to patents granted before the commencement of this Act required to be left or filed in the Great Seal Patent Office shall be deemed to be so left or filed if left or filed before or after the commencement of this Act in the Patent Office.
A notice has been issued by the Patent Office to the effect that all "applications" for patents made previous to this Act coming into operation are to be proceeded with in accordance with the old rules. This is adopting the view that the words "proceedings thereon" in subsect. 1 cover all proceedings up to the grant of the patent and filing of the complete specification. The 78th Rule of the Patents Rules also states that the repeal of rules therein mentioned is to be without prejudice to any application pending on the 31st December, 1883.
By sub-sect. 3, the amount and time of payment of fees specified in the Act is to apply to all patents granted before the commencement of the Act, or on applications then pending, i.e., annual payments may be substituted for the two payments of 507. and 1007., or these two payments may be made at end of the fourth and seventh years. (See Introduction.)
The words "in all other respects" in sub-sect. 3, will then refer to proceedings after sealing, and after filing of the complete specification, e.g., amendment of specification, extension, revocation, &c.
46. In and for the purposes of this Act
"Patent" means letters patent for an invention
"Patentee" means the person for the time being and inven
entitled to the benefit of a patent:
Invention" means any manner of new manufac
ture the subject of letters patent and grant of privilege within section six of the Statute of Monopolies