“An Sects. (that is, the Act of the twenty-first year of the reign 46, 47. of King James the First, chapter three, intituled "An Act concerning monopolies and dispensations, with penal laws and the forfeiture thereof"), and includes an alleged invention. Applica tion for registration of designs. In Scotland" injunction" means "interdict." Section 6 of the Statute of Monopolies is as follows:"Provided also, and be it declared and enacted, that any declaration before mentioned (i.e. that the grant of monopolies was contrary to the law of the realm) shall not extend to any letters patent and grants of privilege for the term of fourteen years or under, hereafter to be made, of the sole working or making of any manner of new manufactures within this realm to the true and first inventor and inventors of such manufactures, which others at the time of making such letters patent and grants shall not use, as also they be not contrary to the law nor mischievous to the state, by raising prices of commodities at home, or hurt of trade, or generally inconvenient the said fourteen years to be accounted from the date of the first letters patents or grant of such privilege hereafter to be made, but that the same shall be of such force as they should be if this Act had never been made, and of none other." PART III. DESIGNS. Registration of Designs. 47. (1.) The comptroller may, on application by or on behalf of any person claiming to be the proprietor (a) of any new or original design not previously published in the United Kingdom, register the design under this part of this Act. (2.) The application must be made in the form set forth in the First Schedule to this Act, or in such other form as may be from time to time prescribed (3), (a) Proprietor is defined in s. 61. (8) Form E of Designs Forms has been substituted for Form in Schedule. and must be left at, or sent by post to, the Patent Sect. 47. Office in the prescribed manner (a). (3.) The application must contain a statement of the nature of the design, and the class or classes of goods (B) in which the applicant desires that the design be registered. (4.) The same design may be registered in more than one class. (5.) In case of doubt as to the class in which a design ought to be registered, the comptroller may decide the question. (6.) The comptroller may, if he thinks fit, refuse to register any design presented to him for registration, but any person aggrieved by any such refusal may appeal therefrom to the Board of Trade (y). (7.) The Board of Trade shall, if required, hear the applicant and the comptroller, and may make an order determining whether, and subject to what conditions, if any, registration is to be permitted. The repeal in the third schedule of the 5 & 6 Vict. Repeal of c. 100, and its amending Acts, the 6 & 7 Vict. c. 65; 13 former & 14 Vict. c. 104; 21 & 22 Vict. c. 70; 24 & 25 Vict. Acts. c. 73; and the 38 & 39 Vict. c. 93, has, amongst other things, abolished the distinction between useful and ornamental designs. "It is often difficult," said the memorandum on the Bill, "to determine to which class a design belongs, while a so-called useful design might frequently be the subject of a patent, were it not for the cost. . . . it is proposed to discontinue the distinction between ornamental and useful designs, and to accept for registration any novel design in the proper sense of the word. Such useful designs as embrace a mechanical action would be treated as subject-matter for a patent." Provisional registration of a design for one year is also abolished, and one fixed period of five years is substituted for the various terms of copyright permitted by previous Acts (sect. 50). (a) Designs Rules, 12. (B) See classification of goods in Second Schedule to Designs Rules. (7) Designs Rules, 16-20. Form F (Designs Forms). Sect. 47. Persons The person entitled to register is "any person claiming to be the proprietor." The word "proprietor" is entitled to defined by sect. 61, and means (see note to sect. 61)a. The author of the design. register. Definition b. The person who executed the design for a good or valuable consideration. c. The person acquiring the design or the right to apply it. d. The person on whom the property in the design devolves. The definition of proprietor is similar to the definition contained in the 5 & 6 Vict. c. 100, s. 6, under which it was held, in Lazarus v. Charles, L. R. 16 Eq. 117, that a person who was not the designer, and had not purchased a design for value, was not entitled to register the design, though he had contracted to purchase articles made in pursuance of the design. The definition of a design is given in sect. 60. The of design. design is to be distinguished from the substance to which it is applied (Norton v. Nicholls, 1 Ell. & E. 761), and it may relate to a "pattern," "shape or configuration," or "ornament" of any substance, or to any two or more of such purposes, by whatever means it is applicable (see note to sect. 60). Classes of goods. Articles have, for the purposes of registration of designs, been divided by the third schedule to the Designs Rules into thirteen classes, viz.: 1. Articles composed wholly or partly of metal, not included in Class 2. 2. Jewellery. 3. Articles composed wholly or partly of wood, bone, ivory, papier maché, or other solid substances not included in other classes. 4. Articles composed wholly or partly of glass, earthenware, or porcelain bricks, tiles, or cement. 5. Articles composed wholly or partly of paper (except hangings). 6. Articles composed wholly or partly of leather, including bookbinding of all materials. 7. Paper hangings. 8. Carpets and rugs in all materials, floorcloths, and oilcloths. 9. Lace, hosiery. 10. Millinery and wearing apparel, including boots and shoes. 11. Ornamental needlework or muslin, or other textile Sect. 47. fabrics. 12. Goods not included in other classes. 13. Printed or woven designs in textile piece goods. 14. Printed or woven designs in handkerchiefs and shawls. A design, in order to be entitled to registration, must Designs fulfil two conditions 1. It must be new or original. 66 entitled to registration. 1. Must be new or The Copyright of Designs Act, relating to ornamental designs (5 & 6 Vict. c. 100), used the words "new and original," and it was held under that Act that the por- original. trait of a well-known public character, copied from a photograph, and applied as a design upon earthenware, was not a new and original" design within the meaning of the Act (Adams v. Clementson, 12 Ch. D. 714). A new combination of old designs was held to be a new and original design within the meaning of the same Act (Harrison v. Taylor, 4 H. & N. 815); but it would seem that the design so formed must be one design, and not several designs (Norton v. Nicholls, 1 Ell. & E. 761; Mulloney v. Stevens, 10 L. J. (N. S.) 190). 2. The design must not have been previously published 2. Must in the United Kingdom. not have been published in Application for registration is to be made on Form E (Designs Forms), addressed to the Comptroller, Patent United Office (Designs Branch), 25, Southampton Buildings, Kingdom. Chancery Lane, London. The application is to state the Practice on name and address of the proprietor, the class in which applicathe design is to be registered, and the nature of the tion. design, e.g., whether applicable for pattern or for shape, and the means by which it is applicable. It may be signed by an agent. It must bear the proper stamp, i.e., for one design for single articles (except for classes 13, 14), 10s.; for classes 13, 14, 1s.; for one design for a set of articles in a class, 17. A sketch or drawing of the design, and three exactly similar drawings, photographs, or tracings of the design, or three specimens of the design (provided articles to which designs are applied can be pasted into books) are to be sent with the application. The sketches, drawings, or tracings, are to be fixed. The application, as well as all drawings, sketches, photographs, or tracings of the design, are to be on strong wide-ruled foolscap paper (on one side only) of the size of 13 inches by 8 inches, leaving a margin of not less than one inch and a half on the left-hand part, and are to be signed by E Sects. the applicant or his agent. All documents may be sent 47, 48. by post. The receipt of the application will be acknowledged. If the application be accepted, a certificate of registration will be forwarded. Before refusing an application, the comptroller gives ten days' notice to the applicant. If the applicant desires to be heard, he is to notify the comptroller within five days from the date the notice would have been delivered in the ordinary course of post. (See Designs Rules, 7-15.) Appeal to Drawings, &c., to be furnished tion. If the applicant desires to appeal to the Board of Trade from the refusal of the comptroller to register a design, he is, within one month from the date of the comptroller's decision, to leave at the Patent Office, Designs Branch, a notice of appeal in Form F (Designs Forms), bearing a 17. stamp, accompanied by an unstamped copy. A statement of the applicant's case and of the grounds of appeal, is to be left with the notice. A copy of the notice is also to be sent to the Secretary of the Board of Trade, No. 7, Whitehall Gardens, London. The Board will give directions as to the hearing, and appoint a day for hearing, of which seven days' notice will be given, unless the Board direct shorter notice. (Designs Rules, 16—20.) 48. (1.) On application for registration of a design the applicant shall furnish to the comptroller on applica- the prescribed number of copies of drawings, photographs, or tracings of the design (a) sufficient, in the opinion of the comptroller, for enabling him to identify the design; or the applicant may, instead of such copies, furnish exact representations or specimens of the design (3). (2.) The comptroller may, if he thinks fit, refuse any drawing, photograph, tracing, representation, or specimen which is not, in his opinion, suitable for the official records. For the regulations as to drawings, &c., see note on Practice on Application, under sect. 47. Where the articles to which designs are applied are not of a kind that can be pasted into books, drawings, (a) Three, in addition to original drawing (Designs Rules, 9). (B) See note, s. 47. |