himself of his interest in the patent in his lifetime, the right of "survivorship accrues on the death of one of the copatentees. By this right of "survivorship," the deceased's interest passes to the other owners of the patent, and does not pass to his legal representatives. To prevent the operation of this technical rule, and also that which relates to the independent working or selling of the patent without reference to the interests of the others (p. 97), contracts are often entered into between the parties so as to vary to the extent set out in the contracts the relative positions originally accorded them.

If no patent has been granted, and a person represents that an article sold by him is patented, he is liable on summary conviction to a fine of five pounds. A marking such as this is also an offence under the Merchandise Marks Act of 1887. But there is no compulsion on the grant of a patent to mark the article with the word "patent," or place upon it the number of the patent.

As regards "patent medicines," i.e. proprietary, they are usually secret compounds and are not protected by letters patent. For their sale, a revenue stamp merely is required. The compositions of medicines which are the subject of letters patent are, of course, published through the specifications.

THE REGISTER OF PATENTS

As soon as a patent has been granted an entry is made in the Register of Patents. The Patent Act of 1883 and the rules made thereunder direct the entry in the register of the assignments of patents, licences, amendments, extensions of the patent term, revocations, lapsings, the payment of fees, and, in general, the transmissions and devolutions from one to another of proprietorial interests in patents. But an entry upon the Register of devolutions of part or whole proprietorships subsequent to the grant is voluntary. The Register, therefore, does not necessarily show at any given time the names of those who may own or have interests in a particular patent. If, however, an entry is made upon the Register, the risk to the

owner of being divested of his proprietorship, in favour of someone to whom a patent has been transferred without notice of the previous proprietorship, may be considerably lessened. The highly technical rule to which this refers may be further explained. Since patents are property, and can be dealt with as such, the rules which relate to the tracing of the ownership of property through different hands have been applied to patents. Thus by the Act, the rights of registered proprietors are made subservient to such "equities may be outstanding. Some of these rules deal with the effect of the transferees having knowledge of prior proprietorial claims. The law of property, in settling whether the transferee of property is its exclusive owner, or whether his claims must be deferred to those of others, lays stress upon the presence or absence of this knowledge or "notice," as it is termed. Theoretically, perhaps, the Statutory Register should operate as notice to all who deal with the ownership or with proprietorial interests, so that notice of what is entered should be imputed to them, whether or no the entries had actually been seen by them or their agents. Unfortunately, no clear authoritative utterances as to the effect of the Register in this manner upon those who have not actually searched it are forthcoming. So far as can be judged from judicial statements in the case of patents, and in the case of registers in other branches of the law, it would almost seem that an entry in the Register is not "notice" to interested parties unless it has actually been seen by them. But this is trenching upon debateable matter and will not further be dealt with.

Notices of trusts concerning patents are forbidden to be entered. Thus a person cannot put his own name on the Register with notice that he is a trustee for another, but the document which creates the trust may be entered. A mere letter, therefore, which agrees to give a share in

EXTENSION OR PROLONGATION OF THE TERM OF PATENTS

In special circumstances, the Crown, on the recommendation of the Judicial Committee of the Privy Council, is empowered to extend the statutory term up to a period of seven years, and exceptionally to fourteen years. Formerly, when extension was required, a special Act was necessary in each case, but owing to the frequency of such applications to Parliament a general Act was passed in 1835, and the necessary power was conferred on the Crown. The Act of 1883 repealed that of 1835 and substantially re-enacted its provisions on the subject. The Judicial Committee, in considering its decision, has regard to the nature and merits of the invention in relation to the public, to the profits made by the patentee, and to all the circumstances of the case. To justify an extension there must be something more than ordinary merit in the invention, and, further, the remuneration received by the patentee from the public must have been inadequate. Thus, evidence that the invention from its nature was unlikely to be taken up during the ordinary period of patent-protection, or that from no fault of the patentee the public had not appreciated the invention, and that the patentee had endeavoured to make it commercially successful, would receive favourable consideration. But unless it appear that the original patentee will, directly or indirectly, be benefited, no extension will be recommended. Opportunities are afforded to interested parties to oppose the extension. If the term is extended, it may be coupled with restrictions or conditions in the discretion of the Judicial Committee.

THE CONFIRMATION OR STATUTORY REVIVAL OF LAPSED OR INVALID LETTERS PATENT

The statutory power that the Privy Council possessed of confirming a patent which was invalid owing to a publication of the invention prior to the date of the patent was taken away by the Act of 1883. It is therefore now necessary, in

ENFORCEMENT OF PATENT RIGHTS: INFRINGEMENT

By the terms of the Royal Grant, "all our subjects" within the United Kingdom and the Isle of Man are commanded "that they do not . . . make use of or put into practice the said invention . . . without the consent licence or agreement of the said patentee in writing under his hand and seal on pain of incurring such penalties as may be justly inflicted . . . and of being answerable to the patentee according to law for his damages thereby occasioned."

But manifestly before a subject-a word which must here be held to include a foreigner within the jurisdiction of our Courts-is adjudged a wrong-doer, he must be shown to have acted contrary to the prohibition; or, in other words, he must be proved to have violated or infringed the rights which have been conferred upon the patentee. In order, then, to receive recompense and to obtain a judicial acknowledgment of existing rights, and at the same time to obtain an injunction against the offender, an action for infringement is set on foot. In the case of patents of long standing and of those which have been judicially recognised as subsisting, an injunction may be obtained even before the action is tried.

The means which have been prescribed at various times for the enforcement of patent rights have a long and involved history. At the present day the procedure is relatively

simula hut from time to time demands are made for methods.