petition for revocation was transferred to be tried with the action. (W. N. 1890, p. 149.) Revocation of Order of Privy Council as to extension. See p. 134 (k). Rival patentees, application by. See pp. 54-56 Court of Chancery did not interfere between, by injunction. See p. 331 (r). Royal Arms. Penalty for using without a licence. See Offences, p. 268. Royalties, agreement for suspension of, for non-restraint of infringement, p. 214 (ƒ) covenant to pay, not qualifi d by covenant to account, p. 213 (z). Rules of judicial committee, pp. 98, 99 of construction of specifications, pp. 460–480. of practice before Law Officer, p. 380 of Patent Office, for index see at the end of Table of Cases. Sale, of patented Article. publication by. See under Novelty, pp. 265, 266 infringement by. See under Infringement, pp. 163–171 after expiration of term restrained, if manufactured before expiration, p. 349 (u) (v). of Patent, contract for, does not imply warranty of title, pp. 68 (n), (o) 71 (z) but only that the patent has been granted, p. 68 (0) set aside for fraud, p. 67 (i) time of the essence of a contract for, p. 67 (k) acceptance of part payment for, p. 67 (k) contract for, on completion of patent, pp. 68 (m), 69 (†) of part of, pp. 69 (q), 287 (t). Sales, account of. See pp. 367-373. Scientific principles are not the proper subject of a patent. See pp. 540-544. Scire Facias. PATENTS ACT, 1883, sect. 26. (1.) The proceeding by scire facias to repeal a patent is hereby abolished. [See under Revocation.] Scotland. PATENTS ACT, 1883, sect. 107. In any action for infringement of a patent in Scotland the provisions of this Act, with respect to calling in the aid of an assessor, shall apply, and the action shall be tried without a jury, unless the Court shall otherwise direct, but otherwise nothing shall affect the jurisdiction and forms of process of the Courts in Scotland in such an action or in any action or proceeding respecting a patent hitherto competent to those Courts. For the purposes of this section “Court of Appeal "shall mean any Court to which such action is appealed. 108. In Scotland any offence under this Act declared to be punishable on summary conviction may be prosecuted in the Sheriff Court. 109. (1.) Proceedings in Scotland for revocation of a patent shall be in the form of an action of reduction at the instance of the Lord Advocate, or at the instance of a party having interest with his concurrence, which concurrence may be given on just cause shown only. (2.) Service of all writs and summonses in that action shall be made according to the forms and practice existing at the commencement of this Act. Sea, acts done at, p. 159 (b) acts done on foreign ship in British waters, Patents Act, 1883, sect. 43, p. 145. NEWALL v. ELLIOTT. [1864] A patent limited to the United Kingdom, the Channel Islands, and the Isle of Man, cannot be infringed by any act done on board an English vessel at Malta or on the high seas. (10 Jur., N. S. 954.) Seal. PATENTS ACT, 1883, sect. 84. There shall be a seal for the Patent Office, and impressions thereof shall be judicially noticed and admitted in evidence. Sealing of Patent, not to prevent sealing of another patent on an earlier application. PATENTS ACT, 1883, s. 13, p. 80. Secret Process, evidence of will be heard in camerâ, (1) BADISCHE ANILIN UND SODA FABRIK v. LEVINSTEIN. [1883] Where in an action for infringement of a patented process the defendant alleges that he attains his result by a secret process, differing from that of the plaintiff, he will not be compelled to answer questions which would disclose that process, but he may, if necessary, describe it to the Court in camera. (24 Ch. D. 156.) Secretary of State. PATENTS ACT, 1883, sect. 44. (1.) The inventor of any improvement in instruments or munitions of war, his executors, administrators, or assigns (who are in this section comprised 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 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 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. Secret User, does not invalidate patent. See Novelty, pp. 242, 243 (m) BLOXAM v. ELSEE. N. P. [1825] If a servant, while in the employ of his master, makes an invention, that invention belongs to the servant, and not to the master. (1 C. & P. 558; Ry. & Mo. 187.) Simultaneous Discoveries, person discovering invention contemporaneously with patentee may be liable for infringement, p. 157 (y). Specification, Statutory provisions— provisional or complete to accompany application, Patents Act, 1883, sect. 5, p. 410 not to be published if abandoned, Patents Act, 1885, sect. 4, p. 1. must commence with title, Patents Act, 1883, sect. 5 (5), p. 410 provisional, must describe nature of invention, sect. 6, p. 411 and be accompanied by drawings if required, sect. 6, p. 411 form of, sect. 33, p. 146 complete, contents of, sect. 5 (4), p. 410 must end with claim, sect. 5 (5), p. 410 may refer to drawings left with provisional, Patents Act, 1886, sect. 2, p. 411 form of, sect. 33, p. 146 reference to examiner, Patents Acts, 1883, sects. 6, 7, and 9; and 1888, sects. 2 and 3, pp. 34, 35 time for leaving, Patents Acts, 1883, sect. 8; 1885, sect. 3, p. 35 acceptance of, Patents Act, 1883, sect. 10, p. 2 protection by, sect. 14 and 15, p. 396 amendment of, sects. 18 to 21, pp. 10, 11 rules as to, on application, Patent Rules, 1890, 18 to 23, p. 37, on foreign application, rules 24 to 28, p. 62, as to drawings accompanying, rules 30 to 33, p. 84. Provisional specification— first introduction of, pp. 412 (p), 415 (b) when published becomes part of final specification, p. 414 (†) need only describe nature of invention, pp. 411 (n), 412 (p), (r), 414 (w) generality of, p. 412 (r) part of, may be omitted from complete specification, pp. 412 (r), 413 (s) will not supply defect in complete specification, p. 412 (0) abandonment of, pp. 248 (y), 414 (v) inspection of, p. 60 (s) two for same invention by different inventors, may be filed, pp. 55 (k), 414 (v) does not claim anything, p. 414 (u) omission in, p. 418 (e) need not describe mode of carrying out invention, p. 414 (w). Variance between provisional and complete specifications— variance from title, pp. 565-569 Court of Chancery granted issue for jury to try the question of, p. 354 (r) when alleged infringement is not covered by provisional, p. 415 (b) claim in complete is not foreshadowed by provisional, p. 420 (j) two instruments mentioned in provisional and only one in complete, p. 415 (z) complete specification describes a different invention, p. 418 (d) or an additional invention, p. 418 (e) patent is bad altogether and not only as to addition, p. 418 (ƒ) fresh discoveries as to mode of carrying out invention inserted in complete, pp. 419 (g), 420 (h), (i). Complete specification must be sufficient and intelligible without experimentsmust describe nature of invention, pp. 421 (m), 422 (o), 424 (v), 425 (b), 446 (n) and how it is to be performed, pp. 422 (o), 424 (v), (z), 425 (b), 430 (u), 432 (b) to secure useful novelties to public, pp. 422 (p), (q), 429 (p), (r), 436 (g) and avoid inadvertent infringement, pp. 425 (b), 427 (g), 429 (p), (s), 446 (0), 447 (s) must be clear, pp. 421 (m), 423 (t), 426 (c), 429 (s), 436 (i), 440 (u) precise, pp. 423 (u), 424 (y), (z), 442 (c) fair, honest, and open, pp. 425 (b), 426 (c), 428 (1) not be obstructing, p. 429 (7) sufficiency may be ascertained by experiment, p. 430 (v) must be intelligible to persons having skill in the trade, pp. 421 (m), (n), 422 (q), 424 (w), (x), 426 (d), (e), 427 (h1), (i) to persons of ordinary skill, pp. 423 (r), 424 (w), 425 (b), 426 (ƒ), 427 (i), 429 (s), 430 (s) correction of errors by, pp. 421 (n), 430 (t), 431 (y) to mechanics, pp. 421 (1), 428 (n), 430 (x) to artists, pp. 422 (o), 427 (i) to readers of specifications, p. 428 (n) to chemists, pp. 428 (n), 436 (i) must be sufficient without experiments, pp. 423 (u), 430 (t) or invention, pp. 421 (7), 425 (b), 426 (ƒ), 428 (k) or addition, pp. 421 (1), 424 (x), 426 (ƒ) or correction, pp. 426 (ƒ), 430 (t) or repeated trials, pp. 421 (7), 423 (u) to produce some beneficial effect, pp. 406 (ƒ), 428 (k) whether it is, is a question for the jury, pp. 429 (6), 430 (w). Must be candid and not misleading or ambiguous— must be caudid as to use of cheap materials, p. 436 (i) as to saving of labour, p. 437 (k) as to mode of construction, pp. 438 (7), 442 (b), 443 (d) as to improvements made before filing of specification, pp. 419 (g), 420 (h), 440 (4), (r), 457 (z) must not state many modes when one only will succeed, p. 439 (0), (p) must not be misleading, p. 436 (h) from omissions, pp. 436 (g), 439 (n) from purposely describing, as material, useless things or methods, pp. 436 (h), (i), 437 (j), 438 (m), 439 (o), (p), 441 (v), 443 (e) from inaccuracy, pp. 436 (i), 441 (x) must not be ambiguous, pp. 440 (u), 441 (w), 442 (y), (c), 445 (j) respecting proportions of ingredients, pp. 428 (7), 442 (c), 444 (ƒ*) materials to be used, p. 444 (f), (g) when ambiguity affects degree of benefit only, pp. 442 (y), 445 (i). Must specify an improvement, and distinguish what is new from what is old in a patent for a combination, pp. 448 (x), (y), 449 (z), 450 (ƒ) improvements on a known machine, pp. 445 (k), 447 (p), 449 (c) a prior patent, pp. 446 (m), 447 (t), 448 (w) a partly communicated invention, p. 449 (a) or will be deemed to claim all described, pp. 447 (r), (t), 448 (w) except things notoriously old, pp. 448 (w), 460 (j) or which manifestly form no part of invention, p. 448 (x) may be done by drawings, p. 449 (d). Must not claim too much by claiming what is not new, pp. 454 (o), 455 (p), (1), (r), 456 (w), 457 (b), 458 (c), (d) has not been discovered, pp. 455 (s), 456 (u), (v) will not succeed, pp. 456 (x), 457 (y), 458 (e) application instead of mode of application of principle, pp. 224 (d), 454 (o), 456 (u), 457 (b), 458 (c), (d), 459 (g) immaterial whether done fraudulently or inadvertently, p. 455 (q) if not claimed as essential, p. 456 (t) Construction of— a matter of law for the Court, pp. 461 (1), (p), 468 (i), (j), 469 (n), 470 (p) when jury have explained terms, pp. 461 (1), (p), 470 (p) |