within fourteen days after the expiration of the three months, send him by post to his registered address another notice referring to the first notice, and stating that no answer has been received by the Registrar; and if the Registrar either before the second notice is sent receives the first notice back from the Dead Letter Office of the Postmaster-General, or receives the second notice back from that office, or does not within three months after sending the second notice receive any answer thereto from the said person, that person shall, for the purposes of this Rule, be deemed to have ceased to practise, and his name may be erased accordingly.

13. If any registered person shall not, within one month from the day on which his annual registration fee becomes payable, pay such fee, the Registrar may send to such registered person to his registered address a notice requiring him, on or before a day to be named in the notice, to pay his annual registration fee; and if such registered patent agent shall not within one month from the day named in such notice pay the registration fee so due from him, the Registrar may erase his name from the Register: Provided that the name of a person erased from the Register under this rule may be restored to the Register by direction of the Institute or the Board of Trade on payment by such person of the fee or fees due from him, together with such further sum of money, not exceeding in amount the annual registration fee, as the Institute or the Board of Trade (as the case may be) may in each particular case direct. 14. In the execution of his duties the Registrar shall, subject to these Rules, in each case act on such evidence as appears to him sufficient.

15. The Board of Trade may order the Registrar to erase from the Register any entry therein which is proved to their satisfaction to have been incorrectly or fraudulently inserted.

16. If any registered person shall be convicted in Her Majesty's dominions or elsewhere of an offence which, if committed in England, would be a felony or misdemeanour, or after due inquiry, is proved to the satisfaction of the Board of Trade to have been guilty of disgraceful professional conduct, or having been entitled to practise as a Solicitor or Law Agent shall have ceased to be so entitled, the Board of Trade may order the Registrar to erase from the Register the name of such person. Provided that no person shall be adjudged by the Board of Trade to have been guilty of disgraceful professional conduct unless such person has received notice of, and had an opportunity of defending himself from, any charge brought against him.

17.-(1.) Where the Board of Trade direct the erasure from the Register of a name of any person, or of any other entry, the name of the person or the entry shall not be again entered in the Register, except by order of the Board of Trade..

(2.) The Board of Trade may in any case in which they think fit restore to the Register any name or entry erased therefrom either without fee, or on payment of such fee, not exceeding the registration fee, as the Board of Trade may from time to time fix, and the Registrar shall restore the name accordingly.

(3.) The name of any person erased from the Register at the request or with the consent of such person shall, unless it might, if not so erased, have been erased by order of the Board of Trade, be restored to the Register by the Registrar on his application and on payment of such fee, not exceeding the registration fee, as the Institute shall from time to time fix.

18. For the purpose of exercising in any case the powers of erasing from and of restoring to the Register the name of a person, or an entry, the Board of Trade may appoint a committee consisting of such persons as they shall think fit. Every application to the Board of Trade for the erasure from, or restoration to, the Register of the name of any patent agent shall be referred for hearing and inquiry to the committee, who shall report thereon to the Board of Trade, and a report of the committee shall be conclusive as to the

facts for the purpose of the exercise of the said powers by the Board of Trade.

19. Any person aggrieved by any order, direction, or refusal of the Institute or Registrar, may appeal to the Board of Trade.

20. Such person shall, within fourteen days from the date of making or giving of the order, direction, or refusal complained of, leave at the office of the Institute, a notice in writing, signed by him, of his intention to appeal.

21. Such notice is to be accompanied by a statement in writing of the grounds of the appeal, and of the case of the appellant in support thereof.

22. The appellant shall, immediately after leaving such notice, send by post a copy of such notice, with a copy of the case in support thereof, to the Secretary of the Board of Trade, 7, Whitehall Gardens, London.

23. The Board of Trade may thereupon give such directions, if any, as they may think fit as to hearing the appeal.

24. Seven days' notice, or such shorter notice as the Board may direct, shall be given to the appellant, and the Institute, and the Registrar, of the time and place of the hearing.

25. The appeal may be heard by the President, or Secretary, or an Assistant Secretary of the Board of Trade.

26. The following fees are to be paid to the Registrar :

..

For registration of name
Annual fee to be paid by every registered patent
agent on or before November 30th of each year in
respect of the year commencing January 1st
following..

..

£5 5 0

£3 3 0

On entry of candidate for final qualifying ex

amination..

PATENT RULES, 1890. Rule 8. An application for a patent must be signed by the applicant, but all other communications between the applicant and the comptroller and all attendances by the applicant upon the comptroller may be made by or through an agent duly authorised to the satisfaction of the comptroller, and, if he so require resident in the United Kingdom.

Rule 69. (A request for entry of subsequent proprietorship in the Register) shall in the case of individuals be made and signed by the person requiring to be registered as proprietor, or by his agent duly authorised to the satisfaction of the comptroller, and in the case of a body corporate by their agent, authorised in like manner.

(e) GIBSON v. BRAND. [1842]

He who causes and procures to be made articles which are infringements is himself guilty of infringement.

P. C. 631.)

(f) BENTLEY v. FLEMING. [1844]

(1 Web.

The testing of an invention by an agent is no publication. (1 C. & K. 587.)

(9) STEEDMAN v. MARSH. [1856]

(See Milligan v. Marsh, 2 Jur. N. S. 1083). Wood, V.-C.: If the defendant had been Milligan's agent, and had availed himself of that capacity to wrong Milligan, the Court would probably have held him a trustee for any use he chose to make for his own

benefit of the property so entrusted to him as general agent. (2 Jur., N. S., 391.)

(h) WHEATSTONE v. WILD. [1861]

:

Wood, V.-C. A person who endeavours to place himself in the position of an agent to a patentee, and afterwards infringes his: patent, is in a different position from a mere ordinary manufacturer who says, "I have a right, as a rival manufacturer, to avail myself of a flaw in your patent, or of a distinction between my patent and yours." The position of an agent is different, for whatever information he has gained is acquired confidentially, and there is a prima facie presumption against his coming into the field as a fair competitor against the person who originally obtained the patent. (Griff. 247.)

(i) In re NEWTON'S PATENT. [1861]

Extension granted to a petitioner who had obtained the letters patent as agent and trustee for a foreign inventor. (14 Moo. P. C. C. 156.)

(j) LEE v. WALKER. [1872]

On the 28th of April, 1870, the plaintiffs retained the defendant, a patent agent, to obtain for them letters patent for "a new automatic vase or dépôt for holding coals," and on the 30th a provisional specification was filed. Nothing more was done by the defendant until the end of August, when he gave notice of his intention to proceed with the patent, pursuant to sect. 12 of 15 & 16 Vict. c. 83; and in October he applied for the fiat of the Attorney-General for sealing the patent.

In the meantime, viz., on the 15th of June, 1870, one P. had, as the defendant was aware, filed a provisional specification for "improvements in coal vases," substantially the same plaintiff's invention, and had, on the 10th of September, obtained a grant.

as the

The Attorney-General rejected the plaintiffs' application, upon the authority of the decision in Ex parte Bates, of which, though pronounced in May, 1869, the defendant was ignorant:-Held, that there was evidence of negligence on the part of the defendant. (L. R., 7 C. P. 121.)

(k) ADAMS v. NORTH BRITISH RAILWAY COMPANY. [1873]

To a bill stating an agreement made between a general agent of the patentees of an American invention to introduce and sell the invention in Great Britain and the plaintiff, whereby the plaintiff was to have the sole agency and control of the working of the patent in England upon certain terms, including a share of royalties and profits, praying for an account for damages, and an injunction to restrain future infringements, the defendants, who were alleged to be using the invention, demurred:-Held, that the plaintiff was a mere agent for the sale of the invention, and was in no such position as gave him the right to file such a bill, which

was in the form of a patentee's bill for infringement. (29 L. T. Rep., N. S., 367.)

(1) TOWNSEND v. HAWORTH. [1875]

A. does not infringe a patent for the use of well-known chemical substances in a specified manner by selling the known chemical substances to B. with knowledge that B. intends to use them in infringement of the patent, the validity of which he disputes. (L. R., 12 Ch. D. 831 (n.), and v. inf., p. 165 (u).)

(m) BAILLIE v. GOODWIN & Co. [1886]

An action was instituted against the defendants, who were resident in Scotland, for infringement of a patent for improvements in stamping corrugated plates. The defendants employed one Macphail, who had offices at 20, Bucklersbury, as their agent, and, as they alleged for convenience, the defendants' firm's name was affixed to these offices, and the firm's letter paper was headed "London Office, 20, Bucklersbury, Mansion House, E.C." The writ was served on Macphail, and the defendants moved to set aside service on the ground that Macphail had no authority to take orders for the defendants, and that the defendants did not manufacture, sell, or exhibit goods at Macphail's offices, and that their business was not managed or directed by him :-Held, that Macphail was only an agent and not a servant of the defendants, and that the service must be set aside. (3 O. R. 283.)

(n) ANDERSON AND MCKINNELL'S APPLICATION. [1887]

An agent duly authorised may sign a notice of appeal from the comptroller to the law officer. (2 Griff. 23.)

Alteration. See Amendment.

Ambiguity in Specification. See Specification, Complete, Ambiguity in, pp. 436 to 445.

(0) CAMPION v. BENYON. [1821]

If there be any ambiguity, either in the patent itself or in the specification in any material point, it is of itself a ground for rendering the patent absolutely void. (6 B. Mo. 71; 3 B. & B. 5.) (p) NEILSON v. HARFORD. [1841]

Where the title was ambiguous, but was sufficiently explained by the specification, and was not at variance with it, held that such ambiguity was not fatal. (8 M. & W. 806; 1 Web. P. C. 331.)

Amendment.

Amendment generally—

Patents Act, 1883. Sects. 7, 9, 18, 19, 20, 21. Rules 52 to 59, pp. 9

to 11

conditions annexed to, p. 12 (r)

should not include knowledge acquired subsequently, 12 (s)

under Act of 1883 will date from Jan. 1st, 1884, 11 (7), 12 (r).

Amendment by Disclaimer

patentee who has assigned may enter disclaimer, p. 12 (t)

amendment by disclaimer asked for before the grant, p. 13 (y)

what is a pending action within sect. 18, sub-sect. 10, pp. 12 (w), 13 (a) (b), 14 (c) (f)

amendment not in accordance with advertisement, p. 14 (g)

cannot be opposed by one of the public on ground of prior patent, p. 14 (d) must not unjustifiably impute want of novelty to prior patent, p. 14 (e). Amendment by Disclaimer, when allowed, and on what termsinvalidity of patent, 15 (i) (j)

want of novelty in part, 15 (m)

materiality in part, 15 (1) (m)

extension of exclusive right, pp. 15 (k) (l), 17 (1), 24 (t)

creation of a new liability, p. 15 (m)

reasons for entering, pp. 16 (o), 24 (v)

removal of all claiming clauses, p. 17 (8)

verbal alterations, p. 17 (s)

should appear on face of specification, p. 16 (n)

amendments which would make the invention substantially different not

allowed, pp. 16 (g), 17 (r) (t), 18 (u) (w), 19 (k)

but should be allowed when there is a doubt, pp. 16 (n), 18 (u).

Terms imposed

discretion of judge as to, is unfettered, pp. 21 (d), 22 (i)

when leave given pending action, pp. 20 (y) (a) (b), 21 (e) (e1) (ƒ), 22 (g) (h) (i)

when no action is pending, pp. 19 (x) (u), 21 (c) (d), 23 (9). Operation of

becomes part of patent, pp. 22 (1) (m), 23 (0)

does not import invalidity of patent, p. 23 (n)

on infringements prior to, pp. 22 (1), 23 (n) (o) (p)

not explanatory of specification, p. 23 (r)

introductory sentences, p. 24 (v)

reasons for entering, p. 16 (o), 24 (v)

is an irrevocable surrender of the part disclaimed, p. 25 (z)

is a nullity if it makes the patent substantially larger, p. 27 (ƒ)

effect of terms imposed as condition for allowing amendment on stock in hand, p. 26 (a) (b) (c).

Practice

Comptroller-General as a rule should neither give nor receive costs, p. 28 (1). Amendment of clerical errors—

Patents Act, 1883, sect. 91: Rules 16 and 59, p. 28.

Amendment of Particulars of Breaches, p. 319 (w)

Particulars of Objections, pp. 305 (s) (t), 306 (v) (w) (x)
Petition for Extension, p. 104 (a).

Amendment generally.

Patent Act, 1883, sect. 7, amended by Patents Act, 1888, sect. 2. For sect. 7 of the principal Act the following section shall be substituted: 7.-(1.) If the examiner reports that the nature of the invention is not fairly described, or that the application, specification, or drawings has not, or have not, been prepared in the prescribed manner, or that the title does not sufficiently indicate the subject matter of the invention, the comptroller may refuse to accept the application, or require that the application, specification, or drawings be amended before he proceeds with the application; and in the latter case the application shall, if the comptroller so directs, bear date as from the time when the requirement is complied with.