Provisions as to exhibitions. Publication of illustrated journal, indexes, &c. 45.-(1) The exhibition of an invention at an industrial or international exhibition, certified as such by the Board of Trade, or the publication of any description of the invention during the period of the holding of the exhibition, or the use of the invention for the purpose of the exhibition in the place where the exhibition is held, or the use of the invention during the period of the holding of the exhibition by any person elsewhere, without the privity or consent of the inventor, shall not prejudice the right of the inventor to apply for and obtain a patent in respect of the invention or the validity of any patent granted on the application, provided that (a) the exhibitor, before exhibiting the invention, gives the comptroller the prescribed notice of his intention to do so; and (b) the application for a patent is made before or within six months from the date of the opening of the exhibition. (2) His Majesty may by Order in Council apply this section to any exhibition mentioned in the Order in like manner as if it were an industrial or international exhibition certified as such by the Board of Trade, and any such Order may provide that the exhibitor shall be relieved from the condition of giving notice to the comptroller of his intention to exhibit, and shall be so relieved either absolutely or upon such terms and conditions as may be stated in the Order. Sub-sect. 1 was Act of 1883, sect. 39. Sub-sect. 2, in accordance with the provisions of Act of 1886, sect. 3, extends sect. 1 to exhibitions held out of the United Kingdom. See Patents Rules, 1908, r. 101. 46.-(1) The comptroller shall issue periodically an illustrated journal of patented inventions, as well as reports of patent cases decided by courts of law, and any other information that he may deem generally useful or important. (2) Provision shall be made by the comptroller for keeping on sale copies of such journal, and also of all complete specifications of patents in force, with any accompanying drawings. (3) The comptroller shall continue, in such form as he deems expedient, the indexes and abridgments of specifications hitherto published, and shall prepare and publish The references in black type are to Frost's "Patent Law and Practice," 3rd Edition, 1906. such other indexes, abridgments of specifications, catalogues, and other works relating to inventions, as he thinks fit. This section was Act of 1883, sect. 40. Museum. 47.-(1) The control and management of the Patent Patent Museum and its contents shall remain vested in the Board of Education, subject to such directions as His Majesty in Council may think fit to give. (2) The Board of Education may at any time require a patentee to furnish them with a model of his invention on payment to the patentee of the cost of the manufacture of the model, the amount to be settled, in case of dispute, by the Board of Trade. Sub-sect. 1 of this section continues the provisions of Act of 1883, sect. 41, which transferred the control and management of the then existing Patent Museum and its contents to the Department of Science and Art; and sub-sect. 2 was Act of 1883, sect. 42. In both sub-sections the words "Board of Education" are substituted for the words "Science and Art Department" in the old sections. waters. 48.-(1) A patent shall not prevent the use of an in- Foreign vessels vention for the purposes of the navigation of a foreign vessel in British within the jurisdiction of any of His 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) This section shall not extend to vessels of any foreign state of which the laws do not confer corresponding rights with respect to the use of inventions in British vessels while in the ports of that state, or in the waters within the jurisdiction of its courts. Sub-sect. 1 is verbatim the same as Act of 1883, sect. 43, subsect. 1. Sub-sect. 2 is Act of 1883, sect. 43, sub-sect. 2, but expressed in a more condensed form of words, which, however, do not make any alteration in the law. The use of a patented invention in a British ship outside British waters is no infringement of a British patent. This is so notwithstanding the doctrine that a vessel of a country is the The references in black type are to Frost's "Patent Law and Practice," 3rd Edition, 1906. territory of that country, because the grant of a British patent is, by its terms, limited to the United Kingdom and the Isle of Man (see sect. 14, ante, Vol. I., p. 181). Use within British waters is, of course, use in Britain. Application for designs. PART II. DESIGNS. Registration of Designs. 49.-(1) The comptroller may, on application made in registration of the prescribed form and manner of any person claiming to be the proprietor of any new or original design not previously published in the United Kingdom, register the design under this Part of this Act. (2) The same design may be registered in more than one class, and, in case of doubt as to the class in which a design ought to be registered, the comptroller may decide the question. (3) 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 to the Board of Trade, and the Board shall, after hearing the applicant and the comptroller, if so required, make an order determining whether, and subject to what conditions, if any, registration is to be permitted. (4) An application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration to be effected within the prescribed time shall be deemed to be abandoned. (5) A design when registered shall be registered as of the date of the application for registration. Sub-sect. 1 comprises Act of 1883, sect. 47, sub-sects. 1, 2, and 3. The use of the words, "made in the prescribed manner," together with the power conferred on the Board of Trade by sect. 86, subsect. 1 (a), to make general rules for regulating the practice of registration under the Act, and the provisions of sect. 86, sub-sect. 2, to the effect that general rules shall, whilst in force, be of the same effect as if they were contained in the Act, renders the repetition of Act of 1883, sect. 47, sub-sects. 2 and 3 and sect. 48 unnecessary. The references in black type are to Frost's "Patent Law and Practice," 3rd Edition, 1906. Sub-sect. 2 is composed of Act of 1883, sect. 47, sub-sects. 4 and 5; and sub-sect. 3 is composed of Act of 1883, sect. 47, subsects. 6 and 7. Sub-sects. 4 and 5 are new. They were (Amendment) Act of 1907, sect. 29, sub-sects. 8 and 10 respectively. The procedure under this section is regulated by Designs Rules, 1908, rr. 13-36 and 80-88. classes. 50. Where a design has been registered in one or more Registration of classes of goods the application of the proprietor of the designs in new design to register it in some one or more other classes shall not be refused, nor shall the registration therefore be invalidated (a) on the ground of the design not being a new and original design, by reason only that it was so previously registered; or (b) on the ground of the design having been previously that it has been applied to goods of any class in This section is new. It was (Amendment) Act of 1907, sect. 33. The object of the section is to enable the proprietor of the design, though he has already registered it under the previous section, to register it in another class or other classes, provided that, apart from the previous registration and application (if any) to goods in the class or classes for which it was previously registered, it is a new or original design not previously published. 51. (1) The comptroller shall grant a certificate of regis- Certificate of tration to the proprietor of the design when registered. (2) The comptroller may, in case of loss of the original certificate, or in any other case in which he deems it expedient, furnish one or more copies of the certificate. This section was Act of 1883, sect. 49. registration. designs. 52. (1) There shall be kept at the Patent Office a book, Register of called the Register of Designs, wherein shall be entered the names and addresses of proprietors of registered designs, notifications of assignments and of transmissions of registered designs, and such other matters as may be prescribed. (2) The register of designs existing at the commencement of this Act shall be incorporated with and form part of the register of designs under this Act. The references in black type are to Frost's "Patent Law and Practice," 3rd Edition, 1906. Copyright on registration. Requirements (3) The register of designs shall be prima facie evidence of any matters by this Act directed or authorised to be entered therein. This section is the same as Act of 1883, sect. 5, with the addition of sub-sect. 2. This addition is necessary in order to preserve the register existing at the commencement of the Act as a part of the continuing register. Copyright in Registered Designs. 53.-(1) When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during five years from the date of registration. (2) If within the prescribed time before the expiration of the said five years application for the extension of the period of copyright is made to the comptroller in the prescribed manner, the comptroller shall, on payment of the prescribed fee, extend the period of copyright for a second period of five years from the expiration of the original period of five years. (3) If within the prescribed time before the expiration of such second period of five years application for the extension of the period of copyright is made to the comptroller in the prescribed manner, the comptroller may, subject to any rules under this Act, on payment of the prescribed fee, extend the period of copyright for a third period of five years from the expiration of the second period of five years. Sub-sect. 1 was Act of 1883, sect. 50, sub-sect. 1. Sub-sects. 2 and 3 are new. They together constituted (Amendment) Act of 1907, sect. 31, sub-sect. 1. Formerly registration only lasted for five years. Now, under sub-sect. 2, the proprietor, if he conforms to the procedure laid down in the sub-section, is entitled to copyright in the design for a second period of five years. And under sub-sect. 3 he is, subject to any rules under this Act, entitled to copyright for a third period of five years. Rules in reference to this section have been made. They are Designs Rules, 1908, rr. 37-42. 54.-(1) Before delivery on sale of any articles to which before delivery a registered design has been applied, the proprietor shall— on sale. The references in black type are to Frost's "Patent Law and Practice,” 3rd Edition, 1906. |