THE PATENTS AND DESIGNS ACT, 1907. 7 EDW. 7, CH. 29. An Act to consolidate the enactments relating to Patents for Inventions and the Registration of Designs and certain enactments relating to Trade Marks. [28th August, 1907.] BE it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: PART I. PATENTS. Application for and Grant of Patent. 1.—(1) An application for a patent may be made by any Application. person who claims to be the true and first inventor of an invention, whether he is a British subject or not, and whether alone or jointly with any other person. (2) The application must be made in the prescribed form, and must be left at, or sent by post to, the Patent Office in the prescribed manner. (3) The application must contain a declaration to the effect that the applicant is in possession of an invention, whereof he, or in the case of a joint application one at least of the applicants, claims to be the true and first inventor, and for which he desires to obtain a patent, and must be accompanied by either a provisional or complete specification. The references in black type are to Frost's "Patent Law and Practice," 3rd Edition, 1906. Specifications. (4) The declaration required by this section may be either a statutory declaration or not, as may be prescribed. Sub-sect. 1 was Act of 1883, sect. 4, sub-sects. 1 and 2. Sub-sect. 3 was Act of 1883, sect. 5, sub-sect. 2. Sub-sect. 4 was Act of 1885, sect. 2. 2. (1) A provisional specification must describe the nature of the invention. (2) A complete specification must particularly describe and ascertain the nature of the invention and the manner in which the same is to be performed. (3) In the case of any provisional or complete specification where the comptroller deems it desirable he may require that suitable drawings shall be supplied with the specification, or at any time before the acceptance of the same, and such drawings shall be deemed to form part of the said specification. (4) A specification, whether provisional or complete, must commence with the title, and in the case of a complete specification must end with a distinct statement of the invention claimed. (5) Where the invention in respect of which an application is made is a chemical invention, such typical samples and specimens as may be prescribed shall, if in any particular case the comptroller considers it desirable so to require, be furnished before the acceptance of the complete specification. Sub-sects. 1, 2, and 3 were, by the (Amendment) Act of 1907, sect. 2, substituted for sub-sects. 3 and 4 of sect. 5 of the Act of 1883. Sub-sect. 1 is Act of 1883, sect. 5, sub-sect. 3, except that the concluding words, "and be accompanied by drawings if required," are omitted. See notes to sub-sect. 3, infra. Sub-sect. 2 is Act of 1883, sect. 5, sub-sect. 4, except that the words "and must be accompanied by drawings if required," are omitted. See note to sub-sect. 3, infra. Sub-sect. 3 gives the comptroller a new power, viz. when he deems it desirable, to require that suitable drawings shall be supplied with either a provisional or a complete specification, or at any time before the acceptance of the same. The comptroller formerly had statutory power only to require that the specification should be accompanied by drawings; now his power is extended to requiring the addition or The references in black type are to Frost's "Patent Law and Practice,” 3rd Edition, 1906. |