94. Where any discretionary power is by this Act given to the comptroller, he shall not exercise that power adversely to the applicant for a patent, or for amendment of a specification, or for registration of a trade mark or design, without (if so required within the prescribed time by the applicant) giving the applicant an opportunity of being heard personally or by his agent.

Part V. General.

Exercise of

power by

discretionary

comptroller.

comptroller

directions of

95. The comptroller may, in any case of Power of doubt or difficulty arising in the administration to take of any of the provisions of this Act, apply to either of the law officers for directions in the matter.

law officers.

comptroller to

96. A certificate purporting to be under Certificate of the hand of the comptroller as to any entry, be evidence. matter, or thing which he is authorised by this Act, or any general rules made thereunder, to make or do, shall be primà facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left undone.

and notices

97. (1.) Any application, notice, or other Applications document authorised or required to be left, by post. made, or given at the Patent Office or to the comptroller, or to any other person under this Act, may be sent by a prepaid letter through the post, and if so sent shall be deemed to have been left, made, or given respectively at the time when the letter containing the same

Part V. General.

Provision
as to days
for leaving
documents at
office.

Declaration by infant, lunatic, &c.

would be delivered in the ordinary course of post.

(2.) In proving such service or sending, it shall be sufficient to prove that the letter was properly addressed and put into the post.

98. Whenever the last day fixed by this Act, or by any rule for the time being in force, for leaving any document or paying any fee at the Patent Office, shall fall on Christmas Day, Good Friday, or on a Saturday or Sunday, or any day observed as a holiday at the Bank of England, or any day observed as a day of public fast or thanksgiving, herein referred to as excluded days, it shall be lawful to leave such document, or to pay such fee on the day next following such excluded day or days if two or more of them occur consecutively.

99. If any person is, by reason of infancy, lunacy, or other inability, incapable of making any declaration or doing anything required or permitted by this Act or by any rules made under the authority of this Act, then the guardian or committee (if any) of such incapable person, or if there be none, any person appointed by any Court or Judge possessing jurisdiction in respect of the property of incapable persons, upon the petition of any person on behalf of such incapable person, or of any other person interested in the making such declaration or doing such thing, may

make such declaration or a declaration as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of such incapable person, and all acts done by such substitute shall for the purposes of this Act be as effectual as if done by the person for whom he is substituted.

Part V. General.

100. Copies of all specifications, drawings, Transmission and amendments left at the Patent Office after

the commencement of this act, printed for and sealed with the seal of the Patent Office, shall be transmitted to the Edinburgh Museum of Science and Art, and to the Enrolments Office of the Chancery Division in Ireland, and to the Rolls Office in the Isle of Man, within 21 days after the same shall respectively have been accepted or allowed at the Patent Office; and certified copies of or extracts from any such documents shall be given to any person requiring the same on payment of the prescribed fee; and any such copy or extract shall be admitted in evidence in all Courts in Scotland and Ireland and in the Isle of Man without further proof or production of the originals.

of certified

printed copies of specifica

tions, &c.

101. (1.) The Board of Trade may from time to time make such general rules and such things as they think expedient, subject

do

to make

general rules

to

for classifying

the provisions of this Act:

goods and regulating business of

(a.) For regulating the practice of regis- Patent Office.

tration under this Act:

Part V. General.

(b.) For classifying goods for the purposes of designs and trade marks :

(c.) For making or requiring duplicates of specifications, amendment, drawings, and other documents:

(d.) For securing and regulating the publishing and selling of copies, at such prices and in such manner as the Board of Trade think fit, of specifications, drawings, amendments, and other documents:

(e.) For securing and regulating the making, printing, publishing and selling of indexes to, and abridgments of, specifications and other documents in the Patent Office; and providing for the inspection of indexes and abridgments and other documents:

(f) For regulating (with the approval of the Treasury) the presentation of copies of Patent Office publications to patentees and to public authorities, bodies, and institutions at home and abroad:

(g.) Generally for regulating the business of the Patent Office, and all things by this Act placed under the direction or control of the comptroller, or of the Board of Trade.

(2.) Any of the forms in the First Schedule

to this Act may be altered or amended by rules made by the Board as aforesaid.

(3.) General rules may be made under this section at any time after the passing of this Act, but not so as to take effect before the commencement of this Act, and shall (subject as hereinafter mentioned) be of the same effect as if they were contained in this Act, and shall be judicially noticed.

(4.) Any rules made in pursuance of this section shall be laid before both Houses of Parliament, if Parliament be in session at the time of making thereof, or, if not, then as soon as practicable after the beginning of the then next session of Parliament, and they shall also be advertised twice in the official journal to be issued by the comptroller.

(5.) If either House of Parliament, within the next 40 days after any rules have been so laid before such House, resolve that such rules or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such rules or rule, or to the making of any new rules or rule.

Part V. General.

reports of

102. The comptroller shall, before the first Annual day of June in every year, cause a report comptroller. respecting the execution by or under him of

this Act to be laid before both Houses of