into consideration and discussion, and lead to amendment of the specification on an opposition, on the ground that the invention has been patented in this country on an application of prior date; and unless the specification does particularly describe the invention, it is difficult to see how the question of whether it is or is not anticipated by another specification can be satisfactorily decided. Thirdly-There does not seem to be any practical difficulty in holding that the true construction of the Act is to the effect that the sufficiency of the specification is to be taken as decided by the result of the operations gone through, as the patentee could only sue for a breach of the invention disclosed and described in his complete specification, anything kept back and not disclosed and described would not be protected by his patent, Section 26, sub-sec. 3, ought perhaps to be noticed, but when properly construed it would seem to have no real bearing upon the above question, as it must, it is submitted, be read as if it were written subject to the alterations made by the Act. Section 26, sub-sec. 3, is as follows: "Every ground on which a patent might at the commencement of this Act be repealed by scire facias shall be available by way of defence to an action of infringement, and shall also be a ground of revocation." Now supposing the nonfulfilment of the old express condition to be a ground upon which a patent could have been repealed, so equally would the other old conditions-say as to the payment of fees-have been ground for a similar application to repeal; these conditions are altered by the Act, and to construe this section as if it said any defence existing before the Act shall be a good defence after the Act, would be to make the Act of no effect. It is therefore submitted that the last-mentioned clause must be read as suggested, subject to the alterations made by the Act, and that it leaves it an open question whether the Act has not, as suggested, altered the old express condition in the patent as to the sufficiency of the complete specification. It ought perhaps to be observed, that although patents are to be granted for 14 years, practically speaking they will not in many cases give the inventor so long a time as 14 years to reap the fruits of his discovery. His complete specification need only be filed within nine months from the date of his application (s. 8), and it will probably take at least another month, and it may take much longer, before it is accepted (see s. 9, sub-sec. 4); and as before-mentioned, until it is accepted B Designs. What is a design. Applications must be in proper form and signed. Specimens or and the acceptance advertised, the inventor has no remedy for any infringements (see ss. 10 & 13), nor can he institute any proceedings for any infringement until his patent has been granted to him (see s. 15). With respect to designs, any new and original design, not previously published in the United Kingdom, applicable to any article of manufacture, or to any substance artificial or natural, or partly artificial and partly natural, whether the design is applicable for the pattern, or the shape or configuration, or the ornament thereof, or for any two or more of such purposes, and by whatever means it is applicable, whether by printing, painting, embroidering, weaving, sewing, modelling, casting, embossing, cngraving, staining, or any other means whatever, manual, mechanical or chemical, separate or combined (not being a design for a sculpture, or other thing within the protection of the Sculpture Copyright Act of the year 1814, 54 Geo. III. c. 56), may, on application to the comptroller, be registered as a copyright design under this Act (s. 47 and 60). The application to register must be made in the forms given in the first schedule to the Act, or such other form as may be from time to time prescribed. The application must contain a statement design to be lodged with application. of the nature of the design and the class or copies of Every article registered applied to bear the registration mark. to which a design is Design may be registered in more than one class. The same design can, if accepted, be registered in any number of classes; and in case an applicant be doubtful as to the class in which a design should be registered, the comptroller may decide the question (s. 47, sub-sec. 4 and 5). The comptroller is empowered, if he thinks fit, to refuse the registration of a design, but registration. Comptroller may refuse Cesser of design if not used. Certificate of registration. Copyright to last for five years. Inspection of design. the party aggrieved by such refusal may appeal from his decision to the Board of Trade, who, if required, will determine whether registration is to be permitted (s. 47, sub-sec. 6 and 7). If a registered design is used in manufacture in any foreign country, and is not used in this country within six months of its registration in this country, the copyright will cease (s. 54). When a design is registered, the comptroller will grant a certificate to that effect; and when expedient, he has power to grant a copy or copies of such certificate (s. 49). Subject to the provisions of the Act, the copyright will last for five years (s. 50), at the expiration of which time, or before, if the copyright shall have ceased, the design will be open to the inspection of the public, and copies of such design can then be taken by any person on payment of the prescribed fee; but during the existence of the copyright, the design can only be seen by the proprietor, or some person authorised in writing by him, or by a person authorised by the comptroller or the Court, and then only upon furnishing such information as will enable the comptroller to identify the design, and the inspection must be made in the presence of the comptroller, or an officer acting under him, and the person making the in |