101. Power for Board of Trade to make general rules for classifying goods and regulating business of patent office 102. Annual reports of comptroller... ... ... PAGE 102 103 103 ... 105 International and Colonial Arrangements. 103. International arrangements for protection of inventions, designs and trade marks 104. Provision for Colonies and India Offences. 106 108 105. Penalty on falsely representing articles to be patented 106. Penalty on unauthorised assumption of Royal Arms Scotland; Ireland; &c. 107. Saving for Courts in Scotland 108. Summary proceedings in Scotland ... 109. Proceedings for revocation of patent in Scotland. Repeal; Transitional Provisions; Savings. 113. Repeal and saving for past operation of repealed. 114. Former registers to be deemed continued 115. Saving for existing rules 116. Saving for prerogative ... ... FIRST SCHEDULE.-Forms of Application, &c. SECOND SCHEDULE.-Fees on instruments for obtaining PATENTS, DESIGNS AND TRADE MARKS ACT, 1883. [46 & 47 VIC.] CHAPTER 57. An Act to amend and consolidate the Law relating to Patents for Inventions, Registration of Designs and of Trade Marks. BE 25TH AUGUST, 1883. E it enacted by the Queen'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. PRELIMINARY. Part I. Preliminary. 1. This Act may be cited as the "Patents, Short title. Designs and Trade Marks Act, 1883." Part I. Preliminary. Division of Act into parts. Commencement of Act. 2. This Act is divided into parts, as follows: Part I.-Preliminary. Part II.-Patents. Part III.-Designs. Part IV.-Trade Marks. Part V.-General. 3. This Act, except where it is otherwise expressed, shall commence from and immediately after the Thirty-first day of December, One thousand eight hundred and eighty-three. Part II. Patents. Persons entitled to apply for patent. Application and specification. PART II. PATENTS. Application for and Grant of Patent. 4. (1.) Any person, whether a British subject or not, may make an application1 for a patent. (2.) Two or more persons may make a joint application for a patent, and a patent may be granted to them jointly." 5. (1.) An application for a patent must 1 See form in the first schedule to the Act. 2 Only one or more of such persons need be the true and first inventor or inventors. (See s. 5, sub-sec. 2.) be made in the form set forth in the first schedule to this Act, or in such other form as may be from time to time prescribed; and must be left at, or sent by post to, the Patent Office, in the prescribed manner. (2.) An 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 or more of the applicants, claims or claim to be the true and first inventor or inventors, and for which he or they desires or desire to obtain a patent; and must be accompanied by either a provisional or complete specification.1 (3.) A provisional specification must describe the nature of the invention, and be accompanied by drawings, if required. (4.) A complete specification, whether left on application or subsequently, must particularly describe and ascertain the nature of the invention, and in what manner it is to be performed, and must be accompanied by drawings, if required. (5.) A specification, whether provisional or complete, must commence with the title, and in the case of a complete specification must 1 See Forms "B" and "C" in the first schedule to this Act. And see also observations in the Introductory Chapter, as to provisional and complete specifications. Part II. Patents. Part II. Patents. Reference of application to examiner. Power for comptroller to refuse application or require amendment. end with a distinct statement of the invention claimed.1 6. The comptroller shall refer every application to an examiner, who shall ascertain and report to the comptroller' whether the nature of the invention has been fairly described, and the application, specification and drawings (if any) have been prepared in the prescribed manner, and the title sufficiently indicates the subject-matter of the invention. 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 require that the application, specification, or drawings be amended before he proceeds with the application. (2.) Where the comptroller requires an amendment, the applicant may appeal from his decision to the law officer.3 1 The distinct statement of the invention, claimed at the end of the specification, is a new provision, and would seem to require much greater particularity in the statement of claims to inventions than hitherto required. 2 The comptroller and examiners are to be appointed by the Board of Trade, under s. 83 of the Act. 3 Law officer means Her Majesty's Attorney-General or Solicitor-General for England. (See s. 117 of the Act.) |