Page images
PDF
EPUB

SECTION

PAGE 102

103

99. Declaration by infant, lunatic, &c.
100. Transmission of certified printed copies of specifica-

tions, &c.
101. Power for Board of Trade to make general rules for

classifying goods and regulating business of patent

office 102. Annual reports of comptroller...

International and Colonial Irrangements. 103. International arrangements for protection of inven

tions, designs and trade marks 104. Provision for Colonies and India

103 105

106 108

Offences. 105. Penalty on falsely representing articles to be patented 108 106. Penalty on unauthorised assumption of Royal Arms 109

Scotland ; Ireland ; 8c. 107. Saving for Courts in Scotland 108. Summary proceedings in Scotland 109. Proceedings for revocation of patent in Scotland 110. Reservation of remedies in Ireland 111. General saving for jurisdiction of Courts 112. Isle of Man

[blocks in formation]

112 113 113 114

[ocr errors]

Repeal; Transitional Provisions ; Savings. 113. Repeal and saving for past operation of repealed

enactments, &c.
114. Former registers to be deemed continued
115. Saving for existing rules
116. Saving for prerogative ...

General Definitions.
117. General definitions
FIRST SCHEDULE.-Forms of Application, &c.
SECOND SCHEDULE.-Fees on instruments for obtaining

Patents, and Renewal
THIRD SCHEDULE.-Enactments repealed

114

117

126 127

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, Regis-
tration of Designs and of Trade Marks.

25TH AUGUST, 1883.

BE
E it enacted by the Queen's most Excellent

Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and

ommons, in this present Parliament assembled, and by the authority of the same, as follows:

PART I.

Part I. Preliminary.

PRELIMINARY.

1. This Act may be cited as the “Patents, Short title. Designs and Trade Marks Act, 1883."

Part I. Prelimi.

nary.

Division of
Act into parts.

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 imme-
diately after the Thirty-first day of December,
One thousand eight hundred and eighty-three.

Commencement of Act.

Part II. Patents.

PART II.

PATENTS.

Persons entitled to apply for patent.

Application for and Grant of Patent.

4. (1.) Any person, whether a British subject or not, may make an application' 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

Application and specifica. tion.

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.)

Part II.
Patents.

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."

(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.

Reference of application to examiner.

Power for comptroller to refuse application or require amendment.

end with a distinct statement of the invention claimed.

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.)

« PreviousContinue »