Page images
PDF
EPUB

Part II. Patents.

(3.) The law officer shall, if required, hear the applicant and the comptroller, and may make an order determining whether and subject to what conditions, if any, the application shall be accepted.

(4.) The comptroller shall, when an application has been accepted, give notice thereof to the applicant.

(5.) If after an application has been made, but before a patent has been sealed, an application is made, accompanied by a specification bearing the same or a similar title, it shall be the duty of the examiner to report to the comptroller whether the specification appears to him to comprise the same invention; and if he reports in the affirmative, the comptroller shall give notice to the applicants that he has so reported.

(6.) Where the examiner reports in the affirmative, the comptroller may determine, subject to an appeal to the law officer, whether the

1

This would seem to point to the result discussed in the Introductory Chapter, viz., that the law officer may require any alterations he pleases in the specification, and, practically speaking, may possibly be said to settle the specifications brought before him.

? It will be observed that this does not include an inquiry as to patents prior to the application, and is not at all of the same nature as the opposition by one of the public on the ground that the invention has been patented in this country on an application of prior date to the inventor's application. (See s. 11, sub-sec. 1.)

Part II. Patents.

Time for leaving complete specification.

specification.

invention comprised in both applications is the same, and if so, he may refuse to seal a patent on the application of the second applicant.

8. (1.) If the applicant does not leave a complete specification with his application, he may leave it at any subsequent time within nine months from the date of application.

(2.) Unless a complete specification is left within that time, the application shall be

deemed to be abandoned. Comparison 9. (1.) Where a complete specification is of provisional and complete left after a provisional specification, the comp

troller shall refer both specifications to an examiner, for the purpose of ascertaining whether the complete specification has been prepared in the prescribed manner, and whether the invention particularly described in the complete specification is substantially the same as that which is described in the provisional specification.

(2.) If the examiner reports that the conditions herein before contained have not been complied with, the comptroller may refuse to accept the complete specification unless and until the same shall have been amended to his satisfaction'; but any such

1 See observations in Introductory Chapter as to provisional and complete specifications.

Part II. Patents.

refusal shall be subject to appeal to the law officer.

(3.) The law officer shall, if required, hear the applicant and the comptroller, and may make an order determining whether and subject to what conditions, if any, the complete specification shall be accepted.

(4.) Unless a complete specification is accepted within twelve months from the date of application, then (save in the case of an appeal having been lodged against the refusal to accept) the application shall, at the expiration of those twelve months, become void.

(5.) Reports of examiners shall not in any case be published or be open to public inspection, and shall not be liable to production or inspection in any legal proceeding, other than an appeal to the law officer under this Act, unless the Court or officer having power to order discovery in such legal proceeding shall certify that such production or inspection is desirable in the interests of justice, and ought to be allowed.

10. On the acceptance of the complete Advertisement specification the comptroller shall advertise of complete the acceptance; and the application and

specification.

This seems to point to the result discussed in the Introductory Chapter as to the sufficiency of the complete specification.

Part II. Patents.

Opposition to grant of patent.

specification or specifications with the drawings (if any) shall be open to public inspection."

11. (1.) Any person may at any time within two months from the date of the advertisement of the acceptance of a complete specification, give notice at the Patent Office of opposition to the grant of the patent on the ground of the applicant having obtained the invention from him, or from a person of whom he is the legal representative, or on the ground that the invention has been patented in this country on an application of prior date, or on the ground of an examiner having reported to the comptroller that the specification appears to him to comprise the same invention as is comprised in a specification bearing the same or a similar title, and accompanying a previous application, but on no other ground.

(2.) Where such notice is given, the comptroller shall give notice of the opposition to the applicant, and shall, on the expiration of those two months, after hearing the applicant and the person so giving notice, if desirous of being heard, decide on the case, but subject to appeal to the law officer.

(3.) The law officer shall, if required, hear

1

This would seem to be the “publication" of the complete specification referred to in s. 13.

Part II.
Patents.

patent.

the applicant and any person so giving notice and being, in the opinion of the law officer, entitled to be heard in opposition to the grant, and shall determine whether the grant ought or ought not to be made.

(4.) The law officer may, if he thinks fit, obtain the assistance of an expert, who shall be paid such remuneration as the law officer, with the consent of the Treasury shall appoint.

. 12. (1.) If there is no opposition, or, in Sealing of case of opposition, if the determination is in favour of the grant of a patent, the comptroller shall cause a patent to be sealed with the seal of the Patent Office.

(2.) A patent so sealed shall have the same effect as if it were sealed with the Great Seal of the United Kingdom.

(3.) A patent shall be sealed as soon as may be, and not after the expiration of fifteen months from the date of application, except in the cases hereinafter mentioned, that is to say-

1

The law officer may, under this section, have to decide the question whether the patent sought for has been anticipated by another patent, and this is sometimes a question of great difficulty, and might involve hearing evidence on oath, and a long inquiry. (See the decision of the House of Lords as to this question overruling the decision of a majority of the Judges, Betts v. Menzies, 10 House of Lords, Cases 117, and 31 Law Journal Reports, New Series, Queen's Bench 233.) The law officer, under the Act, will be able to hear evidence on oath. (See s. 38.)

« PreviousContinue »