Part II Date of patent. Provisional protection. (a.) Where the sealing is delayed by an appeal to the law officer, or by opposition to the grant of the patent, the patent may be sealed at such time as the law officer may direct. (b.) If the person making the application dies before the expiration of the fifteen months aforesaid, the patent may be granted to his legal representative and sealed at any time within twelve months after the death of the applicant. 13. Every patent shall be dated and sealed as of the day of the application: Provided, that no proceedings shall be taken in respect of an infringement committed before the publication of the complete specification :1 Provided also, that in case of more than one application for a patent for the same invention, the sealing of a patent on one of those applications shall not prevent the sealing of a patent on an earlier application. Provisional Protection. 14. Where an application for a patent in respect of an invention has been accepted, the The publication referred to would seem to be the advertisement of the acceptance of the complete specification under s. 10. This is an important limitation of the 14 years granted by the patent, and may reduce the profits to be derived from the invention from 14 years to even less than 13 years. (See s. 9, sub-sec. 4.) invention may, during the period between the date of the application and the date of sealing such patent, be used and published without prejudice to the patent to be granted for the same,1 and such protection from the consequences of use and publication is in this Act referred to as provisional protection. Protection by complete Specification. Part II. Patents. Effect of acceptance of 15. After the acceptance of a complete specification and until the date of sealing a complete specification. patent in respect thereof, or the expiration of the time for sealing, the applicant shall have the like privileges and rights as if a patent for the invention had been sealed on the date of the acceptance of the complete specification: Provided, that an applicant shall not be entitled to institute any proceeding for infringement unless and until a patent for the invention has been granted to him. Patent. patent. 16. Every patent, when sealed, shall have Extent of effect throughout the United Kingdom and the Isle of Man. patent. 17. (1.) The term limited in every patent Term of for the duration thereof shall be fourteen years from its date. This is the only advantage of provisional protection, and it seems to be one of very doubtful value. (See observations in the Introductory Chapter.) Part II. Patents. (2.) But every patent shall, notwithstanding anything therein or in this Act, cease if the patentee fails to make the prescribed payments within the prescribed times.1 (3.) If, nevertheless, in any case, by accident, mistake or inadvertence, a patentee fails to make any prescribed payment within the prescribed time, he may apply to the comptroller for an enlargement of the time for making that payment. (4.) Thereupon the comptroller shall, if satisfied that the failure has arisen from any of the above-mentioned causes, on receipt of the prescribed fee for enlargement, not exceeding ten pounds, enlarge the time accordingly, subject to the following conditions: (a.) The time for making any payment shall not in any case be enlarged for more than three months. (b.) If any proceeding shall be taken in respect of an infringement of the patent committed after a failure to make any payment within the prescribed time, and before the enlargement thereof, the Court before which the proceeding is proposed to be taken 1 See these payments in the second schedule to the Act; they may be reduced under s. 24, sub.-sec. 2, by the Board of Trade with the consent of the Treasury. may, if it shall think fit, refuse to Amendment of Specification. Part II. Patents. specification. 18. (1.) An applicant or a patentee may, Amendment of from time to time, by request in writing left at the Patent Office, seek leave to amend his specification, including drawings forming part thereof, by way of disclaimer, correction, or explanation, stating the nature of such amendment and his reasons for the same. (2.) The request and the nature of such proposed amendment shall be advertised in the prescribed manner, and at any time within one month from its first advertisement any person may give notice at the Patent Office of opposition to the amendment. (3.) Where such notice is given the comptroller shall give notice of the opposition to the person making the request, and shall hear and decide the case, subject to an appeal to the law officer. (4.) The law officer shall, if required, hear the person making the request and the person so giving notice, and being in the opinion of the law officer entitled to be heard in opposition to the request, and shall determine whether and subject to what conditions, if any, the amendment ought to be allowed. D Part II. Patents. (5.) Where no notice of opposition is given, or the person so giving notice does not appear, the comptroller shall determine whether and subject to what conditions, if any, the amendment ought to be allowed. (6.) When leave to amend is refused by the comptroller, the person making the request may appeal from his decision to the law officer. (7.) The law officer shall, if required, hear the person making the request and the comptroller, and may make an order determining whether, and subject to what conditions, if any, the amendment ought to be allowed. (8.) No amendment shall be allowed that would make the specification, as amended, claim an invention substantially larger than or substantially different from the invention claimed by the specification as it stood before amendment. (9.) Leave to amend shall be conclusive as to the right of the party to make the amendment allowed, except in case of fraud; and the amendment shall in all Courts and for all purposes be deemed to form part of the specification. (10.) The foregoing provisions of this section do not apply when and so long as any action for infringement or other legal proceeding in relation to a patent is pending. |