Act required to be left or filed in the Great Seal Patent Office shall be deemed to be so left or filed if left or filed before or after the commencement of this Act in the Patent Office. Definitions. Part II. 46. In and for the purposes of this Act- Definitions invention : ,, "Patentee" means the person for the time being entitled to the benefit of a patent: "Invention " means any manner of new manufacture the subject of letters patent and grant of privilege within section six of the Statute of Monopolies (that is, the Act of the twenty-first year of the reign of King James the First, chapter three, intituled "An Act concerning monopolies and dispensations with penal laws and the forfeiture thereof "),' and includes an alleged invention. In Scotland "injunction" means "interdict." 1 This section is as follows: "Provided and be it declared and enacted that any declaration before mentioned shall not extend to any letters patents and grants of privilege for the term of 14 years or under hereafter to be made, of the sole working or making of any manner of new manufactures within this realm, to the true and first inventor or inventors of such manufactures which others at the time of making such letters patent and grants shall not use, so as also they be not contrary to the law nor mischievous to the State, by raising prices of commodities at home, or hurt of trade, or generally of patent, invention. Part III. Application for registration of designs. PART III. DESIGNS. Registration of Designs. 47. (1.) The comptroller may, on application' by or on behalf of any person claiming to be the proprietor of any new or original design not previously published in the United Kingdom, register the design under this part of this Act. (2.) The application must 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. (3.) The application must contain a statement of the nature of the design, and the class or classes of goods in which the applicant desires that the design be registered. inconvenient, the said 14 years to be accounted from the date of the first letters patents or grant of such privilege hereafter to be made, but that the same shall be of force as they should be if this Act had never been made, and of none other." The application must be signed by the applicant or by some person on his behalf; in the case of a registered Company it is usual for the Managing Director or Secretary to sign. * See ss. 103 & 104 as to arrangements with the Colonies or foreign countries. (4.) The same design may be registered in more than one class. (5.) In case of doubt as to the class in which a design ought to be registered, the comptroller may decide the question. (6.) The comptroller may, if he thinks fit, refuse to register any design presented to him for registration, but any person aggrieved by any such refusal may appeal therefrom to the Board of Trade. (7.) The Board of Trade shall, if required, hear the applicant and the comptroller, and may make an order determining whether, and subject to what conditions, if any, registration is to be permitted. Part III. to be furnished 48. (1.) On application for registration Drawings, &c., of a design the applicant shall furnish to the on application. comptroller the prescribed number of copies of drawings, photographs or tracings of the design sufficient, in the opinion of the comptroller, for enabling him to identify the design; or the applicant may, instead of such copies, furnish exact representations or specimens of the design.1 (2.) The comptroller may, if he thinks fit, refuse any drawing, photograph, tracing, representation or specimen which is not, in his opinion, suitable for the official records. 1 1 It would be advisable to lodge exact representations of the design. See s. 50, sub-s. 2. Part III. Certificate of registration. Copyright on registration. Marking registered designs. 49. (1.) The comptroller shall grant a certificate of registration to the proprietor of the design when registered. (2.) The comptroller may, in case of loss of the original certificate, or in any other case in which he deems it expedient, grant a copy or copies of the certificate. Copyright in registered Designs. 50. (1.) When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during five years from the date of registration. (2.) Before delivery on sale of any articles to which a registered design has been applied, the proprietor must (if exact representations or specimens were not furnished on the application for registration), furnish to the comptroller the prescribed number of exact representations or specimens of the design; and if he fails to do so, the comptroller may erase his name from the register, and thereupon his copyright in the design shall cease. 51. Before delivery on sale of any articles to which a registered design has been applied, the proprietor of the design shall cause each such article to be marked with the prescribed mark, or with the prescribed word or words, or figures, denoting that the design is registered; and if he fails to do so the copyright in the design shall cease, unless the proprietor shows that he took all proper steps to ensure the marking of the article. Part III. Designs. registered 52. (1.) During the existence of copy- Inspection of right in a design, the design shall not1 be open desigus. to inspection except by the proprietor, or a person authorised in writing by the proprietor, or a person authorised by the comptroller or by the Court, and furnishing such information as may enable the comptroller to identify the design, nor except in the presence of the comptroller, or of an officer acting under him, nor except on payment of the prescribed fee; and the person making the inspection shall not be entitled to take any copy of the design, or of any part thereof. (2.) When the copyright in a design has ceased, the design shall be open to inspection, and copies thereof may be taken by any person on payment of the prescribed fee. 53. On the request of any person pro- Information as ducing a particular design, together with its mark of registration, or producing only its mark of registration, or furnishing such information as may enable the comptroller to 1 This seems to be a very singular provision and one that ought to be repealed. See s. 53, which authorises the comptroller to give information which any inquirer ought to be able to get for himself. to existence of copyright. |