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SCHEDULES TO ACT.
THE FIRST SCHEDULE.
calling of inventor.
FORMS OF APPLICATION, &c.
Form of Application for Patent.1
(a) Here in- I (a), John Smith, of 29, Perry Street, Birmingham, in the address, and county of Warwick, Engineer, do solemnly and sincerely declare that I am in possession of an invention for (b) “Im(b) Here in- provements in Sewing Machines;" that I am the true and first inventor thereof; and that the same is not in use by any other person or persons to the best of my knowledge and belief; and I humbly pray that a patent may be granted to me for the said invention.
sert title of invention.
(c) Signature of inventor.
title of the
And I make the above solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act, 1835.
(c) John Smith.
Declared at Birmingham, in the county of Warwick, this day of
NOTE.-Where the above declaration is made out of the United Kingdom, the words "and by virtue of the Statutory Declarations Act, 1835," must be omitted; and the declaration must be made before a British Consular officer, or where it is not reasonably practicable to make it before such officer, then before a public officer duly authorised in that behalf.
1 See second schedule, forms A and A 1, Patents Rules. See rules 5 & 6 (1).
Form of Provisional Specification.2
(a) Here insert title as in declaration.
(b) Here insert, name,
1 (b), John Smith, of 29, Perry Street, Birmingham, in the county of Warwick, Engineer, do hereby declare the nature inventor as of my invention for "Improvements in Sewing Machines," to be as follows (c) :
(d) Signature of inventor.
NOTE.-No stamp is required on this document.
2 See second schedule, form B, Patents Rules. See rules 5 & 6 (2).
Form of Complete Specification.3
IMPROVEMENTS IN SEWING MACHINES (a).
(a) Here insert title, as in declara
I (b), John Smith, of 29, Perry Street, Birmingham, in the tion. county of Warwick, Engineer, do hereby declare the nature (6) Here inof my invention for "Improvements in Sewing Machines," address, and in what manner the same is to be performed, to be par- of inventor, ticularly described and ascertained in and by the following statement (c):
as in de-
Having now particularly described and ascertained the of invennature of my said invention and in what manner the same is to be performed, I declare that what I claim is (d)—
(d) Here state distinctly the features of novelty claimed.
(e) Signature of
3 See second schedule to Patents Rules, form C.
The grant of sole
Form of Patent.1
VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith: To all to whom these presents shall come greeting :
Whereas John Smith, of 29, Perry Street, Birmingham, in the county of Warwick, Engineer, hath by his solemn declaration represented unto us that he is in possession of an invention for "Improvements in Sewing Machines," that he is the true and first inventor thereof, and that the same is not in use by any other person to the best of his knowledge and belief:
And whereas the said inventor hath humbly prayed that we would be graciously pleased to grant unto him (hereinafter together with his executors, administrators, and assigns, or any of them, referred to as the said patentee) our Royal Letters Patent for the sole use and advantage of his said invention :
And whereas the said inventor hath by and in his complete specification particularly described the nature of his invention: And whereas we being willing to encourage all inventions which may be for the public good, are graciously pleased to condescend to his request:
KNOW YE, therefore, that We, of our especial grace, certain knowledge, and mere motion do by these presents, for us, our heirs and successors, give and grant unto the said patentee our especial license, full power, sole privilege, and authority, that the said patentee by himself, his agents, or licensees, and no others, may at all times hereafter during the terms of years herein mentioned, make, use, exercise, and vend the said invention within our United Kingdom of Great Britain and Ireland, and Isle of Man, in such manner as to him or them may seem meet, and that the said patentee shall have and enjoy the whole profit and advantage from time to time accruing by reason of the said invention, during the term of fourteen years from the date hereunder written of these presents: And to the end that the said patentee may have and enjoy the sole use and exercise and the full benefit of the
of use by
said invention, We do by these presents for us our heirs and Prohibition successors, strictly command all our subjects whatsoever others. within our United Kingdom of Great Britain and Ireland, and the Isle of Man, that they do not at any time during the continuance of the said term of fourteen years either directly or indirectly make use of or put in practice the said invention, or any part of the same, nor in anywise imitate the same, nor make or cause to be made any addition thereto or subtraction therefrom, whereby to pretend themselves the inventors thereof, without the consent, license, or agreement of the said patentee in writing under his hand and seal, on pain of incurring such penalties as may be justly inflicted on such offenders for their contempt of this our Royal command, and of being answerable to the patentee according to law for his damages thereby occasioned: Provided that these our letters Conditions patent are on this condition, that, if at any time during the of the grant. said term it be made to appear to us, our heirs, or successors, or any six or more of our Privy Council, that this our grant is contrary to law, or prejudicial or inconvenient to our subjects in general, or that the said invention is not a new invention as to the public use and exercise thereof within our United Kingdom of Great Britain and Ireland, and Isle of Man, or that the said patentee is not the first and true inventor thereof within this realm as aforesaid, these our letters patent shall forthwith determine, and be void to all intents and purposes, notwithstanding anything herein before contained: Provided also, that if the said patentee shall not pay all fees by law required to be paid in respect of the grant of these letters patent, or in respect of any matter relating thereto at the time or times, and in manner for. the time being by law provided; and also if the said patentee shall not supply or cause to be supplied, for our service all such articles of the said invention as may be required by the officers or commissioners administering any department of our service in such manner, at such times, and at and upon such reasonable prices and terms as shall be settled in manner for the time being by law provided, then, and in any of the said cases, these our letters patent, and all privileges and advantages
whatever hereby granted shall determine and become void,
and to be sealed as of the
one thousand eight hundred and
1 The form of patent, although shorter, is to the same effect as that required under the 15th and 16th Vict. c. 83. Some express conditions are not inserted in the form of patent, but appear in the Act; as, for instance, the words, "Provided likewise nevertheless, and these our letters patent are on the express condition, that if the said A. B., his executors or administrators, shall uot particularly describe and ascertain the nature of the said invention, and in what manner the same was to be performed, by an instrument in writing under his, or their, or one of their hands and seals, and cause the same to be filed in the Great Seal Patent Office within six calendar months next and immediately after the date of these our letters patent," do not appear in the above form; but s. 5, sub. 4, enacts that 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. See page 13. The words used above, "and whereas the inventor hath by and in his complete specification particularly described the nature of his said invention," seem to point to the view that when a patent is once granted, the patent cannot be attacked on the ground that the invention is not particularly described; but this may not prove to be the case, because a patent may be revoked on any of the grounds on which at the commencement of this Act proceedings might have been taken by a writ of scire facias. See s. 26, sub. 3.