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RULES AND REGULATIONS*
[RULES to be observed in proceedings for the extension of the term of letters patent before the Judicial Committee of the Privy Council under the Act of 5 & 6 Will. IV. c. 83 (repealed) intituled "An Act to Amend the Law touching Letters Patent for Inventions."]
1. A party intending to apply by petition under section 2 of the said Act, shall give public notice by advertising in the London Gazette three times and in three London papers, and three times in some country papers published in the town where or near to which he carries on any manufacture of anything made according to his specification, or near to or in which he resides in case he carries on no such manufacture, or published in the county where he
* Until new rules are made by Her Majesty in Council these rules remain in force. See Patents, Designs, and Trade Marks Act, 1883, s. 25, sub. 6.
carries on such manufacture or where he lives, in case there shall not be any paper published in such town that he intends to petition His Majesty under the said section, and shall in such advertisements state the object of such petition, and give notice of the day on which he intends to apply for a time to be fixed for hearing the matter of his petition (which day shall not be less than four weeks from the date of the publication of the last of the advertisements to be inserted in the London Gazette), and that on or before such day notice must be given of any opposition intended to be made to the petition; and any person intending to oppose the said application shall lodge notice to that effect at the Council Office on or before such day so named in the said advertisement, and having lodged such notice shall be entitled to have from the petitioner four weeks' notice of the time appointed for the hearing.
2. A party intending to apply by petition under section 4 of the said Act shall, in the advertisements directed to be published by the said section give notice of the day on which he intends to apply for a time to be fixed for hearing the matter of his petition (which day shall not be less than four weeks from the date of the publication of the last of the advertisements to be inserted in the London Gazette); and that on or before such day, caveats must be entered, and any person intending to enter a caveat shall enter the same at the Council Office
on or before such day so named in the said advertise
ments, and having entered such caveat shall be entitled to have from the petitioner four weeks' notice of the time appointed for the hearing.
3. Petitions under sections 2 & 4 of the said Act must be presented within one week from the insertion of the last of the advertisements required to be published in the London Gazette.
4. All petitions must be accompanied with affidavits of advertisements having been inserted according to the provisions of section 4 of the said Act, and the first and second of these rules and the matters in such affidavits may be disputed by the parties opposing upon the hearing of the petitions.
5. All persons entering caveats under section 4 of the said Act, and all parties to any former suit or action touching letters patent in respect of which petitions shall have been presented under section 2 of the said Act, and all persons lodging notices of opposition under the first of these rules shall respectively be entitled to be served with copies of petitions presented under the said sections, and no application to fix a time for hearing shall be made without affidavit of such service.
6. All parties served with petitions shall lodge at the Council Office within a fortnight after such
service notice of the grounds of their objections to the granting of the prayers of such petitions.
7. Parties may have copies of all papers lodged in respect of any application under the said Act, at their own expense.
8. The Registrar of the Privy Council or other officer to whom it may be referred to tax the costs incurred in the matter of any petition presented under the said Act, shall allow or disallow, in his discretion. all payments made to persons of science or skill, examined as witnesses to matters of opinion chiefly.
9. A party applying for an extension of a patent, under section 4 of the said Act, must lodge at the Council Office six printed copies of the specification, and also four copies of the balance sheet of expenditure and receipts relating to the patent in question, which accounts are to be proved on oath before the Lords of the Committee at the hearing. In the event of the applicant's specification not having been printed, and if the expense of making six copies of any drawing therein contained or referred to would be considerable, the lodging of two copies only of such specification and drawing will be deemed sufficient.
All copies mentioned in this rule must be lodged not less than one week before the day fixed for hearing the application.