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the comptroller whether or not he intends to be heard upon the matter (i).

(i) For form of application for hearing by comptroller, see form E, page 225.

Comptroller 13. Whether the applicant desires to be heard

may require


statements, or not, the comptroller may at any time require him to submit a statement in writing within a time to be notified by the comptroller, or to attend before him and make oral explanations with respect to such matters as the comptroller may require.

Decision to be notified

14. The decision or determination of the compto parties. troller in the exercise of any such discretionary power as aforesaid shall be notified by him to the applicant, and any other person affected thereby.

Definition of 15. The term "applicant" in rules 11, 12, &



Prior and second applicant

13 shall include an applicant whose specification bears a title the same as or similar to that of the specification of a prior applicant, and has been reported on by the examiner.

16. Such prior and second applicant respectively may attend may attend the hearing of the question whether



or international


the invention comprised in both applications is the same; but neither party shall be at liberty to inspect the specification of the other.

17. Any person desirous of exhibiting an invention at an industrial or international exhibition, or of publishing any description of the invention during the period of the holding of the exhibition

or of using the invention for the purpose of the
exhibition in the place where the exhibition is held
shall, after having obtained from the Board of
Trade a
certificate that the exhibition is an
industrial or international one, give to the comp-
troller seven days' notice of his intention to exhibit,
publish, or use the invention, as the case may be (j).

For the purpose of identifying the invention in the event of an application for a patent being subsequently made, the applicant shall furnish to the comptroller a brief description of his invention accompanied, if necessary, by drawings, and such other information as the comptroller may in each case require.

(j) Exhibition at industrial or international exhibitions not to prejudice patent rights. See s. 39, page 84. For form of notice of intended exhibition of unpatented invention, see form O, page 236.


18. Any document for the amending of which no Power of special provision is made by the said Act may be ment, etc. amended, and any irregularity in procedure, which, in the opinion of the comptroller, may be obviated without detriment to the interests of any person, may be corrected, if and on such terms as the comptroller may think fit (k).

(k) In rectification of registers by court, see s. 90, page 148. For power of comptroller to correct clerical errors, see s. 91, page 149. For form of request for correction of clerical errors, see form P, page 237.

by post.

19. Any application, notice, or other document, Documents authorised or required to be left, made, or given

at the Patent Office or to the comptroller, or to any other person under these rules, may be sent by a prepaid letter through the post, and if so sent shall be deemed to have been left, made, or given respectively at the time when the letter containing the same would be delivered in the ordinary course of post (1).

(7) Sending applications and notices by post. See s. 97, page 153.

In proving such service or sending, it shall be sufficient to prove that the letter was properly addressed and put into the post.

Affidavits. 20. Affidavits may, except where otherwise prescribed by these rules, be used as evidence in any proceedings thereunder when sworn to in any of the following ways, viz. :—


(a.) In the United Kingdom before any person
authorised to administer oaths in the
Supreme Court of Judicature, or before
a justice of the peace for the county
or place where it is sworn or made.
(b.) In any place in the British dominions out of
the United Kingdom before any court,
judge, or justice of the peace, or any per-
son authorised to administer oaths there
in any Court.

(c.) In any place out of the British dominions

before a British minister, or person exercis

ing the functions of a British minister, or
British consul, vice-consul, or other
person exercising the functions of a
British consul, or a notary public, or
before a judge or magistrate.


21. Where any statutory declaration prescribed Statutory by these rules, or used in any proceedings there- tions. under, is made out of the United Kingdom, the words, "and by virtue of the Statutory Declaration Act, 1835," must be omitted, and the declaration shall (unless the context otherwise requires) be made in the manner prescribed in rule 20, subsection 3.

Application with Provisional or Complete

cording ap

22. Applications for a patent sent by prepaid letter Order of rethrough the post shall, as far as may be practicable, plications. be opened and numbered in the order in which the letters containing the same have been respectively delivered in the ordinary course of post (n).

Applications left at the Patent Office otherwise than through the post shall be in like manner numbered in the order of their receipt at the Patent Office.

(n) See s. 5, sub. 1. S. 97.

for separate

23. Where a person making application for a Application patent includes therein by mistake, inadvertence, patents by or otherwise, more than one invention, he may, ment.

way of


Application by repre

sentative of


after the refusal of the comptroller to accept such application, amend the same so as to apply to one invention only, and may make application for separate patents for each such invention accordingly (0).

Every such application shall bear the date of the first application, and shall, together therewith, be proceeded with in the manner prescribed by the said Act and by these rules as if every such application had been originally made on that date for one invention only.

(o) See s. 33, page 78.

24. An application for a patent by the legal deceased in representative of a person who has died possessed of an invention shall be accompanied by an official copy of or extract from his will or the letters of administration granted of his estate and effects in proof of the applicant's title as such legal representative (p).

Notice and advertisement of



on accept

(p) See s. 34, page 79.

25. On the acceptance of an application with a provisional or complete specification the comptroller shall give notice thereof to the applicant, and shall advertise such acceptance in the official journal of the Patent Office.

26. Upon the publication of such advertisement ance of com- of acceptance in the case of an application with a

plete speci

fication. complete specification, the application and specifi

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