Page images
PDF
EPUB

to seal a patent on the ground that a previous application for a patent for the same invention is pending, to the prior applicant.

4. Upon notice of appeal being filed, the comptroller shall forthwith transmit to the law officer's clerk all the papers relating to the matter of the application in respect of which such appeal is made.

5. No appeal shall be entertained of which notice is not given within fourteen days from the date of the decision appealed against, or such further time as the comptroller may allow, except by special leave upon application to the law officer.

6. Seven days' notice, at least, of the time and place appointed for the hearing of any appeal, shall be given by the law officer's clerk, unless special leave be given by the law officer that any shorter notice be given.

7. Such notice shall in all cases be given to the comptroller and the appellant; and, when there has been an opposition before the comptroller, to the opponent or opponents; and, when the comptroller has refused to seal a patent on the ground that an application for a patent for the same invention is pending, to the prior applicant.

8. The evidence used on appeal to the law officer shall be the same as that used at the hearing before the comptroller; and no further evidence shall be given, save as to matters which have

occurred or come to the knowledge of either party, after the date of the decision appealed against, except with the leave of the law officer upon application for that purpose (c).

(c) For evidence used on hearing before comptroller, see opposition to grant of letters patent, rules 35-37, inclusive; amendment of specification, rules 51 & 52.

9. The law officer shall, at the request of either party, order the attendance at the hearing on appeal, for the purpose of being cross-examined, of any person, who has made a declaration, in the matter to which the appeal relates, unless in the opinion of the law officer there is good ground for not making such order.

10. Any person requiring the attendance of a witness for cross-examination shall tender to the witness whose attendance is required a reasonable sum for conduct money.

11. Where the law officer orders that costs shall be paid by any party to another, he may fix the amount of such costs, and if he shall not think fit to fix the amount thereof, he shall direct by whom and in what manner the amount of such costs shall be ascertained (d).

12. If any costs so ordered to be paid be not paid within fourteen days after the amount thereof has been so fixed or ascertained, or such shorter period as shall be directed by the law officer, the

party to whom such costs are to be paid may apply to the law officer for an order for payment under the provisions of section 38 of the Act (d).

(d) See s. 38, page 83.

13. All documentary evidence required, or allowed by the law officer to be filed, shall be subject to the same regulations, in all respects, as apply to the procedure before the comptroller, and shall be filed in the Patent Office, unless the law officer shall order to the contrary.

14. Any notice or other document required to be given to the law officer's clerk, under these rules, may be sent by a prepaid letter through the post.

HENRY JAMES, A.G.

FARRER HERSCHELL, S.G.

SCHEDULES TO PATENTS RULES.

FIRST SCHEDULE.

LIST OF FEES PAYABLE ON AND IN CONNEXION WITH LETTERS

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small]

3 0 0

4. On appeal from comptroller to law officer. By

[merged small][ocr errors]

5. On notice of opposition to grant of patent. By

opponent

6. On hearing by comptroller. By applicant and by opponent respectively

[ocr errors]

7. On application to amend specification : Up to sealing. By applicant

8. After sealing. By patentee

9. On notice of opposition to amendment.

opponent

[ocr errors][merged small]
[ocr errors]

1 0 0

[ocr errors][ocr errors][merged small][ocr errors][merged small][merged small]

10. On hearing by comptroller. By applicant and £ 8. d. by opponent respectively

11. On application to amend specification during action or proceeding. By patentee

[ocr errors]

1 0 0

[ocr errors]

300

12. On application to the Board of Trade for a compulsory license. By person applying

13. On opposition to grant of compulsory license. By patentee.

14. On certificate of renewal:

Before end of 4 years from date of patent
15. Before end of 7 years, or in the case of patents

granted under the "Patents, Designs, and
Trade Marks Act, 1883," before the end
of 8 years from date of patent

or in lieu of the fees of £50 and £100, the fol-
lowing annual fees :

[ocr errors]

5 0 0

500

[ocr errors]

.50 0 0

100 0 0

£ s. d.

16. Before expiration of 4th year from date of patent 10 0 0

[merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][ocr errors][ocr errors][merged small][merged small][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][ocr errors][merged small][ocr errors][merged small][merged small][merged small][merged small]
[ocr errors]

0 10 0

each

2 0 0

29. For every entry of an assignment, transmission, agreement, license or extension of patent

30. For duplicate of letters patent

« PreviousContinue »