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be deemed to be so left or filed if left or filed before or after the commencement of this Act in the patent office.
(a) It does not appear quite clear by the words in subs. 1 & 3 of the above section whether the fees on applications pending on the 1st of January, 1884, are to be governed by the new schedule of fees or by the old. By sub. 1 it seems to have been intended that these fees should follow the old scale, but it is not so expressly stated, unless the payment of fees is a "proceeding." The words in brackets in sub. 3, "including the amount and payment of fees," seem to point to a contrary intention. The following explanation has been given by a well-known firm of patent agents:
"We have very carefully considered this section, and believe that the intention is as follows--viz., that applications made but not completed before January 1st, 1884, will be dealt with-so far as the various steps and payments necessary for obtaining the patents and filing the specifications are concerned-according to the law in force up to that date, and therefore not according to the new law; but that such patents, when obtained, and when the specifications have been filed, will be subject to all the provisions of the new law, excepting those relating to a patent binding the Crown, and to compulsory licenses; moreover, that the provisions of the new law will also apply to all unexpired patents actually granted prior to January 1st, 1884, with the two exceptions above named, and one other mentioned in the following paragraph [The exception here referred to is mentioned in the second schedule to Act. See page 177] in substitution for such enactments as would have applied thereto if the new Act had not been passed." Notes on the Patents, Designs, and Trade Marks Act, 1883, by Messrs. Haseltine, Lake, & Co.
(b) All proceedings for amendment, prolongation, and Amendrevocation provided by this Act will apply to patents longation, granted or applied for before the 1st January, 1884.
(c) See repeal and saving for past operation of repealed Saving for enactments, s. 113.
past operation of repealed enactments.
46. In and for the purposes of this Act
Definitions of "patent,
means letters patent for an invention: "patentee,' "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 ") (a), and includes an alleged invention.
In Scotland "injunction " means "interdict."
(a) This Act only repeals the Statute of Monopolies in Statute part namely, sections ten, eleven and twelve, which are not lies. important, and refer to letters patent granted for making gunpowder, alum, &c. See third schedule to Act. The most important section is section six, which is the foundation of the present patent law as far as positive enactment is concerned, for it must be remembered that the Statute of Monopolies was only declaratory of the common law existing at that time.
"Provided also, and be it declared and enacted that any Section six. declaration before mentioned shall not extend to any letters patent and grants of privilege for the term of fourteen years or under, hereafter to be made for 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 they shall not be contrary to law, nor mischievous to the state, by raising prices of commodities at home, or hurt of trade, or generally inconvenient. The said fourteen years to be accompted from the date of the first letters patents or grant of such privilege hereafter to be made, but that the same shall be of such force as they should be if this Act had never been made and of none other." Inreferring to this section Coke says (3 Inst. c. 85, pp. 181, 184): "The second proviso" (the first proviso being section five, which refers to patents granted before the passing of the statute) concerns the privilege of new manufactures hereafter to be granted, and this must also have seven properties:
1. It must be for the term of fourteen years or under, 2. It must be granted to the first and true inventor. 3. It must be of such manufactures which any others at the time of the making of such letters patent did not use, for albeit it were newly invented, yet if any other did use it at the making of the letters patent or grant of privilege, it is declared and enacted to be void by this Act.
4. The privilege must not be contrary to law; such a privilege as is consonant to law must be substantially and essentially newly invented, but if the substance was in esse before and a new addition thereunto, though that addition make the former more probable, yet it is not a new manufacture in law, and so it was resolved in the Exchequer Chamber Pasch. 15 Eliz. in Bircot's Case for a privilege concerning the preparing and melting &c. of lead ore; for there it was said that is to put a new button to an old coat, and it is much easier to add than invent. And there it was also resolved that if the new manufacture be substantially
invented according to law, yet no old manufacture in
5. Nor mischievous to the State by raising of prices of
6. Nor to hurt of trade. This is very material and evident.
7. Nor generally inconvenient."
Bircot's Case is not now law, having been again and again expressly overruled; therefore, the above remarks as to additions in number four above do not now apply. The gist of four, five, six, and seven, are expressed in the form of letters patent in the first schedule to the Act, form D. "Provided that these our letters patent are on this condition, that if at any time during the 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 the Isle of Man, or that the said patentee is not the first and true inventor thereof within the realm as aforesaid, these, our letters patent, shall forthwith determine and be void to all intents and purposes, notwithstanding anything hereinbefore
Registration of Designs.
47. (1.) The comptroller may, on1 application (c) Application by or on behalf of any person claiming to be the tration of proprietor (a) of any new or original (d) design (b)
Form of application.
not previously published in the United Kingdom, register the design under this part of this Act.
(2.) The application1 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,2 the patent office in the prescribed manner (c).
(3.) The application must contain a statement of the nature of the design (e), and the class or classes of goods in which the applicant desires that the design be registered (ƒ).
(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.5
(6.) The comptroller may,5 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
(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.s
1 By the designs rules the application for the registration of a design must be made in the form E, in the second schedule thereof. See page 256. And the size of the papers, etc., must be of the dimensions required by rule 8, unless the comptroller in any particular case may vary the requirements of the rule. See page 243. Ap