Turney v. Bayley, 4 De Gex, Jo. & Sm. 332; 33 L. J. Ch. 499 V. Von Heyden v. Neustadt, L. R. 14 Ch. D. 230; 42 L. T. 300; 28 W. R. 49 W. Wall v. Bright, 1 Jacob & Walker, 494 Wallington v. Dale (1852), 7 Exch. 888; 23 L. J. Ex. 49 Walton v. Lavater (1860), 8 C. B. N. S. 162; 29 L. J. C. P. 275; 6 Ju N. S. 1251; 3 L. T. N. S. 272 Waring v. Ward, 7 Ves. jr. 337 Warwick v. Hooper (1850), 3 Mac. & G. 60 Weaver v. Sessions, 6 Taunt. 155 Webb v. Spicer, 13 Q. B. 886; 18 L. J. Q. B. 142 West v. Reid, 2 Hare, 260; 12 L. J. N. S. Ch. 245 Whittaker, In re, Macmillan, Ex parte (1871), 24 L. T. N. S. 143 Williams v. Hathaway, L. R. 6 Ch. D. 544 Williams v. Millington, 1 Hen. Black. 81 Williams v. Williams, L. R. 2 Ch. 294; 36 L. J. Ch. 419; 15 W. R. 657 16 L. T. N. S. 42 Willoughby v. Willoughby, 1 T. R. 772 Wirth's Patent, Re (1879), L. R. 12 Ch. D. 303; 28 W. R. 329 Withers v. Reynolds, 2 Barn. & Adolp. 882; 1 L. J. N. S. K. B. 30 Y. Young v. Smith, L. R. 1 Eq. 180; 35 Beav. 87 1 1 1 1 ABBREVIATIONS USED, EDITIONS CITED, &c. C. F. Sp. Cl. ....One or more of the Common Forms, at pp. 48-56. at pp. 228-242. P. R........... Patent Rule or Rules issued by Board of Trade in 1883 and 1885. See Appendix. The Act of 1835..5 & 6 Will. IV. c. 83 (Patents). 1883..46 & 47 Vict. c. 57 (Patents, Designs and Trade Marks Act, 1883). See Appendix. The New Act....The Act of 1883. The Act of 1885. .48 & 49 Vict. c. 63 (Patents, Designs and Trade Marks Amendment Act, 1885). See Appendix. 99 1886..49 & 50 Vict. c. 37 (Patents Act, 1886). See Appendix. The New Acts .. The Acts of 1883, 1885 and 1886. The Old Acts....The various Patent Acts repealed by the Act of 1883, including the Acts of 1835, 1844, 1852 and 1853. Conv. Act ......The Conveyancing and Law of Property Act, 1881 (44 & 45 Vict. c. 41). See Appendix. Conv. Act, 1882..45 & 46 Vict. c. 39. See Appendix. The Works on the New Acts cited are those of : Aston, J. J., Q.C. [the late], 1883; Aston, Theodore, Q.C., 1884; Higgins, Clement, 1884; Johnson (Patentee's Manual), 1884; Lawson, 1884; Munro, J. E. C., 1884; Seward-Brice, Q.C., 1885; Terrell, T., 1884. The older and other Works on Patents cited are those of : Agnew, 1874; Carpmael (Patent Cases), 1843 and 1851; Coryton, 1855; Godson, 1823; Goodeve (Patent Cases), 1884; Higgins (Digest of Cases), to March, 1880; Hindmarch, 1846; Macrory (Patent Cases); Norman, 1853; Webster (Patents and Digest), 1841. Editions of Conveyancing and other Works of a general nature are as follows: Addison on Contracts, 8th ed. 1883; Benjamin on Sales, 3rd ed. 1884; Buckley on Companies, 4th ed. 1883; Chitty on Contracts, 11th ed. 1880; Copinger's Index to Conveyancing, 1872; Davidson's Precedents in Conveyancing, any edition unless otherwise stated; Elphinstone, Norton & Clark's (Elph. N. & C.'s) "Interpretation of Deeds," 1885; Everest & Strode's Law of Estoppel, 1884; Fry on Specific Performance, 2nd ed. 1881; Key & Elphinstone's Precedents in Conveyancing, 2nd ed. 1883; Lindley on Partnership, 4th ed. 1878; Palmer's Company Precedents, 3rd ed. 1884; Pollock's Principles of Contract, 4th ed. 1885; Smith's Leading Cases, 7th ed. 1876, 8th ed. 1879; Woodfall on Landlord and Tenant, 13th ed. 1886. ADDENDA, &c. Page 62.-Refer to the following observations for pp. 130, 131. Page 130.-The power to the mortgagor to grant licences might be made exerciseable not only up to the time when the power of sale should first become exerciseable, but also beyond that time, until the mortgagee shall give notice in writing to the mortgagor that he determines the power. The power of attorney might be made an irrevocable power for the prescribed period under sects. 8, 9 of the Conveyancing Act, 1882 (post, p. 384). Such a power would, no doubt, from the circumstances of the case, be held to have been given for valuable consideration. As a mortgage is registered simply as an assignment (post, p. 132, n.), the mortgagee can alone grant valid licences, subject to the question of notice as to equities. See sect. 87 of the new Act, post, p. 322. The power of attorney should, of course, enable the mortgagor to receive the royalties under each licence until the mortgagee, consistently with the other provisions in the power, shall, by notice in writing served on the licensee, require the future sums to be paid to himself. Page 131.-The power to the mortgagee to grant licences might be made exerciseable only after he shall have given notice in writing to the mortgagor that he claims to be entitled to exercise the same. Page 165, line 4 from the bottom.-After the word "owners" add (within the bracket), "and ' estate and interest as aforesaid,' instead of 'share.'"' Last line but one. After the word "owner" add "but providing that the parties shall contribute in the same proportions as provided in the case of fees as aforesaid."" In the same line, substitute "and" for the last word “but.” Pages 169, 170.-As to the power of the mortgagor to grant licences, refer to the above observations for p. 130. As to the power of the mortgagee to grant licences, refer to the above observations for p. 131. Page 289, note (d).-The covenant might be as follows:-" And that he the said A. B. will not during the continuance of this licence do or knowingly suffer any act matter or thing whereby the said licence dated &c. may become determined or revoked." Page 297, Form IV.—The memorandum is to be supposed to be entered on the register in pursuance of a proviso in the power of revocation that "the licensee shall be at liberty at any time thereafter to sign and enter or cause to be entered on the register at the Patent Office a memorandum that this licence had become revoked as aforesaid." In the form, for the word "agreement" write "licence." PATENTS CONVEYANCING. q INTRODUCTORY CHAPTER. Definition of letters patent; definition of patent .... .... Who is an inventor, the term includes "first importer;" the Statute Amendment of specification by disclaimer; what persons could enter disclaimer; disclaimers, when retrospective in effect; effect of disclaimers Registration under old practice; effect of registration (old practice); other matters under old practice THE NEW ACTS. ... PAGE 2 2, 3 3-5 8, 9 The Acts of 1883, 1885, and 1886; comptroller; general rules regulating practice at Patent Office issued by Board of Trade ....9, 10 First importer is still "an inventor"; who may apply for a patent; devolution of right of application; joinder of co-applicants by amendment ..10-12 ..12, 13 ..... Present mode of application; an importer must be resident; fact of communication to be stated; reference of application to examiner; abandoned applications not published Provisional protection under new act; times for leaving and acceptance of complete specification; reference and report on the specification; on acceptance the public may inspect for first time; patent rights by acceptance of complete specification ..13-15 Times for sealing patent (new practice); opposition to grant; contents of letters patent (new); duration of patent Assignment of patent rights for a district; assignments of shares, &c. in a patent 15-17 ..17, 18 Amendment of specifications by disclaimer, &c.; retrospective effect of amendments of specifications; extension of term of patent; Registration under new practice; what documents may be notified on |
