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21 Jac. I. c. 3 (in part) (a).

An Act concerning Monopolies and Dispensations, with Penal Laws and the Forfeitures thereof.

[A.D. 1623.]

1. All monopolies, commissions, grants, licences, charters, and letters Monopolies, patent heretofore or hereafter made or granted to any person, body &c., declared politic, or corporate, for the sole buying, selling, making, working, or illegal and

void. using of anything within this realm or the dominion of Wales, or of any other monopolies, or of power, liberty or faculty to dispense with any others, or to give licence or toleration to do, use or exercise anything against the tenor or purport of any law or statute, or to give or make any warrant for any such dispensation, licence or toleration to be had or mado, or to agree or compound with any others for any penalty or forfeiture limited by any statute, or of any grant or promise of the benefit, profit or commodity of any forfeiture, penalty, or sum of money that is or shall be due by any statute before judgment thereupon had; and all proclamations, inhibitions, restraints, warrants of assistance, and all other matters and things whatsoever any way tending to the instituting, erecting, strengthening, furthering or countenancing of the same, or any of them, are altogether contrary to the laws of this realm, and so are and shall be utterly void and of none effect, and in nowise to be put in use or execution.

fourteen years

6. Provided that any declaration before mentioned shall not extend Except letters to any letters patent and grants of privilege for the term of fourteen patent for years or under hereafter to be made of the sole working or making of new invenany manner of new manufactures within this realm to the true and tions for first inventor and inventors of such manufactures, which others at the

or under, time of making such letters patent and grants shall not use, so as also they be not contrary to the 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 accounted from the date of the first letters patent or grants 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.

(a) This Act is referred to in the Introductory Chapter, ante, pp. 2, 3, 11.

Act not to 7. Provided also that this Act or anything therein contained shall extend to not in anywise extend or be prejudicial to any grant or privilege, grants, &c., confirmed by power or authority whatsoever heretofore made, granted, allowed, or existing acts confirmed by any Act of Parliament now in force, so long as the same of parliament shall so continue in force. so long as latter are in

8. Provided also that this Act shall not extend to any warrant or force.

privy seal made or directed, or to be made or directed by his Majesty, Act not to extend to

his heirs or successors, to the justices of the Courts of King's Bench warrants or

or Common Pleas and Barons of the Exchequer, justices of assize, privy seals to justices of oyer and terminer and gaol delivery, justices of the peace judges and

and other justices for the time being, having power to hear and deterjustices to

mine offences done against any penal statuto, to compound for the compound for forfeitures.

forfeitures of any penal statute depending in suit and question before them or any of them respectively after plea pleaded by the party defendant.

Like saving

9. Provided also that this Act or anything therein contained shall not as to City of in anywise extend or be prejudicial unto the City of London, or to any London and corporate

city, borough or town corporate within this realm for or concerning bodies in any grants, charters or letters patent to them or any of them made or respect of granted, or for or concerning any custom or customs used by or within charters, them, or any of them, or unto any corporations, companies, or fellowgrants, or

ships of any art, trade, occupation or mystery, or to any companies or letters patent societies of merchants within this realm, erected for the maintenance, for maintenance, &c., of enlargement or ordering of any trade or merchandize; but that the trade. same charters, customs, corporations, companies, fellowships and socie

ties, and their liberties, privileges, powers and immunities shall be and continue of such force and effect as they were before the making of this Act and of none other; anything before in this Act contained to the contrary in anywise notwithstanding.




1. Short title
2. Division of Act into parts
3. Commencement of Act.

PAGE 307 307 307


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Application for and Grant of Patent. 4. Persons entitled to apply for patent

307 5. Application and specification..


308 6. Reference of application to examiner

308 7. Power for comptroller to refuse application or require amendment

308 8. Time for leaving complete specification

309 9. Comparison of provisional and complete specification

309 10. Advertisement on acceptance of complete specification

310 11. Opposition to grant of patent

310 12. Sealing of patent

310 13. Date of patent

... 311

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Extension of Term of Patent. 25. Extension of term of patent on petition to Queen in Council


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Legal Proceedings. 28. Hearing with assessor........ 29. Delivery of particulars. 30. Order for inspection, &c. in action 31. Certificate of validity questioned, and costs thereon . 32. Remedy in case of groundless threats of legal proceedings

PAGE 316 316 316 316 317

Miscellaneous. 33. Patent for one invention only...

317 34. Patent on application of representative of deceased inventor

317 35. Patent to first inventor not invalidated by application in fraud of him. 317 36. Assignment for particular places

317 37. Loss or destruction of patent ...

318 38. Proceedings and costs before law officer

318 39. Exhibition at industrial or international exhibition not to prejudice patent rights.....

318 40. Publication of illustrated journal, indexes, &c. 41. Patent Museum..

319 42. Power to require models on payment

319 43. Foreign vessels in British waters

319 44. Assignment to Secretary for War of certain inventions



Existing Patents. 45. Provisions respecting existing patents ...

.... 320

Definitions. 46. Definitions of patent, patentee, and invention

[Sects. 47—81 do not relate to Patents.]

...... 320


Patent Office and Proceedings thereat. 82. Patent office

321 83. Officers and clerks

321 84. Seal of patent office.

321 85. Trust not to be entered in registers

321 86. Refusal to grant patent, &c. in certain cases

322 87. Entry of assignments and transmissions in registers

322 88. Inspection of and extracts from registers

322 89. Sealed copies to be received in evidence

322 90. Rectification of registers by court

322 91. Power for comptroller to correct clerical errors

322 92. Alteration of registered mark

323 93. Falsification of entries in registers

323 94. Exercise of discretionary power by comptroller

323 95. Power of comptroller to take directions of law officers

323 96. Certificate of comptroller to be evidence

323 97. Applications and notices by post

323 98. Provision as to days for leaving documents at office..

323 99. Declaration by infant, lunatic, &c.

324 100. Transmission of certified printed copies of specifications, &c..

324 101. Power for Board of Trade to make general rules for classifying goods and regulating business of patent office..

324 102. Annual reports of comptroller

325 International and Colonial Arrangements. 103. International arrangements for protection of inventions, designs, and trade marks

325 104. Provision for Colonies and India


Offences. 105. Penalty on falsely representing articles to be patented 106. Penalty on unauthorized assumption of Royal arms......

326 326

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