TABLE OF CONTENTS. PAGE PATENTS, DESIGNS AND TRADE MARKS ACT, 1883 (46 & 47 Vict. c. 57). 305 PATENTS, DESIGNS AND TRADE MARKS AMENDMENT ACT, 1885 (48 & 49 CONVEYANCING AND LAW OF PROPERTY ACT, 1881 (44 & 45 Vict. c. 41) [in part] 1 STATUTE OF MONOPOLIES. 21 Jac. I. c. 3 (in part) (a). An Act concerning Monopolies and Dispensations, with Penal Laws and 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 using of anything within this realm or the dominion of Wales, or of void. 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 made, 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. 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 fourteen years 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 extend to grants, &c., confirmed by existing acts of parliament so long as latter are in force. Act not to extend to warrants or privy seals to judges and justices to compound for forfeitures. Like saving as to City of London and corporate bodies in respect of charters, grants, or letters patent for maintenance, &c., of trade. 7. Provided also that this Act or anything therein contained shall not in anywise extend or be prejudicial to any grant or privilege, power or authority whatsoever heretofore made, granted, allowed, or confirmed by any Act of Parliament now in force, so long as the same shall so continue in force. 8. Provided also that this Act shall not extend to any warrant or privy seal made or directed, or to be made or directed by his Majesty, his heirs or successors, to the justices of the Courts of King's Bench or Common Pleas and Barons of the Exchequer, justices of assize, justices of oyer and terminer and gaol delivery, justices of the peace and other justices for the time being, having power to hear and determine offences done against any penal statute, to compound for the forfeitures of any penal statute depending in suit and question before them or any of them respectively after plea pleaded by the party defendant. 9. Provided also that this Act or anything therein contained shall not in anywise extend or be prejudicial unto the City of London, or to any city, borough or town corporate within this realm for or concerning any grants, charters or letters patent to them or any of them made or granted, or for or concerning any custom or customs used by or within them, or any of them, or unto any corporations, companies, or fellowships of any art, trade, occupation or mystery, or to any companies or societies of merchants within this realm, erected for the maintenance, enlargement or ordering of any trade or merchandize; but that the same charters, customs, corporations, companies, fellowships and societies, 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. PATENTS, DESIGNS, AND TRADE MARKS ACT, 1833. SECTION 1. Short title 2. Division of Act into parts 3. Commencement of Act.... ARRANGEMENT OF SECTIONS. PART I.-PRELIMINARY. ... 9. Comparison of provisional and complete specification 10. Advertisement on acceptance of complete specification 11. Opposition to grant of patent 12. Sealing of patent 13. Date of patent PART II.-PATENTS. Application for and Grant of Patent. 14. Provisional protection 16. Extent of patent 17. Term of patent.. 4. Persons entitled to apply for patent 5. Application and specification.. 6. Reference of application to examiner 7. Power for comptroller to refuse application or require amendment 8. Time for leaving complete specification Protection by Complete Specification. 15. Effect of acceptance of complete specification Patent. Provisional Protection. Amendment of Specification. Compulsory Licences. 22. Power for Board to order grant of licences.... Register of Patents. 24. Fees in Schedule ...... 26. Revocation of patent .... .... 27. Patent to bind Crown Extension of Term of Patent. 25. Extension of term of patent on petition to Queen in Council Revocation. .... Fees. .... Crown. PAGE 307 307 307 307 308 308 308 309 309 310 310 310 311 311 311 311 311 312 313 313 313 313 313 ...... 314 ..... 314 .... 315 315 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. 318 99. Declaration by infant, lunatic, &c. 100. Transmission of certified printed copies of specifications, &c. 101. Power for Board of Trade to make general rules for classifying goods and 103. International arrangements for protection of inventions, designs, and trade marks 104. Provision for Colonies and India 321 321 321 321 322 322 322 322 322 322 323 323 323 323 323 323 323 324 324 324 325 325 326 |
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