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TABLE OF CONTENTS.
STATUTE OF MONOPOLIES.
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 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 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.
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.
PATENTS, DESIGNS, AND TRADE MARKS ACT, 1833.
ARRANGEMENT OF SECTIONS,
1. Short title
PAGE 307 307 307
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
Extension of Term of Patent. 25. Extension of term of patent on petition to Queen in Council
Legal Proceedings. SECTION 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
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.
318 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
319 Existing Patents. 45. Provisions respecting existing patents ...
Definitions. 46. Definitions of patent, patentee, and invention
[Sects. 47—81 do not relate to Patents.]
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..