Court shall otherwise direct, but otherwise nothing shall affect the jurisdiction and forms of process of the Courts in Scotland in such an action or in any action or proceeding respecting a patent hitherto competent to those Courts. For the purposes of this section "Court of Appeal" shall mean any Court to which such action is appealed. 108. In Scotland any offence under this Act declared to be punish- Summary able on summary conviction may be prosecuted in the sheriff court. proceedings in Scotland. 109.-(1.) Proceedings in Scotland for revocation of a patent shall Proceedings be in the form of an action of reduction at the instance of the Lord for revocation Advocate, or at the instance of a party having interest with his con- Scotland. of patent in currence, which concurrence may be given on just cause shown only. (2.) Service of all writs and summonses in that action shall be made according to the forms and practice existing at the commencement of this Act. 110. All parties shall, notwithstanding anything in this Act, have Reservation in Ireland their remedies under or in respect of a patent as if the same of remedies in had been granted to extend to Ireland only. Ireland. courts. 111.-(1.) The provisions of this Act, conferring a special jurisdiction General on the Court as defined by this Act, shall not, except so far as the saving for jurisdiction extends, affect the jurisdiction of any Court in Scotland or jurisdiction of Ireland in any proceedings relating to patents or to designs or to trade marks; and with reference to any such proceedings in Scotland, the term "the Court" shall mean any Lord Ordinary of the Court of Session, and the term "Court of Appeal" shall mean either Division of the said Court; and with reference to any such proceedings in Ireland, the terms "the Court" and "the Court of Appeal" respectively mean the High Court of Justice in Ireland and Her Majesty's Court of Appeal in Ireland. (2.) If any rectification of a register under this Act is required in pursuance of any proceeding in a Court in Scotland or Ireland, a copy of the order, decree, or other authority for the rectification, shall be served on the comptroller, and he shall rectify the register accordingly. 112. This Act shall extend to the Isle of Man, and— (2.) The punishment for a misdemeanour under this Act in the Isle (3.) Any offence under this Act committed in the Isle of Man which would in England be punishable on summary conviction may be prosecuted, and any fine in respect thereof recovered at the instance of any person aggrieved, in the manner in which offences punishable on summary conviction may for the time being be prosecuted. Isle of Man. Former deemed continued. Repeal; Transitional Provisions; Savings. 113. The enactments described in the Third Schedule to this Act are hereby repealed. But this repeal of enactments shall not(a.) Affect the past operation of any of those enactments, or any patent or copyright or right to use a trade mark granted or acquired, or application pending, or appointment made, or compensation granted, or order or direction made or given, or right, privilege, obligation, or liability acquired, accrued, or incurred, or anything duly done or suffered under or by any of those enactments before or at the commencement of this Act; or (b.) Interfere with the institution or prosecution of any action or proceeding, civil or criminal, in respect thereof, and any such proceeding may be carried on as if this Act had not been passed; or (c.) Take away or abridge any protection or benefit in relation to any such action or proceeding (u). (u) Compare sect. 45 with this section. See also, ante, pp. 22, 23, as to the two sections. Under sect. 25 of the repealed Act of 1852, patents obtained here for inventions already patented abroad became void on the expiration of the foreign patent. The new Acts have no similar provision, so that it may be presumed that the duration of a British patent granted thereunder, whether on an application pending at or made since the commencement of the Act of 1883, is unaffected by that of any foreign patent for the same invention. See Lawson, pp. 140, 141 (notes to sect. 45), as to the effect of the above section in respect of sect. 25 of the Act of 1852. 114.—(1.) The registers of patents and of proprietors kept under registers to be any enactment repealed by this Act shall respectively be deemed parts of the same book as the register of patents kept under this Act (r). (2.) The registers of designs and of trade marks kept under any enactment repealed by this Act shall respectively be deemed parts of the same book as the register of designs and the register of trade marks kept under this Act. Saving for existing rules. Saving for prerogative. General definitions. (r) See sects. 23 and 87, ante, and notes thereon. 115. All general rules made by the Lord Chancellor or by any other authority under any enactment repealed by this Act, and in force at the commencement of this Act, may at any time after the passing of this Act be repealed, altered or amended by the Board of Trade, as if they had been made by the Board under this Act, but so that no such repeal, alteration or amendment shall take effect before the commencement of this Act; and, subject as aforesaid, such general rules shall, so far as they are consistent with and are not superseded by this Act, continue in force as if they had been made by the Board of Trade under this Act. 116. Nothing in this Act shall take away, abridge or prejudicially affect the prerogative of the Crown in relation to the granting of any letters patent or to the withholding of a grant thereof. General Definitions. 117.-(1.) In and for the purposes of this Act, unless the context otherwise requires, "Person" includes a body corporate : "The Court" means (subject to the provisions for Scotland, Ireland, and the Isle of Man) Her Majesty's High Court of Justice in England: "Law officer" means Her Majesty's Attorney-General or SolicitorGeneral for England: "The Treasury' Treasury: means the Commissioners of Her Majesty's "Comptroller" means the Comptroller-General of Patents, Designs, and Trade Marks: "Prescribed" means prescribed by any of the Schedules to this Act, or by general rules under or within the meaning of this Act: "British possession" means any territory or place situate within Her Majesty's dominions, and not being or forming part of the United Kingdom, or of the Channel Islands, or of the Isle of Man, and all territories and places under one legislature, as hereinafter defined, are deemed to be one British possession for the purposes of this Act: "Legislature" includes any person or persons who exercise legislative authority in the British possession; and where there are local legislatures as well as a central legislature, means the central legislature only. In the application of this Act to Ireland, "summary conviction " means a conviction under the Summary Jurisdiction Acts, that is to say, with reference to the Dublin Metropolitan Police District the Acts regulating the duties of justices of the peace and of the police for such district, and elsewhere in Ireland the Petty Sessions (Ireland) Act, 1851, and any Act amending it. THE FIRST SCHEDULE. [The Forms A., B. and C. in this are replaced by the Forms A., A1, B. and C. in the Second Schedule to the Patent Rules, 1885. Form D. of this Schedule (Form of a Patent) is the Form I. at pp. 48, 49, ante.] THE SECOND SCHEDULE. Fees on instruments for obtaining Patents, and Renewal (w). (b) Further before end of four years from date of patent. On certificate of renewal... 50 0 0 (w) In addition to these fees, there are now payable the fees mentioned in the First Schedule to the Patent Rules, 1883, post, p. 344; and also the fees mentioned in the First Schedule to the Patent Rules, 1885, post, p. 357. Section 24. (c) Further before end of seven years, or in the case of patents granted after the commencement of this Act, before the end of eight years from date of patent. On certificate of renewal.... £100 0 0 Or in lieu of the fees of 501. and 100l. the following annual fees:Before the expiration of the fourth year from the date of the Section 113. patent £10 00 An Act to amend an Act of the fifth and sixth years of the reign of King William the Fourth, intituled "An Act to amend the law touching letters patent for inventions." An Act to consolidate and amend the laws relating to the copyright of designs for ornamenting articles of manufacture. An Act to amend the laws relating to the copyright of designs. An Act for amending an Act passed in the fourth year of the reign of his late Majesty, intituled "An Act for the better administration of justice in his Majesty's Privy Council, and to extend its jurisdiction and powers." In part; namely, Sections two to five, both included. (a) Note.-Sections six and seven of this Act are repealed by the Statute Law Revision (No. 2) Act, 1874. 13 & 14 Vict. c. 104 [1850.] 15 & 16 Vict. c. 83 [1852.] 16 & 17 Vict. c. 5 [1853.] 16 & 17 Vict. c. 115 [1853.] An Act to extend and amend the Acts relating to the copyright of designs. The Patent Law Amendment Act, 1852. An Act to substitute stamp duties for fees on passing letters patent for inventions, and to provide for the purchase for the public use of certain indexes of specifications. An Act to amend certain provisions of the Patent Law Amendment Act, 1852, in respect of the transmission of certified copies of letters patent and specifications to certain offices in Edinburgh and Dublin, and otherwise to amend the said Act. 21 & 22 Vict. c. 70 An Act to amend the Act of the fifth and sixth [1858.] 22 Vict. c. 13.... [1859.] 24 & 25 Vict. c. 73 [1861.] 28 & 29 Vict. c. 3 [1865.] years of her present Majesty, to consolidate and amend the laws relating to the copyright of designs for ornamenting articles or manufacture. An Act to amend the law concerning patents for inventions with respect to inventions for improvements in instruments and munitions of war. An Act to amend the law relating to the copyright of designs. The Industrial Exhibitions Act, 1865. 33 & 34 Vict. c. 27 The Protection of Inventions Act, 1870. |