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Construction and short title.
PATENTS, ETC. AMENDMENT ACT, 1885.
48 & 49 VICT. c. 63.
of ss. 8, 9, and 12 of 46 & 47
Vict. c. 57.
An Act to amend the Patents, Designs, and Trade Marks Act, 1883. [14th August, 1885.] Be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Specifications, &c. not to be
1. This Act shall be construed as one with the Patents, Designs, and Trade Marks Act, 1883 (in this Act referred to as the principal Act).
Amendment of sect. 5 of
2. Whereas sub-section two of section five of the principal Act requires a declaration to be made by an applicant for a patent to the 46 & 47 Vict. effect in that sub-section mentioned, and doubts have arisen as to the
nature of that declaration, and it is expedient to remove such doubts: Be it therefore enacted that:
This Act may be cited as the Patents, Designs, and Trade Marks (Amendment) Act, 1885, and this Act and the principal Act may be cited together as the Patents, Designs, and Trade Marks Acts, 1883 and 1885.
The declaration mentioned in sub-section two of section five of the
5 & 6 W. 4, principal Act may be either a statutory declaration under the Statutory Declarations Act, 1835, or not, as may be from time to time prescribed (a).
(a) See Forms A. and A1. under the Patent Rules, 1885, which are of simple declarations (post, pp. 358, 359). The forms with the same designations, prescribed under the Patent Rules, 1883, r. 6, were of statutory declarations, but the references to the Act of 1835 were to be omitted if the declarations were to be made out of the United Kingdom.
3. Whereas under the principal Act, a complete specification is required (by section eight) to be left within nine months, and (by section nine) to be accepted within twelve months, from the date of application, and a patent is required by section twelve to be sealed within fifteen months from the date of application, and it is expedient to empower the comptroller to extend in certain cases the said times: Be it therefore enacted as follows:
A complete specification may be left and accepted within such extended times, not exceeding one month and three months respectively after the said nine and twelve months respectively as the comptroller may on payment of the prescribed fee allow, and where such extension of time has been allowed, a further extension of four months after the said fifteen months shall be allowed for the sealing of the patent; and the principal Act shall have effect as if any time so allowed were added to the said periods specified in the principal Act.
4. Where an application for a patent has been abandoned, or become void, the specification or specifications and drawings (if any) accom
panying or left in connection with such application, shall not at any published time be open to public inspection or be published by the comp- unless aptroller (b). plication accepted.
(b) See sect. 8 of the principal Act (ante, p. 309), and the notes thereto as to abandonment of applications.
5. Whereas doubts have arisen whether under the principal Act a Power to patent may lawfully be granted to several persons jointly, some or one grant patents of whom only are or is the true and first inventors or inventor; be it to several therefore enacted and declared that it has been and is lawful under persons jointly. the principal Act to grant such a patent (c).
(e) See sects. 4 and 5 of the principal Act, ante, p. 309. As to what persons may apply for a patent, the devolution of the right to apply, and joinder of applicants by amendments, see ante, pp. 10-12.
6. In sub-section one of section one hundred and three of the prin- Amendment cipal Act, the words "date of the application" shall be substituted for the words "date of the protection obtained."
of sect. 103 of 46 & 47 Vict. c. 57.
PATENTS ACT, 1886.
49 & 50 VICT. c. 37.
An Act to remove certain doubts respecting the construction of the Patents, Designs, and Trade Marks Act, 1883, so far as respects the drawings by which specifications are required to be accompanied, and as respects exhibitions.
[25th June, 1886.]
WHEREAS by section five of the Patents, Designs, and Trade Marks 46 & 47 Vict. Act, 1883, specifications, whether provisional or complete, must be c. 57. accompanied by drawings if required, and doubts have arisen as to whether it is sufficient that a complete specification refers to the drawings by which the provisional specification was accompanied, and it is expedient to remove such doubts:
Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
1. This Act may be cited as the Patents Act, 1886, and shall be Short title construed as one with the Patents, Designs, and Trade Marks Acts, and construc1883 and 1885, and, together with those Acts, may be cited as the Patents, Designs, and Trade Marks Acts, 1883 to 1886.
46 & 47 Vict.
48 & 49 Vict.
2. The requirement of sub-section four of section five of the Patents, c. 63. Designs, and Trade Marks Act, 1883, as to drawings shall not be The same drawings
deemed to be insufficiently complied with by reason only that instead of being accompanied by drawings the complete specification refers to specifications. the drawings which accompanied the provisional specification. And
no patent heretofore sealed shall be invalid by reason only that the complete specification was not accompanied by drawings but referred to those which accompanied the provisional specification.
may accompany both
Protection of patents and designs exhibited at international exhibitions.
3. Whereas by section thirty-nine of the Patents, Designs, and Trade Marks Act, 1883, as respects patents, and by section fifty-seven of the same Act as respects designs, provision is made that the exhibition of an invention or design at an industrial or international exhibition, certified as such by the Board of Trade, shall not prejudice the rights of the inventor or proprietor thereof, subject to the conditions therein mentioned, one of which is that the exhibitor must, before exhibiting the invention, design, or article, or publishing a description of the design, give the controller the prescribed notice of his intention to do so:
And whereas it is expedient to provide for the extension of the said sections to industrial and international exhibitions held out of the United Kingdom, be it therefore enacted as follows:
It shall be lawful for Her Majesty, by Order in Council, from time to time to declare that sections thirty-nine and fifty-seven of the Patents, Designs, and Trade Marks Act, 1883, or either of those sections, shall apply to any exhibition mentioned in the Order in like manner as if it were an industrial or international exhibition certified by the Board of Trade, and to provide that the exhibitor shall be relieved from the conditions, specified in the said sections, of giving notice to the controller of his intention to exhibit, and shall be so relieved either absolutely or upon such terms and conditions as to Her Majesty in Council may seem fit.
PATENTS RULES, 1883.
By virtue of the provisions of the Patents, Designs, and Trade Marks
1. These rules may be cited as the Patents Rules, 1883.
2. These rules shall come into operation from and immediately Commenceafter the 31st day of December, 1883.
3. In the construction of these rules, any words herein used defined Interpretaby the said Act shall have the meanings thereby assigned to them tion. respectively.
4. The fees to be paid under the above-mentioned Act, in addition Fees. to the fees mentioned in the Second Schedule thereto, so far as it relates to patents, shall be those specified in the list of fees in the First Schedule to these rules (a).
5. The Forms A, B, and C in the First Schedule to the said Act Forms. shall be altered or amended by the substitution therefor respectively Alterations. of the Forms A, A1, B, and C in the Second Schedule hereto.
(a) To those fees are to be added those mentioned in the First Schedule to P. R. 1885 (p. 357, post). See Rule 3 of the latter rules.
6.-(1.) An application for a patent shall be made either in the Application. Form A or the Form A1 set forth in the Second Schedule hereto as the case may be.
(2.) The Form B in such schedule of provisional specification and Specification. the Form C of complete specification shall respectively be used.
(3.) The remaining forms set forth in such schedule may, as far as Other forms. they are applicable, be used in any proceedings under these rules.
(b) Rules 5 and 6 are repealed as from the 14th day of August, 1885. See P. R. 1885, rr. 4 and 7, which substitute other forms for the Forms A, A1, B and C in the Second Schedule hereto.
Hours of business.
Statement of address.
Size, &c. of documents.
Notice of hearing.
Notice by applicant.
7. The Patent Office shall be open to the public every week-day during the hours of ten and four, except on the days and times following:Christmas Day;
Decision to be notified to parties.
The day observed as her Majesty's birthday;
The days observed as days of public fast or thanksgiving, or as holidays at the Bank of England.
8. An application for a patent must be signed by the applicant, but all other communications between the applicant and the comptroller and all attendances by the applicant upon the comptroller may be made by or through an agent duly authorized to the satisfaction of the comptroller, and if he so require resident in the United Kingdom.
11. Before exercising any discretionary power given to the compdiscretionary troller by the said Act adversely to the applicant for a patent or for power by amendment of a specification, the comptroller shall give ten days' comptroller. notice, or such longer notice as he may think fit, to the applicant of the time when he may be heard personally or by his agent before the comptroller.
9. The application shall be accompanied by a statement of an address to which all notices, requisitions, and communications of every kind may be made by the comptroller or by the Board of Trade, and such statement shall thereafter be binding upon the applicant unless and until a substituted statement of address shall be furnished by him to the comptroller. He may in any particular case require that the address mentioned in this rule be in the United Kingdom.
10. All documents and copies of documents sent to or left at the Patent Office or otherwise furnished to the comptroller or to the Board of Trade shall be written or printed in large and legible characters in the English language upon strong wide ruled paper (on one side only), of a size of 13 inches by 8 inches, leaving a margin of two inches on the left-hand part thereof, and the signature of the applicants or agents thereto must be written in a large and legible hand. Duplicate documents shall at any time be left, if required by the comptroller.
12. Within five days from the date when such notice would be delivered in the ordinary course of post, or such longer time as the comptroller may appoint in such notice, the applicant shall notify to the comptroller whether or not he intends to be heard upon the matter. 13. Whether the applicant desires to be heard or not, the comptroller at any time require him to submit a statement in writing within a statement, &c. time to be notified by the comptroller, or to attend before him and
Comptroller may require
make oral explanations with respect to such matters as the comptroller may require.
14. The decision or determination of the comptroller in the exercise of any such discretionary power as aforesaid shall be notified by him to the applicant, and any other person affected thereby.
15. The term "applicant" in Rules 11, 12 and 13 shall include an "applicant." applicant whose specification bears a title the same as or similar to that of the specification of a prior applicant, and has been reported on by the examiner.
16. Such prior and second applicant respectively may attend the second appli- hearing of the question whether the invention comprised in both applications is the same, but neither party shall be at liberty to inspect the specification of the other.
cant may attend hearing.