To be left 58. The petition and an examined copy thereof shall be left at the with evidence patent office, accompanied by the affidavits, or statutory declarations, at patent office. Directions as to further proceedings and other documentary evidence (if any) tendered by the petitioner in proof of the alleged default of the patentee. 59. Upon perusing the petition and evidence, unless the Board of Trade shall be of opinion that the order should be at once refused, they may require the petitioner to attend before the comptroller, or unless petition other person or persons appointed by them, to receive his or their directions as to further proceedings upon the petition. refused. Procedure. Petitioner's evidence. Patentee's evidence. Evidence in reply. Further 60. If and when a primâ facie case for relief has been made out to the satisfaction of the Board of Trade, the petitioner shall, upon their requisition, and on or before a day to be named by them, deliver to the patentee copies of the petition and of the affidavits or statutory declarations and other documentary evidence (if any) tendered in support thereof. 61. Within fourteen days after the day of such delivery the patentee shall leave at the patent office his affidavits or statutory declarations in opposition to the petition, and deliver copies thereof to the peti tioner. 62. The petitioner within fourteen days from such delivery shall leave at the patent office his affidavits, or statutory declarations in reply, and deliver copies thereof to the petitioner; such last-mentioned affidavits or declarations shall be confined to matters strictly in reply. 63. Subject to any further directions which the Board of Trade may proceedings. give the parties shall then be heard at such time, before such person or persons, in such manner, and in accordance with such procedure as the Board of Trade may, in the circumstances of the case, direct, but so that full opportunity shall be given to the patentee to show cause against the petition. Entry of grant. Request for entry of subsequent proprietorship. Signature of request. Particulars to be stated in request. REGISTER OF PATENTS (i). 64. Upon the sealing of a patent the comptroller shall cause to be entered in the register of patents the name, address, and description of the patentee as the grantee thereof, and the title of the invention. 65. Where a person becomes entitled to a patent or to any share or interest therein, by assignment, either throughout the United Kingdom and the Isle of Man, or for any place or places therein, or by transmission or other operation of law, a request for the entry of his name in the register as such complete or partial proprietor of the patent, or of such share or interest therein, as the case may be, shall be addressed to the comptroller, and left at the patent office. 66. Such request shall in the case of individuals be made and signed by the person requiring to be registered as proprietor, or by his agent duly authorized to the satisfaction of the comptroller, and in the case of a body corporate by their agent, authorized in like manner. 67. Every such request shall state the name, address, and description of the person claiming to be entitled to the patent, or to any (i) The sections of the principal act referring to registration are sects. 23, 85, 87 to 90, and 93. share or interest therein, as the case may be (hereinafter called the claimant), and the particulars of the assignment, transmission, or other operation of law, by virtue of which he requires to be entered in the register as proprietor, so as to show the manner in which, and the person or persons to whom, the patent, or such share or interest therein as aforesaid, has been assigned or transmitted. 68. Every assignment and every other document containing, giving Production of effect to, or being evidence of, the transmission of a patent or affecting documents of the proprietorship thereof as claimed by such request, except such title and other proof. documents as are matters of record, shall be produced to the comptroller, together with the request above prescribed, and such other proof of title as he may require for his satisfaction. As to a document which is a matter of record, an official or certified copy thereof shall in like manner be produced to the comptroller. 69. There shall also be left with the request an examined copy of Copies for the assignment or other document above required to be produced. As to a document which is a matter of record, an official or certified copy shall be left with the request in lieu of an examined copy. patent office. 70. A body corporate may be registered as proprietor by its cor- Body corpoporate name. rate. or of the 71. Where an order has been made by her Majesty in Council for Entry of the extension of a patent for a further term or for the grant of a new orders of the patent, or where an order has been made by the court for the revoca- Privy Council tion of a patent or the rectification of the register under section 90 of court. the said Act or otherwise affecting the validity or proprietorship of the patent, the person in whose favour such order has been made shall forthwith leave at the patent office an office copy of such order. The register shall thereupon be rectified or the purport of such order shall otherwise be duly entered in the register, as the case may be. on issue of 72. Upon the issue of a certificate of payment under Rule 45, the Entry of paycomptroller shall cause to be entered in the Register of Patents a ment of fees record of the amount and date of payment of the fee on such certificate. 73. If a patentee fails to make any prescribed payment within the prescribed time or any enlargement thereof duly granted, such failure failure to pay shall be duly entered in the register. certificate. Entry of fees. 74. An examined copy of every licence granted under a patent shall Entry of be left at the patent office by the licensee, with a request that a noti- licences. fication thereof may be entered in the register. The licensee shall to be certified as the comptroller may direct, and the original licence shall at the same time be produced and left at the patent office if required for further verification. cause the of such accuracy copy 75. The register of patents shall be open to the inspection of the Hours of inpublic on every week day between the hours of ten and four, except spection of on the days and at the times following: (a.) Christmas Day, Good Friday, the day observed as Her Majesty's birthday, days observed as days of public fast or thanksgiving, and days observed as holidays at the Bank of England; or (b.) Days which may from time to time be notified by a placard posted in a conspicuous place at the patent office; (c.) Times when the register is required for any purpose of official use. register. 76. Certified copies of any entry in the register, or certified copies Certified copies of documents. Repeal. of, or extracts from, patents, specifications, disclaimers, affidavits, statutory declarations, and other public documents in the patent office, or of or from registers and other books kept there, may be furnished by the comptroller on payment of the prescribed fee. POWER TO DISPENSE WITH EVIDENCE, &c. 77. Where, under these rules, any person is required to do any act or thing, or to sign any document, or to make any declaration on behalf of himself or of any body corporate, or any document or evidence is required to be produced to or left with the comptroller, or at the patent office, and it is shown to the satisfaction of the comptroller that from any reasonable cause such person is unable to do such act or thing, or to sign such document, or make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the comptroller, with the sanction of the Board of Trade, and upon the production of such other evidence, and subject to such terms as they may think fit, to dispense with any such act or thing, document, declaration, or evidence. REPEAL. 78. All general rules made by the Lord Chancellor, or by any other authority, under the Patent Law Amendment Acts, and in force on the 31st day of December 1883, shall be and they are hereby repealed as from that date, without prejudice, nevertheless, to any application then pending. Dated the 21st day of December 1883. LIST OF FEES PAYABLE ON AND IN CONNECTION WITH LETTERS 3. On filing complete specification with first application.. 7. On application to amend specification : 8. Up to sealing. By applicant After sealing. By patentee 9. On notice of opposition to amendment. By opponent.. opponent respectively.. 11. On application to amend specification during action or (j) These fees are to be in addition to those prescribed in the Second Schedule to the Act of 1883 (p. 329, ante). See r. 4 of the P. R. 1883, p. 335, ante. Further, see P. R. 1885, First Schedule, post, p. 357. 12. On application to the Board of Trade for a compulsory £ s. d. licence. By person applying. ...... 13. On opposition to grant of compulsory licence. By patentee.. 14. On certificate of renewal: 15. 5 0 0 5 0 0 Before end of 4 years from date of patent........ 50 0 0 or in lieu of the fees of 50l. and 1007., the following annual fees: 16. Before the expiration of the 4th year from the date of 100 0 0 On enlargement of time for payment of renewal fees:26. Not exceeding 1 month .... 29. For every entry of an assignment, transmission, agreement, licence, or extension of patent.... 30. For duplicate of letters patent.... ... .each 31. On notice to comptroller of intended exhibition of a patent under section 39 32. Search or inspection fee 33. For office copies... .... ...each ....every 100 words (but never less than one shilling) 34. For office copies of drawings, cost according to agree ment. 35. For certifying office copies, MSS. or printed......each J. CHAMBERLAIN, President of the Board of Trade. (k). (Signed) (k) For fees, Nos. 39 and 40, as to enlargement of time, see post, p. 357, in First Schedule to P. R. 1885. |