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PRIVY COUNCIL RULES.
RULES to be observed in Proceedings before the Judicial Committee of the
Privy Council under the Act of the 5 g 6 Will. 4, intituled " An Act to amend the Law touching Letters Patent for Inventions." (Cap. 83 (a).)
RULE I(6). A PARTY intending to apply by petition under sect. 2 of the said Act, shall give public notice by advertising in the "London Gazette" three times, and in three London papers, and three times in some country paper published in the town where or near to which he carries on any manufacture of anything made according to his specification, or near to or in which he resides, in case he carries on no such manufacture, or published in the county where he carries on such manufacture, or where he lives, in case there shall not
be any paper published in such town, that he intends to petition his Majesty under the said section, and shall in such advertisements state the object of such petition, and give notice of the day he intends to apply for a time to be fixed for hearing the matter of his petition (which day shall not be less than four weeks from the date of the publication of the last of the advertisements to be inserted in the “ London Gazetto”), and that on or before such day notice must be given of any opposition intended to be made to the petition; and any person intending to oppose the said application shall lodge notice to that effect at the Council Office, on or before such day so named in the said advertisements, and having lodged such notice shall be entitled to have from the petitioner four weeks' notice of the time appointed for the hearing.
RULE II. A party intending to apply by petition under sect. 4 of the said Act, shall, in the advertisements directed to be published by the said section, give notice of the day on which he intends to apply for a time to be fixed for hearing the matter of his petition (which day shall not be less than four weeks from the date of the publication of the last of the advertisements to be inserted in the "London Gazette "), and that on or before such day caveats must be entered ; and any person intending to enter a caveat shall enter the same at the Council Office, on or before such day so named in the said advertisements, and having entered
(a) These rules, except Rule I. (see next note), are still in force, as no rules have been made under sect. 25, sub-s. 6, of the Patents, &c. Act, 1883 (ante, p. 314). The Act of 5 & 6 Will. 4, c. 83, is repealed by the Act of 1883 (see Third Schedule, p. 330, ante).
(6) This rule related only to sect. 2 of the Act of Will. 4, as to proceedings for confirmation of letters patent. The new Acts do not provide for confirmation.
such caveat, shall be entitled to have from the petitioner four weeks' notice of the time appointed for the hearing.
NOTE.—This rule refers to proceedings for the prolongation or extension of letters patent. See sect. 25 of the Act of 1883 (p. 314, ante), as to the extension of the term in letters patent, which now takes the place of sect. 4 of the Act of Will. 4.
RULE III. Petitions under sects. 2 and 4 of the said Act must be presented within one week from the insertion of the last of the advertisements required to be published in the "London Gazette."
NOTE.—See previous notes as to sections 2 and 4 of the Act of Will. 4.
RULE IV. All petitions must be accompanied with affidavits of advertisements having been inserted according to the provisions of sect. 4 of the said Act (c), and the 1st and 2nd of these Rules, and the matters in such affidavits may be disputed by the parties opposing upon the hearing of the petitions.
RULE V. All persons entering caveats under sect. 4 (d) of the said Act, and all parties to any former suit or action touching letters patent in respect of which petitions shall have been presented under sect. 2 (e) of the said Act, and all persons lodging notices of opposition under the 1st of these Rules, shall respectively be entitled to be served with copies of petitions presented under the said sections, and no application to fix a time for hearing shall be made without affidavit of such service.
RULE VI. All parties served with petitions shall lodge at the Council Office within a fortnight after such service, notice of the grounds of their objections to the granting of the prayers of such petitions.
RULE VII. Parties may have copies of all papers lodged in respect of any application under the said Act at their own expense.
RULE VIII. The Registrar of the Privy Council, or other officer to whom it may be referred to tax the costs incurred in the matter of any petition presented under the said Act (s) shall allow or disallow in his discretion all payments made to persons of science or skill examined as witnesses to matters of opinion chiefly.
(c) For that section, now read sect. 25 of the Act of 1883, ante, p. 314.
(d) Sect. 25 of the Act of 1883 (p. 314, ante) must be here read for sect. 4 of the Act of Will. 4.
(e) See previous notes as to this section. (f) Or now, under the Act of 1883.
RULE IX. A party applying for an extension of a patent under sect. 4 of the said Act (g) must lodge at the Council Office six printed copies of the specification, and also four copies of the balance-sheet of expenditure and receipts relating to the patent in question, which accounts are to be proved on oath before the lords of the committee at the hearing. In the event of the applicant's specification not having been printed, and if the expense of making six copies of any drawing therein contained or referred to would be considerable, the lodging of two copies only of such specification and drawing will be deemed sufficient.
All copies mentioned in this rule must be lodged not less than one week before the day fixed for hearing the application.
The Judicial Committee will hear the Attorney-General or other counsel on behalf of the Crown, against granting any application made under either the 2nd or 4th section of the said Act, in case it shall be thought fit to oppose the same on such behalf.
(g) See previous notes as to this section.
INTERNATIONAL CONVENTION (a).
ARTICLE I. THE governments of Belgium, Brazil, Spain, France, Guatemala, Italy, Holland, Portugal, Salvador, Servia and Switzerland, constitute themselves into an Union for the protection of industrial property (6).
ARTICLE II. The subjects or citizens of each of the contracting states shall in all other states of the Union as regards patents . ... enjoy the advantages that their respective laws now grant, or shall hereafter grant, to their own subjects or citizens.
Consequently they shall have the same protection as the latter, and the same legal recourse on any infringement of their rights, provided they observe the formalities and conditions imposed on subjects or citizens by the internal legislation of each state.
ARTICLE III. Subjects or citizens of states not forming part of the Union, who are domiciled or have industrial or commercial establishments on the territory of any of the states of the Union, shall be assimilated to the subjects or citizens of the contracting states.
ARTICLE IV. Any person who has duly registered an application for a patent in one of the contracting states, shall enjoy as regards registration in the other states, and reserving the rights of third parties, a right of priority during the periods hereinafter stated.
Consequently subsequent registration in any of the other states of the Union before expiry of these periods, shall not be invalidated through any acts accomplished in the interval either, for instance, by registration, by publication of the invention, or the working of it by a third party ..
The above-mentioned terms of priority shall be six months for patents .... A month longer is allowed for countries beyond soa.
ARTICLE V. The introduction by the patentee into the country where the patent has been granted of objects manufactured in any of the states of the Union, shall not entail forfeiture.
(a) Reference is made to this at p. 36, ante.
10 To these are now to be added Great Britain, Norway, Sweden, San Domingo, Tunis, and the colony of Queensland. See Article XVI., post, as to the adhesion to the Union of States not parties to the Convention. Salvador has since withdrawn. Ecuador joined and afterwards withdrew.
Nevertheless the patentee shall remain bound to work his patent in conformity with the laws of the country into which he introduces the patented objects.
ARTICLE XI. The high contracting parties agree to grant temporary protection to patentable inventions ... for articles appearing at official or officially recognized international exhibitions.
ARTICLE XII. Each of the high contracting parties agrees to establish a special government department for industrial property and a central office for communication to the public of patents ....(c).
This office, the expense of which shall be defrayed by the Governments of all the contracting states, shall be placed under the high authority of the Central Administration of the Swiss Confederation, and shall work under its supervision. Its functions shall be determined by agreement between the states of the Union (d).
ARTICLE XIV. The present Convention shall be submitted to periodical revisions with a view to introducing improvements calculated to perfect the system of the Union.
To this end conferences shall be successively held in each of the contracting states by delegates of the said states.
ARTICLE XV. It is agreed that the high contracting parties respectively reserve to themselves the right to make separately as between themselves special arrangements for the protection of industrial property, in so far as such arrangements do not contraveno the provisions of the present Convention.
ARTICLE XVI. States which have not taken part in the present Convention shall be permitted to adhere to it at their request.
This adhesion shall be notified diplomatically to the Government of the Swiss Confederation, and by the latter to all the others. It shall imply, de jure, accession to all the clauses and admission to all the advantages stipulated by the present Convention.
(c) See next note.
on The International Office is at Berne, Switzerland, from which issues the monthly periodical, “La Propriété Universelle." The yearly subscription, includ. ing postage, for all countries within the
Postal Union is 5 francs 60 centimes, and should be forwarded to MM. Jent and Reinert, Imprimeurs, Berne.