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II.-PATENTS, DESIGNS AND TRADE MARKS
ACTS, 1883–88, CONSOLIDATED. Being
46 & 47 Vict. c. 57.-An Act to amend and consolidate the Law relating to Patents for Inventions, Registration of Designs, and of Trade Marks.
48 & 49 Vict. c. 63.–An Act to amend the Patents, Designs, and Trade Marks Act, 1883.
49 & 50 Vict. c. 37.-An Act to remove certain doubts respecting the construction of the Patents, Designs, and Trade Marks Act, 1883, 80 far as respects the drawings by which specifications are required to be accompanied, and as respects exhibitions.
51 & 52 Vict. c. 50.-An Act to amend the Patents, Designs, and Trade Marks Act, 1883.
NOTE.—The general text of the Act of 1883 is adhered to. The repealed parts are printed in italics, and the additions in heavier type. The amending Act and section are quoted in the margin.
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 the present Parliament assembled, and by the authority of the same, as follows :
PART 1.-PRELIMINARY. 1. This Act may be cited as the Patents, Designs, and Trade Short title. Marks Act, 1883. 2. This Act is divided into parts, as follows :
Division of Act
PART V.-General. 3. This Act, except where it is otherwise expressed, shall commence
ment of Act.
commence from and immediately after the 31st day of December, 1883.
Application for and Grant of Patent. Persons en- 4.—(1) Any person, whether a British subject or not, may titled to apply make an application for a patent [p. 8]. for patent.
. Joint applica- (2) Two or more persons may make a joint application for tion.
a patent, and a patent may be granted to them jointly (p. 9]. Act, 1885, s.5. Whereas doubts have arisen whether under the principal
Act a patent may lawfully be granted to several persons jointly, some or one of whom only are or is the true and first inventors or inventor ; be it therefore enacted and declared that it has been and is lawful under the principal
Act to grant such a patent [p. 9]. Application 5.-(1) An application for a patent must be made in the and specifica- form set forth in the first schedule to this Act, or in such other tion.
form as may be from time to time prescribed ; and must be left at, or sent by post to, the Patent Office in the prescribed
manner (a). Declaration.
(2) An application must contain a declaration to the effect that the applicant is in possession of an invention, whereof he, or in the case of a joint application, one or more of the applicants, claims or claim to be the true and first inventor or inventors, and for which he or they desires or desire to obtain a patent; and must be accompanied by either a provisional or
complete specification. Act, 1885, 8. 2. The declaration may be either a statutory declaration
under the Statutory Declarations Act, 1835, or not, as may
be from time to time prescribed (6). Provisional
(3) A provisional specification must describe the nature of specification. the invention, and be accompanied by drawings, if required ). Complete (4) A complete specification, whether left on application or specification.
subsequently, must particularly describe and ascertain the
(a) See Chapter VIII. ; as to documents accompanying an application, see P. R. 1890, rr. 8-10;
to application under international arrangements, see P. R. 1890, rr. 24—29; and generally P. R. 1890, rr. 18—23.
(b) See pp. 9, 127; as to statutory declarations, see P. R., 1890, rr. 17, 17A.
(c) pp. 83–90; as to drawings, see p. 124, and P. R., 1890, rr. 30 -33.
nature of the invention, and in what manner it is to be performed, and must be accompanied by drawings, if required (pp. 90, 124]. The requirement of this sub-section as to drawings shall The same
drawings may not be deemed to be insufficiently complied with by reason
accompany only that instead of being accompanied by drawings the both specifica
tions. complete specification refers to the drawings which ac
Act, 1886, s. 2. companied 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 (d).
(5) A specification, whether provisional or complete, must commence with the title, and in the case of a complete specification must end with a distinct statement of the invention claimed (pp. 78, 116].
6. The comptroller shall refer every application to an Reference of examiner, who shall ascertain and report to the comptroller application
to examiner. whether the nature of the invention has been fairly described, and the application, specification, and drawings (if any) have been prepared in the prescribed manner, and the title sufficiently indicates the subject matter of the invention (p. 128].
[7. (1) If the examiner reports that the nature of the inven- Power for tion is not fairly described, or that the application, specification, comptroller or drawings has not or have not been prepared in the prescribed application manner, or that the title does not sufficiently indicate the subject or require
amendment. matter of the invention, the comptroller may require that the Repealed application, specification, or drawings be amended before he pro- Act, 1888, s. 2. ceeds with the application.
(2) Where the comptroller requires an amendment, the applicant may appeal from his decision to the law officer.
(3) The law officer shall, if required, hear the applicant and the comptroller, and may make an order determining whether and subject to what conditions, if any, the application shall be accepted.
(4) The comptroller shall, when an application has been accepted, give notice thereof to the applicant.
(5) If after an application has been made, but before a patent has been sealed, an application is made, accompanied by a specification bearing the same or a similar title, it shall be the duty of
(d) See P. R., 1890, r. 33.
the examiner to report to the comptroller whether the specification appears to him to comprise the same invention ; and, if he reports in the affirmative, the comptroller shall give notice to the applicants that he has so reported.
(6) Where the examiner reports in the affirmative, the comptroller may determine, subject to an appeal to the law officer, whether the invention comprised in both applications is the same, and if so he may refuse to seal a patent on the application of the
second applicant.] Power of 7.-(1) If the examiner reports that the nature of the comptroller to refuse
invention is not fairly described, or that the application, application specification, or drawings has not, or have not been prepared or require amendment.
in the prescribed manner, or that the title does not suffi. Act, 1888, s. 2. ciently indicate the subject matter of the invention, the
comptroller may refuse to accept the application, or require that the application, specification or drawings be amended before he proceeds with the application ; and in the latter case the application shall, if the comptroller so directs, bear date as from the time when the requirement is complied with [pp. 129, 152].
(2) When the comptroller refuses to accept an application or requires an amendment, the applicant may appeal from his decision to the law officer (e).
(3) The law officer shall, if required, hear the applicant and comptroller, and may make an order determining whether, and subject to what conditions (if any), the appli. cation shall be accepted.
(4) The comptroller shall, when an application has been accepted, give notice thereof to the applicant.
(5) If, after an application for a patent has been made, but before the patent thereon has been sealed, another application for a patent is made, accompanied by a specification bearing the same or a similar title, the comptroller, if he thinks fit, on the request of the second applicant, or of his legal representative, may, within two months of the grant of a patent on the first application, either decline to proceed with the second application or allow the surrender of the patent, if any, granted thereon.
(e) See Law Officers' Rules.
8.-(1) If the applicant does not leave a complete specifi- Time for leavcation with his application, he may leave it at any subsequent specification.
ing complete time within nine months from the date of application (p. 131].
A complete specification may be left within such extended Act, 1885, s. 3. time, not exceeding one month after the said nine months, as the comptroller may on payment of the prescribed fee allow (f).
(2) Unless a complete specification is left within that time when specifithe application shall be deemed to be abandoned.
abandoned. 9.-(1) Where a complete specification is left after a pro- Comparison of visional specification, the comptroller shall refer both specifica- provisional tions to an examiner for the purpose of ascertaining whether and complete the complete specification has been prepared in the prescribed manner, and whether the invention particularly described in the complete specification is substantially the same as that which is described in the provisional specification (p. 131].
(2) If the examiner reports that the conditions herein- Power of before contained have not been complied with, the comptroller refuse until
comptroller to may refuse to accept the complete specification unless and until amended. the same shall have been amended to his satisfaction ; but any such refusal shall be subject to appeal to the law officer. (3) The law officer shall, if required, hear the applicant and Power of
law officer. the comptroller, and may make an order determining whether and subject to what conditions, if any, the complete specification shall be accepted. (4) Unless a complete specification is accepted within twelve When specifi
cation void. months from the date of application, then (save in the case of an appeal having been lodged against the refusal to accept) the application shall, at the expiration of those twelve months, become void.
A complete specification may be accepted within such Act, 1885, s. 3. extended time, not exceeding three months after the said twelve months, as the comptroller may on payment of the prescribed fee allow. (5) Reports of examiners shall not in any case be published Reports of
examiners or be open to public inspection, and shall not be liable to
to be private. production or inspection in any legal proceeding (other than Act, 1888, s. 3. an appeal to the law officer under this Act], unless the court or officer having power to order discovery in such legal proceeding
(f) See P. R., 1890, rr. 49-51.