of entries in

93. If any person makes or causes to be made a false entry Falsification in any register kept under this Act, or a writing falsely pur- registers. porting to be a copy of an entry in any such register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, he shall be guilty of a misdemeanor.

94. Where any discretionary power is by this Act given to Exercise of the comptroller, he shall not exercise that power adversely to discretionary power by the applicant for a patent, or for amendment of a specification, comptroller. or for registration of a trade mark or design, without (if so required within the prescribed time by the applicant) giving the applicant an opportunity of being heard personally or by his agent [p. 130] (0).

take directions

95. The comptroller may, in any case of doubt or difficulty Power of arising in the administration of any of the provisions of this comptroller to Act, apply to either of the law officers for direction in the of law officers. matter.

be evidence.

96. A certificate purporting to be under the hand of the Certificate of comptroller to comptroller as to any entry, matter, or thing which he is authorised by this Act, or any general rules made thereunder, to make or do, shall be primâ facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left un done [p. 320]. 97.-(1) Any application, notice, or other document autho- Applications rised or required to be left, made, or given at the Patent Office, and notices by post. or to the comptroller, or to any other person under this Act, may be sent by a prepaid letter through the post; and if so sent shall be deemed to have been left, made, or given respectively at the time when the letter containing the same would be delivered in the ordinary course of post.

(2) In proving such service or sending, it shall be sufficient Proof. to prove that the letter was properly addressed and put into

the post.

98. Whenever the last day fixed by this Act, or by any rule Provision as for the time being in force, for leaving any document or pay- leaving to days for ing any fee at the Patent Office shall fall on Christmas Day, documents at Good Friday, or on a Saturday or Sunday, or any day observed as a holiday at the Bank of England, or any day observed as a

office.

T.

(0) See P. R., 1890, r. 11.

сс

Declaration by infant, lunatic, &c.

Transmission of certified

printed copies of specifications, &c.

Power for

day of public fast or thanksgiving, herein referred to as excluded days, it shall be lawful to leave such document, or to pay such fee, on the day next following such excluded day, or days if two or more of them occur consecutively [p. 131] (p). 99. If any person is, by reason of infancy, lunacy, or other inability, incapable of making any declaration or doing anything required or permitted by this Act or by any rules made under the authority of this Act, then the guardian or committee (if any) of such incapable person, or if there be none, any person appointed by any Court or judge possessing jurisdiction in respect of the property of incapable persons, upon the petition of any person on behalf of such incapable person, or of any other person interested in the making such declaration or doing such thing, may make such declaration or a declaration as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of such incapable person, and all acts done by such substitute shall for the purposes of this Act be as effectual as if done by the person for whom he is substituted [pp. 10, 127].

100. Copies of all specifications, drawings, and amendments, left at the Patent Office after the commencement of this Act, printed for and sealed with the seal of the Patent Office, shall be transmitted to the Edinburgh museum of science and art, and to the enrolments office of the chancery division in Ireland, and to the Rolls Office in the Isle of Man, within twenty-one days after the same shall respectively have been accepted or allowed at the Patent Office; and certified copies of or extracts from any such documents shall be given to any person requiring the same on payment of the prescribed fee; and any such copy or extract shall be admitted in evidence in all Courts in Scotland and Ireland and in the Isle of Man without further proof or production of the originals.

101.-(1) The Board of Trade may from time to time make board of trade such general rules and do such things as they think expedient, subject to the provisions of this Act [p. 182]:

to make general rules for

classifying goods and regulating business of Patent Office.

(a) For regulating the practice of registration under this Act: (b) For classifying goods for the purposes of designs and trade marks:

(p) See P. R., 1890, r. 7.

(c) For making or requiring duplicates of specifications, amendments, drawings, and other documents :

(d) For securing and regulating the publishing and selling of copies, at such prices and in such manner as the Board of Trade think fit, of specifications, drawings, amendments, and other documents:

(e) For securing and regulating the making, printing, publishing, and selling of indexes to, and abridgments of, specifications and other documents in the Patent Office; and providing for the inspection of indexes and abridgments and other documents :

(f) For regulating (with the approval of the Treasury) the presentation of copies of Patent Office publications to patentees and to public authorities, bodies, and institutions. at home and abroad:

(g) Generally for regulating the business of the Patent Office, and all things by this Act placed under the direction or control of the comptroller, or of the Board of Trade. (2) Any of the forms in the first schedule to this Act may be Alteration altered or amended by rules made by the Board as aforesaid : (3) General rules may be made under this section at any General rules ; time after the passing of this Act, but not so as to take effect before the commencement of this Act, and shall (subject as

hereinafter mentioned) be of the same effect as if they were contained in this Act, and shall be judicially noticed.

of forms.

(4) Any rules made in pursuance of this section shall be laid to be laid before parliabefore both Houses of Parliament, if Parliament be in session ment and at the time of making thereof, or, if not, then as soon as advertised practicable after the beginning of the then next session of Parliament, and they shall also be advertised twice in the official journal to be issued by the comptroller.

(5) If either House of Parliament, within the next forty days after any rules have been so laid before such House, resolve that such rules or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such rules or rule or to the making of any new rules or rule.

102. The comptroller shall, before the first day of June in Annual reports every year, cause a report respecting the execution by or under of comptroller.

him of this Act to be laid before both Houses of Parliament, and therein shall include for the year to which each report relates all general rules made in that year under or for the purposes of this Act, and an account of all fees, salaries, and allowances, and other money received and paid under this Act. 102A.-(1) All things required or authorised under this Board of Trade. Act to be done by, to, or before the Board of Trade, may be Act, 1888, done by, to, or before the president, or a secretary or an assistant secretary of the Board.

Proceedings of

8. 25.

International arrangements

for protection of inventions, designs, and trade marks.

Act, 1885, 8. 6.

Time.

No protection

fication or

registration.

(2) All documents purporting to be orders made by the Board of Trade and to be sealed with the seal of the Board, or to be signed by a secretary or assistant secretary of the Board, or by any person authorised in that behalf by the president of the Board, shall be received in evidence, and shall be deemed to be such orders without further proof, unless the contrary is shown.

(3) A certificate signed by the president of the Board of Trade, that any order made or act done is the order or act of the Board, shall be conclusive evidence of the fact so certified.

International and Colonial Arrangements.

103.-(1) If Her Majesty is pleased to make any arrangement with the government or governments of any foreign state or states for mutual protection of inventions, designs, and trade marks, or any of them, then any person who has applied for protection for any invention, design, or trade mark in any such state shall be entitled to a patent for his invention, or to registration of his design or trade mark (as the case may be) under this Act, in priority to other applicants; and such patent or registration shall have the same date as the [date of protection obtained] date of the application in such foreign state [pp. 24, 68].

Provided that his application is made, in the case of a patent within seven months, and in the case of a design or trade mark within four months, from his applying for protection in the foreign state with which the arrangement is in force.

Provided that nothing in this section contained shall entitle prior to speci- the patentee or proprietor of the design or trade mark to recover damages for infringements happening prior to the date of the actual acceptance of his complete specification, or the actual registration of his design or trade mark in this country, as the case may be.

or use in exhi

patent or trade

(2) The publication in the United Kingdom or the Isle of Publication at Man, during the respective periods aforesaid, of any description bition not to of the invention or the use therein during such periods of the invalidate invention, or the exhibition or use therein during such periods mark. of the design, or the publication there in during such periods of a description or representation of the design, or the use therein during such periods of the trade mark, shall not invalidate the patent which may be granted for the invention, or the registration of the design or trade mark :

section to be

(3) The application for the grant of a patent, or the registra- Application tion of a design, or the registration of a trade mark under this under this section, must be made in the same manner as an ordinary applica- made in same tion under this Act: Provided that, in the case of trade marks, manner as ordinary any trade mark the registration of which has been duly applied application. for in the country of origin may be registered under this Act: (4) The provisions of this section shall apply only in the Application of case of those foreign states with respect to which Her Majesty shall from time to time by order in council declare them to be applicable, and so long only in the case of each state as the order in council shall continue in force with respect to that

state.

this section.

India.

104. (1) Where it is made to appear to Her Majesty that Provision for the legislature of any British possession has made satisfactory colonies and provision for the protection of inventions, designs, and trade marks, patented or registered in this country, it shall be lawful for Her Majesty, from time to time, by order in council, to apply the provisions of the last preceding section, with such variations or additions, if any, as to Her Majesty in council may seem fit, to such British possession.

in council.

(2) An order in council under this Act shall, from a date to Effect of order be mentioned for the purpose in the order, take effect as if its provisions had been contained in this Act; but it shall be lawful for Her Majesty in council to revoke any order in council made under this Act.

Offences.

105.-(1) Any person who represents that any article sold Penalty on by him is a patented article, when no patent has been granted falsely representing articles for the same, or describes any design or trade mark applied to to be patented. any article sold by him as registered which is not so, shall be