Page images
PDF
EPUB

Machines,” that he is the true and first inventor thereof, and that the same is not in use by any other person to the best of his knowledge and belief :

And whereas the said inventor hath humbly prayed that we would be Second recital. graciously pleased to grant unto him (hereinafter together with his executors, administrators, and assigns, or any of them, referred to as the said patentee) our royal letters patent for the sole use and advantage of his said invention :

And whereas the said inventor hath by and in his complete specification Third recital. particularly described the nature of his invention :

And whereas we being willing to encourage all inventions which may Fourth recital. be for the public good, are graciously pleased to condescend to his request :

Know ye, therefore, that we, of our especial grace, certain knowledge, The grant. and mere motion, do by these presents, for us, our heirs and successors, give and grant unto the said patentee our especial licence, full power, sole privilege, and authority, that the said patentee by himself, his agents or licensees, and no others, may at all times hereafter during the term of years herein mentioned, make, use, exercise, and vend the said invention within our united kingdom of Great Britain and Ireland and Isle of Man, in such manner as to him or them may seem meet, and that the said patentee shall have and enjoy the whole profit and advantage from time to time accruing by reason of the said invention, during the term of fourteen years from the date hereunder written of these presents : And to the The prohibiend that the said patentee may have and enjoy the sole use and exercise, tion. and the full benefit of the said invention, we do by these presents, for us, our heirs and successors, strictly command all our subjects whatsoever within our united kingdom of Great Britain and Ireland and the Isle of Man, that they do not at any time during the continuance of the said term of fourteen years, either directly or indirectly make use of or put in practice the said invention, or any part of the same, nor in anywise imitate the same, nor make or cause to be made any addition thereto or subtraction therefrom, whereby to pretend themselves the inventors thereof without the consent, licence, or agreement of the said patentee in writing under his hand and seal, on pain of incurring such penalties as may be justly inflicted on such offenders for their contempt of this our royal command, and of being answerable to the patentee according to law for his damages thereby occasioned : Provided that these our letters patent The conditions are on this condition, that, if at any time during the said term it be made to appear to us, our heirs or successors, or any six or more of our privy council, that this our grant is contrary to law, or prejudicial or inconvenient to our subjects in general, or that the said invention is not a new invention as to the public use and exercise thereof within our united kingdom of Great Britain and Ireland, and Isle of Man, or that the said patentee is not the first and true inventor thereof within this realm as aforesaid, these our letters patent shall forthwith determine, and be void to all intents and purposes, notwithstanding anything herein before contained : Provided also, that if the said patentee shall not pay all fees by law required to be paid in respect of the grant of these letters patent, or in respect of any matter relating thereto at the time or times, and in manner

for the time being by law provided ; and also if the said patentee shall not supply or cause to be supplied, for our service all such articles of the said invention as may be required by the officers or comniissioners administering any department of our service in such manner, at such times, and at and upon such reasonable prices and terms as shall be settled in manner for the time being by law provided, then, and in any of the said cases, these our letters patent, and all privileges and advantages whatever hereby granted shall determine and become void notwithstanding anything herein before contained : Provided also, that nothing herein contained shall prevent the granting of licences in such manner and for

such considerations as they may by law be granted : And lastly, we do by The construc- these presents for us, our heirs and successors, grant unto the said patentee tion.

that these our letters patent shall be construed in the most beneficial
sense for the advantage of the said patentee. In witness whereof we have
caused these our letters to be made patent this 18 and to be
sealed as of the
18.

[Seal of Patent Office.]

Section 113.

THE THIRD SCHEDULE.

Enactments Repealed. 21 James 1, c. 3 (1623). –The Statute of Monopolies. In part ; namely, sections 10, 11 and 12.

5 & 6 Will. 4, c. 62 (1835) [In part). -- The Statutory Declarations Act, 1835. In part ; namely, section 11.

5 & 6 Will. 4, c. 83 (1835). —An act to amend the law touching letters patent for inventions.

2 & 3 Vict. 67 (1839).--An act to amend an act of the fifth and sixth years of the reign of king William the Fourth, intituled “ An Act to amend the law touching letters patent for inventions."

5 & 6 Vict. c. 100 (1842).-An act to consolidate and amend the laws relating to the copyright of designs for ornamenting articles of manufac. ture.

6 & 7 Vict. c. 65 (1843). -An act to amend the laws relating to the copyright of designs.

7 & 8 Vict. c. 69* (1844) [In part). -An act for amending an act passed in the fourth year of the reign of his late majesty, intituled " An act for the better administration of justice in his majesty's privy council, and to extend its jurisdiction and powers." In part ; namely, sections 2 to 5, both included.

13 & 14 Vict, c. 104 (1850). —An act to extend and amend the acts relating to the copyright of designs.

15 & 16 Vict. c. 83 (1852).—The Patent Law Amendment Act, 1852.

16 & 17 Vict. c. 5 (1853).-An act to substitute stamp duties for fees on passing letters patent for inventions, and to provide for the purchase for the public use of certain indexes of specifications.

* Note.—Sects. 6 and 7 of this act are repealed by the Statute Law Revision (No. 2) Act, 1874.

16 & 17 Vict. c. 115 (1853).-An act to amend certain provisions of the Patent Law Amendment Act, 1852, in respect of the transmission of certified copies of letters patent and specifications to certain offices in Edinburgh and Dublin, and otherwise to amend the said act.

21 & 22 Vict. c. 70 (1858). — An act to amend the act of the fifth and sixth years of her present Majesty, to consolidate and amend the laws relating to the copyright of designs for ornamenting articles of manufacture.

22 Vict. c. 13 (1859).-An act to amend the law concerning patents for inventions with respect to inventions for improvements in instruments and munitions of war.

24 & 25 Vict. c. 73 (1861). —An act to amend the law relating to the copyright of designs.

28 & 29 Vict. c. 3 (1865). —The Industrial Exhibitions Act, 1865. 33 & 34 Vict. c. 27 (1870).—The Protection of Inventions Act, 1870.

33 & 34 Vict. c. 97 (1870).—The Stamp Act, 1870. In part ; namely, section 65, and in the schedule the words and figures, “Certificate of the registration of a design . . £5 0 0. And see section 65."

.

38 & 39 Vict. c. 91 (1875). —The Trade Marks Registration Act, 1875. 38 & 39 Vict. c. 93 (1875). —The Copyright of Designs Act, 1875.

39 & 40 Vict. c. 33 (1876). —The Trade Marks Registration Amendment Act, 1876.

40 & 41 Vict. c. 37 (1877). — The Trade Marks Registration Extension Act, 1877.

43 & 44 Vict. c. 10 (1880). — The Great Seal Act, 1880. namely, section 5.

45 & 46 Vict. c. 72 (1882). — The Revenue, Friendly Societies, and National Debt Act, 1882. In part ; namely, section 16.

In part ;

III.-PATENTS, ETC., ACT, 1885.

48 & 49 VICT. C. 63.

sect. 2.

An Act to amend the Patents, Designs, and Trade Marks

Act, 1883. 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:

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).

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. Amendment of

2. Whereas sub-section 2 of section 5 of the principal Act sect. 5, sub

requires a declaration to be made by an applicant for a patent to the 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:

The declaration mentioned in sub-section 2 of section 5 of the principal Act may be either a statutory declaration ander the Statutory Declarations Act, 1835, or not, as may be from

time to time prescribed. Amendment of 3. Whereas under the principal Act, a complete specification sects. 8 and 9.

is required (by section 8) to be left within nine months, and (by section 9) to be accepted within twelve months, from the date of application, and a patent is required by section 12 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 the 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, Abandoned or become void, the specification or specifications and drawings application. (if any) accompanying or left in connection with such application, shall not at any time be open to public inspection or be published by the comptroller.

5. Whereas doubts have arisen whether under the principal Joint patent. 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.

6. In sub-section 1 of section 103 of the principal Act, the Amendment of words “ date of the application ” shall be substituted for the sect. 103, sub

sect. 1. words “date of the protection obtained."

« PreviousContinue »