notice (hereinafter called the opponent) intends to oppose the amendment, and must be signed by him. Such notice shall state his address for service in the United Kingdom, and shall be accompanied by an unstamped copy [p. 158]. 54. On receipt of such notice the copy thereof shall be Copy for the applicant. transmitted by the comptroller to the applicant [p. 158]. evidence. 55. Within fourteen days after the expiration of one month Opponent's from the first advertisement of the application for leave to amend, the opponent may leave at the Patent Office statutory declarations in support of his opposition, and on so leaving shall deliver to the applicant a list thereof [p. 159]. 56. Upon such declarations being left, and such list being Further prodelivered, the provisions of Rules 38, 39, 40, 41, and 44 shall ceedings. apply to the case, and the further proceedings therein shall be regulated in accordance with such provisions as if they were here repeated [p. 159]. thereon. 57. Where leave to amend is given the applicant shall, if Requirements the comptroller so require, and within a time to be limited by him, leave at the Patent Office a new specification and drawings as amended, to be prepared in accordance with Rules 10, 30, and 31. of Court. 58. Where a request for leave to amend is made by or in Leave by order pursuance of an order of the Court or a judge, an official or verified copy of the order shall be left with the request at the Patent Office. of amendment. 59. Every amendment of a specification shall be forthwith Advertisement advertised by the comptroller in the official journal of the Patent Office, and in such other manner (if any) as the comptroller may direct [p. 174]. COMPULSORY LICENSES [p. 181]. grant of 60. A petition to the Board of Trade for an order upon a Petition for patentee to grant a license shall show clearly the nature of the compulsory petitioner's interest, and the ground or grounds upon which licenses. he claims to be entitled to relief, and shall state in detail the circumstances of the case, the terms upon which he asks that an order may be made, and the purport of such order. evidence at 61. The petition and an examined copy thereof shall be To be left with left at the Patent Office, accompanied by the affidavits, or Patent Office. statutory declarations, and other documentary evidence (if Directions as ceedings unless petition refused. any) tendered by the petitioner in proof of the alleged default of the patentee. 62. Upon perusing the petition and evidence, unless the to further pro- 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 other person or persons appointed by them, to receive his or their directions as to further proceedings upon the petition. Procedure. Petitioner's evidence. Patentee's evidence. Evidence in reply. Further proceedings. Entry of grant. Request for entry of subsequent proprietorship. 63. 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. 64. 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 petitioner. 65. 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 patentee; such last-mentioned affidavits or declarations shall be confined to matters strictly in reply. 66. Subject to any further directions which the Board of Trade may 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. REGISTER OF PATENTS [pp. 185, 186]. 67. 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. 68. 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. 69. Such request shall in the case of individuals be made Signature of and signed by the person requiring to be registered as pro- request. prietor, or by his agent duly authorised to the satisfaction of the comptroller, and in the case of a body corporate by their agent, authorised in like manner. request. 70. Every such request shall state the name, address, and Particulars to description of the person claiming to be entitled to the be stated in patent, or to any 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. documents of 71. Every assignment and every other document containing, Production of giving effect to, or being evidence of, the transmission of a title and other patent or affecting the proprietorship thereof as claimed by proof. such request, except such 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. Patent Office. 72. There shall also be left with the request an attested Copies for copy of 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 attested copy. 73. A body corporate may be registered as proprietor by its Body corporate name [p. 8]. corporate. 74. Where an order has been made by her Majesty in Entry of orders of the Council for the extension of a patent for a further term or Privy Council for the grant of a new patent, or where an order has been or of the Court. made by the Court for the revocation of a patent or the recti Entry of pay. ment of fees on issue of certificate. Entry of fication of the register under section 90 of the Act of 1883, 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 [p. 213]. 75. Upon the issue of a certificate of payment under Rule 48, the comptroller shall cause to be entered in the Register of Patents a record of the amount and date of payment of the fee on such certificate. 76. If a patentee fails to make any prescribed payment failure to pay within the prescribed time or any enlargement thereof duly granted, such failure shall be duly entered in the register. fees. Entry of licenses. Hours of inspection of register. 77. An attested copy of every license granted under a patent shall be left at the Patent Office by the licensee, with a request that a notification thereof may be entered in the register. The licensee shall cause the accuracy of such copy to be certified as the comptroller may direct, and the original license shall at the same time be produced and left at the Patent Office if required for further verification. 78. The register of patents shall be open to the inspection of the public on every week day between the hours of ten and four, except on the days and 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. Certified copies 79. Certified copies of any entry in the register, or certified of documents. copies 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. 80. 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. 81. All general rules heretofore made by the Board of Trade Repeal. under the Patents, Designs and Trade Marks Act, 1883 to 1888, and in force on the 31st day of March, 1890, shall be and they are hereby repealed as from that date, without prejudice, nevertheless, to anything done under such rules, or to any application then pending. Dated the 31st day of March, 1890. M. E. HICKS-BEACH, |