Page images
PDF
EPUB

III.-FORMS IN A PETITION FOR REVOCATION.

31. PETITION FOR REVOCATION.

In the High Court of Justice.

Chancery [or Queen's Bench] Division.

In the matter of letters patent granted to

and numbered

[ocr errors]
[ocr errors]
[blocks in formation]

and in the matter of the Patents,

Designs, and Trade Marks Act, 1883, sect. 26.

To Her Majesty's High Court of Justice.

The humble petition of Sir

Her Majesty's Attorney

General in England (or Ireland, or Lord Advocate in Scotland)

(or other person authorised to petition by sect. 26, sub-sect. 4, of the Patents, &c., Act, 1883) (a).

SHEWETH as follows :

1. Your petitioner is duly authorised by Her Majesty's Authority. Attorney-General in England (or Ireland, or Lord Advocate in

Scotland) (b).

to

1. Letters patent, dated the

[ocr errors]
[ocr errors][merged small]

for [title of invention]. The said letters patent were sealed on the

2. On the said [date of letters patent], the said [name of Not first grantee] was not the true and first inventor of the said invention.

inventor.

3. The said letters patent were obtained by the said [name Obtained in of grantee], in fraud of the rights of your petitioner, who was fraud of petitioner. the true and first inventor of such invention, [or, in fraud of the rights of J. S., who was the true and first inventor of the said invention. The said J. S. died on the

day of

, intestate, and letters of administration of his estate were granted to your petitioner out of the Probate Divi

sion of this Honourable Court, on the day of ].

4. The said invention was not at the time of the date of the Invention not said letters patent a new invention as to the public use and new.

(a) If the petition be presented by any person under sect. 26, subsect. (c), (d), or (e), the name and address, and description of the petitioner, must appear.

(b) This clause must be inserted where the petition is presented under sect. 26, sub-sect. 4 (b): Glazbrook v. Gillatt, 9 Beav. 492.

Had been used by petitioner.

Not subject

matter for patent.

exercise thereof within this realm, for the reasons set forth in the particulars of objections herewith (c).

5. Your petitioner [or per son under or through whom he claims an interest in any trade, business, or manufacture] had prior to the date of the said letters patent publicly manufactured, used, or sold within this realm the alleged invention (or a part of the alleged invention, to wit, such part as relates to, &c., &c.), in respect of which such letters patent were granted as aforesaid.

6. The said alleged invention was not any manner of new manufacture, the subject of letters patent and grant of privilege within sect. 6 of the Statute of Monopolies.

Your petitioner humbly prays that the said letters patent may be revoked, or that such other order may be made in the premises as to this honourable Court shall seem meet.

And your petitioner will ever pray.

It is intended to serve this petition on (d)

Other forms relevant to a Petition for Revocation will be found among the Forms in an Action for Infringement.

Previous

proceedings.

IV. FORMS USED IN OBTAINING THE FIAT OF
THE ATTORNEY-GENERAL.

32. THE MEMORIAL OF THE PETITIONER (e).

In the matter of the Patents Acts, 1883-88,

and

In the matter of letters patent granted to A. B., for an

[merged small][merged small][merged small][merged small][ocr errors]

1. By judgment delivered 17th March, 1893, in an action in Her Majesty's High Court of Justice, Queen's Bench (or

(c) Any objection which can impeach the validity of a patent is a ground for revocation, and should be set forth in the petition. See p. 267 et seq.

(d) Here insert the names and addresses of all persons who, either as original grantees or by assignment, are registered under sect. 23 of the Patent, &c., Act, 1883, as interested in the patent.

A copy of the petition must be

served personally, unless an order has been obtained for substituted service. The original must be shown if demanded. An order may be obtained for service out of the jurisdiction; see Daniell's Chancery Practice.

(e) The memorial must be drawn upon Judicature paper; see practice on obtaining fiat of A.-G.. p. 269,

ante,

Chancery) Division, in which the said A. B. was plaintiff and your memorialist was defendant, the claim in the said action being to restrain infringement of the said letters patent and for damages. The Right Hon. Lord Justice Kay held that the said letters patent were void, for that the specification disclosed no subject matter for letters patent, and for that the invention in the specification relating thereto described and claimed had been anticipated by one Louis Edward Atkins between October 9th and November 25th, 1882. And also by a specification filed by your memorialist in the Patent Office, No. of 18 , and judgment was given in the said action for the defendant with costs. And upon appeal of the plaintiff from the said judgment to the Court of Appeal, the appeal was dismissed with costs without calling upon the counsel appearing for the respondent (your memorialist).

2. A large number of the manufacturers of drop down small Licensees. arms in the United Kingdom are licensees of the said letters patent, and are therefore estopped from denying the validity of the said letters patent.

3. Your memorialist is the grantee of letters patent, No.

[ocr errors]

Grantee of

of 18 for an invention entitled "Improvements in Breech- Letters Patent. loading Fire arms," the infringement alleged in the hereinbefore-mentioned action (which was admitted) consisted in manufacturing ejecting mechanism for guns in accordance with the specification to the said letters patent of 18 and it is impossible to use your memorialist's said invention of 18 without infringing the said letters patent of A. B., assuming the said letters patent to be valid.

[ocr errors]

trade.

4. Your memorialist is seriously hampered in his trade by Hampered in reason that no persons who are estopped as aforesaid from denying the validity of the said letters patent of A. B. can purchase from your memorialist gun actions and mechanism. made in pursuance of his said letters patent of 18

5. The following documents are sent herewith :The specification of A. B. No.

[ocr errors]

of 18

[merged small][merged small][ocr errors][merged small][merged small]

Copy writ, pleadings, and objections in the action.

Copy judgment of Lord Justice Kay, 17th March, 1893. of the Court of Appeal, 1st August, 1893.

[ocr errors]
[ocr errors]

T.

K K

Documents.

Application.

6. Your memorialist humbly requests you will authorise him to petition the Court for revocation of the said letters patent of A. B. No.

of 18

[ocr errors]

33.-DECLARATION OF APPLICANT VERIFYING STATEMENTS IN HIS MEMORIAL TO HER MAJESTY'S ATTORNEY-GENERAL (ƒ). In the matter of the Patents, Designs, and Trade-Marks Acts, 1883-1888,

and

In the matter of letters patent granted to for an invention

[merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][ocr errors][merged small]

That the several statements contained in the paper writing now produced and shown to me and marked A, purporting to be a memorial addressed by myself to Her Majesty's AttorneyGeneral of England (or Ireland, or Lord Advocate of Scotland) are true as therein set forth.

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1885.

[merged small][merged small][merged small][merged small][ocr errors][merged small]

That the questions proposed to be raised by the petition and particulars of objections upon which revocation of the said letters patent is sought, are not and cannot be raised in any legal proceedings now pending in the United Kingdom.

(f) On Judicature paper.

(g) On foolscap.

35.-CERTIFICATE OF SOLICITOR (h).

In the matter of the Patents, Designs, and Trade-Marks Acts,

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]

I,

of

[ocr errors]
[ocr errors]

solicitor for the above-named petitioner, do hereby certify that the said petitioner is a fit and proper person to be a petitioner in this matter, and that he is competent to answer the costs of all proceedings in connection with the said petition.

V.-FORMS IN PETITION FOR EXTENSION OF TERM OF PATENT.

36.-ADVERTISEMENT OF INTENTION TO PRESENT PETITION.

In the Privy Council.

[ocr errors]

day of

of

and

[ocr errors]

to

In the matter of letters patent granted to bearing date the day of 18 and numbered Notice is hereby given that it is the intention of present a petition to Her Majesty in Council praying that the term of the said letters patent may be extended. And notice is hereby further given that on the next, or on such subsequent day as the Judicial Committee of Her Majesty's Privy Council shall appoint for that purpose, application will be made to the said committee that a day may be fixed for hearing the matter of the said petition, and any person or persons desirous of being heard in opposition to the said petition must enter a caveat to that effect in the Privy Council on or before the said

[merged small][merged small][ocr errors]

day of 18

[ocr errors]

next.

Solicitor for the petitioner.

(h) On foolscap.

« PreviousContinue »