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SPECIFICATION-continued.

does not constitute common knowledge, 301.
amendment of. See Amendment.

STAMP DUTY,

statutory declaration accompanying application exempt
from, 127.

STATEMENT of address for service,

must accompany application, 424.

must accompany notice of opposition, 158.

STATEMENT of claim, 285.

form of, 476.

of defence, 292.

that plaintiff was not true inventor, 293.
judgment moved for upon admissions in, 293.

STATUTE OF MONOPOLIES,

origin of, 3.

declaratory of the common law, 3.

definition of "invention " in, preserved by Act of 1883...4.
same essentials required to-day for a grant of letters patent
as at date of, 5.

text of, 341.

STATUTES,

consolidation of, 345.

STATUTORY DECLARATION. See Declaration.

SUBJECT MATTER. See also Combination; Communication; Im-
provement; Principle; Process; Product.

definition of, 26.

new manufactures, classification of, 30.

chemical compound may be, 30, 32.

application of an old material to a new purpose may be, 35.
application of known machine to analogous purpose without
invention is not, 35-38.

application of known machine to a new purpose with
ingenuity may be, 35, 39-42.

depends upon facts of the case, 35, 36.

test to be supplied, 42.

commercial success as evidence of ingenuity, 40, 42, 43.
method of using an old machine in a new way may be, 43.
improvement,

by addition to or subtraction from known machine, 34.
by substitution for some part of an old process, 44.

of mechanical equivalent, 34, 44. See Improvement.

new combination, 43. See Combination.

summary of what may be good, 46.

SUBSTANCE,

new, subject matter for a patent, 29, 33.
of invention, infringement of, 224.
Essence of the Invention.

See Infringement ·

SUBTRACTION,

from known machine, may be subject matter, 34.

[blocks in formation]

made by others to the patentee, effect of, 11 et seq.
in publications, effect upon subsequent patent, 58 et seq.
in recitals, 144. See False Suggestion.

SUNDAY. See Bank Holiday.

SUPPRESSION of information by patentee, 109, 113.

TAXATION of costs. See Costs.

TECHNICAL objections to title, 81.

TENANTS in common. See Joint Owners.

TERM of patent, 147.

TEST to be applied,

to question of true and first inventor, 14.

to question of new use of known appliance, 42.

to question of novelty, 50.

to question of prior experimental user, 57.

to question of utility, 71.

to question of intelligibility of the specification, 100.

to question of sufficiency, 110.

to question whether specification contains more than one
invention, 128.

THREATS of legal proceedings,

pending action for infringement, 281.

action to restrain, 274.

law relating to, prior to Act of 1883...274.

provisions of Act of 1883 as to, 274.

object of, 275.

effect of, 282.

immaterial that threat was made bona fide, 275.

how they may be made, 275.

by implication, 275.

by defendant's solicitor, 275.

in answer to inquiries by plaintiff, 275.
parol, 275.

effect of words "without prejudice," 275.

general warnings, 275.

may amount to a threat, 276.

relating to future infringements, 276.

"any person aggrieved" may bring an action, 277.

validity of the patent may be put in issue, 277.

defence to action to restrain, 277.

act complained of was an infringement, 277.

defendant must be the legal owner of the patent, 277.

T.

R R

THREATS-Continued.

burden of proof, 278, 279.

the proviso, 278.

test of action required by, 279.

the action must be in respect of the infringements com-
plained of, 278.

must be brought against one of the persons threatened,
278.

effect of, on threats by beneficial owner of the patent,
278.

effect of action against licensee, 279.

"with due diligence, &c.," 279.

instances of, 279, 280.

time of issuing threats to be looked at, 279.
immaterial if brought after threats action, 279.
course to pursue when brought after commence-
ment of threats action, 282.

action need not be prosecuted to a successful termina-
tion, 279.

bonâ fides necessary, 280.

onus of proof of want of bona fides, 279.

delay in bringing and prosecuting action for infringe-
ment, 281.

effect of complying with, 281.

interlocutory injunction to restrain, 283.

points to be considered in a motion for, 283.

conflict of testimony as to fact of infringement, 284.
the fact that defendant has not brought an action for
infringement will be considered, 284.

practice in an action to restrain, 284.

particulars of threats may be ordered, 284.

particulars of patents to which the threats relate, 284.
particulars of agents by whom it was alleged the threats
were made, 284.

TITLE. See Specification.

TRADE MARKS, 370.

difference between patent and, 147.

TRADE SECRET. See Secret.

no exclusive right in, 147.

TRIAL,

of action for infringement, 314.

constitution of Court, 314.

power to employ assessors, 315.

when by jury, 316.

Palatine Court of Lancaster, jurisdiction of, 316 et seq.

in a petition for revocation, 318.

County Court, jurisdiction of, 318.

postponement of, on ground of presentation of petition for
revocation, 318.

right of opening and replying at, 319.

issues on plaintiff at, 319-323. See Burden of Proof.

prima facie evidence by plaintiff, 319–323.

TRIAL-continued.

expert witnesses, 321. See Evidence.
questions that may be put to, 321.

points considered by the Court, 322.

experiments made with a view to litigation, 322.
when plaintiff may produce rebutting evidence, 323.
defendant cannot adduce further evidence, 324.
no objection to particulars allowed at, 324.

in camera, defendant alleging secret process, 325.

TRUE AND FIRST INVENTOR,

who is, 11.

test of, 14.

must have invented the pith of the invention, 11-14.
improvement suggested by another, 11-15.

details worked out by another, 13, 14.

dominant mind, 12.

relationship of master and servant, effect of, 13—15.
independent inventor, 15.

first applicant entitled to the grant, 16.

application in fraud of, 18.

first importer is, 19, 23.

reason why, 19—21.

application for grant by, 126. See Application.

TRUST,

notice of, not receivable on register, 23.

patent may be taken out and held on behalf of foreigner in,

23.

TRUSTEE IN BANKRUPTCY,

USE,

patent passes to, on bankruptcy of patentee, 176.

may maintain action for infringement in his own name,

217.

what constitutes anticipation by, 51. See Prior User.
what constitutes infringement by, 239. See Infringement.

UTILITY,

meaning of, 70, 71.

essential part of consideration for grant, 70, 74.

test of, 71.

very slight amount of, sufficient, 73.

without novelty and invention cannot support a patent, 73.
absence of, avoids patent, 74.

want of, for one of purposes claimed, 74.

in essential part of the invention, 74.

in unessential part of the invention, 74.
when claimed as essential, 74.

in most cases but not in every case that might occur,

74.

in a second and subsidiary claim, 74.

process enormously expensive, no proof of want of, 72.
unless cheapness is part of the claim, 72.

patent never put in practice, no proof of want of, 72, 73.

UTILITY-continued.

one method claimed preferred to the others, no proof of
want of, 75.

commercial success strong proof of, 74.

commercial failure, no proof of want of, 72.

when commercial failure will be taken in consideration, 72.
the fact that invention is improved upon, no proof of want
of, 73.

must be considered with reference to state of things at the
date of the patent, 72.

use of invention by infringer, strong evidence of, 75.

question of, must be decided on facts of each particular
case, 72.

is a question for the jury, 71.

how far, considered by Privy Council, 199. See Extension.

VAGUENESS,

in title not fatal, 79.

in the complete may be fatal, 108, 116.

VALIDITY,

certificate of, 328. See Certificate.

VARIANCE,

between title and specification fatal, 78-82.

vagueness in title does not necessarily amount to, 79–81.
must be decided on facts of each particular case, 82.

between provisional and complete specifications fatal, 84,
89.

VENDEE,

what amounts to, 85, 86, 88.

what does not amount to, 85 et seq.

the nature of the invention must be the same, 85,
89.

the rule in Siddell v. Vickers, 89.

effect of provisions for comparison by the C. G., 89.

of patentee, rights of, 246.

of licensee, rights of, 247.

VERBAL,

agreement to assign, 177.

licence to use the invention, 182.

VESSEL,

foreign, user for navigating, no infringement, 242.
British, user abroad on, 242.

WAR,

patents for improvement in munitions of, 363.
Office memorandum to inventors, 468.

WARRANTY OF VALIDITY,

none implied in assignment of a patent, 177.
what amounts to, 177.

instances of implied, 178, 192.

instances where it was held there was no, 178, 191.

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