general, or solicitor general, or lord advocate respectively provided also, that no such disclaimer or alteration shall be receivable in evidence in any action or suit (save and except in any proceeding by scire facias) pending at the time when such disclaimer or alteration was enrolled, but in every such action or suit the original title and specification alone shall be given in evidence, and deemed and taken to be the title and specification of the invention for which the letters patent have been or shall have been granted: provided also, that it shall be lawful for the attorney general, or solicitor general, or lord advocate, before granting such fiat, to require the party applying for the same to advertise his disclaimer or alteration in such manner as to such attorney general, or solicitor general, or lord advocate shall seem right, and shall, if he so require such advertisement, certify in his fiat that the same has been duly made.

The entry of a disclaimer of part of a specification, under the 5 & 6 Wm. 4, c. 83, s. 1, does not give a right of action for infringements, committed previously to the disclaimer (d).

(d) Perry v. Skinner, in Exch. E. T. 1837. Law Journal, p. 127.

CHAP. V.

OF THE PRACTICE OF OBTAINING LETTERS PATENT

FOR INVENTIONS.

HAVING pointed out the person, who is the first inventor, and shewn what things are new manufactures within the meaning of the statute of James, and what are the several properties of the specification,-the practical part, the mode of obtaining the letters patent, the manner of modifying them when obtained, and the method of procuring protection for the invention in foreign countries (a), next demand attention. We shall consider the matter in the following order :

I. The method of taking out Patents for England, Scotland, Ireland, and the Colonies. II. The Acts of Parliament to enlarge Patent rights.

III. The proceedings before the Judicial Committee of the Privy Council, &c.

(a) The laws of foreign countries under which protection may be had for British inventions, will be given in a separate chapter. See Chap. X.

I. THE METHOD OF TAKING OUT PATENts for engLAND, SCOTLand, Ireland, and the COLONIES.

That no improvident grant may be obtained from the Crown, the petitioner is required to attend at several offices under government, that the claims set forth in his petition may be carefully scrutinized and fully considered by the law officers of the Crown. Hence many instruments are made preparatory to the patent itself. This course necessarily increases the price of money paid for the patent: but it secures alike the public from imposture, and the Crown from deceit; and prevents the evils arising from an illegal privilege of exclusively making and vending some particular manufacture which may not be worthy of protection.

As many of the instruments are furnished at the public offices, those only are given in the APPENDIX, which must be prepared either by the petitioner or his agent. But it is thought that the interest of the inquirer would not be best consulted, nor the fullest information afforded to him, without a full description of the contents of every one of the documents; as by that means he will be enabled not only to examine whether the instruments are correct, but at once be able to see the whole routine of procuring the patent, and the conditions upon which it is obtained.

The manner in which all letters patent are to be passed is pointed out by the statute 27 Hen. 8, c. 11: but it would be useless to shew how

1. The petition.

The declaration.

the method varies according to the matter of the grant, and therefore this Chapter will be confined to the manner of passing patents for

inventions.

The first step to be taken by an inventor is to present a petition (b) (which is written on unstamped paper) to the Queen, to grant to him letters patent.

It recites that he has discovered something (naming it) likely to be of general benefit, of which he is the true and first inventor, and that it has never before been used. He then prays for letters patent to secure to himself the sole use of his invention for fourteen years.

The patent is in general made out for England only; but it will be extended to the Colonies, if they are named in the prayer of the petition.

Formerly, an affidavit sworn before a Master, or Master extraordinary in Chancery, must accompany and support the allegations of the petition, but now (c) a declaration is made in lieu thereof.

(b) See form of the petition in the Appendix.

(c) See 5 & 6 Wm. 4, c. 62, s. 11, it is enacted, That whenever any person or persons shall seek to obtain any patent under the great seal, for any discovery or invention, such person or persons shall, in lieu of any oath, affirmation, or affidavit which heretofore has or might be required to be taken or made, upon or before obtaining any such patent, make and subscribe, in the presence of the person before whom he might, but for the passing of this act, be required to take or make such oath, affirmation, or affidavit, a declaration to the same effect as such oath, affirmation, or affidavit; and

The petition and declaration are then left at the office (d) of the Secretary of State for the

Home Department.

General's

When the petition has lain a few days in the 2. Attorney office at the Home Department, an answer, report. which is a reference of it by the Secretary of State to the Attorney or Solicitor General for his opinion, will be given. It is generally written on the back or margin of the petition, which, when thus marked, is taken to the chambers of either of those crown law officers, from whom in a few days, a report thereon may be obtained.

The report, after reciting the reference, the petition, and the affidavit, states, that inasmuch as it is at the hazard of the petitioner whether the invention be new, or will have the desired success, and as it is reasonable that her Majesty should encourage arts and inventions which may be for the public good, it is therefore the opinion of the reporter, that the royal letters patent should, as desired, be granted to the petitioner, provided a particular description (e) of the nature of the invention should be enrolled within a given time in the Court of Chancery.

It is this opinion, that a particular description of the invention should be enrolled, which gives

such declaration, when duly made and subscribed, shall be to all intents and purposes, as valid and effectual as the oath, affirmation, or affidavit in lieu whereof it shall have been so made and subscribed.

(d) At the Treasury staircase, Whitehall.

(e) This proviso was first introduced into the patents in the reign of Queen Anne.