PART II.-PATENTS. Application for and Grant of Patent. 4. (1) Any person, whether a British subject or not, may make an application for a patent. (2) Two or more persons may make a joint application for a patent, and a patent may be granted to them jointly.1 5. (1) An application for a patent must be made in the form set forth in the First Schedule to this Act, or in such other form as may be from time to time prescribed; and must be left at, or sent by post to, the Patent Office in the prescribed manner. (2) An application must contain a declaration2 to the effect that the applicant is in possession of an invention, whereof he, or in the case of a joint application, one or more of the applicants, claims or claim to be the true and first inventor or inventors, and for which he or they desires or desire to obtain a patent; and must be accompanied by either a provisional or complete specification. (3) A provisional specification must describe the nature of the invention, and be accompanied by drawings, if required. (4) A complete specification, whether left on application or subsequently, must particularly describe and ascertain the nature of the invention, and in what manner it is to be performed, and must be accompanied by drawings,3 if required. (5) A specification, whether provisional or complete, must commence with the title, and in the case of a complete specification must end with a distinct statement of the invention claimed. 6. The Comptroller shall refer every application to an examiner, who shall ascertain and report to the Comptroller whether the nature of the invention has been fairly described, and the application, specification, and drawings (if any) have been prepared in 1 One of the persons at least must be the true and first inventor (48 & 49 Vict. c. 63, sect. 5, post, p. 516). 2 This "declaration" may be either a statutory declaration under the Statutory Declaration Act, 1835, or not, as may be from time to time prescribed (48 & 49 Vict. . 63, sect. 2, post, p. 515). See Patents Rules 25, 26, post, p. 531. 3 References may be made in the complete to drawings with the provisional specification, instead of annexing copies to the complete (49 & 50 Vict. c. 37, sect. 2, post, p. 517). the prescribed manner, and the title sufficiently indicates the 46 & 47 VICT subject-matter of the invention. C. 57. Comptroller require amend 7.1 (1) If the examiner reports that the nature of the invention Power for is not fairly described, or that the application, specification, or to refuse drawings has not, or have not, been prepared in the prescribed application or manner, or that the title does not sufficiently indicate the subject- ment. matter of the invention, the Comptroller may refuse to accept the application, or require that the application, specification, or drawings be amended before he proceeds with the application; and in the latter case the application shall, if the Comptroller so directs, bear date as from the time when the requirement is complied with. (2) Where the Comptroller refuses to accept an application or requires an amendment, the applicant may appeal from his decision to the Law Officer. (3) The Law Officer shall, if required, hear the applicant and the Comptroller, and may make an order determining whether, and subject to what conditions (if any), the application shall be accepted. (4) The Comptroller shall, when an application has been accepted, give notice thereof to the applicant. (5) If, after an application for a patent has been made, but before the patent thereon has been sealed, another application for a patent is made, accompanied by a specification bearing the same or a similar title, the Comptroller, if he thinks fit, on the request of the second applicant, or of his legal representative, may, within two months of the grant of a patent on the first application, either decline to proceed with the second application or allow the surrender of the patent, if any, granted thereon. 8. (1) If the applicant does not leave a complete specification with his application, he may leave it at any subsequent time within nine months1 from the date of application. (2) Unless a complete specification is left within that time the application shall be deemed to be abandoned. Time for leaving com plete specifica tion. 9. (1) Where a complete specification is left after a provisional Comparison specification, the Comptroller shall refer both specifications to an and complete examiner for the purpose of ascertaining whether the complete 1 The section is given here as re-enacted by 51 & 52 Vict. c. 50, sect. 2. of provisional specification. 46 & 47 VICT. C. 57. Advertisement on acceptance of complete specification. Opposition to grant of patent. Ante, Ch. VIII. P. 118. whether specification has been prepared in the prescribed manner, and the invention particularly described in the complete specification is substantially the same as that which is described in the Provisional specification. (2) If the examiner reports that the conditions herein before contained have not been complied with, the Comptroller may refuse to accept the complete specification unless and until the same shall have been amended to his satisfaction; but any such refusal shall be subject to appeal to the Law Officer. (3) The Law Officer shall, if required, hear the applicant and the Comptroller, and may make an order determining whether and subject to what conditions, if any, the complete specification shall be accepted. (4) Unless a complete specification is accepted within twelve months from the date of application, then (save in the case of an appeal having been lodged against the refusal to accept) the application shall, at the expiration of those twelve months, become void. (5) Reports of examiners shall not in any case be published or be open to public inspection, and shall not be liable to production or inspection in any legal proceeding,2 . . . unless the Court or officer having power to order discovery in such legal proceeding shall certify that such production or inspection is desirable in the interests of justice, and ought to be allowed. 10. On the acceptance of the complete specification the Comptroller shall advertise the acceptance; and the application and specification or specifications with the drawings (if any) shall be open to public inspection. 11. (1) Any person may at any time within two months from the date of the advertisement of the acceptance of a complete specification give notice at the Patent Office of opposition to the grant of the patent on the ground of the applicant having obtained the invention from him, or from a person of whom he is the legal representative, or on the ground that the invention has been 1 From the coming into operation of 2 Ed. VII. c. 34, sect. 1, post, p. 523, this period is reduced to six months. It may be extended another month by the Comptroller, under exceptional circumstances (48 & 49 Vict. c. 63, sect. 3, post, p. 515). 2 Words omitted repealed by 51 & 52 Vict. c. 50, sect. 3. C. 57. patented in this country on an application of prior date, or1 on the 46 & 47 VICT. ground that the complete specification describes or claims an invention other than that described in the provisional specification, and that such other invention forms the subject of an application made by the opponent in the interval between the leaving of the provisional specification and the leaving of the complete specification, but on no other ground. (2) Where such notice is given the Comptroller shall give notice of the opposition to the applicant, and shall, on the expiration of those two months, after hearing the applicant and the person so giving notice, if desirous of being heard, decide on the case, but subject to appeal to the Law Officer. (3) The Law Officer shall, if required, hear the applicant and any person so giving notice and being, in the opinion of the Law Officer, entitled to be heard in opposition to the grant, and shall determine whether the grant ought or ought not to be made. (4) The Law Officer may, if he thinks fit, obtain the assistance of an expert, who shall be paid such remuneration as the Law Officer, with the consent of the Treasury, shall appoint. patent. 12. (1) If there is no opposition, or, in case of opposition, if Sealing of the determination is in favour of the grant of a patent, the Comptroller shall cause a patent to be sealed with the seal of the Patent Office. (2) A patent so sealed shall have the same effect as if it were sealed with the Great Seal of the United Kingdom. (3) A patent shall be sealed as soon as may be, and not after the expiration of fifteen months 2 from the date of application, except in the cases hereinafter mentioned, that is to say(a) Where the sealing is delayed by an appeal to the Law Officer, or by opposition to the grant of the patent, the (b) If the person making the application dies before the 1 Words in italics denote amendment made by 51 & 52 Vict. c. 50, sect. 4. * This period may be extended by the Comptroller under 48 & 49 Vict. c. 63, sect. 3, bost, p. 515. 46 & 47 VICT. C. 57. Date of patent. Provisional protection. Effect of acceptance of complete specification. Extent of patent. Term of patent. at any time within twelve months after the death of the applicant. 13. Every patent shall be dated and sealed as of the day of the application: Provided that no proceedings shall be taken in respect of an infringement committed before the publication of the complete specification: Provided also, that in case of more than one application for a patent for the same invention, the sealing of a patent on one of those applications shall not prevent the sealing of a patent on an earlier application. Provisional Protection. 14. Where an application for a patent in respect of an invention has been accepted, the invention may during the period between the date of the application and the date of sealing such patent be used and published without prejudice to the patent to be granted for the same; and such protection from the consequences of use and publication is in this Act referred to as provisional protection. Protection by Complete Specification. 15. After the acceptance of a complete specification and until the date of sealing a patent in respect thereof, or the expiration of the time for sealing, the applicant shall have the like privileges and rights as if a patent for the invention had been sealed on the date of the acceptance of the complete specification: Provided that an applicant shall not be entitled to institute any proceeding for infringement unless and until a patent for the invention has been granted to him. Patent. 16. Every patent when sealed shall have effect throughout the United Kingdom and the Isle of Man. 17. (1) The term limited in every patent for the duration thereof shall be fourteen years from its date. (2) But every patent shall, notwithstanding anything therein or in this Act, cease if the patentee fails to make the prescribed payments within the prescribed times, |