of valuable consideration), and may be enforced accordingly by 46 & 47 VICT. the Secretary of State for the time being. (3) Where any such assignment has been made to the Secretary of State, he may at any time before the application for a patent for the invention, or before publication of the specification or specifications, certify to the Comptroller his opinion that, in the interest of the public service, the particulars of the invention and of the manner in which it is to be performed should be kept secret. (4) If the Secretary of State so certifies, the application and specification or specifications with the drawings (if any), and any amendment of the specification or specifications, and any copies of such documents and drawings, shall, instead of being left in the ordinary manner at the Patent Office, be delivered to the Comptroller in a packet sealed by authority of the Secretary of State. (5) Such packet shall until the expiration of the term or extended term during which a patent for the invention may be in force, be kept sealed by the Comptroller, and shall not be opened save under the authority of an order of the Secretary of State, or of the Law Officers. (6) Such sealed packet shall be delivered at any time during the continuance of the patent to any person authorized by writing under the hand of the Secretary of State to receive the same, and shall if returned to the Comptroller be again kept sealed by him. (7) On the expiration of the term or extended term of the patent, such sealed packet shall be delivered to any person authorized by writing under the hand of the Secretary of State to receive it. (8) Where the Secretary of State certifies as aforesaid, after an application for a patent has been left at the Patent Office, but before the publication of the specification or specifications, the application, specification or specifications, with the drawings (if any), shall be forthwith placed in a packet sealed by authority of the Comptroller, and such packet shall be subject to the foregoing provisions respecting a packet sealed by authority of the Secretary of State. C. 57. 46 & 47 VICT, C. 57. Definitions (9) No proceeding by petition or otherwise shall lie for revocation of a patent granted for an invention in relation to which the Secretary of State has certified as aforesaid. (10) No copy of any specification or other document or drawing, by this section required to be placed in a sealed packet, shall in any manner whatever be published or open to the inspection of the public, but save as in this section otherwise directed, the provisions of this part of this Act shall apply in respect of any invention and patent as aforesaid. (11) The Secretary of State may, at any time by writing under his hand, waive the benefit of this section with respect to any particular invention, and the specifications, documents and drawings shall be thenceforth kept and dealt with in the ordinary way. (12) The communication of any invention for any improvement in instruments or munitions of war to the Secretary of State, or to any person or persons authorized by him to investigate the same or the merits thereof, shall not, nor shall anything done for the purposes of the investigation, be deemed use or publication of such invention so as to prejudice the grant or validity of any patent for the same. Existing Patents. 45. [Provisions respecting existing patents.] Definitions. 46. In and for the purposes of this Act "Patent" means letters patent for an invention; "Patentee" means the person for the time being entitled to the benefit of a patent; "Invention" means any manner of new manufacture the subject of letters patent and grant of privilege within section six of the Statute of Monopolies (that is, the Act of the twentyfirst year of the reign of King James the First, chapter three, intituled "An Act concerning monopolies and dispensations with penal laws and the forfeiture thereof "), and includes an alleged invention. In Scotland" injunction" means "interdict." C. 57. [Parts III. and IV., relating to Designs and Trade Marks, 46 & 47 VICT, are omitted, not being within the scope of this work.] PART V.-GENERAL. Patent Office and Proceedings thereat. A.D. 1883. PART V. GENERAL. 82. (1) The Treasury may provide for the purposes of this Patent Office. Act an office with all requisite buildings and conveniences, which shall be called, and is in this act referred to as, the Patent Office. (2) Until a new Patent Office is provided, the offices of the Commissioners of Patents for inventions and for the registration of designs and trade-marks existing at the commencement of this Act shall be the Patent Office within the meaning of this Act. (3) The Patent Office shall be under the immediate control of an officer called the Comptroller-General of Patents, Designs, and Trade-marks, who shall act under the superintendence and direction of the Board of Trade. (4) Any act or thing directed to be done by or to the Comptroller may1... be done by or to any officer for the time being in that behalf authorized by the Board of Trade. clerks. 83. (1) The Board of Trade may at any time after the passing Officers and of this Act, and from time to time, subject to the approval of the Treasury, appoint the Comptroller-General of Patents, Designs, and Trade-marks, and so many examiners and other officers and clerks, with such designations and duties as the Board of Trade think fit, and may from time to time remove any of those officers and clerks. (2) The salaries of those officers and clerks shall be appointed by the Board of Trade, with the concurrence of the Treasury, and the same and the other expenses of the execution of this Act shall be paid out of the money provided by Parliament. Office. 84. There shall be a seal for the Patent office, and impres- Seal of Patent sions thereof shall be judicially noticed and admitted in evidence. 85. There shall not be entered in any register kept under this Act, or be receivable by the Comptroller, any notice of any trust expressed implied or constructive. 1 Words omitted repealed by 2 Ed. VII. c. 34, s. 4. Trust not to registers. be entered in 46 & 47 VICT. C. 57. Refusal to grant patent, etc. Entry of assignments and transmissions in registers. Inspection of and extracts from registers. Sealed copies to be received in evidence, Rectification 86. The Comptroller may refuse to grant a patent for an invention, or to register a design or trade-mark, of which the use would, in his opinion, be contrary to law or morality. 87. Where a person becomes entitled by assignment, transmission, or other operation of law to a patent, or to the copyright in a registered design, or to a registered trade-mark, the Comptroller shall on request, and on proof of title to his satisfaction, cause the name of such person to be entered as proprietor of the patent, copyright in the design, or trade-mark, in the register of patents, designs, or trade-marks, as the case may be. The person for the time being entered in the register of patents, designs, or trade-marks, as proprietor of a patent, copyright in a design or trade-mark as the case may be, shall, subject to the provisions of this Act and to any rights appearing from such register to be vested in any other person, have power absolutely to assign, grant licenses as to, or otherwise deal with, the same, and to give effectual receipts for any consideration for such assignment, license, or dealing. Provided that any equities in respect of such patent, design, or trade-mark may be enforced in like manner as in respect of any other personal property. 88. Every register kept under this Act shall at all convenient times be open to the inspection of the public, subject to the provisions of this Act and to such regulations as may be prescribed; and certified copies, sealed with the seal of the Patent Office, of any entry in any such register shall be given to any person requiring the same on payment of the prescribed fee. 89. Printed or written copies or extracts, purporting to be certified by the Comptroller and sealed with the seal of the Patent Office, of or from patents specifications disclaimers and other documents in the Patent Office, and of or from registers and other books kept there, shall be admitted in evidence in all Courts in Her Majesty's dominions, and in all proceedings, without further proof or production of the originals. 90. (1) The Court may on the application of any person of registers by aggrieved by the omission without sufficient cause of the name of any person or of any other particulars from any register kept 1-2 Words in italics inserted by 51 & 52 Vict. c. 50, sects. 21, 22. 3 These words are inserted by 51 & 52 Vict. c. 50, sect. 23. C. 57. under this Act, or by any entry made without sufficient cause 46 & 47 VICT. in any such register, make such order for making expunging or varying the entry, as the Court thinks fit; or the Court may refuse the application; and in either case may make such order with respect to the costs of the proceedings as the Court thinks fit. (2) The Court may in any proceeding under this section decide any question that it may be necessary or expedient to decide for the rectification of a register, and may direct an issue to be tried for the decision of any question of fact, and may award damages to the party aggrieved. (3) Any order of the Court rectifying a register shall direct that due notice of the rectification be given to the Comptroller. 91. The Comptroller may, on request in writing accompanied by the prescribed fee,— (a) Correct any clerical error in or in connection with an application for a patent, or for registration of a design or trade-mark; or (b) Correct any clerical error in the name, style or address of the registered proprietor of a patent, design, or trademark. (c) Cancel the entry or part of the entry of a trade-mark on the register: Provided that the applicant accompanies his request by a statutory declaration made by himself, stating his name, address, and calling, and that he is the person whose name appears on the register as the proprietor of the said trade-mark. (d)1 Permit an applicant for registration of a design or trademark to amend his application by omitting any particular goods or classes of goods in connection with which he has desired the design or trade-mark to be registered. 92. [Alteration of registered mark.] Power for to correct of entries in registers. 93. If any person makes or causes to be made a false entry Falsification in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in any such register, or produces or tenders or causes to be produced or tendered in evidence any such writing, knowing the entry or writing to be false, he shall be guilty of a misdemeanor. 1 This sub-section is added by 51 & 52 Vict. c. 50, sect. 24. |