affect the jurisdiction and forms of process of the Courts in Scotland in such an action or in any action or proceeding respecting a patent hitherto competent to those Courts. For the purposes of this section " Court of Appeal" shall mean any Court to which such action is appealed. 108. In Scotland any offence under this Act declared to be punishable on summary conviction may be prosecuted in the Sheriff Court. 109. (1) Proceedings in Scotland for revocation of a patent shall be in the form of an action of reduction at the instance of the Lord Advocate, or at the instance of a party having interest with his concurrence, which concurrence may be given on just cause shown only. (2) Service of all writs and summonses in that action shall be made according to the forms and practice existing at the commencement of this Act. 110. All parties shall, notwithstanding anything in this Act, have in Ireland their remedies under or in respect of a patent as if the same had been granted to extend to Ireland only. 46 & 47 VICT. C. 57. Summary proceedings in Scotland. Proceedings for revocation of patent in Scotland. Reservation in Ireland. of remedies saving for of Courts. 111. (1) The provisions of this Act conferring a special juris- General diction on the Court as defined by this Act, shall not, except so jurisdiction far as the jurisdiction extends, affect the jurisdiction of any Court in Scotland or Ireland in any proceedings relating to patents or to designs or to trade-marks; and with reference to any such proceedings in Scotland, the term "the Court" shall mean any Lord Ordinary of the Court of Session, and the term "Court of Appeal" shall mean either Division of the said Court; and with reference to any such proceedings in Ireland, the terms "the Court" and "the Court of Appeal" respectively mean the High Court of Justice in Ireland and Her Majesty's Court of Appeal in Ireland. (2) If any rectification of a register under this Act is required in pursuance of any proceeding in a Court in Scotland or Ireland, a copy of the order, decree, or other authority for the rectification, shall be served on the Comptroller, and he shall rectify the register accordingly. 112. This Act shall extend to the Isle of Man, and- Isle of Man. C. 57. 46 & 47 VICT. Courts in the Isle of Man, in proceedings for infringement or in any action or proceeding respecting a patent, design, or trademark competent to those Courts; Repeal and saving for (2) The punishment for a misdemeanor under this Act in the Isle of Man shall be imprisonment for any term not exceeding two years, with or without hard labour, and with or without a fine not exceeding one hundred pounds, at the discretion of the Court; (3) Any offence under this Act committed in the Isle of Man which would in England be punishable on summary conviction may be prosecuted, and any fine in respect thereof recovered at the instance of any person aggrieved, in the manner in which offences punishable on summary.conviction may for the time being be prosecuted. Repeal, Transitional Provisions, Savings. 113. The enactments described in the Third Schedule to past operation this Act are hereby repealed. But this repeal of enactments of repealed enactments, &c. shall not Former registers to be deemed continued. (a) Affect the past operation of any of those enactments, or any patent or copyright or right to use a trade-mark granted or acquired, or application pending, or appointment made, or compensation granted, or order or direction made or given, or right, privilege, obligation, or liability acquired, accrued, or incurred, or anything duly done or suffered under or by any of those enactments before or at the commencement of this Act; or (b) Interfere with the institution or prosecution of any action or proceeding, civil or criminal, in respect thereof, and any such proceeding may be carried on as if this Act had not been passed; or (c) Take away or abridge any protection or benefit in relation to any such action or proceeding. 114. (1) The registers of patents and of proprietors kept under any enactment repealed by this Act shall respectively be deemed parts of the same book as the register of patents kept under this Act. (2) The registers of designs and of trade-marks kept under 46 & 47 VICT. any enactment repealed by this Act shall respectively be deemed parts of the same book as the register of designs and the register of trade-marks kept under this Act. C. 57. 115. All general rules made by the Lord Chancellor or by Saving for existing any other authority under any enactment repealed by this Act, rules. and in force at the commencement of this Act, may at any time after the passing of this Act be repealed altered or amended by the Board of Trade, as if they had been made by the Board under this Act, but so that no such repeal alteration or amendment shall take effect before the commencement of this Act; and, subject as aforesaid, such general rules shall, so far as they are consistent with and are not superseded by this Act, continue in force as if they had been made by the Board of Trade under this Act. prerogative. 116. Nothing in this Act shall take away abridge or preju- Saving for dicially affect the prerogative of the Crown in relation to the granting of any letters patent or to the withholding of a grant thereof. General Definitions. 117. (1) In and for the purposes of this Act, unless the context otherwise requires, "Person" includes a body corporate; "The Court" means (subject to the provisions for Scotland, Ireland, and the Isle of Man) Her Majesty's High Court of Justice in England; "Law Officer" means Her Majesty's Attorney-General or Solicitor-General for England; "The Treasury" means the Commissioners of Her Majesty's Treasury; " Comptroller" means the Comptroller-General of Patents, Designs, and Trade-marks; "Prescribed" means prescribed by any of the Schedules to this Act, or by general rules under or within the meaning of this Act; "British possession means any territory or place situate within Her Majesty's dominions, and not being or forming part General definitions. C. 57. 46 & 47 VICT. of the United Kingdom, or of the Channel Islands, or of the Isle of Man, and all territories and places under one legislature, as hereinafter defined, are deemed to be one British possession for the purposes of this Act; "Legislature" includes any person or persons who exercise legislative authority in the British possession; and where there are local legislatures as well as a central legislature, means the central legislature only. In the application of this Act to Ireland, "summary conviction" means a conviction under the Summary Jurisdiction Acts, that is to say, with reference to the Dublin Metropolitan Police District the Acts regulating the duties of justices of the peace and of the police for such district, and elsewhere in Ireland the Petty Sessions (Ireland) Act, 1851, and any Act amending it. SCHEDULES. THE FIRST SCHEDULE. FORMS OF APPLICATION, ETC. [The Forms A, A,, A,, B, and C given post, pp. 545-551, are substituted for those originally in this schedule.] FORM D. [FORM OF PATENT.] FORM E. [FORM OF APPLICATION FOR REGISTRATION OF DESIGN.] FORM F. [FORM OF APPLICATION FOR REGISTRATION OF TRADE-MARK.] THE SECOND SCHEDULE. FEES ON INSTRUMENTS FOR OBTAINING PATENTS AND [Fees substituted by the Patents Rules, 1903, are set out post, p. 542.] THE THIRD SCHEDULE. [ENACTMENTS REPEALED.] THE PATENTS, DESIGNS, AND TRADE MARKS (AMENDMENT) ACT, 1885. (48 & 49 VICT. C. 63.) An Act to amend the Patents, Designs, and Trade Marks Act, A.D. 1885. [14th August, 1885.] BE it enacted, &c. 1883. 1. This Act shall be construed as one with the Patents, Construction and short title. Designs, and Trade Marks Act, 1883 (in this Act referred to as the principal Act). This Act may be cited as the Patents, Designs, and Trade Marks (Amendment) Act, 1885, and this Act and the principal Act may be cited together as the Patents, Designs, and Trade Marks Acts, 1883 and 1885. 2. Whereas sub-section two of section five of the principal Act requires a declaration to be made by an applicant for a patent to the effect in that sub-section mentioned, and doubts have arisen as to the nature of that declaration, and it is expedient to remove such doubts: Be it therefore enacted that: The declaration mentioned in sub-section two of section five of the principal Act may be either a statutory declaration under the Statutory Declarations Act, 1835 (5 & 6 W. 4, c. 62), or not, as may be from time to time prescribed. 3. Whereas under the principal Act, a complete specification is required (by section eight) to be left nine1 months, and (by section nine) to be accepted within twelve months, from the date of application, and a patent is required by section twelve to be sealed within fifteen months from the date of application, and it is expedient to empower the Comptroller to extend in certain cases the said times: Be it therefore enacted as follows: 1 This period is now six months by 2 Ed. VII. c. 34, sect. I. Amendment of sect. 5 of 46 & 47 Vict. c. 57. Amendment of sects. 8, 9, and 12 of 46 & c. 57. 47 Vict. |