PATENTS

RULES, 1903.

Provided that these our letters patent are on this condition, that, if at any time during the said term it be made to appear to us, our heirs, or successors, or any six or more of our Privy Council, that this our grant is contrary to law, or prejudicial or inconvenient to our subjects in general, or that the said invention is not a new invention as to the public use and exercise thereof within our United Kingdom of Great Britain and Ireland, and Isle of Man, or that the said patentee is not the first and true inventor thereof within this realm as aforesaid, these our letters patent shall forthwith determine, and be void to all intents and purposes, notwithstanding anything hereinbefore contained: Provided also, that if the said patentee shall not pay all fees by law required to be paid in respect of the grant of these letters patent, or in respect of any matter relating thereto at the time or times, and in manner for the time being by law provided; and also if the said patentee shall not supply or cause to be supplied, for our service all such articles of the said invention as may be required by the officers or commissioners administering any department of our service in such manner, at such times, and at and upon such reasonable prices and terms as shall be settled in manner for the time being by law provided, then, and in any of the said cases, these our letters patent, and all privileges and advantages whatever hereby granted shall determine and become void notwithstanding anything hereinbefore contained: Provided also that nothing herein contained shall prevent the granting of licenses in such manner and for such considerations as they may by law be granted: And lastly, We do by these presents for us, our heirs and successors, grant unto the said patentee that these our letters patent shall be construed in the most beneficial sense for the advantage of the said patentee.

In witness whereof We have caused these our letters to be made patent and to be sealed as of the

RULES REGULATING THE PRACTICE AND PROCEDURE ON APPEALS TO THE LAW OFFICERS.

I. When any person intends to appeal to the Law Officer from a decision of the Comptroller in any case in which such appeal is given by the Acts, he shall within fourteen days from the date of the decision appealed against file in the Patent Office a notice of such his intention.

II. Such notice shall state the nature of the decision appealed against, and whether the appeal is from the whole, or part only, and if so, what part of such decision.

III. A copy of such notice of intention to appeal shall be sent by the party so intending to appeal to the Law Officers' clerk, at room 549, Royal Courts of Justice, London; and when there has been an opposition before the Comptroller, to the opponent or opponents; and when the Comptroller has refused to seal a patent on the ground that a previous application for a patent for the same invention is pending, to the prior applicant.

IV. Upon notice of appeal being filed, the Comptroller shall forthwith transmit to the Law Officers' clerk all the papers relating to the matter of the application in respect of which such appeal is made.

V. No appeal shall be entertained of which notice is not given within fourteen days from the date of the decision appealed against, or such further time as the Comptroller may allow, except by special leave upon application to the Law Officer.

VI. Seven days' notice, at least, of the time and place appointed for the hearing of any appeal, shall be given by the Law Officers' clerk, unless special leave be given by the Law Officer that any shorter notice be given.

VII. Such notice shall in all cases be given to the Comptroller and the appellant; and, when there has been an opposition before the Comptroller, to the opponent or opponents; and, when the

Comptroller has refused to seal a patent on the ground that an application for a patent for the same invention is pending, to the prior applicant.

VIII. The evidence used on appeal to the Law Officer shall be the same as that used at the hearing before the Comptroller; and no further evidence shall be given, save as to matters which have occurred or come to the knowledge of either party, after the date of the decision appealed against, except with the leave of the Law Officer upon application for that purpose.

IX. The Law Officer shall, at the request of either party, order the attendance at the hearing on appeal, for the purpose of being cross-examined, of any person who has made a declaration in the matter to which the appeal relates, unless in the opinion of the Law Officer there is good ground for not making such order.

X. Any person requiring the attendance of a witness for crossexamination shall tender to the witness whose presence is required a reasonable sum for conduct money.

XI. Where the Law Officer orders that costs shall be paid by any party to another, he may fix the amount of such costs, and if he shall not think fit to fix the amount thereof, he shall direct by whom and in what manner the amount of such costs shall be ascertained.

XII. If any costs so ordered to be paid be not paid within fourteen days after the amount thereof has been so fixed or ascertained, or such shorter period as shall be directed by the Law Officer, the party to whom such costs are to be paid may apply to the Law Officer for an order for payment under the provisions of section 38 of the Act.

XIII. All documentary evidence required, or allowed by the Law Officer to be filed, shall be subject to the same regulations, in all respects, as apply to the procedure before the Comptroller, and shall be filed in the Patent Office, unless the Law Officer shall order to the contrary.

XIV. Any notice or other document required to be given to the Law Officers' clerk, under these rules, may be sent by a prepaid letter through the post.

HENRY JAMES, A.-G.

FARRER HERSCHELL, S.-G.

In reply to your letter of the

I am commanded by my Lords Commissioners of the Admiralty to acquaint you that if you will comply with the Instructions contained in the accompanying "Memorandum for Inventors," dated Inventions submitted to this Office, your proposal shall be duly 1st April, 1895, and containing Regulations for the reception of

considered.

2. In the event of your desiring to submit your proposal in accordance with the Memorandum, it is necessary that sufficient particulars should be given to enable the same to be fully considered, including any evidence you may have of the usefulness of the Invention obtained by actual previous experiment.

3. Should it be considered desirable to try your Invention in a Dockyard or elsewhere, the provision of the article and all expenses connected with carriage, fitting up and removing it will have to be borne by you.

4. I am at the same time to inform you that if any plans, models, or papers, which form an essential part of the description of your Invention, are forwarded to this Office, they will be retained by their Lordships for future reference, and cannot therefore be returned to you.

I am, Sir, &c.

MEMORANDUM FOR INVENTORS ISSUED BY THE ADMIRALTY AND WAR OFFICE.

Note. When the words in square brackets are substituted for those printed in italics the circular is identical with that of the War Office.

IN consequence of the numerous claims for compensation for loss of time, and for expenses incurred by private individuals in working out inventions of various kinds, as well as for rewards in consequence of the use of such inventions, the Lords Commissioners of the Admiralty consider [the Secretary of State for War considers] it necessary to make known the following Regulations :—

1. By Section 27 of the "Patents, Designs, and Trade-Marks Act, 1883," it is enacted as follows:

"A Patent shall have to all intents the like effect as against Her Majesty the Queen, her Heirs, and Successors, as it has against a subject. "But the Officers or Authorities administering any Department of the service of the Crown, may by themselves, their agents, contractors, or others, at any time after the application, use the invention for the service of the Crown, on terms to be before or after the use thereof agreed on, with the approval of the Treasury, between those Officers or Authorities and the Patentee, or, in default of such agreement, on such terms as may be settled by the Treasury, after hearing all parties interested."

2. Persons who desire to submit any invention for consideration, should do so by letter addressed to the Secretary of the Admiralty [Under-Secretary of State for War]. The letter should state the nature of the invention; whether patented or not; if patented, it should quote number and date of patent. It should also state whether the person who offers it for consideration desires to make any claim for remuneration in connection with it. In the absence of such a statement it will be assumed that no such remuneration is expected.