(L. R. 6 Ch. D. 274), both before Lord Hatherley. In the former of these cases he decided that a second applicant who had sealed his patent was entitled to hold it against all the world, including the first applicant for the same invention, who was later in applying for the seal. And the judge ordered the first applicant's patent to be dated after the patent of the second applicant.

In the event of the death of an applicant for a patent before the sealing of the patent, it may be granted, under section 12 subsection (3 b) of the new Act, to his legal representative, and sealed at any time. within twelve months after the death of the applicant. In such a case application must be made to the Comptroller, who will require to be furnished with an official copy of or extract from the will or letters of administration, in proof of the applicant's title as legal representative.

By the eighty-sixth section of the Patent Act of 1883 the Comptroller may refuse to grant a patent for an invention, the use of which would, in his opinion, be contrary to law or morality.

The sixteenth section of the Act of 1883 directs that every patent when sealed shall have effect throughout the United Kingdom and the Isle of Man, leaving out the Channel Islands, which have hitherto been included.

The duration of every patent is by the seventeenth section of the Act of 1883 directed to be limited therein to fourteen years from its date. According to the case of Russell v. Ledsam (14 M. & W. 574) the time runs from the day of the date of the patent, including that day for instance, a patent for fourteen years, dated February 26, 1825, was held to expire at twelve o'clock on the night of February 25, 1839. As to the mode of obtaining an extension of the term, and the princi

ples which guide the Privy Council in deciding upon the application, the reader is referred to Chapter XI.

By the thirty-third section of the new Act every patent may be in the form set forth in the first schedule, but this form the Board of Trade has power, under the 101st section subsection 2, to alter or amend. Further, by the thirty-third section a patent is to be granted for one invention only, but no objection to a patent can be taken in an action or other proceeding on the ground that it comprises more than one invention.

On reference to the form of patent printed in the Appendix to this volume it will be seen that the Crown grants unto A. B. especial licence, full power, sole privilege and authority, that he, the said patentee by himself, his agents or licensees, from time to time, and at all times thereafter during the term of years thereinafter expressed (viz. fourteen years), may make, use, exercise, and vend his invention within the United Kingdom of Great Britain and Ireland, and Isle of Man, in such manner as to him or them shall in his or their discretion seem meet; and that the said patentee shall have and enjoy the whole profit, benefit, commodity, and advantage from time to time accruing, by reason of the said invention, during the term of fourteen years from the date. Then all the Queen's subjects whatsoever are strictly commanded not to infringe the patent. It is, however, provided that, if it shall be made to appear to the Crown or the Privy Council that the grant is contrary to law, or prejudicial or inconvenient to the subjects of the realm in general, or that the invention is not a new invention as to the public use and exercise thereof within the United Kingdom, &c., or that the said patentee is not the first and true inventor thereof within the realm, the patent shall be void.

There are also other provisoes, the two most im

portant of which make the grant void-first, if the said patentee shall not pay all fees by law required to be paid in respect of the 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 second, if the said patentee shall not supply or cause to be supplied for the service of the Crown all such articles of the said invention as may be required by the officers or commissioners administering any department of the 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.

By the operation of the seventeenth section of the Patent Act of 1883 every patent will cease if the patentee fails to make the prescribed payments within the prescribed times. The twenty-fourth section refers to the second schedule as setting forth the fees which are payable by patentees, and the first schedule of the Patents Rules 1883 again sets forth the fees. We there find that 50l. must be paid before the end of four years from the date of the patent on a certificate of renewal; and a further sum of 100l. on a second certificate of renewal before the end of seven years, or, in the case of patents granted under the new Act, before the end of eight years from the date of the patent. But a patentee has the option of paying, instead of these sums of 50l. and 100%., the annual sum of 10l., before the ends of the fourth, fifth, sixth, and seventh years, the annual sum of 15l. before the ends of the eighth and ninth years, and the annual sum of 201. before the ends of the tenth, eleventh, twelfth, and thirteenth years respectively. As to the procedure in regard to certificates of payment or renewal see rules 42-45 of the Patents Rules 1883.

It is, however, provided by the seventeenth section of the new Act that if in any case, by accident, mistake,

or inadvertence, a patentee fails to make any prescribed payment within the prescribed time, he may apply to the Comptroller for an enlargement of the time for making that payment; and thereupon the Comptroller shall, if satisfied that the failure has arisen from any of the above-mentioned causes, on receipt of the prescribed fee for enlargement, not exceeding ten pounds, enlarge the time accordingly, but not for more than three months. (As to the procedure see rule 46 of the Patents Rules 1883.) It is further provided that if any proceeding shall be taken in respect of an infringement of the patent committed after a failure to make any payment within the prescribed time, and before the enlargement thereof, the Court before which the proceeding is proposed to be taken may, if it shall think fit, refuse to award or give any damages in respect of such infringement.

In the case of Williams v. Nash (28 Bea. 93) it was held that a payment on the third anniversary of the date was a sufficient compliance with the statute which prescribed the payment of a stamp duty of 50l. before the expiration of the third year. The patent was dated on February 26, 1855, and the third year's stamp duty was paid on February 26, 1858.

Under the ninety-eighth section of the new Act whenever the last day for paying a fee at the Patent Office shall happen to fall on Christmas day, Good Friday, or on a Saturday or Sunday or on a day observed as a holiday at the Bank of England, or on any day observed as a public fast or thanksgiving, the fee may be paid on the day next following any of these days.

Where through inadvertence the stamp duty has not been paid within the extended time, and the patent has consequently become void, nothing short of a special Act of Parliament can restore its validity.

In case clerical errors should have been made in letters patent, the Master of the Rolls had and still has power to correct them (Re Nickels' Patent, 4 Bea. 563; Re Gare's Patent, April 5, 1884); but the application must be made within a reasonable time (Re Blamond's Patent, 3 L. T. N. s. 800). In the case of Adam's Patent (1 W. R. 259), a doubt having been expressed as to the jurisdiction of the Master of the Rolls, the order was made by the Lord Chancellor. But now, the powers of amendment given to the Comptroller by sect. 18 of the Patents Act, 1883, seem extensive enough to cover clerical errors in patents.

In the event of a patent being lost or destroyed, or if its non-production should be accounted for to the satisfaction of the Comptroller, he is empowered by the thirty-seventh section of the new Act to cause a duplicate thereof to be sealed.

In the case of Feather v. The Queen (6 B. & S. 257) it was decided that the Crown has a right to the free use of any patented invention (see the case more fully stated at the end of the chapter on Infringements); and this decision applies to all patents granted before the commencement of the Act of 1883, or on applications then pending; but as to patents granted afterwards, they will have the same effect against the Crown as against a subject (sect. 27). The officers or authorities administering any department of the service of the Crown, their agents, contractors, or others, are to be entitled to use any invention for the service of the Crown on terms to be agreed upon with the approval of the Treasury; or if an agreement cannot be effected, then on such terms as the Treasury, after hearing all parties interested, shall settle.

By the forty-fourth section of the Patent Act of 1883 the Secretary of State for War is empowered to acquire by purchase or gift the benefit of any inven