Notice of acceptance of applica

tion given.

In cases of a second application for a similar invention notice

to be given to the applicants.

(4.) "The Comptroller shall, when an application has been accepted, give notice thereof to the applicant.

(5.) "If after an application has been made, but before a patent has been sealed, an application is made, accompanied by a specification bearing the same or a similar title, it shall be the duty of the Examiner to report to the Comptroller whether the specification appears to him to comprise the same invention; and if he reports in the affirmative, the Comptroller shall give notice to the applicants that he has so reported.

(6.) Where the Examiner reports in the affirmative, the Comptroller may determine, subject to an appeal to the Law Officer, whether the invention comprised in both applications is the same, and if so he may refuse to seal a patent on the application of the second applicant."1

part of this Act, and may from time to time make, alter and rescind Rules regulating references and appeals to the Law Officers and the practice and procedure before them under this part of this Act; and in any proceeding before either of the Law Officers under this part of this Act, the Law Officer may order costs to be paid by either party, and any such Order may be made a Rule of the Court."

For these Rules (see p. 166).

1 Further on this see p. 4 and pp. 55-60. Rules 11-16 regulate the hearing before the Comptroller (see p. 156).

(37)

CHAPTER IV.

THE PROVISIONAL SPECIFICATION.

By section 5, sub-section (3), it is enacted—

"A provisional specification must describe the nature of the invention, and be accompanied by drawings,' if required."

And sub-section (5) enacts that a provisional specification must commence with the title of the invention claimed.

It must be sent by post, or left at the Patent Office with the application for letters patent (s. 5, sub-sec. 2).

The following is the Form to be used, as given in the Schedule of the Rules to be issued with Form A or AI :

S. 5 (3).

S. 5 (5).

1 By Rule 28, The drawings accompanying provisional or complete The drawings. specifications shall be made upon halt-sheets or sheets of imperial drawing paper, to be within a border line of 19 inches by 12 inches, or 27 inches by 19 inches, with a margin of an inch all round.

Rule 29. A copy of the drawings will be required upon rolled imperial drawing-paper, or upon thin Bristol board of the same dimensions as the original drawing or drawings. All the lines must be absolutely black, Indian ink of the best quality to be used, and the same strength or colour of the ink to be maintained throughout the drawing. Any shading must be in lines clearly and distinctly drawn, and as open as is consistent with the required effect. Section lines should not be too closely drawn. No colour must be used for any purpose upon the copy of the drawings. All letters and figures of reference must be bold and distinct. The border line to be one fine line only. The drawing must not be folded, but must be delivered at the Patent Office, either in a perfectly flat state, or rolled upon a roller, so as to be free from creases or breaks.

And by Rule 31, a further drawing illustrative of the features of novelty constituting the invention, must be left, prepared according to Rule 29, but must not cover a space exceeding 16 square inches (p. 159).

(a.) Here insert

title as in declaration.

(b.) Here insert

name, address

and calling of

"Form B.

"FORM OF PROVISIONAL SPECIFICATION.

(To be furnished in Duplicate).

Improvements in Sewing Machines (a).

"I (b) John Smith, of 29, Perry Street, Birmingham, in the County of Warwick, Engineer, do hereby applicant's as in declare the nature of said invention for Improvements in Sewing Machines' to be as follows (c)

applicant or

declaration.

(c.) Here insert short description of invention.

NOTE. No stamp is required on this document, which must form the commencement of the provisional specification, the continuation to be upon wide-ruled foolscap paper (but on one side only) with a margin of 2 inches on left hand of paper. The provisional specification and the "Duplicate" thereof, must be signed by the applicant or his agent on the last sheet, the date being first inserted as follows:— "Dated this

day of

18 "

Provisional specifications will not be open to the public, except under certain conditions.

The following dicta of judges set out what is the office of a provisional specification:

In Newall v. Elliott, 4 C.B. N.S. 293 (1858), Byles, J., says: "The office of the provisional specification is only to describe generally and fairly the nature of the invention, and not to enter into all the minute details as to the manner in which the invention is to be carried out."

And in Penn v. Bibby, L.R. 2 Ch. 132 (1866), per L.C. Chelmsford: "The office of the provisional specification is to describe the nature of the invention, not with minute particularity, but with sufficient precision and accuracy to inform the Law Officer what is to be the subject-matter of the patent. It is not necessary that the provisional specification should describe the mode or modes in which the invention is to be worked or carried out."

And Jessel, M.R., in his judgment in Stoner v. Tod, L.R. 4 Ch.D. 60 (1876), referring to a provisional specification, said: "A provisional specification was not intended to contain a complete description of the thing, so as to enable any workman of ordinary skill to make it, but only to disclose

the invention, fairly no doubt, but in its rough state, until
the inventor could perfect its details."

Section 14 enacts—
"Where an application for a patent in respect of
an invention has been accepted, the in-
vention 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 publica-
tion is in this Act referred to as pro-
visional protection."

The notification and advertisement of the acceptance of an application is provided for by Rule 25 as follows:-On the acceptance of an application with a provisional or complete specification, the Comptroller shall give notice thereof to the applicant, and shall advertise such acceptance in the official journal of the Patent Office.

With regard to the correction of clerical errors, section

enacts

91

"The Comptroller may, on request in writing, accompanied by the prescribed fee

66

(a.) Correct any clerical error in, or in con-
nection with, an application for a patent.”

The fee prescribed by the First Schedule of the Rules is 55.

Its effect. S. 14.

Clerical errors.

CHAPTER V.

S 5. (4).

S. 5 (5).

THE COMPLETE SPECIFICATION.

By section 5, sub-sec. (4), it is enacted—
"A complete specification, whether left on applica-
tion 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, if required."

Sub-section (5) goes on to say-
"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."

The following is the Form given in the Schedule of the
Rules and which must bear a £3 stamp.

"Form C.

(a.) Here insert title, as in deelaration.

(b.) Here insert name, address and calling of applicant or

applicants, as in declaration.

£3

Stamp.

66

66

66 FORM OF COMPLETE SPECIFICATION.

(To be furnished in Duplicate-one unstamped).

Improvements in Sewing Machines (a).

"I (b) John Smith, of 29, Perry Street, Birmingham, in the County of Warwick, Engineer, do hereby declare the nature of my invention for Improvements in Sewing Machines,' and in what manner the same is to be performed, to be particularly