When the application has been accepted, the Comptroller shall give notice of it to the applicant, and the invention will acquire the right to provisional protection between the date of application and the date of sealing the patent. (In place of the provisional specification, the applicant can send a complete specification with his application, the acceptance of which will give him all the rights and privileges as if his patent was sealed on the day of the acceptance, except instituting a proceeding for infringement.) After acceptance of the application, the applicant must prepare, according to the form given in the First Schedule of the Act, his complete specification, which bears a £3 stamp, and leave or send it at or to the Patent Office within nine months from the date of application, or his application will be deemed abandoned. The Comptroller shall then refer the complete specification to an Examiner to report whether it has been prepared in the prescribed manner, and whether the invention particularly described in it is the same as that in the provisional specification. If this is not so the Comptroller can require amendments, subject to an appeal from him to the Law Officer. Unless the complete specification is accepted within twelve months from the date of application, then prejudice to letters patent to be granted; this provisional protection is to be advertised in the London Gazette. (In place of the provisional specification, the inventor can deposit a complete specification, which will confer the same right for six months as under letters patent.) The applicant must then give notice at the office of the Commissioners of his intention to proceed with his application, which shall be advertised in the London Gazette. (The certificate of the record of such notice bears a £5 stamp.) This notice must be given after he has obtained provisional protection, and within four calendar months from the date of his application. Any one can oppose the application by leaving particulars in writing of their objections at the office of the Commissioners. (The certificate of record of such notice of objections bears a £2 stamp.) Such specifications and objections will be referred to the Law Officer after the time for making such has passed, and the Law Officer then decides the case, and may cause the warrant to be made out for sealing the letters patent, which bears a £5 stamp. The application for this warrant must be made twentyone days at least before the expiration of six calendar months from the date of application. The Commissioners shall, so soon after the sealing (except in the case of an appeal) the application becomes void. On acceptance of the complete specification the Comptroller shall advertise the acceptance, and the application, specification, and drawings, if any, shall be open to the public. This acceptance will give the applicant all the rights and privileges as if his patent had been sealed then, except instituting an action for infringement. Any one may, within two months of the date of the advertisement of the acceptance, give notice at the Patent Office of opposition to the grant of the patent, on any of the following grounds-viz., that the applicant had obtained the invention from him, or a person of whom he is the legal representative; or that the invention has been previously patented in this country, or is the same as that comprised in a previous application. When this notice is given, the Comptroller shall give notice of the opposition to the applicant; and shall, at the expiration of these two months, after hearing both sides, decide whether the grant ought or ought not to be made, subject to an appeal to the Law Officer. Where there is no opposition, or the determination is in favour of the applicant, the Comptroller shall cause the patent to be sealed with the seal of the Patent Office; of this warrant as the applicant requires, (such application to be made to seal such letters within three months after the date of the warrant), cause to be prepared letters patent according to the term of the warrant; which the Lord Chancellor shall cause to be sealed with the Great Seal of the United Kingdom. The letters patent are in the form of the Schedule of 15 & 16 Vict. c. 83, and bear a £5 stamp. They bear date as of day of application, or, where Lord Chancellor or Law Officer thinks fit, they will be dated as of the day of sealing, or any other day before those dates. The letters patent are void if the complete specification is not lodged at the office of the Commissioners within six months. Where the applicant dies during the continuance of the provisional protection, such letters patent may be granted to the executors or administrators of such applicant within three months of his death, notwithstanding the expiration of the term of the provisional protection. Where the complete specification has not been lodged within six months after the sealing through accident, and not wilful neglect or default of the applicant, the Lord Chancellor can extend the time for one month. b such sealing shall be within fifteen months from the date of the application, except in case of an appeal to the Law Officer, or opposition to the grant, when it may be sealed at such time as the Law Officer directs; or in case of the applicant dying before the expiration of the fifteen. months, when the patent may be granted to his legal representative within twelve months of such death. Every patent is dated and sealed as of the day of application. The following are the alterations effected in the old procedure by the new Patents Act, 1883 1. Power is taken for the provision of a new Patent Office (s. 82). 2. The substitution of a seal for the Patent Office, in place of the wafer seal now used in lieu of the Great Seal (s. 84). 3. The appointment of a Comptroller-General of Patents, acting under the Board of Trade, to control all proceedings relating to the grant of a patent, with a staff of examiners under him (s. 83). 4. The limitation of a patent to one invention only, with a proviso that it shall not be competent in any action to object to a patent on the ground that it comprises more than one invention (s. 33). 5. The extension of provisional protection from six months to the period from the application to the sealing of the patent (s. 14). 6. The complete specification must contain a distinct statement of the claims; this will be useful for indexing and reference (s. 5). 7. The deposit of the complete specification before the grant of the patent, which must be made within nine months from the date of application, with a provisional specification (s. 8). 8. The extension of the first term of the patent from three to four years. 9. An appeal to the Law Officer from the Comptroller in certain matters relating to the grant of a patent. 10. Anybody may apply for a patent, whether a British subject or not, and a patent may be granted to two or more persons jointly (s. 4). II. Where an applicant for a patent dies before the expiration of fifteen months from the date of application the patent may be granted to his legal representative, and sealed any time within twelve months of the death of the applicant (s. 12). 12. Also, if a person possessed of an invention dies before making an application, application may be made by, and a patent granted for such invention to his legal representative (s. 34). 13. In the case of more than one application for a Patent for the same invention, the sealing of a patent on one application shall not prevent the sealing of a patent on an earlier application (s. 13). 14. Where the Examiner reports that two applications have been made for a patent for the same invention, the Comptroller, subject to an appeal to the Law Officer, can refuse to seal a patent on the second application (s. 7). 15. In the case of non-payment of fees within the proper time, a penalty is fixed for enlargement of the time for so doing in certain cases (s. 17). 16. Power to disclaim during an action for infringement by leave of the Court, and to give such disclaimer in evidence, but not to obtain damages in such a case without the leave of the Court (ss. 19, 20). 17. Enforcing the grant of licenses in certain cases (s. 22); but this does not apply to existing patents (s. 45). 18. There is to be only one Register of Patents (s. 23). The Register of Proprietors to be discontinued, and copies of deeds, &c., hitherto copied therein to be supplied by parties interested (s. 87). 19. There is no provision made in the Act for a confirmation of a patent by the Privy Council where a patentee is not the real and first inventor, although believing himself to be such, when he obtained his patent, as was formerly the case under 5 and 6 Will. IV., c. 83. 20. Certain principles for the guidance of the Privy Council in cases of extension of patents are laid down (s. 25). 21. Scire facias is abolished, and an action for revocation of a patent substituted (s. 26). 22. There is no mention in the Act of an English patent ceasing on the expiration of a foreign patent for the same invention granted to the same person, as was formerly the case. 23. The Crown is now bound by the grant of a patent, although it may use the patented article by the officers of its Departments, their agents, contractors and others, on compensating the patentee for such use (s. 27). Existing patents are excepted from this section (s. 45). 24. In legal proceedings every case is to be tried before a judge alone without a jury, unless otherwise ordered; and also an assessor may be called in by either party, or by the Court, to help to try the case This is equally the case before the Court of Appeal and Privy Council (s. 28). And these provisions apply to Scotland (s. 107). 25. In case of groundless threats of legal proceedings a remedy is provided (s. 32). 26. The assignment of a patent may be for any part of the United Kingdom (s. 36). 27. The periodical issue of an illustrated journal of patented inventions and reports of patent cases (s. 40). 28. The transfer of the Patent Museum to the Department of Science and Art, with power to require models on paymeut to patentees (ss. 41, 42). 29. All documents may be sent by post under this Act (s. 97). 30. Certain days not to count in computing time for leaving documents (s. 98). 31. A provision for any declaration to be made under this Act by an infant or lunatic (s. 99). 32. The Board of Trade to have power to make Rules (s. 101). 33. Power to join any International Union for reciprocal protection of patents (s. 103). 34. Power to join any British possession in the reciprocal protection of patents (s. 104). 35. The false representation of an article as patented, and the use of the Royal Arms without authority in connection with any trade, business, or profession, is made an offence (ss. 105, 106). |
