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There is a similar provision in regard to the Rules: see SECTS. 98, Rule 16.
as to days leaving
98. Whenever the last day fixed by this Act, or by Provision any rule for the time being in force, for leaving any focuments document or paying any fee at the Patent Office shall at office. fall on Christmas Day, Good Friday, or on a Saturday or Sunday, or any day observed as a holiday at the Bank of England, or any day observed as a day of public fast or thanksgiving, herein referred to as excluded days, it shall be lawful to leave such document or to pay such fee on the day next following such excluded day or days if two or more of them occur consecutively.
99. If any person is, by reason of infancy, lunacy, or Declaration other inability, incapable of making any declaration or lunatic, &c. doing anything required or permitted by this Act or by any rules made under the authority of this Act, then the guardian or committee (if any) of such incapable person, or if there be none, any person appointed by any court or judge possessing jurisdiction in respect of the property of incapable persons, upon the petition of any person on behalf of such incapable person, or of any other person interested in the making such declaration or doing such thing, may make such declaration or a declaration as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of such incapable person, and all acts done by such substitute shall for the purposes of this Act be as effectual as if done by the person for whom he is substituted.
sion of certified printed copies of specifications, &c.
So far as this section has reference to trade marks, it is based upon Rule 67 of the Rules of 1883 made under the Act of 1875.
100. Copies of all specifications, drawings, and amendments left at the Patent Office after the commencement of this Act, printed for and sealed with the seal of the Patent Office, shall be transmitted to the Edinburgh Museum of Science and Art, and to the Enrolments Office of the Chancery Division in Ireland, and to the Rolls Office in the Isle of Man, within twenty-one days after the same shall respectively have been accepted or allowed at the Patent Office; and certified copies of or extracts from any such documents shall be given to any person requiring the same on payment of the prescribed fee; and any such copy or extract shall be admitted in evidence in all courts in Scotland and Ireland and in the Isle of Man without further proof or production of the originals.
This section is based upon 16 & 17 Vict., c. 115, sect. 5, which, however, was applicable to patents only; the language of the above section is wide enough to include designs and trade marks as well, but probably this is not intended.
In respect of trade marks in classes of textiles from class 23 to class 35, a branch office exists at Manchester where searches may be made Instruction 38.
As to admission of certified copies of entries, &c., as evidence, see sect. 89.
101. (1.) The Board of Trade may, from time to time, make such general rules and do such things as
they think expedient, subject to the provisions of this SECT. 101. Act
(a.) For regulating the practice of registration under rules for this Act:
classifying goods and regulating
(b.) For classifying goods for the purposes of business designs and trade marks :
(c.) For making or requiring duplicates of specifications, amendment, drawings, and other documents.
(d.) For securing and regulating the publishing and selling of copies, at such prices and in such manner as the Board of Trade think fit, of specifications, drawings, amendments, and other documents:
(e.) For securing and regulating the making, printing, publishing, and selling of indexes to, and abridgments of, specifications and other documents in the Patent Office; and providing for the inspection of indexes and abridgments and other documents:
(f.) For regulating (with the approval of the Treasury) the presentation of copies of Patent Office publications to patentees and to public authorities, bodies, and institutions at home and abroad:
(g.) Generally for regulating the business of the Patent Office, and all things by this Act placed under the direction or control of the Comptroller, or of the Board of Trade.
(2.) Any of the forms in the first schedule to this Act may be altered or amended by rules made by the Board as aforesaid.
(3.) General rules may be made under this section
of Patent Office.
SECT. 101. at any time after the passing of this Act, but not so as to take effect before the commencement of this Act, and shall (subject as hereinafter mentioned) be of the same effect as if they were contained in this Act, and shall be judicially noticed.
(4.) Any rules made in pursuance of this section shall be laid before both Houses of Parliament, if Parliament be in session at the time of making thereof, or, if not, then as soon as practicable after the beginning of the then next session of Parliament, and they shall also be advertised twice in the official journal to be issued by the Comptroller.
(5.) If either House of Parliament, within the next forty days after any rules have been so laid before such House, resolve that such rules or any of them ought to be annulled, the same shall after the date of such resolution be of no effect, without prejudice to the validity of anything done in the meantime under such rules or rule or to the making of any new rules or rule.
Under the Act of 1875, sect. 7, the power of making rules was vested in the Lord Chancellor.
(a.) Practice of registration: see Rules 7-16.
(b.) Classification of goods: see Rule 6 and third schedule.
Form F in the schedule has been withdrawn and a new form substituted see Rule 4 and the second schedule to the Rules.
Commencement of the Act was Dec. 31, 1883: sect. 3.
The annual reports of the Comptroller, which are to be laid before both Houses of Parliament, are to contain the general rules made during the preceding year: see sect. 102.
102. The Comptroller shall, before the first day of Annual June in every year, cause a report respecting the Comp troller. execution by or under him of this Act to be laid before both Houses of Parliament, and therein shall include for the year to which each report relates all general rules made in that year under or for the purposes of this Act, and an account of all fees, salaries, and allowances, and other money received and paid under this Act.
International and Colonial Arrangements.
103. (1.) If her Majesty is pleased to make any Internaarrangement with the government or governments of arrangeany foreign state or states for mutual protection of protection inventions, designs, and trade marks, or any of them, tions, then any person who has applied for protection for trade any invention, design, or trade mark in any such state, shall be entitled to a patent for his invention or to registration of his design or trade mark (as the case may be) under this Act, in priority to other applicants; and such patent or registration shall have