19. (1.) In an action for infringement of a patent, and in a proceeding for revocation of a patent, the Court or a Judge may at any time order that the patentee shall, subject to such terms as to costs and otherwise as the Court or a Judge may impose, be at liberty to apply at the Patent Office for leave to amend his specification by way of disclaimer,' and may direct that in the meantime the trial or hearing of the action shall be postponed. 20. Where an amendment by way of disclaimer, correction or explanation, has been allowed under this Act, no damages shall be given in any action in respect of the use of the invention before the disclaimer, correction or explanation, unless the patentee establishes to the satisfaction of the Court that his original claim was framed in good faith and with reasonable skill and knowledge. Part II. Patents. Power to disclaim part during action, of invention Restriction on damages. recovery of 21. Every amendment of a specification Advertisement shall be advertised in the prescribed manner. Compulsory Licences. of amendment. Board to order grant of 22. If on the petition of any person Power for interested it is proved to the Board of Trade that by reason of the default of a patentee to grant licences on reasonable terms 1 This is a new provision, and will very probably be found to be a most valuable provision in favour of inventors. licences. Part II. Register of patents. (a.) The patent is not being worked in the United Kingdom; or (b.) The reasonable requirements of the public with respect to the invention cannot be supplied; or (c.) Any person is prevented from working or using to the best advantage an invention of which he is possessed, the Board may order the patentee to grant licences1 on such terms as to the amount of royalties, security for payment, or otherwise, as the Board, having regard to the nature of the invention and the circumstances of the case, may deem just, and any such order may be enforced by mandamus. Register of Patents. 23. (1.) There shall be kept at the Patent Office a book called the Register of Patents, wherein shall be entered the names and addresses of grantees of patents, notifications of assignments and of transmissions of patents, of licences under patents, and of amendments, extensions and revocations of patents, and such other matters affecting the validity or proprietorship of patents as may from time to time be prescribed. 1 This is a new provision, and will probably be found beneficial to inventors. (2.) The register of patents shall be primá facie evidence of any matters by this Act directed or authorised to be inserted therein.1 (3.) Copies of deeds, licences, and any other documents affecting the proprietorship in any letters patent or in any licence thereunder, must be supplied to the comptroller in the prescribed manner for filing in the Patent Office. Part II. Patents. Fees. 24. (1.) There shall be paid in respect of Fees in the several instruments described in the second schedule to this Act, the fees in that schedule mentioned, and there shall likewise be paid, in respect of other matters under this part of the Act, such fees as may be from time to time, with the sanction of the Treasury, prescribed by the Board of Trade; and such fees shall be levied and paid to the account of Her Majesty's Exchequer, in such manner as the Treasury may from time to time direct. (2.) The Board of Trade may from time to time, if they think fit, with the consent of the Treasury, reduce any of those fees. Extension of Term of Patent. schedule. 25. (1.) A patentee may, after advertising Extension of 1 See s. 90 as to rectification of register. term of patent on petition to Queen in Council. Part II. Patents. in manner directed by any rules made under this section his intention to do so, present a petition to Her Majesty in Council, praying that his patent may be extended for a further term; but such petition must be presented at least six months before the time limited for the expiration of the patent. (2.) Any person may enter a caveat, addressed to the Registrar of the Council at the Council Office, against the extension. (3.) If Her Majesty shall be pleased to refer any such petition to the Judicial Committee of the Privy Council, the said Committee shall proceed to consider the same, and the petitioner and any person who has entered a caveat shall be entitled to be heard by himself or by counsel on the petition. (4.) The Judicial Committee shall, in considering their decision, have regard to the nature and merits of the invention in relation to the public, to the profits made by the patentee as such, and to all the circumstances of the case. (5.) If the Judicial Committee report that the patentee has been inadequately remunerated by his patent, it shall be lawful for Her Majesty in Council to extend the term of the patent for a further term, not exceeding seven, or in exceptional cases, 14 years; or to order the grant of a new patent for the term therein mentioned, and containing any restrictions, conditions, and provisions that the Judicial Committee may think fit. (6.) It shall be lawful for Her Majesty in Council to make, from time to time, rules of procedure and practice for regulating proceedings on such petitions, and subject thereto such proceedings shall be regulated according to the existing procedure and practice in patent matters of the Judicial Committee. (7.) The costs of all parties of and incident to such proceedings shall be in the discretion of the Judicial Committee; and the orders of the Committee respecting costs shall be enforceable as if they were orders of a division of the High Court of Justice. Revocation. Part II. Patents. 26. (1.) The proceeding by scire facias to Revocation repeal a patent is hereby abolished. (2.) Revocation of a patent may be obtained on petition to the Court.1 (3.) Every ground on which a patent might, at the commencement of this Act, be repealed by scire facias, shall be available by way of of patent. 1 The Court means (subject to the provisions for Scotland, Ireland and the Isle of Man) Her Majesty's High Court of Justice in England. (See s. 117.) |