31. In an action for infringement of a patent', the Court or a Judge may certify that the validity of the patent came in question; and if the Court or a Judge so certifies, then in any subsequent action for infringement the plaintiff in that action, on obtaining a final order or judgment in his favour, shall have his full costs, charges and expenses as between solicitor and client, unless the Court or Judge trying the action certifies that he ought not to have the same.

32. Where any person claiming to be the patentee of an invention, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of any alleged manufacture, use, sale or purchase of the invention, any person or persons aggrieved thereby may bring an action against him, and may obtain an injunction against the continuance of such threats, and may recover such damage (if any) as may have been sustained thereby, if the alleged manufacture, use, sale or purchase to which the threats related was not in fact an infringement of any legal rights of the person making

1 This must mean when the patentee succeeds in the action. (See the repealed provisions 5 and 6 Will. IV. c. 83, s. 3, where it is expressly so provided; but strangely enough, this limitation is not in the corresponding section 13 of the (also repealed) Act 15 and 16 Vic. c. 83.)

Part II. Patents.

Patent for one invention only.

Patent on application of

of deceased

inventor.

such threats: Provided, that this section shall not apply if the person making such threats with due diligence commences and prosecutes an action for infringement of his patent.1 Miscellaneous.

33. Every patent may be in the form in the first schedule to this Act, and shall be granted for one invention only, but may contain more than one claim; but it shall not be competent for any person in an action or other proceeding to take any objection to a patent on the ground that it comprises more than one invention.

34. (1.) If a person possessed of an invenrepresentative tion dies without making application for a patent for the invention, application may be made by, and a patent for the invention granted to his legal representative.

Patent to first

inventor not

(2.) Every such application must be made within six months of the decease of such person, and must contain a declaration by the legal representative, that he believes such person to be the true and first inventor of the invention.

35. A patent granted to the true and first invalidated by inventor shall not be invalidated by an fraud of him. application in fraud of him, or by provisional

application in

1

This is a new provision and of very doubtful utility, though it may give rise to very considerable annoyance and litigation.

protection obtained thereon, or by any use or publication of the invention subsequent to that fraudulent application during the period of provisional protection.

Part II. Patents.

for particular

36. A patentee may assign his patent for Assignment any place in or part of the United Kingdom, places. or Isle of Man, as effectually as if the patent were originally granted to extend to that place or part only.1

37. If a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the comptroller, the comptroller may at any time cause a duplicate thereof to be sealed.

Loss or de

struction of

patent.

and costs

officer.

38. The law officers may examine wit- Proceedings nesses on oath and administer oaths for that before law purpose under this 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.2

1 This is a new provision, and will most probably prove very useful and beneficial to patentees.

This provision is very large, and suggests the idea that many law officers may be necessary to carry the Act

Part II. Patents.

Industrial or International Exhibition not to prejudice patent rights.

39. The exhibition of an invention at an Exhibition at industrial or international exhibition, certified as such by the Board of Trade, or the publication of any description of the invention during the period of the holding of the exhibition, or the use of the invention for the purpose of the exhibition in the place where the exhibition is held, or the use of the invention during the period of the holding of the exhibition by any person elsewhere, without the privity or consent of the inventor, shall not prejudice the right of the inventor or his legal personal representative to apply for and obtain provisional protection and a patent in respect of the invention or the validity of any patent granted on the application, provided that both the following conditions are complied with, namely:

(a.) The exhibitor must, before exhibiting the invention, give the comptroller the prescribed notice of his intention to do so; and

(b.) The application for a patent must be made before or within six months from the date of the opening of the exhibition.

into effect, it seems indeed hardly probable that the Act can be efficiently carried into effect without one or more permanent law officers, appointed exclusively for the business of the Patent Office.

Part II.
Patents.

Publication of

journal,

40. (1.) The comptroller shall cause to be issued periodically an illustrated journal of patented inventions, as well as reports of illustrated patent cases decided by Courts of law, and any other information that the comptroller may deem generally useful or important.1

(2.) Provision shall be made by the comptroller for keeping on sale copies of such journal, and also of all complete specifications of patents for the time being in force, with their accompanying drawings, if any."

(3.) The comptroller shall continue in such form as he may deem expedient, the indexes and abridgments of specifications hitherto published, and shall from time to time prepare and publish such other indexes, abridgments of specifications, catalogues, and other works relating to inventions, as he may see fit.

indexes, &c.

Museum.

41. The control and management of the Patent existing Patent Museum and its contents shall, from and after the commencement of this Act, be transferred to and vested in the Department of Science and Art, subject to such directions as Her Majesty in Council may see fit to give.

1 This, no doubt, means such cases as he thinks necessary to be reported. It is not clear who is to furnish the reports to the comptroller. Is he to employ a staff of reporters ?

It is strange that provisional specifications are not included in this provision.

E