(a.) “Correct any clerical error in, or in connection with, an application for a patent; or style, or address of the registered proprietor of a patent.” “If any person makes, or causes to be made, Falsification of Register, , produced or tendered in evidence any such writing, knowing the entry or writing to be false, he shall be guilty of a misde meanor.? hand of the Comptroller as to any entry, left undone." prietors kept under any enactment re- CHAPTER XIII. REVOCATION. S. 26 (1.) “The proceeding by scire facias to repeal a patent is hereby abolished. (2.) “ Revocation of a patent may be obtained on petition to the Court. (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 “ Every ground on which a patent might, at the commencement of this Act, be repealed by scire facias shall be available by way of defence to an action of infringement, and shall also be a ground of revo cation. (4.) “A petition for revocation of a patent may be presented by- , (a.) The Attorney-General in England or Ire land, or the Lord-Advocate in Scotland : (b.) Any person authorized by the Attor ney-General in England or Ireland, or the Lord-Advocate in Scotland. (c.) Any person alleging that the patent was obtained in fraud of his rights, or of the rights of any person under or through whom he claims : (d.) Any person alleging that he, or any person under or through whom he claims, was the true inventor of any invention included in the claim of the patentee : (e.) Any person alleging that he, or any person under or through whom he claims an interest in any trade, business or manufacture, had publicly manufactured, used, or sold, within this realm, before the date of the patent, anything claimed by the patentee as his invention. (5.) “ The plaintiff must deliver with his petition particulars of the objections on , except by leave of the Court or a delivered. time to time amended by leave of the Court or a Judge. and give evidence in support of the patent, defendant shall be entitled to reply. the ground of fraud, the Comptroller may, patent was granted.” It is open to the patentee to disclaim at any time in a Disclaimer. proceeding for revocation by leave of the Court or Judge, under section 19 (see p. 76). As to interrogatories and inspection of documents see chap. xvi. pt. 2. The old grounds referred to in section 26 (3), on which a scire facias would lie, are laid down in Coke's 4th Institute, p. 87, as three-viz. : 1. Where a second patent had been granted for the same thing as a prior patent. 2. Where a patent has been obtained in fraud. 3. Where a patent is not legally valid. CHAPTER XIV. EXTENSION OF TERM OF PATENT. Petition. SECTION 25 enacts— (1.) “A patentee may, after advertising 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 ex piration of the patent. (2.) Any person may enter a caveat, ad dressed 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 2 Caveat. Hearing. 1 The advertisement required under section 4 of 5 & 6 Will. IV. c. 83 (which is repealed by the Patents Act, 1883, and substantially re-enacted by section 25, sub-section (1) of that Act set out above), was in the London Gazette three times; and in three London papers; and three times in some county paper published in the town where, or near to which, the patentee carried on any manufacture, or published in the county where he carried on such manufacture, or where he lives, in the case there shall not be any paper published in such town. It is concluded the advertisement alluded to in section 25, sub-section (1), above will be of like nature. 2 “ Caveat” is defined as “meaning anything in the nature of an opposition at any stage (per Lord Cairns, in re Somerset’s Patent, L.R. 13 Ch.D. 399 n. (1879) ). ceedings to be heard by himself or by counsel on the petition.” to make, from time to time, Rules of practice for pro- Judicial Committee. PRIVY COUNCIL. Rules in Patent Cases before the Judicial Committee, made under the Act 5 & 6 Will. IV. c. 83. Rule II.-A party intending to apply by petition, under section 4 of the said Act (now by section 25 of the Patents Act of 1883), shall, in the advertisements directed to be published by the said section, give notice of the day on which he intends to apply for a time to be fixed for hearing the matter of his petition (which day shall not be less than four weeks from the date of the publication of the last of the advertisements to be inserted in the London Gazette), and that on or before such day caveats must be entered ; and any person intending to enter a caveat shall enter the same at the Council Office, on or before such day so named in the said advertisements; and having entered such caveat, shall be entitled to have from the petitioner four weeks' notice of the time appointed for the hearing. Rule III.—Petitions under section 4 of the said Act (now section 25 of the Patents Act of 1883) must be presented within one week from the insertion of the last of the advertisements required to be published in the London Gazette. Rule IV.-All petitions must be accompanied by affidavits of advertisements having been inserted according to the provisions of section 4 of the said Act (now section 25, subsection (I), of the Patents Act, 1883), and Rule II. of these |
