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Invention

without Pre

judice to subsequent Letters Patent.

which the Application for the Letters Patent shall be made; and the
Day of the Delivery of any such Petition, Declaration, and Specifica-
tion shall be recorded at the said Office, and endorsed on such Petition,
Declaration, and Specification, and a Certificate thereof given to such
Applicant or his Agent; and thereupon the said Invention shall be 5
provisionally protected for the Term of Six Months from the Date
of the Application for the said Letters Patent, and the Period of such
provisional Protection may be extended as herein-after mentioned,
for a further Period not exceeding the Term of Three Months: Pro-
vided also, that a Copy of every such Specification shall be open to 10
the Inspection of the Public, as herein-after provided, from the Time
of depositing the same, subject to such Regulations as the Commis-
sioners may make: Provided also, that such Specification, and no
other, shall be filed, and deemed to be the Specification filed in pur-
suance of the Proviso in any Letters Patent granted for the said 15
Invention.

VII. The Invention so provisionally protected may be used and may be used published without Prejudice to Letters Patent to be granted during the Period of such provisional Protection; and such Letters Patent may be sealed and bear Date as of the Day of the Application for 20 the same, and shall be of the same Force and Validity as if the same had been granted on the Day of the Application for the same, notwithstanding any Use or Publication of the said Invention so provisionally protected in the Interval between the Application for and the actual granting of the said Letters Patent. Provided always, 25 that such Letters Patent shall be of no Force and Effect in case the same be not granted during the Subsistence of the said provisional Protection: Provided also, that no Proceedings at Law or in Equity shall be had upon such Letters Patent in respect of any Infringement committed before the same were actually granted: Provided 30 also, that Letters Patent for any Invention provisionally registered in pursuance of "The Protection of Inventions Act, 1851," may be sealed and bear Date as of the Day of such provisional Registration.

Advertise

VIII. The Applicant for Letters Patent, so soon as he may 35 ment of and think fit, after the Invention shall have been so provisionally Oppositions to Applica- protected as aforesaid, may give Notice at the Office of the tion, and Commissioners of his Intention of proceeding with his ApplicaReport of Examiners to tion for Letters Patent for the said Invention, and thereupon the Law Officer said Commissioners shall cause his said Application to be advertised 40 in such Manner as they may see fit; and any Persons having an Interest in opposing the Grant of Letters Patent for the said

thereon.

Invention

:

Invention shall be at liberty to leave at the Office of the Commissioners Particulars in Writing of their Objections to the said Application, within such Time and subject to such Regulations as the Commissioners may direct; and so soon as the Time for the Delivery 5 of such Objections shall have expired, the Provisional Specification and Particulars of Objection (if any) shall be referred to One or more of the Examiners appointed under the Provisions of this Act, and such Examiner or Examiners, having inquired (subject to such Regulations as the Commissioners may from Time to Time make) 10 into the Novelty of the said Invention, and the Objections (if any) to the granting of the said Letters Patent, shall report. thereon to the Law Officer to whom the Application may be referred; and the Applicant and Opponents (if any) respectively shall be entitled to a Copy of such Report, subject to such Regulations as the Commis15 sioners may think fit.

and Power to

IX. It shall be lawful for any Person who may deem himself Appeal to aggrieved by reason of any Proceeding in respect of any Provisional Law Officer, Specification, or the giving or refusing of any Certificate as aforesaid, give Costs, or by reason of any Report of the Examiner or Examiners, to appeal 20 to the Law Officer to whom the said Application is referred; and it shall be lawful for such Law Officer to hear such Appeal, and to make such Order thereon as may appear to him just, and to alter, vary, or amend any Title, Provisional Specification, Certificate, or Report accordingly; and it shall be lawful for such Law Officer to refer any 25 such Report back again to the Examiner or Examiners, or to refer it to any other Examiner or Examiners or Person or Persons he may think fit, and to order by and to whom the Costs of and occasioned by such Appeal and Reference are to be paid, and in what Manner and by whom the Amount of such Costs are to be ascertained; and 30 if such Costs shall not be paid within Four Days after the Amount thereof shall have been ascertained, it shall be lawful for such Law Officer to make an Order for the Payment of same, and every such Order shall have the Effect of a Judgment in the Superior Courts of Common Law, and may be enforced in the Manner provided by the 35 Act of the First and Second Year of Her present Majesty, Chapter One hundred and ten.

for sealing of

X. It shall be lawful for the Law Officer, on the Receipt of the Warrant of said Report, and after hearing any Person who may deem himself Law Officer aggrieved thereby, to cause a Warrant to be made for the sealing of Patent, with 40 Letters Patent for the said Invention, and such Warrant shall set all usual forth the Tenor and Effect of the Letters Patent thereby authorized Limitation to be granted, and such Law Officer shall direct the Insertion in of Time for such Letters Patent of all such Restrictions, Conditions, and Provi- ters Patent. issuing Let

502.

B

soes

Clauses.

Letters Patent to be

soes as he may deem usual and expedient in such Grants, or requi-
site and necessary in pursuance of the Provisions of this Act; and
the said Warrant, signed by the Law Officer, shall be deposited in
the Great Seal Patent Office, and shall be the Warrant for the
making and sealing of Letters Patent for the United Kingdom of 5
Great Britain and Ireland, the Channel Islands and Isle of Man, as
herein-after mentioned, and shall be a sufficient Authority for caus-
ing such Letters Patent to be made and issued according to the
Tenor of the said Warrant; and no Bill, Signet Bill, or Privy Seal
Bill, Writ of Privy Seal, or other Warrant or Authority whatsoever, 10
save as herein provided, shall be necessary for or preparatory to the
passing of such Letters Patent as aforesaid, the Act of the Twenty-
seventh Year of King Henry the Eighth, Chapter Eleven, or any
other Law, or any Usage, to the contrary notwithstanding: Provided
always, that the Lord Chancellor shall and may have and exercise 15
such Powers, Authority, and Discretion in respect to the said War-
rant, and the Letters Patent therein directed to be made, as he has
heretofore had and exercised with respect to the Privy Seal Bill, and
the making and issuing of Letters Patent for Inventions: Provided
also, that no Letters Patent shall issue on any Warrant granted as 20
aforesaid unless Application be made to the Lord Chancellor to seal
such Letters Patent within Three Months after the Date of the said
Warrant.

XI. All Letters Patent for Inventions granted under the Promade subject visions of this Act shall be made subject to the Condition that the 25 to Avoidance same shall be void, and that the Powers and Privileges thereby ment of cer- granted shall cease and determine, at the Expiration of Three Years

on Nonfulfil

tain Con

ditions.

Three Transcripts of Letters Patent

and Seven Years respectively from the Date thereof, unless there be
paid in respect of such Letters Patent, before the Expiration of the
said Three and Seven Years respectively, or at such Time as may 30
be therein provided, the Sum or Sums of Money and Stamp Duties
in the Schedule to this Act annexed; and the Payment of the said
Sums of Money and Stamp Duties respectively shall be endorsed on
the Warrant for the said Letters Patent; and the Clerk of the
Patents shall give a Certificate of such Payment, and shall endorse 35
a Receipt for the same on any Letters Patent issued under the
Authority of the said Warrant; and such Certificate, duly stamped,
shall be Evidence of the Payment of the several Sums respectively:
Provided also, that such Letters Patent may be made subject to such
other Conditions for rendering the same void or voidable as to Her 40
Majesty may seem fit.

XII. The Clerk of the Patents, so soon after the Receipt of the said Warrant as required by the Applicant for the said Letters Patent,

Seals.

Patent, shall issue Three Transcripts of Letters Patent to be passed to be issued for passing under the Great Seal, the Seal appointed to be used instead of the under the Great Seal of Scotland, and the Great Seal of Ireland respectively; respective and the Letters Patent to be passed under the said Great Seal shall 5 relate and extend to England, the Dominion of Wales, the Town of Berwick-upon-Tweed, the Channel Islands and Isle of Man; and the Letters Patent to be passed under the Seal appointed to be used instead of the Great Seal of Scotland shall relate and extend to Scot land; and the Letters Patent to be passed under the Great Seal of 10 Ireland shall relate and extend to Ireland; and the Lord Chancellor and Keeper of the said several Seals respectively are hereby authorized and empowered to cause the said Letters Patent to be sealed and bear Date as of the Day of Application for the same; and in case of any Invention provisionally registered under "The Protection 15 of Inventions Act, 1851," it shall be lawful for the Lord Chancellor to cause Letters Patent for such Invention to be sealed and bear Date as of the Day of such provisional Registration: Provided always, that it shall be lawful for the Lord Chancellor to cause the Letters Patent under the Great Seal to bear Date as of the Day of 20 sealing, or as of such other Day between the Day of the Application for and the sealing of the same, or, in case of an Invention provisionally registered as aforesaid, of such other Day between the Day of such provisional Registration and the Day of sealing as to the Lord Chancellor may seem fit: Provided also, that the Letters Patent issued 25 under the Seal appointed to be used instead of the Great Seal of Scotland and under the Great Seal of Ireland shall be sealed and bear Date as of the same Day as the Letters Patent issued under the said Great Seal: Provided also, that in case any such Letters Patent shall be destroyed or lost, other Letters Patent of like Tenor and 30 Effect may be issued under the Authority of the said Warrant, subject to such Regulations as the Commissioners may direct.

"

issued in

XIII. It shall be lawful for any Person to whom Letters Patent Letters Paat the Time of the passing of this Act may have been granted under tent extending to Scotthe Great Seal in respect of any Invention, but to whom Letters land and Ire35 Patent shall not have been granted for Scotland or Ireland for the land may be said Invention, in case the said Invention may not have been used or certain Cases. published within Scotland or Ireland at the Time of the making of the Application herein-after mentioned, to petition Her Majesty for the Grant of Letters Patent for the United Kingdom of Great Britain 40 and Ireland, the Channel Islands and Isle of Man, under the Provisions of this Act, and thereupon it shall be lawful for Her Majesty to cause Letters Patent to be issued in the Manner herein-after mentioned, and to be sealed and bear Date as of the same Day on which the Letters Patent under the Great Seal bear Date, without the Pay: 502.

ment

1

Use of Invention

abroad to

ment of any Fees whatsoever, but subject to the Payments on or before the Expiration of the Third and Seventh Years respectively as herein-after provided: Provided always, that on the issuing of the said new Letters Patent the original Letters Patent under the Great Seal shall be thenceforth void and of no Force or Effect.

5

XIV. The Use or Publication in any Foreign Country, or in any of Her Majesty's Colonies, Dominions, or Possessions abroad, of any have the like Invention, before the Date of any Letters Patent to be granted for such Invention under the Great Seal, the Seal appointed to be used instead of the Great Seal of Scotland, or the Great Seal of Ireland, 10

Effect on Letters Pa

tent as Use or Publication in

dom, &c.

in

in pursuance of any Petition presented after the Commencement of

United King- this Act, shall have the like Effect with respect to such Letters Patent as if such Use or Publication had taken place in the United Kingdom of Great Britain and Ireland, the Channel Islands or Isle of Man, or the Part thereof for which such Letters Patent may be 15 granted.

Specifica.

tions and

XV. All Specifications deposited at the Great Seal Patent Office, or filed in pursuance of any Condition contained in any Letters Drawings to be preserved. Patent granted as aforesaid, shall be preserved in such Manner and subject to such Regulations as the Commissioners may from Time 20 to Time direct; and in case Reference shall be made to Drawings in any Provisional Specification, or Specification deposited or filed, an extra Copy of such Drawings shall be left with such Specification at the Great Seal Patent Office.

Copies of Specifications to be open to Inspection.

Indices to be made.

Specifications to be printed and published.

XVI. The Commissioners shall cause true Copies of all Specifi- 25 cations deposited or filed as aforesaid, and of all Disclaimers, and Memoranda of Alterations in such Letters Patent and Specifications, and of all Provisional Specifications after the Term of the provisional Protection of the said Invention shall have expired, to be open to the Inspection of the Public at the Office of the Commissioners, and at an 30 Office in Edinburgh and Dublin respectively, at all reasonable Times, subject to such Regulations as the Commissioners may direct,

XVII. The Commissioners shall cause Indices to all Specifications, Disclaimers, and Memoranda of Alterations heretofore enrolled, to be prepared in such Form as they may think fit, and shall cause Copies 35 of such Specifications, Disclaimers, Memoranda of Alterations, and Indices, to be deposited at the Great Seal Patent Office, or at such Office as they may appoint or provide for that Purpose; and the Commissioners, so soon as they are able, shall cause all such Specifications, Disclaimers, and Memoranda of Alterations to be printed, 40 published, and sold in such Manner and at such Prices as they may

see

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