ARRANGEMENT OF CLAUSES. Her Majesty empowered to grant Letters Patent as after mentioned, "notwithstanding 18 H. 6. c. 1., 6 H. 8. c. J 1., 13 Eliz. c. 6. ; Sect. 1. Constitution of Commissioners, of whom Three may act, the Lord Chancellor or Master of the Rolls being One; 2. Commissioners to appoint Examiners, Officers, &c., make Rules, and report annually to Parliament; 3. Petition and Declaration to be accompanied with a Provisional Specification; 4. Provisional Protection for limited Period from the Day of presenting Petition; 5. Specification may be left with Petition and Declaration; 6. Inventions provisionally protected may be used and published, without Prejudice to subsequent Letters Patent; 7. Application for Letters Patent to be advertised, and Examiners to report on Invention to Law Officer; 8. Appeal to Law Officer; Power to give Costs; 9. A Warrant signed by Law Officer to be sufficient Authority for sealing Letters Patent; no Letters Patent to be granted unless sued out within Three Months after Date of Warrant; 10. Letters Patent to be made subject to Avoidance on Non-fulfilment of certain Conditions; 11. Transcript of Letters Patent to be made by Clerk of Patents, and sealed accordingly; 12. Existing Letters Patent extended to Scotland or Ireland; 13. The Use of Invention abroad to have the like Effect on Letters Patent as Use or Publication in United Kingdom, &c.; 14. Specifications and Drawings to be filed; extra Copies of Drawings to be left; 15. Copies of Specifications to be open to Inspection; 16. Indices to existing Specifications, &c. to be prepared, and also Copies of such Specifications to be made; Specifications to be printed and published; 17. 502. a Enrolments Enrolments, &c. may be removed to any Office or Place appointed by Commissioners; Commissioners to provide a Seal for such Office or Place of Deposit, and Documents sealed therewith to be received in Evidence without Production of the Original; 18. Register of Patents to be kept; 19. Register of Proprietors to be kept; 20. Making false Entry in Register of Proprietors a Misdemeanor; 21. Entries may be expunged and varied; 22. Provisions of 5 & 6 W. 4. c. 83., 7 & 8 Vict. c. 69., as to Disclaimers, extended to this Act; 23. Provisions of 5 & 6 W. 4. c. 83., 2 & 3 Vict. c. 67., 7 & 8 Vict. c. 69., Particulars to be expressed in Taxation for Costs; 26. Courts of Common Law may grant Injunction in case of Infringement; 27. Period of Provisional Protection may be extended; 28. Payments on account of Letters Patent, &c. to be according to the Schedule to this Act; Patent Fee Fund; 29. Salaries, &c. to be paid out of Patent Fee Fund; 30. Compensation for Fees and Emoluments, &c. abolished or interfered with by this Act; 31. Interpretation of Terms; 32. Short Title of Act; 33. SCHEDULE. A BILL INTITULED An Act for the further Amendment of the Law touching Letters Patent for Inventions. [Note.-The Words and Clauses printed in Italics are intended to be inserted in Committee.] W HEREAS it is expedient to amend the Law concerning Preamble. Letters Patent for Inventions: Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in 5 this present Parliament assembled, and by the Authority of the same, as follows: herein-after I. It shall be lawful for Her Majesty to grant Letters Patent for Her Majesty Inventions, and to cause the same to be made and issued, in the empowered to grant Manner herein-after mentioned, and to cause to be inserted therein Letters Pa10 all such Restrictions, Conditions, and Provisoes as Her Majesty tent as may think fit, or as may be requisite in pursuance of the Provi- mentioned. sions of this Act, and such Letters Patent shall be of the same Force and Effect as Grants of a like Nature heretofore made, anything in the Acts of the Eighteenth Year of King Henry the Sixth, 15 Chapter One, or of the Sixth Year of King Henry the Eighth, Chapter Eleven, or of the Thirteenth Year of Queen Elizabeth, Chapter Six, or any other Law, or any Usage, to the contrary notwithstanding. 502. A II. The Certain Persons consti tuted Commissioners, of whom Three may act. Commis sioners may appoint Examiners, Clerks. To make II. The Lord Chancellor, the Master of the Rolls, Her Majesty's Attorney General for England, Her Majesty's Solicitor General for England, the Lord Advocate, Her Majesty's Solicitor General for Scotland, Her Majesty's Attorney General for Ireland, and Her Majesty's Solicitor General for Ireland, for the Time being respectively, 5 together with such other Person or Persons as may be from Time to Time appointed by Her Majesty, as herein-after mentioned, shall be Commissioners of Patents for Inventions; and it shall be lawful. for Her Majesty from Time to Time, by Warrant under Her Royal Sign Manual, to appoint such other Person or Persons as She may 10 think fit to be a Commissioner or Commissioners as aforesaid; and every Person so appointed shall continue such Commissioner during Her Majesty's Pleasure; and all the Powers hereby vested in the Commissioners may be exercised by any Three or more of them, the Lord Chancellor or Master of the Rolls being One. 15 III. It shall be lawful for the Commissioners from Time to Time to appoint such Person or Persons for the Purpose of giving Certificates as herein-after mentioned, and also such Person or Persons as an Officers, and Examiner or as Examiners for the Purposes herein-after mentioned, and also such Persons as Officers, Clerks, and Servants, as may be 20 necessary for the Execution of the Powers hereby vested in the Commissioners under the Provisions of this Act, and at their Pleasure to revoke the Appointment of and to remove any Person or Persons so appointed, and to appoint others in lieu thereof; and Rules, to be it shall be lawful for the Commissioners from Time to Time to 25 laid before Parliament. provide or appoint such Place or Building as may be suitable and requisite for the Purposes herein referred to as the Office of the Commissioners, and to make such Rules (not inconsistent with the Provisions of this Act) respecting the Regulation of the said Office, and all Matters and Things which under the Provisions herein 30 contained are to be under their Control and Direction, as may appear to them necessary and expedient for the Purposes of this Act; and all such Rules shall be laid before both Houses of Parliament within Fourteen Days after the making thereof, if Parliament be sitting, and if Parliament be not sitting, then within Fourteen Days after the next 35 Meeting of Parliament; and the Commissioners shall cause a Report to be laid annually before Parliament of all the Proceedings under and in pursuance of this Act. To report annually to Parliament. Petition and to be accom IV. The Petition and Declaration for the Grant of Letters Patent Declaration for an Invention shall be left at the Great Seal Patent Office, and 40 panied with a there shall be left therewith a Statement in Writing, herein-after Provisional called the Provisional Specification, signed by or on behalf of the Applicant for Letters Patent, describing the Nature of the said Specification. Invention ; Invention; and every such Petition, Declaration, and Provisional Specification shall be marked with the same progressive consecutive Number, according to the Order in which the Application for the Letters Patent shall be made at the said Office; and the Day of 5 the Delivery of every such Petition, Declaration, and Provisional Specification shall be recorded at the said Office, and endorsed on such Petition, Declaration, and Provisional Specification, and a Certificate thereof given to such Applicant or his Agent; and Application every Application for Letters Patent shall be referred to One of the to be record10 Law Officers, subject to such Regulations as the Commissioners may ferred to think fit to make; and all such Petitions, Declarations, and Provi- Law Officer. sional Specifications shall be preserved in such Manner as the Commissioners may direct, and a Registry thereof and of all Proceedings thereon kept at the Office of the Commissioners. 15 ed, and re fication to be Examiners, tected. V. The Provisional Specification shall be referred to such Person The Provias the Commissioners may from Time to Time and for the Time sional Specibeing appoint for the Purpose of giving Certificates as herein-after referred to mentioned, and the Person to whom such Reference is made, being and Invensatisfied that the Provisional Specification describes the Nature of the tion provi20 Invention, shall give a Certificate in such Form as the Commis- sionally prosioners shall direct, and such Certificate being filed at the Great Seal Patent Office, the Invention therein referred to shall be provisionally protected for the Term of Six Months from the Date of the Application for Letters Patent for the said Invention; and such Period of 25 provisional Protection may be extended as herein-after mentioned for provisional a further Period not exceeding the Term of Three Months: Pro- may be exvided always, that in case the Title of the Invention or the Provi- tended. sional Specification be too large or insufficient, it shall be lawful for the Person to whom the same is referred to allow or require the 30 same to be amended: Provided also, that on the filing at the said Office of any Certificate of the Registrar of Designs under "The Protection of Inventions Act, 1851," the Invention to which such Certificate relates shall be provisionally protected under this Act from the filing of such Certificate. 35 Protection VI. The Applicant for Letters Patent for an Invention, instead of Specification leaving with the Petition and Declaration a Provisional Specification with Petition as aforesaid, may, if he thinks fit, leave with the said Petition and and Decla Declaration a Specification or Instrument in Writing under his Hand ration. and Seal, particularly describing and ascertaining the Nature of the 40 said Invention, and in what Manner the same is to be performed; and every such Petition, Declaration, and Specification shall be marked with a progressive consecutive Number according to the Order in which 502. |