Warrant of
Law Officer
for sealing of
Patent.

Provisional Specification to be amended, or to refer any 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 Hearing
and Reference are to be paid, and in what Manner and by whom the 5
Amount of such Costs are to be ascertained, and generally to make
such Order upon such Hearing as to such Law Officer may seem
just; and such Certificate of the Law Officer shall be filed in like
Manner and be of the like Effect as if the same were the Certificate
of the Examiner to whom the Provisional Specification was referred; 10
and if any Costs so ordered to be paid be not 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 may be made a Rule of One of Her
Majesty's Superior Courts of Law at Westminster.

15

XVI. It shall be lawful for the Law Officer, if he think fit, on the Receipt of the said Report, and after such Hearing, if any, as aforesaid, to cause a Warrant to be made for the sealing of Letters Patent for the said Invention, and such Warrant shall be sealed with the Seal of the Commissioners and shall set forth the Tenor 20 and Effect of the Letters Patent thereby authorized to be granted, and such Law Officer shall direct the Insertion in such Letters Patent of all such Restrictions, Conditions, and Provisoes as he may deem usual and expedient in such Grants, or necessary. in pursuance of the Provisions of this Act; and the said Warrant shall be the 25 Warrant for the making and sealing of Letters Patent under this Act according to the Tenor of the said Warrant: Provided always, that the Lord Chancellor shall and may have and exercise such Powers, Authority, and Discretion in respect to the said Warrant, and the Letters Patent therein directed to be made under this Act, as he 30 now has and might now exercise with respect to the Warrant for the Issue under the Great Seal of Letters Patent for any Invention, and with respect to the making and issuing of such Letters Patent; and the Writ of Scire facias shall lie for the Repeal of any Scire facias. Letters Patent issued under this Act, in the like Cases as the same 35 would lie for the Repeal of Letters Patent which may now be issued under the Great Seal.

Writ of

Saving of the XVII. Provided also, That nothing herein contained shall extend to Royal Prero- abridge or affect the Prerogative of the Crown in relation to the gative. granting or withholding the Grant of any Letters Patent; and it 40 shall be lawful for Her Majesty, by Warrant under Her Royal Sign Manual, to direct such Law Officer to withhold such Warrant as aforesaid, or that any Letters Patent for the issuing whereof he may

have issued a Warrant as aforesaid shall not issue, or to direct the Insertion in any Letters Patent to be issued in manner herein provided of any Restrictions, Conditions, or Provisoes which Her Majesty may think fit in addition to or in substitution for any Restrictions, Condi5 tions, or Provisoes which would otherwise be inserted therein under this Act; and it shall also be lawful for Her Majesty, by like Warrant, to direct any complete Specification which may have been filed under the Provision herein-before contained, and in respect of the Invention described in which no Letters Patent may have been granted, to be 10 cancelled, and thereupon the Protection obtained by the filing of such complete Specification shall cease.

ment of cer

ditions.

XVIII. All Letters Patent for Inventions granted under the Pro- Letters Pavisions herein-before contained shall be made subject to the Condition tent to be made subject that the same shall be void, and that the Powers and Privileges thereby to Avoidance 15 granted shall cease and determine, at the Expiration of Three Years on Nonfulfil and Seven Years respectively from the Date thereof, unless there be tain Conpaid, before the Expiration of the said Three and Seven Years respectively, 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 20 and Stamp Duties respectively shall be endorsed on the Warrant for the said Letters Patent; and such Officer of the Commissioners as may be appointed for this Purpose shall issue under the Seal of the Commissioners a Certificate of such Payment, and shall endorse a Receipt for the same on any Letters Patent issued under the Autho25 rity of the said Warrant; and such Certificate, duly stamped, shall be Evidence of the Payment of the several Sums respectively.

the whole of

the Channel

Great Seal.

XIX. The Commissioners, so soon after the sealing of the said Letters Warrant as required by the Applicant for the Letters Patent, shall Patent for cause to be prepared Letters Patent for the Invention, according to the United 30 the Tenor of the said Warrant, and it shall be lawful for the Lord Kingdom, Chancellor to cause such Letters Patent to be sealed with the Great Islands Seal of the United Kingdom, and such Letters Patent so sealed shall and the Isle of Man, extend to the whole of the United Kingdom of Great Britain and Ire- to be issued land, the Channel Islands, and the Isle of Man; and such Letters under the 35 Patent shall be valid and effectual as to the whole of such United Kingdom, and the said Islands and Isle, and shall confer the like Powers, Rights, and Privileges as might, in case this Act had not been passed, have been conferred by several Letters Patent of the like Purport and Effect passed under the Great Seal of the United 40 Kingdom, under the Seal appointed to be used instead of the Great Seal of Scotland, and under the Great Seal of Ireland respectively, and made applicable to England, the Dominion of Wales, the Town of Berwick-upon-Tweed, the Channel Islands, and Isle of Man,

299.

to

Letters

Patent not to be issued

to Scotland, and to Ireland respectively, save as herein otherwise provided.

XX. Provided always, That no Letters Patent, save as hereinafter mentioned in the Case of Letters Patent destroyed or lost, after Three shall issue on any Warrant granted as aforesaid, unless Application be 5 made to seal such Letters Patent within Three Months after the Date of the said Warrant.

Months from
Date of

Warrant.

Letters

Patent not

after Ex

piration of Protection

Act.

XXI. Provided also, That no Letters Patent (save Letters Patent to be issued issued in lieu of others destroyed or lost) shall be issued or be of any Force or Effect unless the same be granted during the Continuance 10 of the Provisional Protection under this Act, or where a Complete given by this Specification has been deposited under this Act, then unless such Letters Patent be granted during the Continuance of the Protection conferred under this Act by reason of such Deposit, save that where the Application to seal such Letters Patent has been made 15 during the Continuance of such provisional or other Protection as aforesaid, and the sealing of such Letters Patent has been delayed by reason of a Caveat or an Application to the Lord Chancellor against or in relation to the sealing of such Letters Patent, then such Letters Patent may be sealed at such Time as the Lord Chancellor 20 shall direct.

If Letters
Patent be

destroyed or lost, other Letters

Patent may be issued.

Letters

be dated as

cation.

XXII. Provided also, That in case any such Letters Patent shall
be destroyed or lost, other Letters Patent of the like Tenor and
Effect, and sealed and dated as of the same Day, may, subject to such
Regulations as the Commissioners may direct, be issued under the 25
Authority of the Warrant in pursuance of which the original Letters
Patent were issued.

XXIII. It shall be lawful (the Act of the Eighteenth Year Patent may of King Henry the Sixth, Chapter One, or any other Act, to the of the Day contrary notwithstanding,) to cause any Letters Patent to be 30 of the Appli- issued in pursuance of this Act to be sealed and bear Date as of the Day of the Application for the same, and in case of such Letters Patent for any Invention provisionally registered under the "Protection of Inventions Act, 1851," as of the Day of such Provisional Registration, or, where the Law Officer to whom the Appli- 35 cation was referred, or the Lord Chancellor, thinks fit and directs, any such Letters Patent as aforesaid may be sealed and bear Date as of the Day of the sealing of such Letters Patent, or of any other Day between the Day of such Application or Provisional Registration and the Day of such sealing.

XXIV. Any

40

Patent where

as if sealed

XXIV. Any Letters Patent issued under this Act sealed and Letters bearing Date as of any Day prior to the Day of the actual sealing antedated to thereof shall be of the same Force and Validity as if they had been be of the sealed on the Day as of which the same are expressed to be sealed and same Validity 5 bear Date: Provided always, that save where such Letters Patent are on the Day granted for any Invention, in respect whereof a complete Specification of the Date has been deposited upon the Application for the same under this Act, no Proceeding at Law or in Equity shall be had upon such Letters Patent in respect of any Infringement committed before the same 10 were actually granted.

any

Use of Inven

tion abroad to

Letters

XXV. The Use or Publication in any Foreign Country, or in of the Channel Islands, or in any of Her Majesty's have the like Colonies, Dominions, or Possessions abroad, of any Invention Effect on before the Date of any Letters Patent to be granted for such Patent as Use 15 Invention under the Provisions herein-before contained, shall have or Publicathe 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.

tion in United

Kingdom,&c.

Patent ob

force after

Patent.

XXVI. Where, upon any Application made after the passing of Letters 20 this Act, Letters Patent are granted in the United Kingdom for or in tained here respect of any Invention first invented in any Foreign Country or by for patented Foreign Inthe Subject of any Foreign Power or State, and a Patent or like ventions not Privilege for the Monopoly or exclusive Use or Exercise of such to continue in Invention in any Foreign Country is there obtained at the same Time, the Expira25 with or before or after the Grant of such Letters Patent in the United tion of the Kingdom, all Rights and Privileges under such Letters Patent shall Foreign (notwithstanding any Term in such Letters Patent limited) cease and be void immediately upon the Expiration or other Determination of the Term during which the Patent or like Privilege obtained 30 in such Foreign Country shall continue in force, or where more than One such Patent or like Privilege is obtained abroad, immediately upon the Expiration or Determination of the Term which shall first expire or be determined of such several Patents or like Privileges.

35

Patents not to prevent the Use of

in Foreign

XXVII. No Letters Patent for any Invention (whether granted after or before the passing of this Act) shall extend or be deemed to have extended to prevent the Use of such Invention in any Foreign Inventions Ship or Vessel, or for the Navigation of any Foreign Ship or Vessel, Ships resortwhich may be in any Port of Her Majesty's Dominions, or in any of ing to Bri40 the Waters within the Jurisdiction of any of Her Majesty's Courts, where such Invention is not so used for the Manufacture of any Goods or Commodities to be vended within Her Majesty's Dominions: Provided always, that this Enactment shall not extend to the Ships or Vessels

299.

C

tish Ports;

except Ships of Foreign

States in whose Ports

Vessels of any Foreign State of which the Laws authorize Subjects of British Ships such Foreign State, having Patents or like Privileges for the exclusive are prevented Use or Exercise of Inventions within its Territories, to prevent or from using interfere with the Use of such Inventions in British Ships or Vessels, Foreign Inor in or about the Navigation of British Ships or Vessels, while in the 5 Ports of such Foreign State, or in the Waters within the Jurisdiction of its Courts, where such Inventions are not so used for the Manufacture of Goods or Commodities to be vended within the Territories of such Foreign State.

ventions.

Specifica

tions to be filed instead of being enrolled.

Office for

fications.

XXVIII. All Letters Patent to be granted under this Act (save only 10 Letters Patent granted after the filing of a Complete Specification) shall require the Specification thereunder to be filed in the High Court of Chancery, instead of requiring the same to be enrolled, and no Enrolment shall be requisite.

XXIX. Every Specification to be filed in pursuance of the Con- 15 filing Speci- dition of any Letters Patent shall be filed in such Office of the Court of Chancery as the Lord Chancellor shall from Time to Time appoint, and every Provisional Specification and Complete Specification left or filed at the Office of the Commissioners on the Application for any Letters Patent, shall forthwith after the Grant of the Letters Patent, 20 or if no Letters Patent be granted then immediately on the Expiration of Six Months from the Time of such Application, be transferred to and kept in the said Office appointed for filing Specifications in Chancery; and in case Reference is made to Drawings in any Specification deposited or filed under this Act, an extra Copy of such 25 Drawings shall be left with such Specification.

Copies of Specifications to be

open to Inspection.

Specifications and

other Docu

XXX. The Commissioners shall cause true Copies of all Specifications (other than Provisional Specifications), Disclaimers, and Memoranda of Alterations filed under or in pursuance of this Act, and of all Provisional Specifications after the Term of the Provisional 30 Protection of the Invention has expired, to be open to the Inspection of the Public at the Office of the Commissioners, and at an Office in Edinburgh and Dublin respectively, at all reasonable Times, subject to such Regulations as the Commissioners may direct.

XXXI. The Commissioners shall cause to be printed, published, 35 and sold at such Prices and in such Manner as they may think fit all ments to be Specifications, Disclaimers, and Memoranda of Alterations deposited printed and or filed under this Act, and such Specifications (not being Provisional published. Specifications), Disclaimers, and Memoranda respectively shall be so printed and published as soon as conveniently may be after the filing 40 thereof respectively, and all such Provisional Specifications shall be so printed and published as soon as conveniently may be after the Expiration of the Provisional Protection obtained in respect thereof; and it