

PATENTS 



a rrnde icloa, and then t work nut its details, 

 altciing ninl modify in:: them lit will, during the 



|,toie,-tcd intenal. " The Patent Law A i.liin-nt 



\ ..I 1-vVJ. adopting ii practice which wan ill force 

 in -cvei.il continental countries, and which was 

 Mronnly l i-ci immenilcd I i_v Illci-I I if thi' H'itllMM* 

 who gave evidence before till- committee* of I M H .l 

 and I v"il. pioi ided that 11 |H-tition for the grant of 

 let t.-r> patent should I*- a ipanied by ii state- 

 ment in writing, describing tin- nature of theitnen 

 ticin which it wan sought In patent : th : - -I :ii--nient 

 was called the iirurixitiMiil sfierijii-iitiiiii. Tin- effect 

 of I lie pi.M-ediirc pncrihed hy tin- act wan that a 

 paten tw might u-e his invention for six months 

 without prejudice to his patent by thill user, lull 

 In- obtained 'IHI rights against tln> public until his 

 nl had heen -caled. The patentee was merely 

 protected against tin- con-ci|iiences of his own 

 publication, ami enabled to employ workmen and 

 ohtain machinery without the risk of being 

 betrayed 



The existing law of patent* depends upon the 

 Statute of Monopolies, til- Patent- Act 

 and the l';it.-nt- Uules, 1890, matle hy the IJo.-ml of 

 Trade under -tatutory iiuthority. The present 

 procedure to ohtain a patent i- us follows : An 

 application signed hy the inventor himself, ami 

 accompanied hy a 'provisional ipecificatioa,' in 

 which the nature of his invention is briefly ami 

 generally dex-rilxil. is lodged at the Patent Mllice. 

 The application and K|M'eilieation are then referred 

 by the comptroller general, who is the otlieial head 

 of the ilep.ntmeiii, loan examiner who ascertains 

 nnd reports to him whether ( 1 < the nature of the 

 invention has Ix-en fairly described, ('2) the appli- 

 ration. s|>ccilication, and drawings, if any, have 

 licen prepared in the prescrilicd manner, (3) the 

 title selected hy the applicant sufficiently indicates 

 the -ulijert matter of the invention, and (4) the 

 pacification doc- not describe more than one in- 

 vention. No preliminary examination as to the 

 novelty of the invention is held. The comptroller 

 may, however, refuse to grant a patent for any 

 intention of which the use would, in his opinion, 

 lie contrary to law or morality, and from sneh 

 refit-iil no appeal can IH- taken. If the examiner 

 report against the applicant on any of the grounds 

 mentioned above, the comptroller may require the 

 application, -pecilieation. or drawings, to be 

 amended liefore he proceed- with tint application. 

 Against (his dcci-ion tin- applicant may ap|>eal to 

 the law otlicer. whose judgment is final. If, how- 

 ever, the examiner re|>ort in the atlirmative upon 

 each of the i--ue- -uhmiltcd to him. the application 

 fa accepted. Within nine month- a period which 

 the comptroller may on |>ay im-nt of the prcscrilied 

 fee extend to ten month- tnun the date of his 

 application the applicant mn-t depn-it at the 

 Patent Office a rnni/'I'-li- xfiflfii-iiliiiu, partieulitrly 

 de-ciiliinx 1 the natiiie of the invention and the !-! 

 met hod of carryin); it out. If the examiner repm I 

 that the complete s|H-cilication (1 ) does not fairK 

 di'TJlM- the invention, i _' i din-- not t'-uninale iriMO 

 a distinct claim or claim-, i.'t) claims more than 

 one invention, or (4) varies materially from the 



{irovi-ioiinl, the comiil roller may refuse to accept 

 t unless and until it lias hecn amended to hi- satis, 

 faction. From such a refusal the applicant may 

 ap|eal n In-fore to the law otlicer. whose deci-ion 



i lin.il. When ll omplete sp<M'ilicaiion ha- IM-CII 



accepted ii i, printed ami ptihlisheil. and the details 

 of tin- applicant's invention are then for the |ir-l 

 time thrown o|-n to pulilic in-|H-ction. The eoinp- 

 tniller yeneial caii-e- the l.-ii-t of the acceptance 

 I-. In- advertis.il in the olli. jaf journal of tin- 

 Patent I Illice, mid I he patent is not n'mited until 

 after the expiration of two months from the date 

 of such advertisement. At any time within that 



am per-on may oppose the ^iant on any 

 one or more of the following grounds: (I) that 

 the applicant had obtained the invenliim fruni 

 the opponent or from some |x-rson of whom the 

 op|Miiient is the l(*f(al representative; (2) that the 



iiiM-ntiiin had 1 n patented in thi- country on 



an application of prior date -. (.'{) that the complete 

 siM-cilication descnlie- or ehiims an invention other 

 than that dcxcrilied in the provisional, m! th.-it 

 such other invention forms the snhjeet of all aiipli- 

 cation made hy the op|K>nent in the inteival ln j - 

 twceii the leaving of the provisional nnd the leaving 

 of the complete specification. No other ground of 

 opposition i- recognised. The opposition is heaul 

 and delerniined hy the comptroller ^'eni-ral. i 

 decision may 1* appealed against to the law olliccr. 

 In the event of there In-ill;.' no opposition, or of the 

 op|H)sition proving iinsiicce ml, the patent is issued 

 under the seal of the Patent ( (Mice and liear.- the date 

 of the original application. The term of the patent 

 is fourteen years from it- dale. The jjrant extends 

 to tin- I'niled Kingdom and the Isle of Man. hut 

 not to the Channel Island- or to any of the Itriti-h 

 possessions or colonies. I'mler the Act of 

 a patent lapses at the end of four years unless 

 a certificate of renewal has been ohtaine.i on 

 payment of the prescrilicd fee. The tuxes pay- 

 aKIe for keeping; up n patent amount to t'l/VO. 

 The specification or drawings relating to a patent 

 may l- amended hy lca\e of the comptndler- 

 p-neral after advertising and hearinj; any opposi- 

 tion to the proposed amendment. No amend- 

 ment will, however, U- sanctioned the ell'ect of 

 which is materially to enlarge the scope of the 

 imcntioii originally claimed. The comptroller- 

 general an<l prohahly the Master of the Kolls 

 have power to correct merely clerical errors. If a 

 patentee both fails to work his invention hiniscli 

 and refuses to permit other persons to do so, the 

 Board of Trade may comjx'l liiin to grant licenses- 

 upon reasonable terms. 



The infringement of a patent may l>e restrained 

 by injunction, and punished by damages awarded 

 in an action at law. A patent will 1- /- 

 or, as it is termeil in Scotland, redurett if it 

 is proved to the satisfaction of the propel court 

 to have Ix-en obtained by fraud or false suggestion 

 on the part of the patentee, or to lack the i -sential 

 reipiisites of novelty ami utility. 



A patentee is not compelled Ui mark articles 

 made according to his invention as 'patented.' 

 But any person who represents that an article sold 

 by him it patented, when in fact no patent has 

 ln-en granted for the same, is liable on summary 

 contietion to a line not exceeding i.Y 



Prior In is:;.", the term of a patent could only In- 

 extended by a special act of parliament (cf. Kdn muds' 

 I'liti-ntx I'm- li-fnti'iiii.\. pp. JiT.'l :!7ti ). lint the 

 frci|iiency of applications tor statutory ai-lance 

 sugge-ted the pnipriety of framing some general 

 measure for the extension or prolongation of let i 

 patent, and Lord Itrougham's Act was passed with 

 that view. Other enactments, of which the 

 inleioi i- now chiefly historic, followed : and 



ion 'J"i of the Act of lss:t coni|iletcd the !-. 

 lion upon this subject. The judicial committee of 

 the Privy. council ha- power to extend for a further 

 pei mil of -c\en, or in exceptional ca-i-s of fourteen, 

 years the term of a patent which, although highly 

 nieiitorions and useful, ha- not adequately n- 

 miincTated the patentee, from circiinistances be- 

 yond his control, dining the original tenn. It is 

 now the pi act ice of the judicial committee to pio- 

 long letters patent by onleiing a inn '/unit to lie 

 made for the extended term. 



/'nf, at .f,/,,,^. IJefore the Patent Law Amend. 

 nient Act, ifC>2, only about .">(H) patents were taken 

 out annually in England. The patent business of 



