18. AND whereas it is expedient that the Costs and Expenses of obtaining Letters Patent for Inventions in England should be les- sened; BE it Enacted, That the Fees payable at the Offices of the Secretary of State, the Attorney-General, or Solicitor-General, the Signet Office, the Privy Seal Office, and the Great Seal Office. *[shall, and the same is hereby reduced to of the amount heretofore by custom paid when the Letters Patent are granted for the term of Fourteen Years, and that the said Ex- penses shall be reduced, and the same are hereby reduced to
of the amount heretofore by custom paid when the Letters Patent are granted for the term of Seven Years.]
Caveats, and no other legal objection exists, the Attorney-Gene- ral or Solicitor-General shall then sign an approbatory Report to his Majesty, recommending the grant of Letters Patent to the Petitioner; the costs of every such hearing (not exceeding £5. 5s.) to be paid by the opposing party.
XI. AND be it further Enacted, That if the Invention of the on of the Petitioner, and that claimed under an opposing Caveat, shall be the same, or interfering with each other, in the opinion of the Attorney-General or the Solicitor-General, and their Board of Advisers, that then the Attorney-General or Solicitor-General shall call further Evidence, in order to determine to which of the Parties a priority of right shall be adjudged as to the whole or to certain parts of the Invention; and he shall be empowered to determine to whom the right of Letters Patent shall be granted for any part or the whole of the said Invention; and the Attor- ney or Solicitor-General shall order the costs of such hearing to be paid by either or both parties, as he shall see fit. XII.
*shall be and the same is hereby reduced to the sum of £.60 when the Letters Patent are granted for the term of Fourteen Years, and the sum of Thirty Pounds when the Letters Patent are granted for the term of Seven Years; and that all the Stamp Duties upon the same be included in those charges.
19. [And be it further Enacted, That the Fees payable at the Offices of the Secretary of State, Signet, and Privy Seal, shall be paid to some person authorised to receive the same at the Office of the Secretary of State, at the time the Inventor leaves his Petition there, and that the Fees payable at the Hanaper shall be paid to a person authorised to receive the same at the Office of the Great Seal.]
20. [AND whereas the Costs and Expenses of obtaining Letters Patent are unnecessarily increased when taken out for Scotland and Ireland by the Patentee of an Invention for England; BE it further Enacted, That an Inventor who has obtained Letters Patent for England may have Certificates of the grant of the same, which shall be lodged with the Attorney-General or Solicitor- General for Ireland, or the Lord Advocate for Scotland, [and be advertised in the Edinburgh or Dublin Gazette;] and if no Caveats are entered or opposition made, then the said Attorney- General or Solicitor-General for Ireland, or the Lord Advocate for Scotland, may at the end of Fifteen Days from the day of the* [advertisement in the Gazette,] report the same, and make out the Bill in the usual manner for the grant of Letters Patent in Scotland or Ireland; but the Sign Manual of his Majesty is hereby dispensed with as far as it has been required in the grant- ing such Letters Patent for Scotland or Ireland.†
+And the Seal appointed by the Treaty of Union in Scotland, and the Great Seal of Ireland, shall be forthwith appended to the said Letters Patent, the whole charge of fees and stamps for the same in each country respectively not exceeding £20. And that the said grant be also extended to all our Islands, Colonies, and Plantations abroad, if so required by the Petitioner, at a charge of £10.
21. [AND whereas Persons living in Scotland or Ireland may be desirous of obtaining Letters Patent for Scotland or Ireland, without taking out Letters Patent for England, or at least before they take out Letters Patent for England: BE it Enacted, That the Sign Manual of his Majesty the King shall not be necessary to warrant the proper Officer to fix the proper Seal to such Letters Patent, but the same may be affixed upon the Report of the Attorney or Solicitor-General for Ireland, or the Lord Advo- cate for Scotland.]
22. [AND be it further Enacted, That when a Person in Ireland has obtained Letters Patent in Ireland, or a Person in Scotland has obtained Letters Patent in Scotland, he may obtain a Certi- cate thereof.
23. And whereas the Property in Letters Patent is unnecessarily abridged, without any corresponding advantage to the Public: BÉ it Enacted, That the Person or Persons to whom Letters Patent may have been granted, shall be at liberty to assign or transfer his or their interest in Letters Patent, or grant Licences to make or use the same, in any manner or to any number of persons he or they may think best for his or their own advantage.
24. AND whereas it sometimes happens that Patentees do not derive an adequate Profit from their Inventions during the Fourteen Years for which the Letters Patent have been granted: AND whereas there is no remedy but by an Act of Parliament, to enlarge the Term for which they were granted: BE it Enacted, That at any time* before that Term is expired, the Patentee, or his Assigns, may obtain by Petition a Patent to extend the Term; and His Majesty is hereby authorized and empowered to grant
(See the concluding Clause.)
(See the concluding Clause.)
† upon showing that he or they have not been enabled fully to carry the same Invention into effect, or to derive a reason able Profit from the same.
[ 250 ] Letters Patent of Extension, in the same manner as other Letters Patent for Inventions are to be granted; but the Attorney-General shall, with the assistance of the Examiners aforesaid, report upon the fitness thereof, and the terms upon which they ought to be granted, and all costs and expenses of making the necessary Report shall be paid and discharged by the Persons obtaining the said Letters Patent for an extension of the Term.
25. AND whereas great Delay, Inconvenience, and Expense, have arisen in consequence of a Patentee being often obliged to sue in a Court of Equity, whilst he has a Suit depending in a Court of Common Law: BE it Enacted, That the Plaintiff to a Suit in a Common Law Court may, by Motion in that Court, or from a Judge thereof, obtain an Order to stay the Defendant from making or using the Invention, unless an account be kept of the sale or use thereof, and also may obtain an Order to inspect the thing sup- posed to be a Piracy of the Invention.
26. And be it further Enacted, that the Defendant may plead the General Issue, with which he is hereby bound to deliver a Notice of all the Objections and defences upon which he intends to rely at the trial of that Issue.
27. AND be it further Enacted, That the Venue in any Action may be changed, on Motion to the Court, from the County of Middlesex to the County in which the Witnesses reside.
28. AND be it further Enacted, That either Party may obtain an Order of the Court, that the Sheriff do return, amongst the Spe- cial Jurors to serve on the Trial, Twelve Men practically skilled in the Arts and Sciences, and that each Party shall be at liberty
to challenge Six of them; and either Party may obtain an Order that the said Jurors may examine the Drawings and Models at least Two days before the day of Trial.
29. AND be it further Enacted, That every Defendant against whom a Verdict shall pass for the Infringement of a Patent, shall pay* Three times the amount of the Damages suffered by the Paten- tee, as it may appear by the proofs of the Patentee, or by the Ac- count rendered as aforesaid by the Infringer. †
30. [And be further Enacted, That Costs to be paid by either Party to the other Party shall include the Costs of Scientific wit- nesses, and also the Costs of making Experiments.]
31. AND whereas Actions at Law may be brought upon Letters Patent after the Patentee has been unsuccessful in one Action and has had a Verdict recorded against him: AND whereas the present mode of Cancelling Letters Patent for Inventions by Scire Facias is dilatory and expensive; BE it Enacted, That if the Defendant in an Action on Letters Patent obtain a Verdict, which is not set aside by the Court in which the Action be depending, then the Defendant shall be at liberty to apply to the said Court for a Certificate, that the said Letters Patent ought to be cancelled; and the said Court is hereby empowered, on Motion to them made, if they think fit so to do, to grant a Certificate that the same ought to be cancelled, and the said Defendant may take the said Certificate to the Lord Chancellor, to whom it shall be a suffi- cient authority that the said Letters Patent be by him cancelled.
32. [And be it further Enacted, That if the Patentee obtain a a Verdict, the Court may in like manner, at its discretion, grant a Certificate that the validity of the Letters Patent has been fully
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