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DIGEST OF PATENT LAW.

Abandoned Invention.

PATENTS ACT, 1883, sect. 8. (1) If the applicant does not leave a complete specification with his application, he may leave it at any subsequent time within nine months from the date of application.

(2) Unless a complete specification is left within that time the application shall be deemed to be abandoned.

(This period of nine months may now be extended by one month under Patents Act, 1885, sect. 3, infra, p. 35.)

By Patents Act, 1885, sect. 4, where an application for a patent has been abandoned, or become void, the specification or specifications and drawings (if any) accompanying or left in connection with such application, shall not at any time be open to public inspection or be published by the comptroller.

(a) LEWIS v. MARLING. [1829]

The abandonment of a part of the invention not suggested as essential will not vitiate the patent. (1 Web. P. C. 490.)

(b) JONES v. PEARCE. [1832]

An experiment abandoned as useless on account of defects is not an anticipation of a similar invention in which the defects are remedied. (1 Web. P. C. 122.)

(c) HOUSEHILL COMPANY v. NEILSON. [1843]

An invention which has been publicly used and subsequently abandoned will invalidate a subsequent patent for a similar invention. (1 Web. P. C. 710.)

(d) In re CARD'S PATENT. [1848]

A general knowledge of an invention, if it is abandoned and not carried out, will not invalidate the patent which has perfected it. (6 Moo. P. C. C. 212.)

(e) OXLEY v. HOLDEN. [1860]

A provisional specification abandoned did not become public by abandonment. (30 L. J. C. P. 68; 8 C. B., N. S., 666.)

B

Abridgments.

PATENTS ACT, 1883, sect. 40 (3). The comptroller shall continue, in such form as he may deem expedient, the indexes and abridgments of specifications hitherto published, and shall from time to time prepare and publish such other indexes, abridgments of specifications, catalogues, and other works relating to inventions, as he may see fit.

Acceptance.

PATENTS ACT, 1883, sect. 7 (4), amended by Patents Act, 1888, sect. 2 (4). The comptroller shall, when an application has been accepted, give notice thereof to the applicant.

Sect. 10. On the acceptance of the complete specification the comptroller shall advertise the acceptance; and the application and specification or specifications with the drawings (if any) shall be open to public inspection.

Sect. 15. After the acceptance of a complete specification and until the date of sealing a patent in respect thereof, or the expiration of the time for sealing, the applicant shall have the like privileges and rights as if a patent for the invention had been sealed on the date of the acceptance of the complete specification: Provided that an applicant shall not be entitled to institute any proceeding for infringement unless and until a patent for the invention has been granted to him.

See also under Application, p. 33; and under Specification, p. 408.

Account of profits. See under Practice Account, pp. 367 to 372.

Accounts of petitioner for prolongation of patent. See under Extension of Term, pp. 95, seq.

Acquiescence. See under Practice Injunction, Delay, and Acquiescence, pp. 346 to 349.

Action. See under Practice.

Addition to a known machine or process. See under Subject Matter, pp. 518 to 522.

Address.

PATENT RULES, 1890, 9. The application shall be accompanied by a statement of an address to which all notices, requisitions, and communications of every kind may be made by the comptroller or by the Board of Trade, and such statement shall thereafter be binding upon the applicant unless and until a substituted statement of address shall be furnished by him to the comptroller. He may in any particular case require that the address mentioned in this Rule be in the United Kingdom.

Administrator of inventor may obtain patent, Patents Act, 1883, sects. 12 and 34, p. 81.

Advertisements on Petition for Extension. See under Extension of Term Petition, p. 98.

of acceptance of complete specification, p. 2.

of amendment when proposed and when accepted.
Amendment of Specification, p. 11.

threatening legal proceedings. See under Threats, p. 545.
in derogation of grant, 216, (k).

See under

Affidavits. See Practice-Affidavits, p. 358.

Agents.

Register of Patent Agents

established by 51 & 52 Vict., c. 50, p. 3

Rules made by Board of Trade as to Register, pp. 3 to 6.

Agents generally

Rules of 1890 as to, rules 8 and 69, p. 6

negligence of, p. 7 (j)

may petition for extension, p. 7 (i)

infringement by, pp. 6 (e), 7 (h), 8 (1) (m)

testing of invention by, is no publication, p. 6 (ƒ)

merely for sale cannot bring action for infringement, p. 7 (k)
may sign notice of appeal if authorised, p. 8 (n).

Register of Patent Agents.

PATENTS ACT, 1888, sect. 1. (1) After the 1st day of July, 1889, a person shall not be entitled to describe himself as a patent agent, whether by advertisement, by description on his place of business, by any document issued by him, or otherwise, unless he is registered as a patent agent in pursuance of this Act.

(2) The Board of Trade shall, as soon as may be after the passing of this Act, and may from time to time, make such general rules as are in the opinion of the Board required for giving effect to this section, and the provisions of section 101 of the principal Act shall apply to all Rules so made, as if they were made in pursuance of that section.

(3) Provided that every person who proves to the satisfaction of the Board of Trade that prior to the passing of this Act he had been bonâ fide practising as a patent agent shall be entitled to be registered as a patent agent in pursuance of this Act.

(4) If any person knowingly describes himself as a patent agent in contravention of this section he shall be liable on summary conviction to a fine not exceeding twenty pounds.

(5) In this section "patent agent" means exclusively an agent for obtaining patents in the United Kingdom.

THE RULES made in pursuance of this section, dated 11th June, 1889, are published in the Gazette of June 14th, 1889. The most important portions of these are as follows:

[NOTE.-Rules 5 to 7 and 10 to 18 inclusive are given verbatim, but of the remaining rules the effect only is given.]

Rule 1. A Register shall be kept by the Institute of Patent Agents for the registration of patent agents in pursuance of the Act.

2. Such Register shall contain in one list all patent agents who are registered under the Act and these Rules; such list to be alphabetical and to contain the full name and address, date of registration, and such honours, memberships, or other additions as the Council of the Institute may think worthy of mention.

3. A copy of the Register is to be published by the Institute on every 31st of January, and is to be admissible as evidence of all matters stated therein, and the absence of the name of any person from the Register is to be evidence, until the contrary is made to appear, that such person is not registered in pursuance of the Act.

4. The Institute is to appoint a Registrar who shall keep the Register in accordance with the provisions of the Act and Rules, and subject thereto shall act under the directions of the Institute and the Board of Trade.

5. A person who is desirous of being registered in pursuance of the Act, on the ground that prior to the passing of the Act he had been bonâ fide practising as a patent agent, shall produce or transmit to the Board of Trade a statutory declaration in the Form 2 in Appendix A; provided that the Board of Trade may in any case in which they shall think fit, require further or other proof that the person had prior to the passing of the Act been bonâ fide practising as a patent agent. Upon the receipt of such statutory declaration or of such further or other proof to their satisfaction as the case may be, the Board of Trade shall transmit to the Registrar a certificate that the person therein named is entitled to be registered in pursuance of the Act, and the Registrar shall on the receipt of such certificate cause the name of such person to be entered in the Register.

6. Subject to the provisions of the Act in favour of every person who proves to the satisfaction of the Board of Trade that prior to the passing of the Act he had been bonâ fide practising as a patent agent, no person shall be entitled to be registered as a patent agent unless he has passed, and produces or transmits to the Registrar a certificate under the seal of the Institute that he has passed, such final examination as to his knowledge of patent law and practice and of the duties of a patent agent as the Institute shall from time to time prescribe.

7. Any person who has been for at least seven consecutive years continuously engaged as a pupil or assistant to one or more registered patent agents, and any person for the time being entitled to practise as a Solicitor of the Supreme Court of Judicature in England or Ireland, or as a Law Agent before the Court of Session in Scotland, shall be entitled to be registered without passing any examination other than the final examination provided for in the last preceding hule. The Registrar shall before registering the name of any such person as a patent agent (in addition to the final examination certificate) require proof satisfactory to the Registrar that such person has been for at least seven consecutive years continuously engaged as such pupil or assistant, or is entitled to practise as such Solicitor or Law Agent.

8. Any person who is not qualified under Rule 7 must, in order to be entitled to present himself for the final qualifying examination, be a person who has passed one of the following examinations, or such other examination as the Institute shall with the approval of the Board of Trade prescribe:

(1.) The Matriculation Examination at any University in England, Scotland, or Ireland.

(2.) The Oxford or Cambridge Middle Class Senior Local Examinations. (3.) The Examinations of the Civil Service Commissioners for admission to the Civil Service.

9. The Institute shall hold at least once in the year, commencing July 1st, 1889, and in every other succeeding year, a final qualifying examination, which shall be the final qualifying examination under Rules 6 and 7; and the Institute shall subject to these Rules have the entire management and control of all such examinations.

10. The Registrar shall from time to time insert in the Register any alteration which may come to his knowledge in the name or address of any person registered.

11. The Registrar shall erase from the Register the name of any registered person who is dead.

12. The Registrar may erase from the Register the name of any registered person who has ceased to practise as a patent agent, but not (save as hereinafter provided) without the consent of that person. For the purposes of this Rule the Registrar may send by post to a registered person to his registered address a notice inquiring whether or not he has ceased to practise or has changed his residence, and if the Registrar does not within three months after sending the notice receive an answer thereto from the said person, he may,

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