(r) In re DISMORE'S PATENT. [1853] Name"Charles" instead of "George" inserted in engrossing specification after enrolment. Lord Romilly, M.R., took time to consider, and after some hesitation made an order on the authority of and similar to that in Rubery's case. He required, however, that the signature of the Attorney-General should be obtained, and that the letters patent themselves should be handed in for inspection. (18 Beav. 538.) (8) In re ADAMS'S PATENT. [1853] The engrossment of letters patent bore date two days after the date of the writ of the privy seal, and the patentee, not being aware of the discrepancy, was a day too late in enrolling his patent; ordered that, as the mistake arose from a misprision of the clerk, the enrolment should be amended. (21 L. T. Rep. 38.) (t) In re BLAMOND'S PATENT. [1860] An application for amendment of a patent granted in 1856, by rectifying an error in the spelling of the name of the patentee, was refused on the ground of lapse of time. Quære, whether the Court had power to make such an order under 15 & 16 Vict. c. 83, s. 15. (3 L. T. Rep., N. S., 800.) (u) In re JOHNSON'S PATENT. [1877] The power of the Master of the Rolls as Keeper of the Records to amend a clerical error in a specification was saved by the Judicature Acts, 1873, sect. 17, subs. 6. When such amendment was directed, notice of the order had to be given to the Commissioners of Patents so that the specification might be reprinted. (5 Ch. D. 503.) (v) MORGAN'S PATENT. [1886] Misdescription of one of the drawings amended by the law officer although the patent was ten years old. (2 Griff. 17.) Amendment of Particulars of Breaches. (w) JONES v. PRATT. [1861] Semble the plaintiff might be allowed to amend his particulars of breaches after issue joined in accordance with defendant's answers to interrogatories delivered after that date. (30 L. J. Exch. 365.) Amendment of Particulars of Objections. See under Practice, Particulars of Objections, pp. 305 (s) (t), 306 (v) (w) (x). Amendment of Petition for Extension. See Extension of Term. Petition, p. 104 (a). Amount of Labour in Invention. (x) CRANE v. PRICE. [1842] If the invention be new and useful to the public, it is not material whether it be the result of long experiments and profound research, or of some sudden and lucky thought, or of mere accidental discovery. (12 L. J. C. P. 81.) Amount of Invention. See under Subject Matter. Analogous use. See Subject Matter, Application of known machine, process, or material to analogous purpose, pp. 532 to 540. Analysis. PATENT TYPE FOUNDING COMPANY v. WALTER. [1860] The Court of Chancery had jurisdiction to order, and did order, the defendant to deliver a sample of type for analysis. (8 W. R. 353). Now by Supreme Court Rules, 1883, Order L., Rule 3, it shall be lawful for the Court or a judge, upon the application of any party to a cause or matter, and upon such terms as may be just for all or any of the purposes aforesaid, to authorise any samples to be taken, or any observation to be made or experiment to be tried which may be necessary or expedient for the purpose of obtaining full information or evidence. Annual Fees. In lieu of the fees of £50 and £100 payable on certificates of renewal annual fees may be paid. See under Fees, p. 143. Annual Report. PATENTS ACT, 1883, sect. 102. The comptroller shall, before the first day of June in every year, cause a report respecting the execution by or under him of this Act to be laid before both Houses of Parliament, and therein shall include for the year to which each report relates all general rules made in that year under or for the purposes of this Act, and an account of all fees, salaries, and allowances, and other money received and paid under this Act. Anticipation. See Novelty, p. 220. Appeal, hearing evidence on, pp. 381 (b) (d) (e) (ƒ), 382 (g1) injunction pending, p. 381 (c) 301 account stayed pending, p. 371 (w) (y), (c) From comptroller when he refuses to accept application, p. 32 requires amendment, p. 32 decides in case of opposition, p. 32 refuses leave to amend, p. 32 rules relating to, p. 380 decision allowing patent not reversed unless case is clear, p. 32 (y) (a). Appeal from Comptroller. PATENTS ACT, 1883, sect. 7 (2), amended by 51 & 52 Vict. c. 50, sect. 2. (2.) Where the comptroller refuses to accept an application or requires an amendment, the applicant may appeal from his decision to the law officer. (3.) The law officer shall, if required, hear the applicant and the comptroller, and may make an order determining whether, and subject to what conditions (if any), the application shall be accepted. [The words of the section are set out in full at p. 34.] Sect. 9 (2.) If the examiner reports that the conditions herein before contained have not been complied with, the comptroller may refuse to accept the complete specification unless and until the same shall have been amended to his satisfaction; but any such refusal shall be subject to appeal to the law officer. (3.) The law officer shall, if required, hear the applicant and the comptroller, and may make an order determining whether and subject to what conditions, if any, the complete specification shall be accepted. [The words of the section are set out in full at p. 35.] Sect. 11 (2.) (When notice of opposition is given the comptroller shall) . . . . decide on the case, but subject to appeal to the law officer. (3.) The law officer shall, if required, hear the applicant and any person so giving notice, and being, in the opinion of the law officer, entitled to be heard in opposition to the grant, and shall determine whether the grant ought or ought not to be made. (4.) The law officer may, if he thinks fit, obtain the assistance of an expert, who shall be paid such remuneration as the law officer, with the consent of the Treasury, shall appoint. [The words of the section are set out in full at p. 38.] Sect. 12 (3.) (a.) Where the sealing is delayed by an appeal to the law officer, or by opposition to the grant of the patent, the patent may be sealed at such time as the law officer may direct. Sect. 18 (6.) When leave to amend is refused by the comptroller, the person making the request may appeal from his decision to the law officer. (7.) The law officer shall, if required, hear the person making the request and the comptroller, and may make an order determining whether, and subject to what conditions, if any, the amendment ought to be allowed. [For the remainder of the section, see p. 10.] (y) GLOSSOP'S APPLICATION. [1884] Where the matter is in doubt, and where the Comptroller-General has allowed the patent, the law officer ought not to disallow the patent and reverse his decision unless the case is a perfectly clear one. (Griff. 285.) (a) PITT'S APPLICATION. [1888] Where the nature of the case was such that the law officer would have required expert assistance, he declined to reverse the decision of the Comptroller-General, who in his turn had, of course, been advised by those whose duty it was to express an opinion, and dismissed the appeal with costs. (5 O. R. 343.) Applications of known machines, processes or materials. See under Subject Matter, p. 522 (seq.). Application for and Grant of Patents. PATENTS ACT, 1883, sects. 4 to 9, amended by 48 & 49 Vict. c. 63, and 51 & 52 Vict. c. 50, pp. 34, 35, 36. Patent Rules, 1890, Rules 6, 8 to 14, and 18 to 23, pp. 36, 37. Applications generally Patent Office cannot inquire whether claim goes beyond invention described, p. 37 (b) nor as to the form of the title if it does not infringe the Act, p. 37 (c) but may strike out what is misleading, p. 38 (e) or disallow complete specification if borrowed from other specifications, p. 38 (d). Application-Opposition. PATENTS ACT, 1883, sect. 11, Rules 34 to 44, pp. 38, 39. where grounds of opposition are doubtful, it is proper to grant patent, pp. 40 (7) (m), 41 (s) delay in opposing, p. 41 (n) (0) who may oppose, p. 42 (v) (w) amendment of notice of objections, p. 42 (x) (y). Opposition on ground that invention was obtained from opponentcases before the Act of 1883, p. 43 joint inventors, pp. 43 (c), 44 (d) (e), 45 (ƒ) (ƒ1) applications granted with reference to opponent's patent, pp. 44 (c), 46 (k1) words "obtained from opponent" do not include communications from abroad, pp. 43 (e), 46 (i) (k). Opposition on ground that invention has been patented in this country— cases before the Act of 1883, p. 47 Who may oppose, pp. 48, 49 persons interested in prior patent, even though it has expired, may, p. 48 (u) (v) (w). not those who merely manufacture under it, p. 49 (d) (e) nor those who have only obtained provisional protection, p. 48 (x) (z) nor foreign patentees whose patent has been antedated under sect. 103, p. 48 (b). Insertion of disclaiming clauses— is meant to protect the public and not prior patentees, pp. 50 (7), 51 (p) prior patentee has no right to be named, pp. 50 (j) (m), 51 (q) a reference to a prior patent is to be deprecated, p. 50 (j) form of disclaimer, pp. 50 (i), 51 (n) (r) (s) opponent may appeal merely to get disclaimer inserted, p. 51 (t). Prior invention not the same— opposition will not succeed where prior patent is not the same, p. 52 nor when the applicant's invention has been described but not claimed, p. 52 (z). Concurrent applicants formerly the first who obtained the seal succeeded, p. 54 might obtain a joint patent, p. 54 (i) might each obtain provisional protection for same invention, p. 55 (k) and sometimes separate patents also, p. 55 (l) (m), 56 (p). Costs when opposition not unreasonable, p. 56 (r) successful, p. 57 (u) (x) D Costs (continued). when opposition not unsuccessful, pp. 56 (s), 57 (t) (y) how taxed, p. 57 (t) of appeal to law officer will usually follow the event, p. 58 (z). Delay in enrolling specification, p. 58 (ƒ) in entering opposition, pp. 41 (0), 59 (m) in filing affidavits in opposition, 57 (v). Procedure specification cannot be dispensed with, p. 60 (p) or received conditionally, p. 60 (q), application by opponent for inspection refused, p. 60 (s) notice to applicant of appeal to law officer, p. 61 (v). International and Colonial arrangements— PATENTS ACTS, 1883, sects. 103, 104, and 1885, sect. 6, p. 61. Orders in Council, p. 62 Rules 24 to 29, pp. 62, 63 application must be in name of original foreign patentee, p. 64 (y). PATENTS ACT, 1883, sect. 4. (1.) Any person, whether a British subject or not, may make an application for a patent. (2.) Two or more persons may make a joint application for a patent, and a patent may be granted to them jointly. [See sect. 5 of Act of 1885, inf., p. 36.] 5. (1.) An application for a patent must be made in the form set forth in the First Schedule to this Act, or in such other form as may be from time to time prescribed; and must be left at, or sent by post to, the Patent Office in the prescribed manner. (2.) An application must contain a declaration to the effect that the applicant is in possession of an invention, whereof he, or in the case of a joint application, one or more of the applicants, claims or claim to be the true and first inventor or inventors, and for which he or they desires or desire to obtain a patent; and must be accompanied by either a provisional or complete specification. [See sect. 2 of Act of 1885, inf., p. 36.] (3.) A provisional specification must describe the nature of the invention, and be accompanied by drawings, if required. (4.) A complete specification, whether left on application or subsequently, must particularly describe and ascertain the nature of the invention, and in what manner it is to be performed, and must be accompanied by drawings, if required. [See sect. 2 of Act of 1886, p. 84.] (5.) A specification, whether provisional or complete, must commence with the title, and in the case of a complete specification must end with a distinct statement of the invention claimed. 6. The comptroller shall refer every application to an examiner, who shall ascertain and report to the comptroller whether the nature of the invention has been fairly described, and the application, specification, and drawings (if any) have been prepared in the prescribed manner, and the title sufficiently indicates the subject matter of the invention. 7. (1.) (Amended by 51 & 52 Vict. c. 50, sect. 2). For section 7 of the principal Act the following section shall be substituted, namely: If the examiner reports that the nature of the invention is not fairly described, or that the application, specification, or drawings has not, or have not, been prepared in the prescribed manner, or that the title does not sufficiently indicate the subject matter of the invention, the comptroller may refuse to accept the application, or require that the application, specification, or |