where not patented abroad, may be patented

IMPORTED INVENTION

38

:::

38

110

where patented abroad, the patent here will only last as long as

the foreign patent

not patentable if subject of expired foreign patent

IMPORTER is an inventor

IMPROVEMENT,

of existing invention patentable

patent must distinguish old from new

INDEXES of specifications, &c. to be made
INFRINGEMENT

during provisional protection
during complete protection

before disclaimer

..

before disclaimer since 15 & 16 Vict. cap. 83

WHAT ACTS AMOUNT TO ..

making or working the inventions

causing articles to be made by other persons

selling in the way of trade

what selling is forbidden ..

exposing to sale

making for experiment

possession and use of patented article

architect not liable for acts of contractor

use in foreign vessel in English waters

stat. 15 & 16 Vict. cap. 83, s. 26

..55, 69

134
135

135

French law as to innocent use or importation of invention
American law

WHAT RESEMBLANCE CONSTITUTES AN INFRINGEMENT
difference in form, &c., where the inventions are virtually the

the test is, whether the same effect is produced by the same
mode of operation

by use of so much of combination as is material
in what cases part of machine may be adopted
where principle public, mechanical contrivances producing the
same results, may not be equivalents ..

INFRINGEMENT-continued.

improvements will not enable infringer to adopt patentee's
invention

may show that the inventions are different

of patent for principle

absence of some parts of patentee's invention

by use of one of several improvements..

of material part of thing patented

chemical equivalents

importance of slight circumstances in chemical combinations

by substitution of well-known chemical equivalent

136

136

137

by use of substance not known to be an equivalent at the date

intention to infringe the patent not material

by use of elements in place of composite substance

by use of composite substance in place of its elements

by use of same substance produced in the course of the process
from its elements

patent for combination of proportions not infringed if propor-

tions materially departed from..

concurrent jurisdiction of courts of law and equity

whether grantable against an officer of the Government acting

181

182

182

. 182

182

183

where doubts as to validity of title, no injunction till title
established

if no serious doubt, injunction will be granted
not absolutely incumbent on Court to refuse injunction when
there is a doubt..

long and exclusive possession sufficient evidence
what is sufficient possession

conduct of parties may induce the Court to assume validity of
patent as against them

where conflicting evidence as to infringement, no injunction 185
nor unless title of plaintiff as assignee is clear

where irreparable injury would result from granting it..
balance of convenience to be considered

not granted without putting patentee to establish his right at

186

186

186

186

188

pendency of rule for new trial

plaintiff must come at earliest period to ask for

may in some cases be granted at the hearing, though not asked

for previously

what will be restrained

189

189
189

190

affidavits

INSPECTION,

where process alleged by defendant to be secret

order for defendant to inspect patentee's manufacture, will not
be made..

of provisional specification at office of Commissioners. See
Evidence

amount of, to constitute a patentable subject ..

INVENTOR. See First Inventor.

LAW OFFICER,

reference of provisional specification to..

may allow or require the title or provisional specification to be
amended

53

53

second reference

refusing warrant, no appeal from

reference to, on opposition at Great Seal. See Fawcett's patent,

19 Law Times, 237

62

East Indies, no patents for

to be sealed within three months after date of warrant

66

66

66

66

67

to be granted during continuance of protection, unless sealing
delayed by caveat

or within three months after death of applicant, to his executors
in lieu of others lost or destroyed

in respect of application before recent Act
for England, Ireland, or Scotland

form of

LICENSEE,

mere, cannot maintain action

whether if license exclusive

liable for royalties, though license not under seal

right to vend products beyond limits of license..
for England, Ireland, or Scotland

221

68

MANDAMUS

to Lords of Admiralty to ascertain price of use of patented
invention

MANUFACTURE,

vendible substance

-Matter

mode of working. See Subject-1

must be new, and distinct from existing manufactures. See
Novelty..

once known, patent cannot be had for application to any par-
ticular purpose

18

78

13

192

14

unless the application involves the discovery of an unknown

property..
MEMORANDUM OF ALTERATION. See Disclaimer.

application of old contrivance to new object, not enough
nor union of known things by known means

unless where the application involves the discovery of a
property

or if new qualities of the substance employed are developed by
the application ..

57

57

14

not where the mode and results of the new arrangement were
known and obvious

if what is substantially the same thing is in use, a patent cannot
be had

the principles and results of the operation must be looked at
the simplification of existing machinery may be a good subject-

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