certificate under his hand, to order by or to whom the costs of any hearing, or inquiry upon any objection, or otherwise in relation to the grant of such letters patent, or in relation to the provisional or other protection acquired by the applicants under this Act, shall be paid, and in what manner, and by whom such costs are to be ascertained; and if any costs so ordered to be paid, be not paid within four days after the amount thereof shall be so ascertained, it shall be lawful for such law officer to make an order for the payment of the same; and any such order may be made a rule of one of Her Majesty's Superior Courts in Westminster or Dublin, and may be recorded in the books of Council and Session in Scotland, to the effect that execution may pass thereon in common form.(i)

33. It would seem that an order for making the order of the law officer for costs, a rule of court, may be obtained from a judge at chambers. A rule for such purpose would be absolute in the first instance. (k) Probably the costs of making the order a rule of court may be included, if an affidavit is made that the order has been served on the party and disobeyed.(?)

SECTION V.-WARRANT OF LAW OFFICER FOR SEALING

PATENT.

34. It shall be lawful for the law officer after such hearing, if any, as he may think fit, to cause a warrant to be made for the sealing of letters patent for the said invention, and such warrant shall be sealed with the seal of the commissioners, and shall set forth the tenor and effect of the letters patent thereby authorized to be granted; and such law officer shall direct the insertion in such letters patent of all such restrictions, conditions, and provisions as he may deem usual and expedient in such grants, or necessary in pursuance of the provisions of this Act, and that the said warrant shall be for the making and sealing of letters patent under this Act, according to the tenor of the said warrant. (m)

(i) Stat. 15 & 16 Vict. cap. 83, s. 14.

(k) See Wilson v. Northrop, 2 C. M. & R. 326.
(1) See Chitty's Archb. 1441.

(m) Stat. 15 & 16 Vict. cap. 83, s. 15.

There is no appeal from a decision of the Attorney-General refusing to grant his warrant for a patent.(n)

A stamp-duty of £5 must be paid upon the warrant.

SECTION VI.-OPPOSITION AT GREAT SEAL.-PREROGATIVE OF THE CROWN.

35. By stat. 15 & 16 Vict. cap. 83, s. 15, the Lord Chancellor shall exercise such powers, authority, and discretion in respect to the said warrant, and the letters patent therein directed to be made under this Act, as he now has and might now exercise with respect to the warrant for the issue under the great seal of letters patent for any invention, and with respect to the making and issuing of such letters patent.

36. By stat. 15 & 16 Vict. cap. 83, s. 16, it is provided, that nothing therein contained shall extend to abridge or affect the prerogative of the Crown in relation to the granting or withholding the grant of any letters patent; and it shall be lawful for her Majesty, by warrant under her royal sign manual, to direct the law officer to withhold such warrant as aforesaid, or that any letters patent for the issuing whereof he may have issued a warrant as aforesaid shall not issue, or to direct the insertion in any letters patent to be issued in manner therein provided of any restrictions, conditions, or provisoes which her Majesty may think fit, in addition to, or in substitution for any restrictions, conditions, or provisoes which could otherwise be inserted therein under this Act: and it shall also be lawful for her Majesty by like warrant to direct any complete specification which may have been filed under the provision herein before coutained, and in respect of the invention described, in which no letters patent may have been granted to be cancelled, and thereupon the protection obtained by the filing of such complete specification shall cease.

37. The Lord Chancellor may at any time refuse to affix the great seal. Persons interested in opposing the grant of a patent have a right to oppose; but opposition at this stage is discouraged, on account of the expense.

(n) In the matter of Cutler's patent, Webst. P. C. 424.

38. Every application to the Lord Chancellor against, or in relation to the sealing of letters patent, shall be by notice; and such notice shall be left at the Commissioners' office, and shall contain particulars in writing of the objections to the sealing of such letters patent. (o)

When the warrant for the patent, according to the old practice, came to the Great Seal Office, notice was sent to the party who had entered the caveat. As he had already had an opportunity of opposing the patent, no more time was allowed him to give notice of opposition than was reasonably necessary to enable him to do so. Two clear days were considered sufficient for a person living at a distance from London. If in answer to the notice he stated his intention to oppose, the applicant for the patent presented a petition to the Lord Chancellor, praying that the caveat might be discharged and the patent sealed.

The allegations in the petition were verified by affidavit. The petition and affidavits were lodged in the Great Seal Patent Office. The petition was put in the paper for the next petition-day. Two clear days' notice of the hearing was given to the party opposing, who might lodge affidavits in answer to those of the applicant.

Office copies of affidavits may be obtained by either party at the Great Seal Patent Office. They will be charged for at the rate of twopence, to be paid by stamps, for every ninety words.(p)

39. It seems to have been the practice, where the objector has not been previously heard before the Attorney or Solicitor-General, for the Lord Chancellor, for his own information, to refer it to the Attorney-General, to inquire and report whether the letters patent ought to issue.(9) When a hearing before the Attorney or Solicitor-General has taken place, the Lord Chancellor will refer it to him for information as to how the matter stood when it left his office. (r)

Two persons severally applied for patents for the same invention; the Solicitor-General reported in favour of both of them. The Lord Chancellor referred it back to the SolicitorOrder of Lord St. Leonards, 1852.

Rules, 1852; stat. 16 Vict.

Cutler's patent, Webst. Pat. C. 418.

Ex parte Henson, re Alcock, Webst. P. C. 432. Re Prosser's patent; re Pinkus's patent, 4 Law Times, 409.

General, to report whether the patents clashed, and if so, who was the first inventor, not who first presented the petition. (8)

40. The question before the Lord Chancellor is, whether there is sufficient reason for not affixing the great seal, whether he can see that the Crown has been deceived. He will not enter into any very particular inquiry whether the invention is useless. If he thinks it, or any part of it, new, and the subject of a patent, he will not refuse to affix the great seal.(t) If there is any clause in the patent which the Lord Chancellor thinks improper, he will not seal it.(u)

41. When the report of the law officer, to whom the matter is referred, is unfavourable to the petitioner, a second petition may be presented, supported by affidavits setting out the facts, and excepting to the report of the law officer, and upon that the Chancellor will adjudicate.(x)

Where the evidence, as to who was the original inventor, was very conflicting, the Solicitor-General reported, that the whole of the questions between the parties had better be considered in a court of law, and recommended that both patents should be sealed. The Lord Chancellor said, there must be a very strong case after that to prevent either patent passing the great seal.(y)

42. Costs may be given for or against the parties opposing, at the discretion of the Court. In one case where he thought the opposition not unreasonable, Lord Eldon refused to give costs.(z) Since it has been the practice to give them, oppositions at the great seal have been much less frequent.

It has been considered not a reasonable ground of opposition, that the party entering a caveat thinks that the applicant cannot carry out his invention without using some patent of the party opposing. (a)

The taxation of costs in the absence of any special direc

Re Griffiths' patent, re Samuda's patent, 5 Law Times, 141. Cutler's patent, Webst. P. C. 418. Ex parte Daly, Vern. & Scriven, 499; S. C. Webst. P. C. 432.

(u) Ex parte Heathcote, in re Lacy, Webst. Pat. Ca. 431; S. C. Rep. 1829, 202. Ex parte O'Reilly, 1 Vesey, 112.

(x) Cutler's patent, Webst. P. C. 410.

(y) Re Prosser's patent, re Pinkus's patent, 5 Law Times, 189.

(z) Cutler's patent, Webst. Pat. Ca. 430; S. C. 4 Mylne & Craig, 510. In re Alcock, 4 M. & C. 511. Ex parte Fox, 1 V. & B. 67. (a) Prosser's patent, 5 Law Times, 189.

tions will be conducted in the ordinary manner, and upon the same principles on which the taxation of costs in a chancery suit, between party and party proceeds. (b)

The Lord Chancellor has only jurisdiction to give the costs. An order for the costs, charges, and expenses of and occasioned by the caveat and opposition, is erroneous. (c)

SECTION VII.-THE LETTERS PATENT.

43. By stat. 16 Vict., which repeals stat. 15 & 16 Vict. cap. 83, s. 17, all letters patent for inventions granted under the provisions of the Patent Law Amendment Act, 1852, except in the cases provided for in the fourth section, shall be made subject to the condition that the same shall be void, and that the powers and privileges thereby granted shall cease and determine at the expiration of three years and seven years respectively from the date thereof, unless there be paid before the expiration of the said three and seven years respectively, the stamp-duties in the schedule. to that Act annexed, expressed to be payable before the expiration of the third year and the seventh year respectively; and such letters patent, or a duplicate thereof, shall be stamped with proper stamps, showing the payment of such respective stamp-duties, and shall, when stamped, be produced before the expiration of such three years and seven years respectively, at the office of the Commissioners, and a certificate of the production of such letters patent, or a duplicate, stamped, shall be indorsed by the clerk of the Commissioners on the letters patent or duplicate, and a like certificate shall be indorsed upon the warrant for such letters patent filed in the said office.

44. By 15 & 16 Vict. cap. 83, s. 18, the Commissioners, so soon after the sealing of the said warrant as required by the applicant for the letters patent, shall cause to be prepared letters patent for the invention according to the tenor of the said warrant, and it shall be lawful for the Lord Chancellor to cause such letters patent to be sealed with the great seal of the United Kingdom; and such letters patent so sealed shall extend to the whole of the United Kingdom of Great Britain and Ire(b) Cutler's patent, 4 Mylne & Craig, 510. (c) Coates's patent, 10 L. J. N.s. Chy. 248.