The drawings are for the purpose of elucidating the text, and are to be read in with the specification in order to obtain a correct interpretation (0), but it is doubtful if drawings can be made use of for the purpose of extending the scope of the patent beyond the obvious meaning of the words used in the letter-press (p). (0) Bloxam v. Elsee, 1 Car. & P. 558; Lawrence v. Perry, 2 P. O. R. 180, 186; Pickard v. Prescott, 7 P. O. R. 365; Miller v. Scarle, 10 P. O. R. 111. (p) Clark v. Adie, L. R., 2 App. Cas. 339; Fairburn v. Household, 3 P. O. R. 267; but see Pickard v. Prescott. 7 P. O. R. 365. CHAPTER VIII. APPLICATION AND ACCEPTANCE. In a previous chapter the question as to who is entitled to apply for a grant of letters patent has already been considered, and in the present chapter it is proposed to deal with the law and practice relating to the application for a grant, and the acceptance of the complete specification by the Comptroller. Sect. 5 of the Act of 1883, as amended by the Acts of 1885 and 1888, enacts: : (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." Applications for patents for inventions made in Great Britain and Ireland and Isle of Man must be made in Form A, for inventions communicated from abroad in Form A 1, and applications for patent under International and Colonial arrangements must be in Form A 2 (a). Quaere, if the wrong form were used, would the patent be thereby invalidated. The applicant must himself sign the application, but for the purpose of all other communications with, and all other attendances upon the Comptroller he may employ an agent (b), such agent need not be a "patent agent," but he must be an agent duly authorised to the satisfaction of the Comptroller (c). In the case of an application by two or more persons, the application must be signed by all those persons, but it is not absolutely essential that complete specification should be signed by more than one of them (d). (a) See appendix p. 440. (b) P. R. 1890, r. 8, p. 424, post. 9 P. O. R. 164; for forms of authorisation see appendix, p. 441. (d) McEvoy's patent, 7 P. O. R. 151. A document sent to the Patent Office by post is deemed to have been left at the time when the letter containing the same would be delivered in the ordinary course of post, and it is sufficient to prove that the letter was properly addressed and posted (e). Rules 9 and 10 of Patent Rules, 1890, contain formal regulations with regard to applications and other communications sent to or left at the Patent Office (ƒ). If a person possessed of an invention dies without having made an application for a patent, application may be made by, and a patent for the invention granted to his legal representative, but such application must be made within six months of the decease of the inventor (g). Sect. 5, sub-sect. 2 enacts: "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. "The declaration may be either a statutory declaration under the Statutory Declarations Act, 1835, or not, as may be from time to time prescribed." The form of such declaration and the manner in which it is to be made is regulated by Rules 17 and 17a of the Patent Rules, 1890. Where the inventor is incapable, by reason of infancy, lunacy, or other inability, of making any declaration or doing anything required or permitted by the Act, such declarations may be made and such things may be done on his behalf by the guardian or committee of such incapable person, or by any person appointed by the Court (h). Statutory declarations made in conformity with this Act are exempt from the stamp duty of two shillings and sixpence charged on a statutory declaration made under the Statutory Declarations Act, 1835, by the Stamp Act, 1870 (i). (e) Sect. 97 of the Act of 1883; see also P. R. 1890, r. 16, a. (f) See p. 424, post. (g) Sect. 34; see also P. R. 1890, r. 20, p. 427, post. (h) Sect. 99. (i) 47 & 48 Vict. c. 62, sect. 9. Only one invention may be the subject of an application, but it is not competent for any person in an action or other proceeding to take any objection to a patent on the ground that it comprises more than one invention (k). In Jones' Patent, Herschell, S.-G., said ()" I should always allow alternative devices for producing a particular object as one invention. But if you say I have invented six different kinds of railway sleepers, each of which has its own merits and purposes and objects distinct, then there are six inventions. You may get in one patent the combination, and you may get all subordinate parts of that combination, so far as you claim to use them for one main purpose, but if you are going to claim a subordinate part, or one of the elements of the combination for a purpose independent of the purpose of the combination, then you have got an extra invention, and it is not all one (m)." In Hearson's Application the provisional specification intimated that the invention was applicable to "other purposes"; those words were struck out by the Comptroller on the ground that it amounted to more than one invention, and this decision was affirmed by the Solicitor-General (n). Where a person, by inadvertence or otherwise, includes in his application more than one invention, he may, after the refusal of the Comptroller to accept such application, apply for separate patents for each of his inventions, which applications shall, if the applicant notify his desire to that effect to the Comptroller, bear the date of the first application (o). The meaning of the words true and first inventor, and the requisites of provisional and complete specifications, have already been dealt with in previous chapters. Sect. 6 of the Act of 1883 enacts that:-" 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." (k) 46 & 47 Vict. c. 57, sect. 33. (1) Griff. P. Č. 265. (m) See also Hearson's Patent, Griff. P. C. 266; Robinson's Patent, Griff. P. C. 267. (n) Griff. P. C. 26 Sect. 2 of the Act of 1888 repeals sect. 7 of the principal Act, and enacts that : (1) " 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 drawings be amended before he proceeds with the application; and in the latter case the application shall, if the comptroller so directs, bear date as from the time when the requirement is complied with." (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." (4) "The comptroller shall, when an application has been accepted, give notice thereof to the applicant." (5) “If, after an application for a patent has been made, but before the patent thereon has been sealed, another application for a patent is made, accompanied by a specification bearing the same or a similar title, the comptroller, if he thinks fit, on the request of the second applicant, or of his legal representative, may, within two months of the grant of a patent on the first application, either decline to proceed with the second application, or allow the surrender of the patent, if any, granted thereon." The report of the examiner is not to bind the judgment of the comptroller, but merely to assist him in making his decision as to whether the application and specifications fulfil the requirements of the Act (p). It is difficult to define exactly what is the meaning of the words "whether the nature of the invention has been fairly described," and there is no direct decision on the point, but it is to be presumed that the duty of the comptroller and examiner does not extend to a minute criticism of specifications, but amounts in fact to deciding whether on the face of it T. (p) In re C's Application, 7 P. O. R. 250. K |