Power for more than twelve perlegal interest in sons to a letters patent. Falsification or forgery of entries may assign the letters patent for England, Scotland, or Ireland respectively as effectually as if the letters patent had been originally granted to extend to England or Scotland or Ireland only, and the assignee or assignees shall have the same rights of action and remedies, and shall be subject to the like actions and suits, as he or they should and would have had and been subject to upon the assignment of letters patent granted to England, Ireland, or Scotland before the passing of this Act. 36. Notwithstanding any proviso that may exist in former letters patent, it shall be lawful for a larger number than twelve persons hereafter to have a legal and beneficial interest in such letters patent. 37. If any person shall wilfully make or cause to be made a misdemeanor. any false entry in the said register of proprietors, or shall wilfully make or forge, or cause to be made or forged, any writing falsely purporting to be a copy of any entry in the said book, or shall produce or tender, or cause to be produced or tendered, in evidence, any such writing knowing the same to be false or forged, he shall be guilty of a misdemeanor, and shall be punished by fine and imprisonment accordingly. Entries may be expunged. Provisions of 5 & 6 Wm. IV. c. 83, 38. If any person shall deem himself aggrieved by any entry made under colour of this Act in the said register of proprietors, it shall be lawful for such person to apply, by motion, to the Master of the Rolls, or to any of the courts of common law at Westminster in term time, or by summons to a judge of any of the said courts in vacation, for an order that such entry may be expunged, vacated, or varied; and upon any such application the Master of the Rolls, or such court or judge respectively, may make such order for expunging, vacating, or varying such entry, and as to the costs of such application, as to the said Master of the Rolls or to such court or judge may seem fit; and the officer having the care and custody of such register, on the production to him of any such order for expunging, vacating, or varying any such entry, shall expunge, vacate, or vary the same, according to the requisitions of such order. 39. All the provisions of the Acts of the session holden in and of 7 & 8 Vict. the fifth and sixth years of King William the Fourth, chapter c. 69, as to dis- eighty-three, and of the session holden in the seventh and moranda of alte eighth years of her Majesty, chapter sixty-nine, respectively, claimers and me to patents under disclaimers and sioners. relating to disclaimers and memoranda of alterations in letters rations to apply patent and specifications, except as hereinafter provided, shall this Act. be applicable and apply to any letters patent granted and to any specification filed under the provisions of this Act: Provided always, that all applications for leave to enter a disclaimer or memorandum of alteration shall be made, and all caveats relating thereto shall be lodged at the office of the commissioners, and shall be referred to the respective law officers in the said first-recited Act mentioned: Provided Applications for also, that every such disclaimer or memorandum of alteration caveats to be at shall be filed in the office appointed for filing specifications in office of commisChancery under this Act, with the specification to which the same relates, in lieu of being entered or filed and enrolled as required by the said first-recited Act, or by the Act of the session holden in the twelfth and thirteenth years of her Majesty, chapter one hundred and nine, and the said Acts shall be construed accordingly: Provided also, that such filing of any disclaimer or memorandum of alteration, in pursuance of the leave of the law officer in the first-recited Act mentioned, certified as therein mentioned, shall, except in cases of fraud, be conclusive as to the right of the party to enter such disclaimer or memorandum of alteration under the said Acts and this Act; and no objection shall be allowed to be made in any proceeding upon or touching such letters patent, specification, disclaimer, or memorandum of alteration, on the ground that the party entering such disclaimer or memorandum of alteration had not sufficient authority in that behalf: Provided also, that no action shall be brought upon any letters patent in which or on the specification of which any disclaimer or memorandum of alteration shall have been filed in respect of any infringement committed prior to the filing of such disclaimer or memorandum of alteration, unless the law officer shall certify in his fiat that any such action may be brought, notwithstanding the entry or filing of such disclaimer or memorandum of alteration. 5 & 6 Wm. IV. Viet. c. 69, as to 40. All the provisions of the said Act of the fifth and Provisions of sixth years of King William the Fourth for the confirmation of any letters patent, and the grant of the new letters c. 67; and 7 & 8 patent, and all the provisions of the said Act, and of the Acts confirmation and of the session holden in the second and third years of her apply to patents prolongation, to Majesty, chapter sixty-seven, and of the session holden in the under this Act. seventh and eighth years of her Majesty, chapter sixty-nine, respectively, relating to the prolongation of the term of letters patent,' and to the grant of new letters patent for a further term, shall extend and apply to any letters patent granted under the provisions of this Act, and it shall be lawful for her Majesty to grant any new letters patent, as in the said Acts mentioned; and in the granting of any such new letters patent her Majesty's order in council shall be a sufficient warrant and authority for the sealing of any new letters patent, and for the insertion in such new letters patent of any restrictions, conditions, and provisions in the said order mentioned; and the Lord Chancellor, on the receipt of the said order in council, shall cause letters patent, according to the tenor and effect of such order, to be made and sealed in the manner herein directed for letters patent issued under the warrant of the law officer: Provided always, that such new letters patent shall extend to and be available in and for such places as the original letters patent extended to and were available in: Provided also, that such new letters patent shall be sealed and bear date as of the day after the expiration of the term of the original letters patent which may first expire. 41. In any action in any of her Majesty's superior courts of record at Westminster or in Dublin for the infringement of particulars to be letters patent, the plaintiff shall deliver with his declaration evidence allowed particulars of the breaches complained of in the said action, and the defendant, on pleading thereto, shall deliver with his pleas, and the prosecutor in any proceedings by scire facias to repeal letters patent shall deliver with his declaration, particulars of any objections on which he means to rely at the trial in support of the pleas in the said action or of the suggestions of the said declaration in the proceedings by scire facias respectively; and at the trial of such action or proceedings by scire facias, no evidence shall be allowed to be given in support of any alleged infringement or of any objection impeaching the validity of such letters patent which shall not be contained in the particulars delivered as aforesaid: Provided always, that the place or places at or in which and in what manner the invention is alleged to have been used or published prior to the date of the letters patent shall be stated in such particulars Provided also, that it shall and may be lawful In actions for infringement of letters patent, delivered, and no not mentioned therein. See the explanation of this section given by the seventh section of 16 & 17 Vict. c. 115.-Eds. 2 The defendants cannot be called on to state the names and addresses for any judge at chambers to allow such plaintiff or defendant or prosecutor respectively to amend the particulars delivered as aforesaid, upon such terms as to such judge shall seem fit: Provided also, that at the trial of any proceeding by scire facias to repeal letters patent the defendant shall be entitled to begin and to give evidence in support of such letters patent; and in case evidence shall be adduced on the part of the prosecutor impeaching the validity of such letters patent, the defendant shall be entitled to the reply. law may grant 42. In any action in any of her Majesty's superior courts Courts of common of record at Westminster and in Dublin for the infringement injunction in case of letters patent, it shall be lawful for the court in which such of infringement. action is pending, if the court be then sitting, or if the court be not sitting, then for a judge of such court, on the application of the plaintiff or defendant respectively, to make such order for an injunction, inspection, or account, and to give such direction respecting such action, injunction, inspection, and account, and the proceedings therein respectively, as to such court or judge may seem fit.1 tion of costs. 43. In taxing the costs in any action in any of her Majesty's Particulars to be superior courts at Westminster or in Dublin, commenced after regarded in taxathe passing of this Act, for infringing letters patent, regard shall be had to the particulars delivered in such action, and the plaintiff and defendant respectively shall not be allowed. any costs in respect of any particular, unless certified by the judge before whom the trial was had to have been proved by such plaintiff or defendant respectively, without regard to the general costs of the cause; and it shall be lawful for the judge before whom any such action shall be tried to certify on the record that the validity of the letters patent in the declaration of the persons by whom, or the dates at which, the invention is alleged to have been used. (Flower v. Lloyd, L. R. 6 Ch. D. 297.) Under this clause application was made to the Court of Exchequer for liberty for the plaintiffs in an action for the infringement of a patent for making printer's type of a certain combination of metals, to inspect type, and if necessary to take specimens for the purpose of being analyzed, in order to ascertain if it was an infringement of the patent. The application was refused, the Court saying, 1st, that it was very doubtful whether it had power to grant such an application under any circumstances; 2nd, that even if it had such power, it must be clearly shown that there had been an infringement; and, 3rd, that an order for simple inspection would not be granted unless the case were such that a court of equity would grant an injunction (Patent Type Founding Co. v. Lloyd, 6 Jur. N. s. 103); see also Holland v. Fox (3 Ell. & Bl. 977). Payments and stamp duties on letters patent to be as in schedule 2 mentioned came in question;1 and the record, with such certificate, being given in evidence in any suit or action for infringing the said letters patent, or in any proceeding by scire facias to repeal the letters patent, shall entitle the plaintiff in any such suit or action, or the defendant in such proceeding by scire facias, on obtaining a decree, decretal order, or final judgment to his full costs, charges, and expenses, taxed as between attorney and client, unless the judge making such decree or order, or the judge trying such action or proceeding, shall certify that the plaintiff or defendant respectively ought not to have such full costs: Provided always, that nothing herein contained shall affect the jurisdiction and forms of process of the courts in Scotland in any action for the infringement of letters patent, or in any action or proceeding respecting letters patent hitherto competent to the said courts: Provided also, that when any proceedings shall require to be taken in Scotland to repeal any letters patent, such proceedings shall be taken in the form of an action of reduction at the instance of her Majesty's advocate, or at the instance of any other party having interest, with concurrence of her Majesty's advocate, which concurrence her Majesty's advocate is authorized and empowered to give upon just cause shown only. 44. There shall be paid in respect of letters patent applied for or issued as herein mentioned, the filing of specifications and disclaimers, certificates, entries and searches, and other matters and things mentioned in the schedule to this Act, such fees as are mentioned in the said schedule; and there shall be paid unto and for the use of her Majesty, her heirs and successors, for or in respect of the warrants and certificates mentioned in the said schedule, or the vellum, parchment, or paper on which the same respectively are written, the stamp duties mentioned in the said schedule; and no other stamp duties shall be levied, or fees, except as hereinafter mentioned, taken in respect to such letters patent and specifications, and This certificate may be given on a trial in the Court of Chancery (Needham v. Oxley, 8 L. T. N. s. 604; Davenport v. Rylands, 1 Law Rep. Eq. 308). 2 As to what is a sufficient certificate to enable the Court to direct the costs to be thus taxed, see Betts v. De Vitre (11 Jur. N. s. 11); Bovill v. Hadley (17 C. B. N. s. 435; S. C. 10 L. T. N. s. 650). A patentee who has once obtained this certificate may have his full costs in any subsequent action for infringement, even although the validity of the patent may not have been questioned in such action. Davenport v. Rylands (1 Law Rep. Eq. 308; S. C. 35 L. J. N. s. Ch. 204). |