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OF POSITIONS TO THE GRANT OF PATENTS, ch. viii., 157

before the law officer, 157

mode of proceeding, 157

grounds for stopping patents, 158

provisional specification not accessible to opponent, 158

where rival applications the law officer ought to determine which
should proceed, 160

may refuse patent to both applicants unless they will take it
jointly, 90

may divide the invention between them, 161

cases before the law officer, 158-162

fees to law officer, 338

before the Lord Chancellor, 163

practice, 163, 164

cases where there had been no opposition before the law officer, 164, 165
grounds for allowing appeal where the matter has been before law
officer, 165

grounds of decision, 166

cases of rival applications, 166-168

the Crown will not grant a second patent in derogation of a former
grant, there being no mala fides, 167

terms sometimes imposed on petitioner, 169

the Lord Chancellor may order the patent to be sealed within a
month after expiration of provisional protection, 169; and even
after a longer time under special circumstances, 169, 170

costs, 170

PARTICULARS OF BREACHES AND NOTICES OF OBJECTION
required in action for infringement, 229-231

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must be the true and first inventor, 74
or the importer of a new invention, 87

executors or administrators cannot be, unless inventor had applied
for patent, 89, 91

persons in an official position incapable of being, under certain cir-
cumstances, 89

an alien may be, 88

where patent granted to two or more persons, each may work the
invention independently of the others, 91

PATENT. See LETTERS PATENT

no one to mark goods as, without leave of patentee, 270

PENALTY

for marking goods with patentee's name without patentee's leave, 270

PETITION

for patent referred to law officer, 98

rules as to, 336, 358

form of, 317

declaration and provisional specification to accompany, 295

PORTUGAL,

patent law of, 377

PRINCIPLE,

a bare, not patentable, 6

protection for a new, can only be obtained by detailing some specific
mode of its operation, 6

but inventor having discovered one mode of carrying a new
principle into effect, is protected against all other modes of
carrying same principle into effect, 243

when the principle is not new, a patent ought to be confined to the
particular method of carrying it into effect, 243

PRINTED BOOK. See PUBLICATION

PRIOR PUBLICATION. See PUBLICATION

PRIOR USER. See PUBLICATION, PUBLIC USER

need not be continuous up to date of patent, to avoid patent, 53
of invention by inventor, 54

article manufactured and offered for sale by patentee but not sold,
patent void, 54

secus when delay in obtaining patent does not arise from fault of
patentee, 54

whether prior secret user by others will vitiate patent, 53

by way of experiment will not avoid patent, 59

and even though experiments are not private, patent not necessarily
bad, 62. See PUBLIC USER

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must contain all the heads of invention intended to be included in

complete specification, 100

gives no rights against the public, 100

PROVISIONAL SPECIFICATION-continued

may be abandoned and new one substituted, 101

cannot be used to construe complete specification, 106

not made public till after expiration of protection, 101, 304
not accessible to an opponent to the grant, 158, 329

rules as to, 336, 337, 340, 341, 343, 345

PUBLICATION. See PRIOR USER

of invention in printed book, 80-83

will vitiate patent, though patentee did not derive his know-
ledge from book, 83

foreign book in British Museum, 82

circulated in England, 82

in prior specification, 83-86

an invention may safely be deposited in a room open to the public for
testing its qualities, 58

it is not a ground of objection to a patent that the invention was
published between date of patent and date of specification, 47
PUBLIC USER

of invention, what, 39-44, 47-54

need not be continuous up to date of patent to avoid it, 53
by inventor, 54-59

mere experiments do not amount to, 59

QUEENSLAND,

patent law of, 390

REFERENCE

of petition to law officer, form of, 318

REGISTER

of patents, 273

of proprietors, 274. See PATEnt Office

alteration of, by order of Master of the Rolls, 220

what may be inserted on, 221

assignments and licences must be registered, 219, 274

RIVAL APPLICATIONS FOR PATENTS FOR SAME INVENTION, 90, 160, 166.
See OPPOSITIONS

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SALE OF PATENTED ARTICLE EVIDENCE OF INFRINGEMENT, 266

query whether exposure to sale is, 267

SAN SALVADOR,

patent law of, 383

SCIRE FACIAS,

proceedings in action of, chap. xv., 271

SCOTLAND,

offices for patents in, 275

SECOND PATENT in hands of first patentee not void as being against
public policy, 28

may include subject matter of a previous patent, 45, 245

SECOND PATENT-continued

specification under second patent should distinguish the improve-
ments from the previous invention, 132

a second patent for the same invention will not be knowingly
granted except when there is mala fides, 167, 168

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SPECIFICATION, PROVISIONAL, See PROVISIONAL SPECIFICATION

SPECIFICATION, COMPLETE, chap. vii., 102

statutory regulations as to, 102

Crown may order it to be cancelled, 103
clerical errors in, how amended, 103
drawings annexed, 104

object of, 104

must agree in substance with provisional specification, 106
courts of law will construe fairly, not illiberally, 107

construction of, belongs to Court alone, 108

but questions of fact and meaning of technical terms, &c., are
for the jury, 109

identity of two specifications, if simple comparison, is for the Court,
otherwise for the jury, 109, 111. See PUBLICATION

judge's duty with reference to, at the trial, 112

language of, should be clear and precise, 137

must be prepared with good faith, 112

must accurately define invention, 113

must not claim more than patentee entitled to, 113

under what circumstances new parts are to be distinguished from

old, 113, 129-132

must not include more than can be found in letters patent, 96, 119.
See TITLE OF PATENT

must not omit anything essential, 120, 123, 124

must describe most advantageous mode of working invention, 124
must not claim old parts, 127, 132

must separate what is original from what is communicated from
abroad, 88, 113

under second patent should distinguish improvements from original
invention, 132

must not be ambiguous or equivocal, 133; or misleading, 135; or
contain misrepresentations, 140, 141

must not state as important what is not so, 140

need not set forth every mode of applying a principle, 125

nor enter into minute details as to materials or proportions, 126
names of articles to be used, taken in their ordinary sense, 125
under patents for combinations, 126-132

two methods described, one impracticable, patent void, 136
must be intelligible to a person of ordinary skill in the trade, 137
there must be no need to try experiments, 138

must describe improvements made between lodging provisional spe-
cification and filing complete specification, 143

simple mistakes in, explained by context, will not vitiate, 142

evidence not admissible to correct mistakes in, 142

cannot be interpreted by provisional specification, 106

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indexes of, 275

printed and published, 274

complete, may be deposited instead of provisional specification, 102

STAMP

duties payable on letters patent, 172

time for paying, 177

if left unpaid inadvertently, an Act of Parliament may be ob
tained to make patent valid, 177

STRAITS SETTLEMENT,

patent law of, 403

SUBJECT MATTER OF LETTERS PATENT. See LETTERS PATENT, NOVELTY,
UTILITY

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TRUE AND FIRST INVENTOR, 74. See INVENTOR, TRUE AND FIRST
USER. See INFRINGEMENT, NOVELTY, PUBLIC USER, PRIOR USER
UTILITY

as an element of an invention, 29

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