In the case of Griffin's Applications (6 R. P. C. 296), the law officer refused to seal the applicant's patents, as there was strong reason for believing that the applicant had acquired his knowledge of the inventions from the opponent.

In the case of Abel's Application, No. 1908, 1876, opposed by De Muller, August 2, 1876, Giffard, S. G., held that he could not take any official notice of alleged fraudulent proceedings abroad on the part of the foreign communicator of Abel's invention as against the opponent. He could not look behind the applicant Abel, who, as the first importer or introducer of the invention into Her Majesty's realm, was in law the inventor. And this course was followed in Edmund's Patent, 1 Griff. P. C. 281; and Lake's Patent, 5 R. P. C. 415.

COSTS.

The Comptroller has no authority to award costs; but the law officers have power, under the thirty-eighth section of the Act of 1883, to order costs to be paid by either party, and any such order may be made a rule of Court. See the Law Officers Rules, 11 and 12. As a general rule costs follow the event, but there may be special circumstances to influence the law officer. It is to be hoped that in any future legislation power will be given to the Comptroller to deal with costs of oppositions. It seems to be but just that in cases of frivolous and unsuccessful oppositions the opponents should pay the costs of the applicant.

CHAPTER XII.

THE PATENT: ITS DATE, DURATION, AND EXTENT.

By the twelfth section of the Patents Act of 1883 it is enacted that if there is no opposition to the grant of a patent, or in case of opposition if the determination is in favour of the grant, the Comptroller shall cause a patent to be sealed with the seal of the Patent Office, and a patent so sealed shall have the same effect as if it were sealed with the Great Seal of the United Kingdom. It is further directed that a patent shall be sealed as soon as may be, and not after the expiration of fifteen months from the date of application, except (1) where the sealing has been delayed by an appeal to the law officer, or by opposition to the grant, in which case the patent may be sealed at such time as the law officer may direct; and (2) if the applicant should die before the expiration of the fifteen months, in which case the patent may be granted to his legal representative, and sealed at any time within twelve months of the applicant's death.

But by the third section of the amending Act of 1885 it was enacted that a complete specification may be left and accepted within such extended times, not exceeding one month and three months respectively, after the said nine and twelve months respectively, as the Comptroller may, on payment of the prescribed fee, allow, and where such extension of time has been allowed, a further extension of four months after the said fifteen months shall be allowed for the sealing of the patent; and the principal Act shall have effect as if any time so allowed were added to the said period specified in the principal Act. Applications for

enlargement of time must state on what circumstances, and upon what grounds the enlargement is applied for. (See the Forms U and V.)

By the thirteenth section of the Act of 1883 it is directed that every patent shall be dated and sealed as of the day of the application. The same section provides that in case of more than one application for a patent for the same invention, the sealing of a patent on one of those applications shall not prevent the sealing of a patent on an earlier application. This proviso was intended to apply to such cases as Ex parte Bates & Redgate (L. R. 3 Ch. 577) and Ex parte Manceaux (L. R. 6 Ch. D. 274); see these cases cited in the chapter on Oppositions.

In the event of the death of an applicant for a patent before the sealing of the patent, it may be granted, under section 12 subsection (3 b) of the Act of 1883, to his legal representative, and sealed at any time within twelve months after the death of the applicant. In such a case application must be made to the Comptroller, who will require to be furnished with an official copy of or extract from the will or letters of administration, in proof of the applicant's title as legal representative.

By the eighty-sixth section of the Patents Act of 1883 the Comptroller may refuse to grant a patent for an invention, the use of which would, in his opinion, be contrary to law or morality.

The sixteenth section of the Act of 1883 directs that every patent when sealed shall have effect throughout the United Kingdom and the Isle of Man, leaving out the Channel Islands, which have been previously included.

The duration of every patent is by the seventeenth section of the Act of 1883 directed to be limited therein to fourteen years from its date. According to the case of Russell v. Ledsam (14 M. & W. 574), the time runs from the day of the date of the patent, including that day: for instance, a patent for fourteen years, dated February 26, 1825, was held to expire at twelve o'clock on the night of February 25, 1839. As to the mode of obtaining an exten

sion of the term, and the principles which guide the Privy Council in deciding upon the application, the reader is referred to Chapter XIV.

By the thirty-third section of the Act of 1883 every patent may be in the form set forth in the first schedule, but this form the Board of Trade has power, under the 101st section subsection 2, to alter or amend. Further, by the thirty-third section a patent is to be granted for one invention only, but no objection to a patent can be taken in an action or other proceeding on the ground that it comprises more than one invention.

On reference to the form of patent printed in the Appendix to this volume it will be seen that the Crown grants unto A. B. especial licence, full power, sole privilege and authority, that he, the said patentee, by himself, his agents or licensees, at all times thereafter during the term of fourteen years from the date, may make, use, exercise, and vend his invention within the United Kingdom of Great Britain and Ireland, and Isle of Man, in such manner as to him or them shall in his or their discretion seem meet; and to the end that the said patentee may have and enjoy the sole use and exercise and the full benefit of the said invention, all the Queen's subjects whatsoever are strictly commanded not to infringe the patent. It is, however, provided that, if it shall be made to appear to the Crown or the Privy Council that the grant is contrary to law, or prejudicial or inconvenient to the subjects of the realm in general, or that the invention is not a new invention as to the public use and exercise thereof within the United Kingdom, &c., or that the said patentee is not the first and true inventor thereof within the realm, the patent shall be void.

There are also other provisoes, the two most important of which make the grant void-first, if the said patentee shall not pay all fees by law required to be paid in respect of the patent or in respect of any matter relating thereto at the time or times and in manner for the time being by law provided; and, second, if the said patentee shall not supply or cause to be supplied for the service of the Crown all

such articles of the said invention as may be required by the officers or commissioners administering any department of the service in such manner, at such times, and at and upon such reasonable prices and terms as shall be settled in manner for the time being by law provided.

By the operation of the seventeenth section of the Act of 1883 every patent will cease if the patentee fails to make the prescribed payments within the prescribed times. A payment of 50l. must be made before the end of the fourth year and 1001. before the end of the eighth year (or before the end of the seventh year, in case of patents dated prior to January 1, 1884). Or instead of these payments annual fees may be paid. These annual fees and the prescribed. times for payment are set forth in the Appendix to this volume. As to the procedure in regard to certificates of payment or renewal see rules 45-48 of the Patents Rules 1890.

It is, however, provided by the seventeenth section of the Act of 1883 that if in any case, by accident, mistake, or inadvertence, a patentee fails to make any prescribed payment within the prescribed time, he may apply to the Comptroller for an enlargement of the time for making that payment; and thereupon the Comptroller shall, if satisfied that the failure has arisen from any of the above-mentioned causes, on receipt of the prescribed fee for enlargement, not exceeding ten pounds, enlarge the time accordingly, but not for more than three months. (As to the procedure, see rule 49 of the Patents Rules 1890, and form K.) It is further provided that if any proceeding shall be taken in respect of an infringement of the patent committed after a failure to make any payment within the prescribed time, and before the enlargement thereof, the Court before which the proceeding is proposed to be taken may, if it shall think fit, refuse to award or give any damages in respect of such infringement.

In the case of Williams v. Nash (28 Bea. 93) it was held that a payment on the third anniversary of the date was a sufficient compliance with the statute which prescribed the