INDEX.

ACCOUNT OF PROFITS

in action for infringement, 292. See DAMAGES

before filing of bill, not ordered where unnecessary delay, 293

in taking, plaintiff entitled to know defendant's profits prior to use of
his invention, 293

ACCOUNTS

necessary on petition for extension of patent, 199. See EXTENSION, etc.
ACTION FOR Infringement, 272. See INFRINGEMENT

may be brought in any division of High Court of Justice, 272
cannot be brought before patent has been granted, 105, 272

or for infringements committed before publication of complete specifi-
cation, 272

or in interval between expiration of patent and grant of new term, 206
plaintiff cannot have both damages and account of profits in, 292
may lose damages for infringements committed while fees
unpaid, 294

who may bring--

unregistered assignee cannot, 216, 230

except against licensees from assignor subsequent to and with
notice of assignment, 216, 230

assignee of separate part of a patent may bring separate, 218

survivor of two assignees may, 218

exclusive licensee cannot, without joining patentee, 225

unregistered owner may, where name on register is that of trustee
for him, 232

particulars of breaches to be delivered in, 279. See PARTICULARS
several, by one plaintiff may be consolidated, 276

but not until each defendant has given full discovery, 276

defence to, 4

invention of improvements is not, 246

common dilemma, 247

particulars of objections to be delivered with, 280. See PARTICULARS
secret process set up as, 286

every ground for repealing patent by scire facias is, 309

issues in, 276. See ISSUES

inspection in, 277. See INSPECTION

of documents, 283

interrogatories, 282, 284

production of models before trial of, refused, 283

trial of, to be without jury unless otherwise ordered, 284
of issues of fact in, may be before a referee, 285
whose report equivalent to finding of a jury, 285
assessor may be called in on, 285

ACTION FOR INFRINGEMENT - continued

on trial of, Court may order that competent person should ascertain
facts or make experiments, 285

Court may allow patentee in, to apply to amend specification, 286
evidence, 287

experiments made for, distrusted by Court, 287

of infringement or objections not admitted, except by leave, unless
particulars delivered, 287

of general public knowledge, 280
of anticipations, 281

onus of proof, 287

of patentee, how far admissible, 288
further, on appeal, 288

scientific witnesses, 288

functions of judge and jury at trial of, 289

damages, 292. See DAMAGES

account of profits, 292. See ACCOUNT OF PROFITS

injunctions, 272, 294. See INJUNCTION

delivery up or destruction, 295

in general, no stay of proceedings pending appeal, 294

in Scotland, 295

in Ireland, 296

in Isle of Man, 296

provision as to leave to serve writ in Scotland or Ireland, 296

certificates and costs, 297. See CERTIFICATE; COSTS

pending an, plaintiff may be restrained from advertising positive state-
ment that defendant has infringed, 305

and where he has obtained leave to amend specification may be
restrained from issuing threatening circulars to defendant's
customers, 306

ACTION TO RESTRAIN THREATS, 303

may be brought under section 32 of the Act, 303

unless person threatening commences and prosecutes with due
diligence action for infringement, 303

which includes action for royalties on articles alleged to be
outside licence, 308

and if action fails he is not liable in threat action unless
evidence of malice, 304

infringement action need not be against plaintiff in threat
action, 307

but infringement of person sued must be of same cha-
racter, 307

interpretation of words' due diligence,' 307

plaintiff in, must show non-infringement or that patent invalid, 304
if the latter, defendant entitled to particulars of objections and
other rights as if plaintiff in action for infringement, 304

result of cases relating to, 304

threats :-

letter from patentee's solicitor, 305

notices by patentee to users of plaintiff's invention, 305

letter written without prejudice,' 305

private letter to customer of plaintiff, 305

interlocutory injunctions in, 306

must not be moved for ex parte, 306

refused where defendant undertakes to bring with due diligence
action for infringement, 306

but granted if undertaking not performed, 306

granted to restrain threats by plaintiff in pending action for in-
fringement after leave to apply for disclaimer obtained, 306

ACTION TO RESTRAIN THREATS-continued

damages in, 303, 308

no certificate in, that validity of patent came in question, 308
costs, 308

ADVERTISEMENT

of acceptance of application, 95

of complete specification, 104

of application for amendment, 178

of amendments made, 180

of application for extension, 193

AGENTS.

See PATENT AGENT

may act for applicants, 378

may not sign applications, 378

may not apply in name of owner for injunction, 225

for infringers liable for infringements, 265
cannot present petition for revocation, 310

AMENDMENT OF SPECIFICATION, 178

might be by disclaimer under old law, 178

but now under Act of 1883 by disclaimer, correction, or explana-
tion, 178

where action for infringement or proceeding for revocation of patent
pending, leave of Court must be obtained to apply for, 179, 184
and must be by way of disclaimer, 184

terms upon which leave given, 185

discretion of the Court is absolute, 185

office-copy of judge's order must be left at Patent Office, 184

writ of prohibition to prevent comptroller proceeding, refused, 184
after judgment, leave of Court unnecessary, 184

where several proceedings pending, unnecessary to apply for leave
in all, 184

after specification becomes public must be under section 18, 179
other amendments must be under sections 7 and 9, 179

procedure as to, under section 18:-

request in writing for leave for, to be made, 178

and to be advertised, 178

any person may give notice of opposition to, within one month, 178
comptroller to notify opposition to, to applicant, 178

and hear and decide case, subject to appeal to law officer,
178

law officer, if required, to hear applicant, and opponent if
entitled to be heard, 179

and decide if, and on what conditions, to be allowed, 179
where no opposition, or opponent does not appear, comptroller to
decide if, and on what conditions, to be allowed, 179

if leave refused applicant may appeal to law officer, 179
law officer, if required, to hear applicant and comptroller,
and may decide if, and on what conditions, to be allowed, 179
when made, to be advertised, 180

rules as to, 377, 391

form of application for, 386, 398

not allowed to substantially enlarge or alter invention claimed, 179, 186
no prohibition lies to law officer, 180

but amendment allowed by comptroller or law officer may be
questioned in court of law, 180

ought to be allowed at patentee's peril, when question doubt-
ful, 186

AMENDMENT OF SPECIFICATION-continued

allowed for insertion of correct description of drawing, 184
leave for, conclusive as to right of party to make, 179

except in case of fraud, 179

when allowed, deemed to form part of the specification, 179
opposition to:-

opponent must have interest, 180

grounds of, 181

comptroller may impose conditions on giving leave for, 180

restriction on recovery of damages for use of invention before, 183, 294
by disclaimer:-

may reject claim to any of the parts where both combination and
subordinate parts claimed, 186

may not strike out whole of claim and insert claim to subordinate
part, 186

should leave sufficient to support patent, 187

may cut down claim for all methods to particular method de-
scribed, 187

cases under the old law, 187-189

powers of the Master of the Rolls as to, 189

as to clerical errors, 190

costs of, 190

AMENDMENT of documents by comptroller, 324

AMERICA, UNITED STATES,

patent laws of, 421

ANTICIPATION. See PUBLICATION; USER

APPEAL

from comptroller to law officer, 95, 103, 159, 178

none from law officer in cases of opposition to grant of patent or of

amendment of specification, 161, 180

none from Board of Trade in cases of compulsory licences, 226

rules on appeals to law officers, 406

form of notice of, 404

APPLICANT.

See APPLICATION FOR PATENT

for letters patent must be inventor or inventors, 86, 30

but non-inventors may join in application, 86

who may be, 86-88

any person, British subject or not, 86. See FOREIGN PATENTS
body corporate, 86

first importer, 86. See COMMUNICATION, etc.

but must reside in United Kingdom, 87

infants and women, 88

legal representative of deceased inventor, 88

on death of, patent may be granted to legal representative, 88
who may perhaps leave complete specification, 104

and patent may be sealed within twelve months after, 171

APPLICATIONS,

patents for, 76. Sec SUBJECT-MATTER

cases as to, 77-85

APPLICATION FOR PATENT,

who may make, 86–88. See APPLICANT
joint applications, 86