powers, authority, and discretion in respect to the said warrant, and the Letters Patent therein directed to be made under this Act, as he has heretofore had and exercised with respect to the Privy Seal Bill, and the making and issuing of Letters Patent for inventions according to the manner heretofore used.

XVII. All Letters Patent for inventions granted under the provisions of this Act shall be made subject to the condition that the same shall be void, and that the powers and privileges thereby granted shall cease and determine, at the expiration of three years and seven years respectively from the date thereof, unless there be paid, before the expiration of the said three and seven years respectively, the sum or sums of money and stamp duties in the schedule to this Act annexed; and the payment of the said sums of money and stamp duties respectively shall be endorsed on the warrant for the said Letters Patent; and such officer of the Commissioners as may be appointed for this purpose shall issue under the Seal of the Commissioners a certificate of such pay. ment, and shall endorse a receipt for the same on any Letters Patent issued under the authority of the said warrant; and such certificate, duly stamped, shall be evidence of the payment of the several sums respectively provided also, that such Letters Patent may be made subject to such other conditions for rendering the same void or voidable as to Her Majesty may seem fit.

XVIII. The officer of the Commissioners appointed to seal Letters Patent under this Act, so soon after the receipt of the said warrant as required by the applicant for the Letters Patent, shall issue under the Seal of the Commissioners Letters Patent for the invention according to the tenor of the said warrant applicable to the whole of the United Kingdom of Great Britain and Ireland, the Channel Islands, Isle of Man, and the Colonies and Plantations abroad, and such Letters Patent shall be valid and effectual as to the whole of such United Kingdom, and the said Islands and Isle, and shall confer the like powers, rights, and privileges as might, in case this Act had not been passed, have been conferred by several Letters Patent of the like purport and effect passed under the Great Seal of the United Kingdom, under the Seal appointed to be used instead of the Great Seal of Scotland, and under the Great Seal of Ireland respectively, and made applicable to England, the dominion of Wales, the town of Berwickupon-Tweed, the Channel Islands, and Isle of Man, to Scotland, and to Ireland respectively, save as herein otherwise provided.

XIX. Provided always, that no Letters Patent, save as hereinafter mentioned in the

case of Letters Patent destroyed or lost, shall issue on any warrant granted as aforesaid, unless application be made to seal such Letters Patent within three months after the date of the said warrant.

XX. Provided also, that no Letters Patent (save Letters Patent issued in lieu of others destroyed or lost) shall be issued or be of any force or effect unless the same be granted during the continuance of the provisional protection under this Act, or where a complete specification has been deposited under this Act, then unless such Letters Patent be granted during the continuance of the protection conferred under this Act by reason of such deposit.

XXI. Provided also, that in case any such Letters Patent shall be destroyed or lost, other Letters Patent of the like tenor and effect, and sealed and dated as of the same day, may, subject to such regulations as the Commissioners may direct, be issued under the authority of the warrant in pursuance of which the original Letters Patent were issued.

XXII. It shall be lawful for the Commissioners (the Act of the eighteenth year of King Henry the Sixth, chapter one, or any other Act, to the contrary notwithstanding) to cause any Letters Patent to be issued in pursuance of this Act to be sealed and bear date as of the day of the application for the same, and in case of such Letters Patent for any invention provisionally registered under the "Protection of Inventions Act, 1851," as of the day of such provisional registration, or, where the law officer to whom the application was referred, or the Lord Chancellor, thinks fit and directs, any such Letters Patent as aforesaid may be sealed and bear date as of the day of the sealing of such Letters Patent, or of any other day between the day of such application or provisional registration and the day of such sealing.

XXIII. Any Letters Patent issued under this Act bearing date as of any day prior to the day of the actual sealing thereof shall be of the same force and validity as if they had been sealed on the day on which the same bear date: provided always, that save where such Letters Patent are granted for any invention, in respect whereof a complete specification has been deposited upon the application for the same under this Act, no proceeding at law or in equity shall be had upon such Letters Patent in respect of any infringement committed before the same were actually granted.

XXIV. It shall be lawful for any person to whom Letters Patent at the time of the passing of this Act may have been granted under the Great Seal in respect of any invention, but to whom Letters Patent shall

not have been granted for Scotland or Ire.. land for the said invention, in case the said invention may not have been used or published within Scotland or Ireland at the time of the making of the application hereinafter mentioned, to petition Her Majesty for the grant of Letters Patent for the United Kingdom of Great Britain and Ireland, the Channel Islands and Isle of Man, under the provisions of this Act, and thereupon it shall be lawful for Her Majesty to cause Letters Patent to be issued in the manner hereinafter mentioned, and to be sealed and bear date as of the same day on which the Letters Patent under the Great Seal bear date, without the payment of any fees whatsoever, but subject to the payments on or before the expiration of the third and seventh years respectively as hereinafter provided: Provided always, that on the issuing of the said new Letters Patent the original Letters Patent under the Great Seal shall be thenceforth void and of no force or effect.

XXV. All Letters Patent to be granted under this Act shall require the specification thereunder to be filed in the office of the Commissioners, instead of requiring the same to be enrolled, and no other filing and no enrolment shall be requisite.

XXVI. All specifications deposited at the office of the Commissioners, or filed in pursuance of any condition contained in any Letters Petent granted under this Act, shall be preserved in such manner and subject to such regulations as the Commissioners may from time to time direct; and in case reference shall be made to drawings in any provisional specification, or specification deposited or filed, an extra copy of such drawings shall be left with such specification at the office of the Commissioners.

XXVII. The Commissioners shall cause true copies of all specifications deposited or filed as aforesaid, and of all disclaimers, and memoranda of alterations in relation to such Letters Patent and specifications, and of all provisional specifications after the term of the provisional protection of the said invention shall have expired, to be open to the inspection of the public at the office of the Commissioners, and at an office in Edinburgh and Dublin respectively, at all reasonable times, subject to such regulations as the Commissioners may direct.

XXVIII. The Commissioners shall cause to be printed, published, and sold at such prices and in such manner as they may think fit all provisional specifications and complete specifications deposited, and all specifications, disclaimers, and memoranda of alterations filed in the office of the Commissioners under this Act, and such complete specifications, specifications, disclaimers,

and memoranda respectively shall be so printed and published as soon as conveniently may be after the deposit and filing thereof respectively, and all such provisional specifications shall be so printed and published as soon as conveniently may be after the expiration of the provisional protection obtained in respect thereof; and it shall be lawful for the said Commissioners to present copies of all such publications to such public libraries and museums as they may think fit, and it shall be lawful for the said Commissioners to allow the person depositing or filing any such provisional or other specification, disclaimer, or memorandum of alteration, to have such number, not exceeding twenty-five, of copies thereof so printed and published, without any payment for the same, as they may think fit.

XXIX. It shall be lawful for the Lord Chancellor and the Master of the Rolls to direct the enrolment of specifications, disclaimers, and memoranda of alterations heretofore or hereafter enrolled or deposited at the Rolls Chapel-office, or at the Petty Bag-office, or at the Enrolment-office of the Court of Chancery, or in the custody of the Master of the Rolls as Keeper of the Public Records, to be transferred to the office of the Commissioners.

XXX. The Commissioners shall cause indices to all specifications, disclaimers, and memoranda of alterations heretofore enrolled to be prepared in such form as they may think fit, and shall cause copies of such specifications, disclaimers, memoranda of alterations, and indices to be deposited at the office of the Commissioners, and such indices shall be open to the inspection of the public, subject to the regulations to be made by the Commissioners, and the Commissioners may cause all or any of such indices, specifications, disclaimers, and memoranda of alterations to be printed, published, and sold in such manner and at such prices as the Commissioners may think fit.

XXXI. The copies printed under this Act of specifications, disclaimers, and memoranda of alterations shall be admissible in evidence, and deemed and taken to be prima facie evidence of the existence and contents of the documents to which they purport to relate in all courts and in all proceedings relating to Letters Patent.

XXXII. There shall be kept at the office of the Commissioners a book or books, to be called "The Register of Patents," wherein shall be entered and recorded in chronological order all Letters Patent granted under this Act, the deposit or filing of specifications, disclaimers, or memoranda of alterations filed in respect of such Letters Patent and specifications, all

amendments in such Letters Patent and specifications, all confirmations and extensions of such Letters Patent, the expiry, vacating, or cancelling such Letters Patent, with the dates thereof respectively, and all other matters and things affecting the validity of such Letters Patent as the Commissioners may direct, and such register or a copy thereof shall be open at all convenient times to the inspection of the public at the office of the Commissioners, subject to such regulations as the Commissioners may make.

XXXIII. There shall be kept at the office of the Commissioners a book or books, entitled "The Register of Proprietors," wherein may be entered, in such manner as the Commissioners shall direct, the assignment of any Letters Patent, or of any share or interest therein, any licence under Letters Patent, and the district to which such licence relates, with the name or names of any person having any share or interest in such Letters Patent or licence, the date of his or their acquiring such Letters Patent, share and interest, and any other matter or thing relating to or affecting the proprietorship in such Letters Patent or licence, and a copy of any entry in such book, certified under the Seal of the Commissioners, shall be given to any person requiring the same, on payment of the fee herein after provided; and such copies, so certified and impressed, shall be received in evidence in all courts and in all proceedings, and shall be prima facie proof of the assignment of such Letters. Patent, or share or interest therein, or of the licence or proprietorship, as therein expressed: Provided always, that until such entry shall have been made the grantee or grantees of the Letters Patent shall be deemed and taken to be the sole and exclusive proprietor or proprietors of such Letters Patent, and of all the licences and privileges thereby given and granted; and any writ or scire facias to repeal such Letters Patent may be issued to the Sheriff of the county or counties in which the grantee or grantees resided at the time when the said Letters Patent were granted; and in case such grantee or grantees do not reside in England or Wales, it shall be sufficient to file such writ in the Petty Bagoffice, and serve notice thereof in writing at the last known residence or place of business of such grantee or grantees; and such register or a copy shall be open to the inspection of the public at the office of the Commissioners, subject to such regulations as the Commissioners may make.

XXXIV. If any person shall wilfully make or cause to be made any false entry in the said Register of Proprietors, or shall wilfully produce or tender or cause to be produced

or tendered in evidence any paper or other writing falsely purporting to be a copy of any entry in the said book, he shall be guilty of a misdemeanor, and shall be punished by fine and imprisonment accordingly.

XXXV. 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 the judges of 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 of the Commissioners 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.

XXXVI. All the Provisions of the Acts of the Session holden in the fifth and sixth years of King William the Fourth, chapter eighty-three, and of the Session holden in the seventh and eighth years of Her Majesty, chapter sixty-nine, respectively, relating to disclaimers and memoranda of alterations in Letters Patent and specifications, except as herein-after provided, shall be applicable and apply to any Letters Patent granted 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 also, that every such disclaimer, or memorandum of alteration, shall be filed in the office of the Commissioners, with the specification to which the same relates, in lieu of being entered or filed and enrolled as required by the said-recited Act, and the said Acts shall be construed accordingly: Provided also, that such filing of any disclaimer and 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 in 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.

XXXVII. All the provisions of the said Act of the fifth and sixth years of King William the Fourth, for the confirmation of any Letters Patent, and the grant of new Letters Patent, and all the provisions of the said Act, and of the Acts of the session holden in the second and third years of Her Majesty, chapter sixty-seven, and of the session holden in the 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 officer of the Commissioners appointed to seal Letters Patent under this Act, 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 part or parts only of the realm 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.

XXXVIII. In any action pending in any of Her Majesty's superior courts of record at Westminster and in Dublin for the infringement of Letters Patent, the plaintiff shall deliver with his declaration particu

lars 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 facia s 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 proceeding 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 always, that it shall and may be lawful 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.

XXXIX. In any action pending in any of Her Majesty's superior courts of record at Westminster and in Dublin for the infringement of Letters Patent, it shall be lawful for the court in which such action is pending, 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 may seem fit.

XL. In taxing the costs in any action commenced after the 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 not 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 mentioned came in question;

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.

XLI. 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 same schedule; and no other stamp duties shall be levied, or fees, except as hereinafter mentioned, taken in respect of such Letters Patent and specifica. tions, and the matters and things in such schedule mentioned.

XLII. The stamp duties hereby granted shall be under the care and management of the Commissioners of Inland Revenue; and the several rules, regulations, provisions, penalties, clauses, and matters contained in any Act now or hereafter to be in force with reference to stamp duties shall be applicable thereto.

XLIII. The fees to be paid as aforesaid shall from time to time be paid into the receipt of the Exchequer, and be carried to and made part of the Consolidated Fund of the United Kingdom.

XLIV. Provided always, that nothing herein contained shall prevent the payment as heretofore to the law officers in cases of appeal, or of opposition to the granting of Letters Patent, and in cases of disclaimers and memoranda of alterations, of such fees as may be appointed by the Lord Chancellor and Master of the Rolls as the fees to be paid on the hearing of such appeals and oppositions, and in the case of disclaimers and memoranda of alterations respectively, or of such reasonable sums for office or other copies of documents in the office of the Commissioners, as the Commissioners may from time to time appoint to be paid

for such copies, and the Lord Chancellor and Master of the Rolls, and the Commissioners, are hereby respectively authorized and empowered to appoint the fees to be so paid in respect of such appeals and oppositions, disclaimers and memoranda of alterations respectively, and for such office or other copies.

XLV. It shall be lawful for the Commissioners of Her Majesty's Treasury from time to time to allow such fees to the lawofficers (for duties under this Act in respect of which fees may not be payable to them under the provision lastly herein before contained), as the Lord Chancellor and Master of the Rolls may from time to time appoint, and to allow such fees to the examiners appointed under this Act, and such salaries and payments to any clerks and officers to be appointed under this Act, and such additional salaries and payments to any other clerks and officers in respect of any addi tional duties imposed on them by this Act, as the said Commissioners of the Treasury may think fit.

XLVI. It shall be lawful for the Commissioners of Her Majesty's Treasury to allow from time to time the necessary sums for providing offices under this Act, and for the fees, salaries, and payments allowed by them as aforesaid, and for defraying the current and incidental expenses of such office or offices; and the sums to be so allowed shall be paid out of such moneys as may be provided by Parliament for that purpose.

XLVII. Accounts shall be kept of the fees mentioned in the schedule to this Act which shall be received thereunder, and of the payments out of the moneys so received; and such accounts shall from time to time be examined, tried, and audited by the Commissioners for examining the public accounts of the kingdom.

XLVIII. And whereas divers persons by virtue of their offices or appointments are entitled to fees or charges payable in respect of Letters Patent as heretofore granted within the United Kingdom of Great Britain and Ireland, or have or derive in respect of such Letters Patent, or the procedure for the granting thereof, fees or other emoluments or advantages:

It shall be lawful for the said Commissioners of the Treasury to grant to any such persons who may sustain any loss of fees, emoluments, or advantages by reason of the passing of this Act, such compensation as, having regard to the tenure and nature of their respective offices and appointments, such Commissioners deem just and proper to be awarded; and all such compensation