PATENT LAW AMENDMENT ACT, 1852. THIRD SET OF RULES AND REGULATIONS Under the Act 15 & 16 VICT. c. 83, FOR THE PASSING OF LETTERS PATENT FOR INVENTIONS, Rule repealed. One invention in each By the Right Honourable Robert Monsey Lord It is Ordered as follows: Rule VII. of the Second Set of Rules and Regulations of the Commissioners, dated the 15th October 1852, is hereby rescinded. I. Every application for Letters Patent, and every application. title of invention and provisional specification, must be limited to one invention only, and no provisional protection will be allowed or warrant granted where the title or the provisional specification embraces more than one invention. Requisites of title. Copy of specifica II. The title of the invention must point out distinctly and specifically the nature and object of the invention. III. The copy of the specification, or complete specification, directed by the Act 16 & 17 Vict. c. 115, drawings. sect. 3, to be left at the office of the Commissioners tion and on filing the specification or complete specification, shall be written upon sheets of brief or foolscap paper, briefwise, and upon one side only of each sheet. The extra copy of drawings, if any, left with the same, must be made as heretofore, and according to the directions contained in Rule III. of the Lord Chancellor, dated the 1st October 1852. IV. The copy of the provisional specification to be Copy of left at the office of the Commissioners on depositing specificaprovisional the same shall be written upon sheets of brief or tion. foolscap paper, briefwise, and upon one side only of each sheet. The extra copy of drawings, if any, left with the same, must be made as heretofore, and according to the directions contained in Rule II. of the Commissioners, dated the 1st of October 1852. V. All specifications, copies of specifications, pro- Writing of visional specifications, petitions, notices, and other documents left at the office of the Commissioners, and the signatures of the petitioners or agents thereto, must be written in a large and legible hand. documents. giving VI. In the case of all petitions for Letters Patent Time for left at the office of the Commissioners after the 31st notice of day of December 1853, the notice of the applicant of proceeding for patents, his intention to proceed for Letters Patent for his in- and of vention shall be left at the office of the Commisioners applying for wareight weeks at the least before the expiration of the rant. term of provisional protection thereon, and no notice to proceed shall be received unless the same shall have been left in the office eight weeks at the least before the expiration of such provisional protection; and the application for the warrant of the Law Officer and for the Letters Patent must be made at the office of the Commissioners twelve clear days at the least before the expiration of the term of provisional protection, and no Warrant or Letters Patent shall be prepared unless such application shall have been made twelve clear days at the least before the expiration of such of time. Extension provisional protection: Provided always, that the Lord Chancellor may in either of the above cases, upon special circumstances, allow a further extension of time, on being satisfied that the same has become necessary by accident, and not from the neglect or wilful default of the applicant or his agent. (Signed) CRANWORTH, C. JOHN ROMILLY, M. R. Dated the 12th of Dec. 1853. The invention having been sufficiently matured, a The title. proper title must be selected (a). fication. A title having been selected, the provisional or The speci complete specification, as the case may be, must be prepared and written on paper or parchment of the proper size (b), and signed by the applicant, or the agent of the applicant in the case of a provisional specification. ration. The petition and declaration must then be pre- Petition pared (c), the declaration is to be made before and declaa Justice of the Peace (at any one of the Police Offices in the Metropolitan District), or before one of the Clerks for taking affidavits at the Clerks' Office in Chancery Lane, or before a Master Extraordinary in Chancery, or Justice in the Country. at the Patent The petition, declaration, and provisional or com- To be left plete specification (care being taken that they agree with each other in the title of the invention and in Office. the names and description of the applicant), with a stamp of £5 affixed to the petition, are to be taken to the Office of the Commissioners of Patents in Southampton Buildings, Chancery Lane, and left there, when a receipt will be given. (a) As to the requisites of a title, see post 109, n. a. See also "The Subject Matter of Letters Patent for Inventions ;" also "The Law and Practice of Patents," by the author of this work. (b) As to this, see Rules of the Commissioners, ante 102 & 106. Papers of the proper size may be had of the law stationers. (c) See Forms, post 109 & 112. Blank forms may be purchased. M Notice at Opposed patent. The applicant, after the allowance of the provisional protection shall have been advertised, if he be still minded to proceed for the patent, must give notice at the Office of the Commissioners of his intention to proceed, which being recorded, with a stamp of £5, will be duly advertised. If no opposition be entered, the warrant of the law officer, also bearing a stamp of £5, will be made out, and upon that the patent, also bearing a stamp of £5, will be issued from the Office of the Commissioners. These four several sums or stamps of £5 are the only moneys which the applicant has to pay in the case of an unopposed patent. The opponent of a patent must leave particulars of objections at the Office of the Commissioners, with a stamp of £2. Should the applicant after this proceed with his patent, a hearing will take place before the law officer, when the applicant and opponent will each have to pay being the amount settled in the manner directed by the statute. The law officer after hearing the parties will grant or refuse his warrant, and give such directions as to costs as he may think fit. The patent, if the warrant be allowed, will be obtained from the Office of the Commissioners as before. The complete specification, in cases in which a provisional specification had been deposited in the first instance, must be filed in the Office of the Commissioners within six months from the date of the application; this also will bear a £5 stamp. |