as a whole. The Board of Commissioners now established affords the means of united action and treat

ment of the system.

Commis

The Commissioners are empowered to make a seal, Seal of the of which the impression shall be receivable in evi- sioners, s. 2. dence, so that any document bearing that seal may be read without further proof. Under the existing system there were no less than six seals which the courts in this country alone might be required to take notice of, and yet there were many original documents and copies, incapable of proof in this simple manner, but requiring the production of the original, and the attendance of witnesses. The Commissioners have the power under the Patent Law Amendment Act of so arranging the business, that all documents connected with patents for inventions may be proved by their seal. This will effect a great saving both directly and indirectly in the expense of all proceedings, but it is a benefit which will be chiefly felt in litigated cases.

make rules,

The Commissioners are empowered to make such Commisrules and regulations as may be expedient. The sioners to successful working of the new system will mainly &c. s. 3. depend upon these rules and their administration. Persons conversant with the old system are well aware how many of its defects and real or imaginary abuses might have been obviated by a few judicious rules and regulations capable of being modified from time to time, had there been any unity of action amongst the persons entrusted with its administration. The Commissioners have issued rules and regulations (t) affording practical directions and instructions for the working of the new system.

The Commissioners are to report annually to Par- Annual Reliament. The annual report of the American Com-port to Parliament, missioners of Patents is a most instructive and useful s. 3.

(t) See post.

One office for the Uni

ted Kingdom, s3. 4

and 5.

Application for a patent, s 6.

compendium, showing the progress of invention in the several departments of the arts and manufactures so far as such invention has been the subject of patents; with the names of all patentees; the subject of every patent, in alphabetical and classified lists; the patents that have expired, or been repealed, or altered by disclaimers, or otherwise. No such lists exist in this country (except the lists of private practitioners, which are necessarily imperfect) notwithstanding the enormous amount of moneys levied on inventors in the shape of official fees, and for the engrossing and enrolling of specifications (u). This report will make inventors in remote parts of the kingdom acquainted with the general progress of invention and state of property the subject of protection.

The Commissioners have the power to provide one office, and to appoint competent officers for the transaction of all business connected with patents, so that the inventor or his agent, or any one of the public requiring information, need have recourse to one place only for the United Kingdom, instead of to numerous offices in different parts of the metropolis, and to corresponding offices in Edinburgh and Dublin. The Commissioners can make such subdivisions as may be convenient for facilitating the business, but the spirit of the act contemplates that the inventor or his agent will not be required to attend in unopposed or ordinary cases at different offices or places of business. The necessity of attending at so many different offices was one of the greatest practical abuses under the old system, and a great source of expense to inventors and the public.

The first step previous to applying for a patent is the preparation of the Petition, Declaration, and Pro

(u) The lists of private individuals are not only imperfect but are without authority. The most complete lists known to exist were those of Mr. Bennett

Woodcroft, which have been purchased for the public, under the authority of an Act of this Session (21st February, 1853). See post 92.

visional Specification. The formal parts of these documents are given in the schedule to the Act; the two former are substantially the same as under the old system, except that they relate to the whole, instead of being distinct documents for each part, of the realm (x).

The provisional specification is a new document; The provisional speciit is to "describe the nature of the invention;" and fication. "the provisional specification must state distinctly and intelligibly the whole nature of the invention, so that the Law Officer may be apprised of the improvement and of the means by which it is to be carried into effect" (y). The petition and declaration, as heretofore, set forth the title only of the invention; and this new document is to furnish such specific information as will disclose a real bond fide invention, and not a mere speculation or collection of ideas. The true character of this document, and the conditions which it must fulfil, will be understood by comparing the above terms with the corresponding language of the condition for the specification, called in the Act the complete specification. In that final document the inventor must "particularly describe and ascertain the nature of the invention, and in what manner the same is to be performed." The term ascertain is usually regarded as having reference to certain precise definitions of the extent of the invention, so that the public may know where the invention commences and where it ends; it is of a limiting nature; a defining precisely that from which the public are to be excluded during the subsistence of the exclusive privileges. The words "in what manner the invention is to be performed " point to

(x) See forms of petition, &c., post; and Law and Pr. of Patents, 3rd edition. They are to be written on paper

of a certain size. See "Rules of the Commissioners," post 102.

(y) See "Rules of the Commissioners,"

post 115.

Rule of Commis

sioners as

sional spe

details of dimensions, parts, proportions, and minute practical directions, which can only be ascertained by experiments or experience, such as cannot take place with security while the invention is unprotected. With regard to a large-probably the largest-class of inventions, the description of the nature of the invention will really involve the manner in which it is to be performed; but even in these something is to be learned from experience, and considering the rigour with which the law interprets the final or complete specification, it is, in the opinion of many practical men, desirable that time should be given for this purpose.

The rule of the Commissioners as to the requisites of the provisional specification is directed to check to provi- the strong disposition to lodge documents of the most cification. Vague and general character; in fact, mere general principles without any specific means or practical arrangements deserving the name of invention. Certificate Law Officer must be satisfied that such means exist; Officers. his supervision and certificate will be a protection and guarantee to the inventor and the public against the abuses of the former system of deposits.

of Law

sional spe

The

Objections An opinion was expressed by the Master of the to the provi- Rolls to the Select Committee of the House of cification. Lords, that the preparation of the provisional specification might be attended with difficulty, but his Honour was speaking from the experience of the outline description under the order of the Law Officers, as to which great laxity had been allowed, and in the preparation of which great skill was constantly exercised, for the purpose of disguise and of including as much as terms of art and general vagueness would cover, consistent with reasonable or apparent intelligibility; but the bona fide honest inventor, who is in possession of any thing capable of being described and reduced to certainty in writing, beyond a bare idea, experiences no such difficulty, and if language be

used for the purpose of unfolding and not of concealing ideas little practical difficulty will occur. The encouragement which the old system afforded for obtaining patents for inventions to be made, rather than existing, gave rise to an artificial system of deposits which the new system is calculated to check.

The applicant for letters must leave his petition, Practical proceeddeclaration, and provisional specification, or complete ings. specification (2), at the office of the Commissioners.

sioners.

The application for the letters patent will be Proceedings in the marked in consecutive numerical order and endorsed office of the on the documents, recorded, and a certificate thereof Commisgiven, and will, when a provisional specification is left, be referred, according to such regulations as the Commissioners may make, to one of the law officers for his certificate; which certificate being filed in the office of the Commissioners, the invention will be provisionally protected for six months from the date of the application, that is, it may be published and used by the inventor during that period, without prejudice to the rights to to be acquired under letters patent afterwards granted for that invention. Under the Protection of Inventions Act, the invention could be exhibited only; it could not be used commercially, with the consent of the inventor, without invalidating the subsequent patent.

Officers.

The success or failure of the new patent system will Duties of mainly depend upon the way in which this duty of the Law preliminary examination is discharged by the law officer, or the deputy whom he may appoint. One great object of all sincere patent law reformers has been to limit each patent to one substantive invention; that is, not to allow the crowding of several distinct manufactures into one patent; the excessive cost of patents, and the delicacy of the law officers to enforce

(z) See as to the complete specification, post 23.