15 & 16

Vict. c. 83.

Power to

law officer warrant to

to cause a

be made

for sealing of letters patent.

this act, shall be paid, and in what manner and by whom such costs are to be ascertained; and if any costs so ordered to be paid be not paid within four days after the amount thereof shall be so ascertained, it shall be lawful for such law officer to make an order for the payment of the same, and every such order may be made a rule of one of her Majesty's superior courts at Westminster or Dublin, and may be recorded in the books of council and session in Scotland, to the effect that execution may pass thereupon in common form.

XV. It shall be lawful for such law officer, after such hearing, if any, as he may think fit, to cause a warrant to be made for the sealing of letters patent for the said invention, and such warrant shall be sealed with the seal of the commissioners, and shall set forth the tenor and effect of the letters patent thereby authorised to be granted, and such law officer shall direct the insertion in such letters patent of all such restrictions, conditions, and provisoes as he may deem usual and expedient in such grants, or necessary in pursuance of the provisions of this act; and the said warrant shall be the warrant for the making and sealing of letters patent under this act according to the tenor of the said warrant: Provided always, that the Lord Chancellor shall and may have and exercise such powers, authority, and discretion in respect to the said warrant, and the letters patent therein directed to be made under this act, as he now has and might now exercise with respect to the warrant for the issue under the Great Seal of letters patent for any invention, and with respect to the making and issuing of such letters patent; and the writ of scire facias shall lie for the repeal of any letscire facias. ters patent issued under this act, in the like cases as the same would lie for the repeal of letters patent which may now be issued under the Great Seal.

Chancellor

to have

same pow

ers in respect to warrant, &c. as he now has.

Writ of

Nothing to

XVI. Provided also, That nothing herein contained

Vict. c. 83.

of the

Crown in

grant of let

shall extend to abridge or affect the prerogative of 15 & 16 the Crown in relation to the granting or withholding affect the the grant of any letters patent; and it shall be prerogative lawful for her Majesty, by warrant under her royal sign manual, to direct such law officer to withhold granting or such warrant as aforesaid, or that any letters patent withholding for the issuing whereof he may have issued a warrant ters patent. as aforesaid shall not issue, or to direct the insertion in any letters patent to be issued in manner herein provided of any restrictions, conditions, or provisoes which her Majesty may think fit in addition to or in substitution for any restrictions, conditions, or provisoes which would otherwise be inserted therein under this act; and it shall also be lawful for her Majesty, by like warrant, to direct any complete specification which may have been filed under the provision hereinbefore contained, and in respect of the invention described in which no letters patent may have been granted, to be cancelled, and thereupon the protection obtained by the filing of such complete specification shall cease.

tent to be

avoidance

certain con

XVII. All letters patent for inventions granted Letters paunder the provisions herein-before contained shall be made submade subject to the condition that the same shall be ject to void, and that the powers and privileges thereby on non-fulgranted shall cease and determine, at the expiration filment of of three years and seven years respectively from the ditions. 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 payment, and shall endorse a receipt for the same on any letters patent issued under the authority of the

G

15 & 16

Vict. c. 83.

Letters patent issued

under the Great Seal

to be valid for the whole of

said warrant; and such certificate, duly stamped, shall be evidence of the payment of the several sums respectively.

XVIII. The commissioners, so soon after the sealing of the said warrant as required by the applicant for the letters patent, shall cause to be prepared letters patent for the invention, according to the tenor of the said warrant, and it shall be lawful for the Lord Kingdom, Chancellor to cause such letters patent to be sealed the Channel with the Great Seal of the United Kingdom, and the Isle of such letters patent so sealed shall extend to the whole

the United

Islands, and

Man.

of the United Kingdom of Great Britain and Ireland, the Channel Islands, and the Isle of Man; and in case such warrant so direct, such letters patent shall be made applicable to her Majesty's colonies and plantations abroad, or such of them as may be mentioned in such warrant; and such letters patent shall be valid and effectual as to the whole of such United Kingdom, and the said islands and isle, and the said colonies or plantations, or such of them as aforesaid, 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 Berwick-upon-Tweed, the Channel Islands, and Isle of Man, and the said colonies and plantations, or such of them as aforesaid, to Scotland, and to Ireland respectively, save as herein otherwise Nothing to provided: Provided always, that nothing in this act contained shall be deemed or taken to give any effect ters patent or operation to any letters patent to be granted under granted in the authority of this act in any colony in which such or the like letters patent would be invalid by the law

give effect

to any

let

any colony.

in force in the same colony for the time being: Pro- 15 & 16 Vict. c. 83. vided always, that a transcript of such letters shall, so soon after the sealing of the same and in such manner as the commissioners shall direct, be transmitted to the director of Chancery in Scotland, and be recorded in the records of Chancery in Scotland, upon payment of such fees as the commissioners shall appoint, in the same manner and to the same effect in all respects as letters patent passing under the seal appointed by the treaty of union to be used in place of the Great Seal of Scotland have heretofore been recorded, and extracts from the said records shall be furnished to all parties requiring the same, on payment of such fees as the commissioners shall direct, and shall be received in evidence in all courts in Scotland to the like effect as the letters patent themselves.

XIX. Provided always, that no letters patent, save No letters as hereinafter mentioned in the case of letters patent issued after patent to be destroyed or lost, shall issue on any warrant granted 3 months as aforesaid, unless application be made to seal such of warrant. letters patent within three months after the date of the said warrant.

from date

cept in lieu

XX. Provided also, that no letters patent (save No letters letters patent issued in lieu of others destroyed or patent (exlost) shall be issued or be of any force or effect unless of those lost, &c.) to be the same be granted during the continuance of the issued after provisional protection under this act, or, where a expiration of proteccomplete specification has been deposited under this tion given act, then unless such letters patent be granted during by this act. the continuance of the protection conferred under this act by reason of such deposit, save that where the application to seal such letters patent has been made during the continuance of such provisional or other protection as aforesaid, and the sealing of such letters patent has been delayed by reason of a caveat or an application to the Lord Chancellor against or

15 & 16

Vict. c. 83.

presenta

in relation to the sealing of such letters patent, then such letters patent may be sealed at such time as the Lord Chancellor shall direct.

Letters paXXI. Provided also, that where the applicant for tent may be granted to such letters patent dies during the continuance of personal re- the provisional protection, or the protection by reatives of the son of the deposit of a complete specification, (as the applicant case may be,) such letters patent may be granted to during the term of the executors or administrators of such applicant protection, during the continuance of such provisional or other months protection, or at any time within three months after after appli- the death of such applicant, notwithstanding the ex

or within 3

cant's de

cease.

If letters patent be

destroyed or lost,

other let

ters patent

may be is

sued.

Letters patent may be

tion.

piration of the term of such provisional or other protection, and the letters patent so granted shall be of the like force and effect as if they had been granted to such applicant during the continuance of such provisional or other protection.

XXII. 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.

XXIII. It shall be lawful (the act of the eighteenth dated as of year of king Henry the Sixth, chapter one, or any the day of other act, to the contrary notwithstanding,) to cause the applicaany 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