Vict. c. 83.

acts and this act; and no objection shall be allowed 15 & 16 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 on 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.

of 5 & 6

c. 67, and

confirma

der this act.

XL. All the provisions of the said act of the fifth Provisions and sixth years of King William the Fourth, for the w. 4, c. 83, confirmation of any letters patent, and the grant of 2 & 3 Vict. new letters patent, and all the provisions of the said 7 & 8 Vict. act, and of the acts of the session holden in the c. 69, as to second and third years of her Majesty, chapter sixty- tion and seven, and of the session holden in the seventh and prolongation, to eighth years of her Majesty, chapter sixty-nine, re- apply to spectively, relating to the prolongation of the term patents unof 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 Lord Chancellor 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

H

15 & 16 Vict. c. 83.

In actions for infringement of

letters pa

tent, par

ticulars to

be deliver

ed, and no evidence

mentioned therein.

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 places 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.

XLI. In any action in any of her Majesty's superior courts of record at Westminster or in Dublin for the infringement of letters patent the plaintiff shall deliver with his declaration particulars of the breaches complained of in the said action, and the defendant, on pleading thereto, shall deliver with his allowed not pleas, and the prosecutor in any proceedings by scire facias 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 also, 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

Vict. c. 83.

of such letters patent, and in case evidence shall be 15 & 16 adduced on the part of the prosecutor impeaching the validity of such letters patent, the defendant shall be entitled to the reply.

common

may

XLII. In any action in any of her Majesty's su- Courts of perior courts of record at Westminster and in Dublin law may for the infringement of letters patent, it shall be law- grant inful for the court in which such action is pending, if case of injunction in the court be then sitting, or if the court be not sitting fringement. then for a judge of such court, 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 or judge may seem fit.

XLIII. In taxing the costs in any action in any Particulars of her Majesty's superior courts at Westminster or to be regarded in in Dublin, commenced after the passing of this act taxation of for infringing letters patent, regard shall be had to costs. the particulars delivered in such action, and the plaintiff and defendant respectively shall not be allowed any costs in respect of any particular unless 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

15 & 16

Vict. c. 83.

Payments and stamp duties on

letters paas in sche

tent to be

dule.

Duties to be under

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: Provided always, that nothing herein contained shall affect the jurisdiction and forms of process of the courts in Scotland in any action for the infringement of letters patent or in any action or proceeding respecting letters patent hitherto competent to the said courts: Provided also, that when any proceedings shall require to be taken in Scotland, to repeal any letters patent, such proceedings shall be taken in the form of an action of reduction at the instance of her Majesty's advocate, or at the instance of any other party having interest with concurrence of her Majesty's advocate, which concurrence her Majesty's advocate is authorised and empowered to give upon just cause shown only.

XLIV. 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 said schedule; and no other stamp duties shall be levied, or fees, except as hereinafter mentioned, taken in respect to such letters patent and specifications, and the matters and things in such schedule mentioned.

XLV. The stamp duties hereby granted shall be under the care and management of the commissioners of inland revenue; and the several rules, regulacommistions, provisions, penalties, clauses, and matters con

management of

tained in any act now or hereafter to be in force 15 & 16 Vict. c. 83. with reference to stamp duties shall be applicable inland

thereto.

revenue.

XLVI. The fees to be paid as aforesaid shall from All money's time to time be paid into the receipt of the ex- received to be paid to chequer, and be carried to and made part of the the consoliconsolidated fund of the United Kingdom.

dated fund.

vent pay

officers in

cases of

&c.

XLVII. Provided always, that nothing herein con- Not to pretained shall prevent the payment as heretofore to ment of the law officers in cases of opposition to the grant- fees to law ing of letters patent, and in cases of disclaimers and memoranda of alterations, of such fees as may be opposition, appointed by the Lord Chancellor and Master of the Rolls as the fee, to be paid on the hearing of such 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 authorised and empowered to appoint the fees to be so paid in respect of such oppositions, disclaimers, and memoranda of alterations respectively, and for such office or other copies.

officers.

XLVIII. It shall be lawful for the commissioners Fees and of her Majesty's treasury from time to time to allow salaries of such fees to the law officers and their clerks (for duties under this act in respect of which fees may not be payable to them under the provisions lastly herein before contained) as the Lord Chancellor and Master of the Rolls may from time to time appoint, and to allow 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 additional duties imposed on them by this act, as the said commissioners of the treasury may think fit.