industry is unfairly prejudiced, or the demand for the patented Chap. XIV. article is not reasonably met.1 The old complicated proceeding to repeal a patent by scire facias Revocation. is abolished, and in place thereof revocation of a patent may be obtained on petition to the High Court; but every ground on which a patent might formerly be repealed by scire facias is still available by way of defence to an action of infringement, and is also a ground of revocation. A petition of revocation may be presented by the Attorney-General or any person authorized by him or by (1.) Any person alleging that the patent was obtained in fraud of his rights, or of the rights of any person under or through whom he claims: (2.) Any person alleging that he or any person under or through whom he claims, was the true inventor of any invention included in the claim of the patentee: (3.) Any person alleging that he or any person under or through whom he claims an interest in any trade, business, or manufacture, had publicly manufactured, used, or sold, within this realm, before the date of the patent, anything claimed by the patentee as his invention. When a patent has been revoked on the ground of fraud, upon an application by the true inventor, a patent may be granted to him in lieu of, and bearing the same date as the date of revocation of, the revoked patent; but it will cease on the expiration of the term for which the revoked patent was granted.5 A patent granted to the true and first inventor will not be invalidated by an application in fraud of him, or by provisional protection obtained thereon, or by any use or publication during such protection. A patentee may assign his patent for any place in or part of Assignment. the United Kingdom or Isle of Man, as effectually as if it had been granted to extend to that place or part only. This does not limit his power of absolute assignment. The person for the time being entered in the register as proprietor of a patent has, subject to any rights appearing from such register to be vested in any other person, power absolutely to assign, grant licences as to, or Equitable rights. Chap. XIV. otherwise deal with, the same. Any equities, however, in re spect of such patent may be enforced in like manner as in respect of any other personal property. The legal mode of assignment is by deed, but an equitable assignment may be registered.3 Notice of a trust, however, cannot be entered on the register or be received by the Comptroller. Register. Threats of proceedings by patentee. In the Register of Patents at the Patent Office are to be entered the names and addresses of grantees of patents, notifications of assignments and of transmissions of patents, of licences, of amend ments, extensions, and revocations, and such other matters affecting the validity or proprietorship of patents as may from time to time be prescribed, and the register will be primâ facie evidence of any matters by the Act directed or authorized to be inserted therein.3 Copies of deeds, licences, and any other documents affecting proprietorship, must be supplied to the Comptroller for filing in the Patent Office. The register is to be open to the inspection of the public, and certified copies of any entry may be obtained." Certified copies or abstracts of or from patents and other documents in the Patent Office, and of or from registers and other books kept therein, are to be received in evidence without further proof or production of the originals. The High Court may, on the application of any person aggrieved, order the register to be rectified, and the Comptroller may correct a clerical error.10 Formerly a patentee who issued notices against the sale or purchase of certain articles, alleging infringements of his patent and threatening proceedings, was not liable to an action for damages by the vendor or for an injunction, if he acted boná fide; on the ground that an action for slander of title would not lie unless the statements were not only untrue, but were made without reasonable and probable cause, that is malâ fide." But now the Act of 188312 provides that: Where any person claiming to be the patentee 13 of an invention, by circulars, advertisements, or otherwise threatens any other person with any legal proceedings or liability in respect of any alleged Chap. XIV manufacture, use, sale or purchase of the invention, any person or persons aggrieved thereby may bring an action against him, and may obtain an injunction against the continuance of such threats, and may recover such damage (if any) as may have been sustained thereby, if the alleged manufacture, use, sale, or purchase to which the threats related was not in fact an infringement of any legal rights of the person making such threats. Provided that this section shall not apply if the person making such threats with due diligence commences and prosecutes an action for infringement of his patent. It must be proved by the person aggrieved, as a condition precedent to obtaining an injunction, that there has not in fact been any infringement of the claimant's legal rights.' The person aggrieved may bring an action under this section whether the threats are addressed to himself or are intimated to a third person, and whether the occasion was privileged or not.2 representing patented. articles to be Any person representing that any article sold by him is a Falsely patented article, when no patent has been granted for it, is made liable for every offence on summary conviction to a fine not exceeding 51.3 The remedy of a patentee against an infringer is by action for an injunction to prevent future infringement and for damages or an account of profits in respect of past infringement; but he must elect whether to claim damages or profits, and cannot have both.1 5 The sale, or possession for purpose of sale, in this country of an article made abroad which is an infringement of a patent in this country is an infringement of the patent in this country; but a person abroad who sends by post to England goods which are an infringement of an English patent, in compliance with an Remedies for infringement. 1 Barney v. United Telephone Co., 28 Ch. D. 294. 2 Challender v. Royle, 36 Ch. D. 425; Skirmer v. Shew, [1893] 1 Ch. 413. See further on this section, Johnson v. Edge, [1892] 2 Ch. 1; Temler v. Stevenson, 15 R. P. C. 24. 3 Act of 1883, s. 105. Neilson v. Betts, L. R. 5 H. L. 1, 22; De Vitré v. Betts, L. R. 6 H. L. 319; G.P.P. see, as to the measure of damages, United sect. vii. 5 British Motor Synd. v. Taylor, [1901] 1 Ch. 122; Saccharin Corp. v. AngloContinental Co., id. 414; Von Heyden v. Neustadt, 14 Ch. D. 230. 16 Chap. XIV. order to so send the goods, is not liable as an infringer of the patent in England.1 Arrangements for the protection in this country of persons who have taken out patents in foreign countries or in British possessions are contained in the Act and are the same as in the case of designs and trade marks (ante, p. 220). 1 Badische Anilin v. Basle Co., [1898] A. C. 200. 2 Ante, p. 220. By the Act of 1901, s. 1, the time for applying for protection 2 in this country is extended from 7 to 12 months. See Acetylene Co. v. United Alkali Co., [1902] 1 Ch. 494. 66 CHAPTER XV. COPYRIGHT. THE term 'copyright" was defined by Lord Mansfield as Chap. XV. signifying an incorporeal right to the sole printing and Copyright, publishing of somewhat intellectual communicated by letters;" what is. the right "to print a set of intellectual ideas or modes of thinking, communicated in a set of words and sentences and modes of expression;""it is detached from the manuscript, or any other physical existence whatsoever."1 2 perty.' Rights, (1) Being an exclusive right in rem as against all the world, it is It is "proto be considered as "property" in the author, or his assigns. The rights of the author of a literary work are, (1) before publication, to publish his work or not, as he thinks fit, and to prevent anybody else from publishing it; and (2) the right, after publication, of republishing and of restraining others from publish- copies. ing it. This latter right is true "copyright," i.e., the right to prevent others from multiplying copies, for until the work is published it is not open to be copied. "The term 'copyright' may be understood in two different senses. Two meanings The author of a literary composition which he commits to paper of "copybelonging to himself, has an undoubted right at common law to the right." piece of paper on which his composition is written, and to the copies which he chooses to make of it for himself or for others. If he lends a copy to another, his right is not gone. . . . . . The other sense of that word is the exclusive right of multiplying copies; the right of preventing all others from copying, by printing or otherwise, a literary work which the author has published. This must be carefully distinguished from the other sense of the word, . . . . . and it would tend to keep our ideas clear if, instead of 'copyright,' it was called the exclusive right of printing a published work, that being the ordinary mode of multiplying copies." 1 Per Lord Mansfield, C.J., Millar v. Taylor, 4 Burr. 2303, 2396. * See Prince Albert v. Strange, 1 Mac. & G. 42. Per Maule, J., Jefferys v. Boosey, 4 H. L. C. 893. + Trade Auxiliary Co. v. Middles borough Assocn., 40 Ch. D. 430. 5 Per Parke, B., Jefferys v. Boosey, 4 H. L. C. 919. See, per Lord St. |