and can only be certified as such by the concealment of their real object (b).

An act has also been passed for facilitating the The Labourers erection of dwelling-houses for the labouring classes (c), 1855. Dwelling Act, under which any number of persons, not less than six, may by subscribing articles of association form themselves into a company for the purposes of the act. The articles are to be in a given form, and to be registered by the registrar of joint stock companies. And the Companies Clauses Consolidation Act, 1845, is incorporated into the act, the articles of association being deemed the special act.

debts.

The provisions above referred to for charging the Judgment stock of any debtor with the payment of any judgment debt (d), extend to stock and shares in any public company in England, whether incorporated or not (e).

The prerogative of the crown in the grant of letters- Patents. patent is frequently exercised not only for the incorporation of joint stock companies, but also for conferring on private individuals certain exclusive rights and privileges. These rights, called patents from the letters-patent which confer them, will be considered in the next chapter.

(b) See Grimes v. Harrison, 26 Beav. 435; Hughes v. Layton, Q. B., 10 Jur. N. S. 513.

(c) Stat. 18 & 19 Vict. c. 132.

14.

(d) Ante, p. 190.

(e) Stat. 1 & 2 Vict. c. 110, s.
See Nicholls v. Rosewarne,

6 C. B. N. S. 480.

A patent.

CHAPTER II.

OF PATENTS AND COPYRIGHTS.

A PATENT is the name usually given to a grant from the crown, by letters-patent, of the exclusive privilege of making, using, exercising and vending some new invention. The granting of such letters-patent is an ancient prerogative of the crown, a prerogative which remains unaffected by the Patent Law Amendment Act, 1852 (a). In the reign of Queen Elizabeth this prerogative was stretched far beyond its due limits, and the monopolies thus created formed one of the grievances which King James, her successor, was at last obliged to remedy. Accordingly by a statute passed in the twenty-first year of his reign, and comStatute of Mo- monly called the Statute of Monopolies (b), it was nopolies. declared and enacted that all such monopolies were altogether contrary to the laws of this realm, and so were and should be utterly void and of none effect, and in nowise put in ure or execution. In this statute, however, there are certain exceptions, and particularly one on which the modern law with respect to patents may be said to be founded. This exception is as follows: "Provided also and be it declared and enacted, that any declaration before mentioned shall not extend to any letters-patent and grants of privilege for the term of fourteen years or under, hereafter to be made, of the sole working or making of any manner of new manufactures within this realm, to the true and first inventor and inventors of such manufactures, which others at the time of making such letters-patent and

Proviso.

(a) Stat. 15 & 16 Vict. c. 83; see sect. 16.

(b) Stat. 21 Jac. I. c. 3.

grants shall not use, so also they be not contrary to the law or mischievous to the state, by raising prices of commodities at home, or hurt of trade, or generally inconvenient; the said fourteen years to be accounted from the date of the first letters-patent or grant of such privilege hereafter to be made; but that the same shall be of such force as they should be if this act had never been made, and of none other "(c).

fourteen years.

It will be seen that the granting of letters-patent is not expressly warranted by this statute; but that it merely reserves to such letters-patent as fall within the terms of the exception, such force as they should have had if the act had never been made, and none other force. As, however, all grants of exclusive privilege by letters-patent, which do not fall within this exception and some others of little importance, are now rendered void by the statute, the construction of this exception has become a matter of great practical importance. And first, the term must be fourteen years from the Term of patent date of the letters patent, or under; and the full term of fourteen years is usually granted. But it is now provided, that all letters-patent for inventions, granted under the provisions of the Patent Law Amendment Act, 1852, shall be made subject to the condition that the same shall be void, and that the powers and privileges thereby granted shall cease, at the expiration of three and seven years respectively from the date thereof, unless there be paid before the expiration of the said three and seven years respectively certain stamp duties mentioned in the act, namely 50l. stamp duty before the expiration of the third year, and 1007. stamp duty before the expiration of the seventh year (d). These payments appear high, but they are a great improvement on the old law, under which heavy fees and duty were payable

(c) Stat. 21 Jac. I. c. 3, s. 6.

(d) Stat. 16 & 17 Vict. c. 5, s. 2; Williams v. Frost, 28 Beav. 93.

Extension of term.

New manufactures.

on taking out every patent; whereas now, if a patent prove useless, it may be discontinued, and the payment saved. By a modern act of parliament (e), a prolongation of the term granted by the original letters-patent may be granted, either to the original grantor or to his assignee (f), for a term not exceeding seven years after the expiration of the first term in case the Judicial Committee of the Privy Council shall, upon proper application, report to her Majesty, that such further extension of the term should be granted. And if such further period of seven years can be shown to be insufficient for the reimbursement and remuneration of the expense and labour incurred in perfecting the invention, then, by a subsequent statute (g), the crown may grant to the inventor, or his assignee, an extension of the patent for any time not exceeding fourteen years.

Secondly, the patent must be for "new manufactures within this realm, which others at the time of making such letters-patents and grants shall not use." The use here mentioned has been held to mean a use in public; if therefore the invention, for which the patent is sought to be obtained, has been previously used in public within the realm, the patent will be void (h). And the realm in this statute has been determined to mean the united kingdom of Great Britain and Ireland; so that when

(e) Stat. 5 & 6 Will. IV. c. 83, s. 4, amended by 2 & 3 Vict. c. 67; and extended by stats. 15 & 16 Vict. c. 83, s. 40, and 16 & 17 Vict. c. 115, s. 7.

(f) Russell v. Ledsam, 14 Mee. & Wels. 574; affirmed, 16 M. & W. 633; 1 H. of L. Cas. 687.

(g) Stat. 7 & 8 Vict. c. 69, ss. 2, 4, continued by stats. 15 & 16 Vict. c. 83, s. 40, and 16 & 17 Vict. c. 115, s. 7. In Re Norton's Patent, P. C., 9 Jur. N. S. 419; 11 W. R.

720; Re Hill's Patent, P. C., 9 Jur. N. S. 1209; 12 W. R. 25.

(h) Lewis v. Marling, 10 Barn. & Cress. 22; Carpenter v. Smith, 9 M. & W. 300; Re Newall, 4 C. B. N. S. 269; Betts v. Menzies, 10 H. of L. Cas. 117; 9 Jur. N. S. 29; Hills v. Liverpool United Gaslight Company, 9 Jur. N. S. 140; Harwood v. Great Northern Railway Company, 35 Law Journ. Q. B. 27; Young v. Fernie, 4 Giff. 577; 10 Jur. N. S. 526.

separate letters-patent were granted for England and Scotland, if any invention had been publicly known or practised in England, a patent for Scotland was void (¿).

By an act of parliament to which we have before referred, it is, however, provided that letters-patent may be confirmed, or new ones granted, for any invention or supposed invention, which shall have been found by the verdict of a jury, or discovered by the patentee or his assigns, to have been either wholly or in part invented or used before, if the Judicial Committee of the Privy Council, upon examining the matter, shall be satisfied that the patentee believed himself to be the first and original inventor, and that such invention, or part thereof, had not been publicly and generally used before the date of the first letters-patent (k). It is also now provided by the Patent Law Amendment Act, 1852, that any invention may be used and published for six months from the date of the application for letters-patent for the invention, without prejudice to the letters-patent, provided the provisional specification, which describes Provisional the nature of the invention, and is to accompany the specification. petition for the letters-patent, be allowed by the proper law officer (1). It is also provided that the applicant, instead of having a provisional specification, may, if he

think fit, file a complete specification under his hand Specification. and seal, particularly describing and ascertaining the nature of his invention, and in what manner the same is to be performed, in which case the invention will be protected for six months from the date of the application, and may be used and published without prejudice to any letters-patent to be granted for the same (m). It is also provided, that if any application for letters

(i) Brown v. Annandale, 8 CI. & Fin. 214.

(k) Stat. 5 & 6 Will. IV. c. 83, s. 2.

(7) Stat. 15 & 16 Vict. c. 83, s. 8; Re Newall, 4 C. B. N. S. 269. (m) Sect. 9. See also stat. 16 & 17 Vict. c. 115, s. 6.