Patent Law Amendment Act 1852
|1852 c. 83
(15 & 16 Vict.) C A P. LXXXIII.
[1st July 1852]
'WHEREAS it is expedient to amend the Law concerning Letters Patent for Inventions:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, as follows:
I Certain Persons constituted Commissioners of Patents for Inventions, Three of whom may act, the Chancellor or Master of the Rolls being One.
I. The Lord Chancellor, the Master of the Rolls, Her Majesty's Attorney General forEngland , Her Majesty's Solicitor General for England , the Lord Advocate, Her Majesty's Solicitor General for Scotland , Her Majesty's Attorney General for Ireland , and Her Majesty's Solicitor General for Ireland , for the Time being respectively, together with such other Person or Persons as may be from Time to Time appointed by Her Majesty, as herein-after mentioned, shall be Commissioners of Patents for Inventions; and it shall be lawful for Her Majesty from Time to Time, by Warrant under Her Royal Sign Manual, to appoint such other Person or Persons as She may think fit to be a Commissioner or Commissioners as aforesaid; and every Person so appointed shall continue such Commissioner during Her Majesty's Pleasure; and all the Powers hereby vested in the Commissioners may be exercised by any Three or more of them, the Lord Chancellor or Master of the Rolls being One.
II Seal of the Commissioners.
II. It shall be lawful for the Commissioners to cause a Seal to be made for the Purposes of this Act, and from Time to Time to vary such Seal, and to cause to be sealed therewith all the Warrants for Letters Patent under this Act, and all Instruments and Copies proceeding from the Office of the Commissioners, and all Courts, Judges, and other Persons whomsoever shall take notice of such Seal, and receive Impressions thereof in Evidence, in like Manner as Impressions of the Great Seal are received in Evidence, and shall also take notice of and receive in Evidence without further Proof or Production of the Originals, all Copies or Extracts, certified under the Seal of the said Office, of or from Documents deposited in such Office.
III Commissioners to make Rules and Regulations, which shall be laid before Parliament.
III. It shall be lawful for the Commissioners from Time to Time to make such Rules and Regulations (not inconsistent with the Provisions of this Act) respecting the Business of their Office, and all Matters and Things which under the Provisions herein contained are to be under their Control and Direction, as may appear to them necessary and expedient for the Purposes of this Act; and all such Rules shall be laid before both Houses of Parliament within Fourteen Days after the making thereof, if Parliamentbe sitting, and if Parliament be not sitting then within Fourteen Days after the next Meeting of Parliament; and the Commissioners shall cause a Report to be laid annually before Parliament of all the Proceedings under and in pursuance of this Act.
IV Treasury to provide Offices.
IV. It shall be lawful for the Commissioners of Her Majesty's Treasury to provide and appoint from Time to Time proper Places or Buildings for an Office or Offices for the Purposes of this Act.
V Commissioners, with Consent of Treasury, to appoint Clerks, &c.
V. It shall be lawful for the Commissioners, with the Consent of the Commissioners of the Treasury, from Time to Time to appoint for the Purposes of this Act such Clerks and Officers as the Commissioners may think proper; and it shall be lawful for the Commissioners from Time to Time to remove any of the Clerks and Officers so appointed.
VI Petition and Declaration to be accompanied with a Provisional Specification.
VI. Every Petition for the Grant of Letters Patent for an Invention, and the Declaration required to accompany such Petition, shall be left at the Office of the Commissioners, and there shall be left therewith a Statement in Writing, herein-after called the Provisional Specification, signed by or on behalf of the Applicant for Letters Patent, describing the Nature of the said Invention; and the Day of the Delivery of every such Petition, Declaration, and Provisional Specification shall be recorded at the said Office, and endorsed on such Petition, Declaration, and Provisional Specification, and a Certificate thereof given to such Applicant or his Agent; and all such Petitions, Declarations, and Provisional Specifications shall be preserved in such Manner as the Commissioners may direct, and a Registry thereof and of all Proceedings thereon kept at the Office of the Commissioners.
VII Applications to be referred to Law Officer.
VII. Every Application for Letters Patent made under this Act shall be referred by the Commissioners, according to such Regulations as they may think fit to make, to One of the Law Officers.
VIII The Provisional Specification to be referred to the Law Officer, who, if satisfied, may give a Certificate of his Allowance, which shall be filed.
VIII. The Provisional Specification shall be referred to the Law Officer, who shall be at liberty to call to his Aid such scientific or other Person as he may think fit, and to cause to be paid to such Person by the Applicant such Remuneration as the Law Officer shall appoint; and if such Law Officer be satisfied that the Provisional Specification describes the Nature of the Invention, he shall allow the same, and give a Certificate of his Allowance, and such Certificate shall be filed in the Office of the Commissioners, and thereupon the Invention therein referred to may, during the Term of Six Months from the Date of the Application for Letters Patent for the said Invention, be used and published without Prejudice to any Letters Patent to be granted for the same, and such Protection from the Consequences of Use and Publication is herein-after referred to as Provisional Protection: Provided always, that in case the Title of the Invention or the Provisional Specification be too large or insufficient, it shall be lawful for the Law Officer to whom the same is referred to allow or require the same to be amended.
IX Inventor may deposit, in lieu of a Provisional Specification, a Complete Specification, such Deposit to confer for a limited Time the like Rights as Letters Patent.
IX. The Applicant for Letters Patent for an Invention, instead of leaving with the Petition and Declaration a Provisional Specification as aforesaid, may, if he think fit, file with the said Petition and Declaration an Instrument in Writing under his Hand and Seal (herein-after called a complete Specification), particularly describing and ascertaining the Nature of the said Invention, and in what Manner the same is to be performed, which Complete Specification shall be mentioned in such Declaration, and the Day of the Delivery of every such Petition, Declaration, and Complete Specification shall be recorded at the Office of the Commissioners, and endorsed on such Petition, Declaration, and Specification, and a Certificate thereof given to such Applicant or his Agent, and thereupon, subject and without Prejudice to the Provisions herein-after contained, the Invention shall be protected under this Act for the Term of Six Months from the Date of the Application, and the Applicant shall have during such Term of Six Months the like Powers, Rights, and Privileges as might have been conferred upon him by Letters Patent for such Invention, issued under this Act, and duly sealed as of the Day of the Date of such Application; and during the Continuance of such Powers, Rights, and Privileges under this Provision, such Invention may be used and published without Prejudice to any Letters Patent to be granted for the same; and where Letters Patent are granted in respect of such Invention, then in lieu of a Condition for making void such Letters Patent in case such Invention be not described and ascertained by a subsequent Specification, such Letters Patent shall be conditioned to become void if such Complete Specification, filed as aforesaid, does not particularly describe and ascertain the Nature of the said Invention, and in what Manner the same is to be performed; and a Copy of every such Complete Specification shall be open to the Inspection of the Public, as herein-after provided, from the Time of depositing the same, subject to such Regulation as the Commissioners may make.
X Letters Patent granted to the First Inventor not to be invalidated by Protection obtained in fraud of the First Inventor.
X. In case of any Application for Letters Patent for any Invention, and the obtaining upon such Application of Provisional Protection for such Invention, or of Protection for the same, by reason of the Deposit of a Complete Specification as aforesaid in fraud of the true and First Inventor, any Letters Patent granted to...
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