to the tenor and effect of such order, to be made and sealed 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 (a). provision of c. 83, re sealing of patent for a further term. And whereas doubts have arisen whether the above provision Removing extends to the making and sealing of new letters patent in the doubts as to manner by such Act directed where such new letters patent 15 & 16 Vict. are granted by way of prolongation of the term of letters patent specting the issued before the commencement of the said Act: And whereas it is expedient that such new letters patent granted by way of prolongation shall be granted according to the provisions of the said Patent Law Amendment Act: be it declared and enacted, that where Her Majesty's Order in Council for the sealing of new letters patent shall have been made after the commencement of the said Act, the said provisions of the said Act for making and sealing in manner aforesaid of new letters patent shall extend, and shall as from the commencement of the said Act be deemed to have extended, to the making and sealing in manner aforesaid of new letters patent for a further term, as well where the original letters patent were made before as where such original letters patent have been issued since the commencement of the said Act (b). Infringement of Patents. infringement culars to be delivered, and no evidence allowed not In any action in any of Her Majesty's superior courts of In actions for 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 pleas, and the prosecutor in any proceedings by scire facias to repeal therein. 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 ; (a) 15 & 16 Vict. c. 83, s. 40. (b) 16 & 17 Vict. c. 115, s. 7. mentioned Courts of common law may grant injunction in case of infringement. Particulars to be regarded in taxation of costs. 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 of such letters patent, and in case evidence shall be adduced on the part of the prosecutor impeaching the validity of such letters patent, the defendant shall be entitled to the reply (a). In any action in any of Her Majesty's superior courts of record at Westminster and in Dublin for the infringement of letters patent, it shall be lawful for the court in which such action is pending, if the court be then sitting, or if the court be not sitting 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 (b). In taxing the costs in any action in any of Her Majesty's superior courts at Westminster or in Dublin, commenced after the passing of this Act, for infringing letters patent, regard shall be had to 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 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 (a). Not to prevent payment of fees to law officers in cases of &c. Provided always, that nothing herein contained shall prevent the payment as heretofore to the law officers in cases of opposition to the granting of letters patent, and in cases of disclaimers and memoranda of alterations, of such fees as may be appointed opposition, 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. (a) 15 & 16 Vict. c. 83, s. 43. Petitions, how written. Drawings. Advertise ment of provisional protection. Advertisement of in ventions protected by deposit of complete specification. Advertise ment of notice to proceed with appli cation for letters patent. Office for the filing of specifications. RULES AS TO PETITIONS AND ADVERTISEMENTS. I. All petitions for the grant of letters patent, and all declarations and provisional specifications, shall be left at the said commissioners' office, and shall be respectively written upon sheets of paper of twelve inches in length by eight inches and a half in breadth, leaving a margin of one inch and a half on each side of each page, in order that they may be bound in the books to be kept in the said office. II. The drawings accompanying provisional specifications shall be made upon a sheet or sheets of parchment, paper or cloth, each of the size of twelve inches in length by eight inches and a half in breadth, or of the size of twelve inches in breadth by seventeen inches in length, leaving a margin of one inch on every side of each sheet. III. Every provisional protection of an invention allowed by the law officer shall be forthwith advertised in the "London Gazette," and the advertisement shall set forth the name and address of the petitioner, the title of his invention, and the date of the application. IV. Every invention protected by reason of the deposit of a complete specification shall be forthwith advertised in the "London Gazette," and the advertisement shall set forth the name and address of the petitioner, the title of the invention, the date of the application, and that a complete specification has been deposited. V. Where a petitioner applying for letters patent after provisional protection, or after deposit of a complete specification, shall give notice in writing at the office of the commissioners of his intention to proceed with his application for letters patent, the same shall forthwith be advertised in the "London Gazette," and the advertisement shall set forth the name and address of the petitioner and the title of his invention; and that any persons having an interest in opposing such application are to be at liberty to leave particulars in writing of their objections to the said application at the office of the commissioners within twentyone days after the date of the "Gazette" in which such notice is issued. VI. The Lord Chancellor having appointed the Great Seal Patent Office to be the office of the Court of Chancery for the filing of specifications, the said Great Seal Patent Office and the office of the commissioners shall be combined; and the clerk of the patents for the time being shall be the clerk of the commissioners for the purposes of the Act. VII. The office shall be open to the public every day, Christ- When open. mas day and Good Friday excepted, from ten to four o'clock. VIII. The charge for office or other copies of documents in Fees. the office of the commissioners shall be at the rate of twopence for every ninety words. By the petitioner on the hearing of the case of opposition : To the law officer To his clerk To his clerk for summons £2 12 6 0 12 6 0 5 0 By the petitioner for the hearing, previous to the fiat of the law officer allowing a disclaimer or memorandum of alteration in letters patent and specification: To the law officer To his clerk £2 12 6 0 12 6 By the person opposing the allowance of such disclaimer or memorandum of alteration, on the hearing of the case of opposition: To the law officer £2 12 6 0 12 6 By the petitioner for the fiat of the law officer allowing a disclaimer or memorandum of alteration in letters patent and specification: To the law officer £3 3 0 0 12 6 I. All specifications in pursuance of the conditions of letters patent, and all complete specifications accompanying petitions and declarations before grant of letters patent, shall be filed in the Great Seal Patent Office. II. All specifications in pursuance of the conditions of letters Mode of prepatent, and all complete specifications accompanying petitions paring com |