in lieu of others destroyed or lost) shall be issued or be of any force or effect unless the same be granted during the continuance of the provisional protection under this Act, or, where a complete specification has been deposited under this Act, then unless such letters patent be granted during the continuance of the protection conferred under this Act by reason of such deposit, save that where the application to seal such letters patent has been made during the continuance of such provisional or other protection as aforesaid, and the sealing of such letters patent has been delayed by reason of a caveat or an application to the Lord Chancellor against or in relation to the sealing of such letters patent, then such letters patent may be sealed at such time as the Lord Chancellor shall direct (a). ex Where letters patent have not been sealed during the continuance of the provisional protection on which the same is granted, provided the delay in such sealing has arisen from accident, and not from the neglect or wilful default of the applicant, it shall be lawful for the Lord Chancellor, if he shall think fit, to seal such letters patent at any time after the piration of such provisional protection, whether such expiration has happened before or shall happen after the passing of this Act, and to date the sealing thereof as of any day before the expiration of such provisional protection, and also to extend the time for the filing of the specification thereon; and where the specification, in pursuance of the condition of any letters. patent, has not been filed within the time limited by such letters patent, provided the delay in such filing has arisen from accident, and not from the neglect or wilful default of the patentee, it shall be lawful for the Lord Chancellor, if he shall think fit, to extend the time for the filing of such specification, whether the default in such filing has happened before or shall happen after the passing of this Act: Provided always, that except in any case that may have arisen before the passing of this Act, it shall not be lawful for the Lord Chancellor to extend the time for the sealing of any letters patent, or for the filing of any specification, beyond the period of one month (b). Lord Chancellor, in certain cases, may seal let lers patent after the expiration of provisional protection. So, where the applicant for such letters patent dies during the Letters pacontinuance of the provisional protection, or the protection by (a) 15 & 16 Vict. c. 83, s. 20. (b) 16 & 17 Vict. c. 115, s. 6. tent may be reason of the deposit of a complete specification (as the case may be), such letters patent may be granted to the executors or administrators of such applicant during the continuance of such provisional or other protection, or at any time within three months after the death of such applicant, notwithstanding the expiration of the term of such provisional or other protection, and the letters patent so granted shall be of the like force and effect as if they had been granted to such applicant during the continuance of such provisional or other protection (a). And in case any such letters patent shall be destroyed or lost other letters patent of the like tenor and effect, and sealed and dated as of the same day, may, subject to such regulations as the commissioners may direct, be issued under the authority of the warrant in pursuance of which the original letters patent. were issued (b). Date of the Patent. It shall be lawful (the Act of the Eighteenth Year of King Henry the Sixth, Chapter One, or any other Act, to the contrary notwithstanding) to cause any letters patent to be issued in pursuance of this Act to be sealed and bear date as of the day of the application for the same, and in case of such letters patent for any invention provisionally registered under the Protection of Inventions Act, 1851," as of the day of such provisional registration, or, where the law officer to whom the application was referred, or the Lord Chancellor, thinks fit and directs, any such letters patent as aforesaid may be sealed and bear date as of the day of the sealing of such letters patent, or of any other day between the day of such application or provisional registration, and the day of such sealing (c). Any letters patent issued under this Act, scaled and bearing date as of any day prior to the day of the actual sealing thereof, shall be of the same force and validity as if they had been sealed on the day as of which the same are expressed to be sealed and bear date: Provided always, that save where such letters patent are granted for any invention, in respect whereof a complete specification has been deposited, upon the application for the same under this Act, no proceeding at law or in (a) 15 & 16 Vict. c. 83, s. 21. (b) Ibid. s. 22. (c) Ibid. s. 23. equity shall be had upon such letters patent, in respect of any infringement committed before the same were actually granted (a). Patents for Foreign Inventions. Where, upon any application made after the passing of this Act, letters patent are granted in the United Kingdom for or in respect of any invention first invented in any foreign country, or by the subject of any foreign power or state, and a patent or like privilege for the monopoly or exclusive use or exercise of such invention in any foreign country is there obtained before the grant of such letters patent in the United Kingdom, all rights and privileges under such letters patent shall (notwithstanding any term in such letters patent limited) cease and be void immediately upon the expiration or other determination of the term during which the patent or like privilege obtain ed in such foreign country shall continue in force, or, where more than one such patent or like privilege is obtained abroad, immediately upon the expiration or determination of the term which shall first expire or be determined of such several patents or like privileges: Provided always, that no letters patent for or in respect of any invention for which any such patent or like privilege as aforesaid shall have been obtained in any foreign country, and which shall be granted in the said United Kingdom after the expiration of the term for which such patent or privilege was granted or was in force, shall be of any validity (b). Exceptions as to Foreign Ships. tent not to prevent the use of inven s in foreign ships resorting to No letters patent for any invention (granted after the passing Letters paof this Act) shall extend to prevent the use of such invention in any foreign ship or vessel, or for the navigation of any foreign ship or vessel, which may be in any port of Her Majesty's dominions, or in any of the waters within the jurisdiction of any of Her Majesty's courts, where such invention is not so used for the manufacture of any goods or commodities to be vended within or exported from Her Majesty's dominions: Provided always, that this enactment shall not extend to the ships or (a) 15 & 16 Vict. c. 83, s. 24. VOL. II. (b) Ibid. s. 25. с British ports; except ships of foreign states in whose ports British ships are prevented from using foreign inventions. Specifications to be filed instead of being enrolled. Specifications, &c., to be filed in such office vessels of any foreign state of which the laws authorise subjects of such foreign state, having patents or like privileges for the exclusive use or exercise of inventions within its territories, to prevent or interfere with the use of such inventions in British ships or vessels, or in or about the navigation of British ships or vessels, while in the ports of such foreign state, or in the waters within the jurisdiction of its courts, where such inventions are not so used for the manufacture of goods or commodities to be vended within or exported from the territores of such foreign state (a). Filing and Publication of Specifications and Indexes. All letters patent to be granted under this Act (save only letters patent granted after the filing of a complete specification) shall require the specification thereunder to be filed in the High Court of Chancery, instead of requiring the same to be enrolled, and no enrolment shall be requisite (b). Every specification to be filed in pursuance of the condition of any letters patent shall be filed in such office of the Court of as Lord Chan- Chancery as the Lord Chancellor shall from time to time cellor shall direct. Copies of appoint, and every provisional specification and complete specification left or filed at the office of the commissioners on the application for any letters patent, shall forthwith after the grant of the letters patent, or, if no letters patent be granted, then immediately on the expiration of six months from the time of such application, be transferred to and kept in the said office appointed for filing specifications in Chancery (c). The commissioners shall cause true copies of all specifications (other than provisional specifications), disclaimers, and memoranda of alterations filed under or in pursuance of this Act, and of all provisional specifications after the term of the provisional protection of the invention has expired, to be open to the inspection of the public at the office of the commissioners, and at an office in Edinburgh and Dublin respectively, at all reasonable times, subject to such regulations as the commissioners may direct; and the commissioners shall cause a transcript of the said letters patent to be transmitted for enrolment in the Court of Chancery, Dublin, and shall cause the same to (a) 15 & 16 Vict. c. 83, s. 26. (b) Ibid. s. 27. (e) Ibid. s. 28. be enrolled therein, and the transcript or exemplification thenceforward shall have the like effect to all intents and purposes as if the original letters patent had been enrolled in the Court of Chancery in Dublin, and all parties shall have all their remedies by scire facias or otherwise, as if the letters patent had been granted to extend to Ireland only (a). and other The commissioners shall cause to be printed, published, and Specifications sold, at such prices and in such manner as they may think fit, documents all specifications, disclaimers, and memoranda of alterations to be printed and pubdeposited or filed under this Act, and such specifications (not lished. being provisional specifications), disclaimers, and memoranda respectively, shall be so printed and published as soon as conveniently may be after the filing thereof respectively, and all such provisonal specifications shall be so printed and published as soon as conveniently may be after the expiration of the provisional protection obtained in respect thereof; and it shall be lawful for the commissioners to present copies of all such publications to such public libraries and museums as they may think fit, and to allow the person depositing or filing any such specification, disclaimer, or memorandum of alteration to have such number, not exceeding twenty-five, of the copies thereof so printed and published, without any payment for the same, as they may think fit (b). As to pre of publicasenting copies tions to pub lic libraries, &c. the office for specifications. It shall be lawful for the Lord Chancellor and the Master of Enrolments, the Rolls to direct the enrolment of specifications, disclaimers, &c., may be and memoranda of alterations heretofore or hereafter enrolled or deposited at the Rolls Chapel Office, or at the Petty Bag Office, or at the Enrolment Office of the Court of Chancery, or in the custody of the Master of the Rolls as keeper of the public records, to be transferred to and kept in the office appointed for filing specifications in Chancery under this Act (c). ers to cause indexes to be made to old specifications, The commissioners shall cause indexes to all specifications, Commissiondisclaimers, and memoranda of alterations heretofore or to be hereafter enrolled or deposited as last aforesaid to be prepared in such form as they may think fit, and such indexes shall be open to the inspection of the public at such place or places as the commissioners shall appoint, and subject to the regulations &c. Such specifications, &c., may be printed and published. (a) 15 & 16 Vict. c. 83, s. 29. (b) Ibid. s. 30. (c) Ibid. s. 31. |