PATENTS  , properly documents conferring some See also:

• PRIVILEGE

privilege, right, &c., See also:

• SHORT, FRANCIS JOB (1857– )

short for " letters patent " (q.v.) . Patents for inventions, See also:

• INSTRUMENTS

instruments which formerly See also:

• BORE

bore the See also:

• GREAT

great See also:

• SEAL
• SEAL, FUR
• SEAL, HAIR

seal of the See also:

• UNITED

United See also:

• KINGDOM

Kingdom, are now issued at the Patent See also:

• OFFICE (from Lat. officium, " duty," " service," a shortened form of opifacium, from facere, " to do," and either the stem of opes, " wealth," " aid," or opus, " work ")

Office in See also:

• LONDON

London under the seal of that office . By their means inventors obtain a See also:

• MONOPOLY (Gr. govomeXla or govoircaXwv, exclusive sale, from govds, alone, and irwXeiv, to sell)

monopoly in their inventions for fourteen years, a See also:

• TERM

term which, if insufficient to remunerate the inventor, can be extended . This monopoly is founded on exactly the same principle as the See also:

• COPYRIGHT

copyright enjoyed by authors and artists . There are persons who argue that no such privilege should be permitted; there are others who think that the most trifling exertions of the inventive faculties should be protected . The right course clearly lies between these extremes . To See also:

• GRANT (from A.-Fr. graunter, O. Fr. greanter for creanter, popular Lat. creantare, for credentare, to entrust, Lat. credere, to believe, trust)
• GRANT, ANNE (1755-1838)
• GRANT, CHARLES (1746-1823)
• GRANT, GEORGE MONRO (1835–1902)
• GRANT, JAMES (1822–1887)
• GRANT, JAMES AUGUSTUS (1827–1892)
• GRANT, ROBERT (1814-1892)
• GRANT, SIR ALEXANDER
• GRANT, SIR FRANCIS (1803-1878)
• GRANT, SIR JAMES HOPE (1808–1895)
• GRANT, SIR PATRICK (1804-1895)
• GRANT, U
• GRANT, ULYSSES SIMPSON (1822-1885)

grant a very See also:

• LONG, GEORGE (1800-1879)
• LONG, JOHN DAVIS (1838– )

long term of exclusive See also:

• POSSESSION
• POSSESSION (Lat. possessio, possidere, to possess)

possession might be detrimental to the public, since it would tend to stop the progress of improvement . A limited See also:

• PROPERTY

property must therefore be allowed—large enough to give the inventor an opportunity of See also:

• REAPING (from O.E. rypan, rypan, probably allied to " ripe," mature, i.e. " fit for reaping "; the cognate forms are found in other languages)

reaping a See also:

• FAIR

fair See also:

• REWARD

reward, but not barring the way for an unreasonable See also:

• PERIOD
• PERIOD (Gr. irepioSos, a going or way round, circuit, aepi, round, and &Sis, way, road)

period . And, when this See also:

• COMPROMISE (pronounced compromize; through Fr. from Lat. compromittere)

compromise has been decided on, it will be seen how difficult it may be to determine beforehand what is the real merit of an invention, and apportion the See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time to that merit . Hence it has been found necessary to allot one fixed period for all kinds of inventions falling within the purview of the patent See also:

• LAWS

laws . United Kingdom.—Formerly the reigning See also:

• PRINCE
• PRINCE (Lat. princeps, from primus capio, " I am the first to take "; Ital. principe, Fr. prince)

prince considered himself entitled, as See also:

• PART

part of his See also:

• PREROGATIVE

prerogative, to grant privileges of the nature of monopolies to any one who had gained his favour . These grants became so numerous that they were oppressive and unjust to various classes of the See also:

• COMMONWEALTH

commonwealth; and hence, in the reign of See also:

• JAMES
• JAMES (Gr. 'IlrKw,l3or, the Heb. Ya`akob or Jacob)
• JAMES (JAMES FRANCIS EDWARD STUART) (1688-1766)
• JAMES, 2ND EARL OF DOUGLAS AND MAR(c. 1358–1388)
• JAMES, DAVID (1839-1893)
• JAMES, EPISTLE OF
• JAMES, GEORGE PAYNE RAINSFOP
• JAMES, HENRY (1843— )
• JAMES, JOHN ANGELL (1785-1859)
• JAMES, THOMAS (c. 1573–1629)
• JAMES, WILLIAM (1842–1910)
• JAMES, WILLIAM (d. 1827)

James I., a See also:

• STATUTE

statute was wrung from that See also:

• KING
• KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
• KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
• KING, CHARLES WILLIAM (1818-1888)
• KING, CLARENCE (1842–1901)
• KING, EDWARD (1612–1637)
• KING, EDWARD (1829–1910)
• KING, HENRY (1591-1669)
• KING, RUFUS (1755–1827)
• KING, THOMAS (1730–1805)
• KING, WILLIAM (1650-1729)
• KING, WILLIAM (1663–1712)

king which declared all monopolies that were grievous and inconvenient to the subjects of the See also:

• REALM

realm to be void .

(See LETTERS PATENT; MONOPOLY.) There was, however, a See also:

• SPECIAL

special exception from this enactment of all letters patent and grants of privilege of the " See also:

• SOLE (Solea)

sole working or making of any manner of new manufacture within the realm to the true and first inventor of such manufacture, which others at the time of making such letters patent and grants should not use, so they be not contrary to See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law, nor mischievous to the See also:

• STATE
• STATE, GREAT OFFICERS OF

state by raising of the prices of commodities at See also:

• HOME
• HOME, DANIEL DUNGLAS (1833-1886)
• HOME, EARLS OF

home or hurt of See also:

• TRADE (O. Eng. trod, footstep, from tredan, to tread; in M. Eng. the forms teed, trod and trade appear, the last in the sense of a beaten track)
• TRADE, BOARD OF

trade or generally inconvenient." Upon these words hangs the whole law of letters patent for inventions . Many statutes were afterwards passed, but these were all repealed by the Patent See also:

• ACT (Lat. actus, actum)

Act of 1883 (46 & 47 Vict . C . 57), which, besides introducing a new See also:

• PROCEDURE (Fr. procedure, from Lat. procedere, to go for-ward)

procedure, modified the law in several particulars . Subsequently acts amending the law were passed in 1885, 1886, 1888, 1901, 1902 and 1907 . These acts, with the exception of certain sections of the act of 1883, were repealed by a consolidating act, the Patents and Designs Act 1907, which also introduced new provisions into See also:

• ENGLISH

English patent law . Where the law is not expressly laid down by act of See also:

• PARLIAMENT (Anglo-Lat. parliamentum, Fr. parlement, from parler, to speak)

parliament, it has to be gathered from the numerous decisions of the courts, for patent law is to no inconsiderable extent " See also:

• JUDGE (Lat. judex, Fr. juge)

judge-made law." The inventions for which patents are obtained are chiefly either vendible articles formed by chemical or See also:

• MECHANICAL

mechanical operations, such as See also:

• CLOTH

cloth, See also:

• ALLOYS (through the Fr. aloyer, from Lat. alligare, to combine)

alloys, vulcanized See also:

• INDIA
• INDIA, FRENCH

india-See also:

• RUBBER, INDIARUBBER

rubber, &c., or machinery and apparatus, or processes . It may be remarked here that a scientific principle cannot See also:

• FORM (Lat. forma)

form the subject of a valid patent unless its application to a See also:

• PRACTICAL

practical and useful end and See also:

• OBJECT

object is shown . An abstract notion, a philosophical See also:

• IDEA (Gr. Ibia, connected with i&eiv, to see; cf. Lat. species from specere, to look at)

idea, may be extremely valuable in the realm of See also:

• SCIENCE (Lat. scientia, from scire; to learn, know)

science, but before it is allowed to form a See also:

• SOUND
• SOUND, THE (Danish Oresund)

sound basis for a patent the See also:

• WORLD

world must be shown how to apply it so as to gain therefrom some immediate material See also:

• ADVANTAGE

advantage . With regard to processes, the See also:

• LANGUAGE (adapted from the Fr. langage, from langue, tongue, Lat. lingua)

language of the statute of James has been strained to bring them within the words " any manner of new manufacture," and See also:

• JUDGES, THE BOOK OF

judges on the See also:

• BENCH (an O.E. and Eng. form of a word common to Teutonic languages, cf. Ger. Bank, Dan. baenk and the Eng. doublet " bank ")

bench have admitted that the exposition of the act has gone much beyond the See also:

• LETTER (through Fr. lettre from Lat. littera or litera, letter of the alphabet; the origin of the Latin word is obscure; it has probably no connexion with the root of linere, to smear, i.e. with wax, for an inscription with a stilus)

letter . However, it is undoubted law that a See also:

• PROCESS

process is patentable; and patents are accordingly obtained for processes every See also:

• DAY (O. Eng. dreg, Ger. Tag; according to the New English Dictionary, " in no way related to the Lat. dies")
• DAY, JOHN (1574-1640?)
• DAY, THOMAS (1748-1789)

day . The See also:

• PRINCIPAL

principal classes of patentable inventions seem to be these: (1) new contrivances applied to new ends, (2) new contrivances applied to old ends, (3) new combinations of old parts, whether See also:

• RELATING

relating to material See also:

• OBJECTS

objects or processes, (4) new methods of applying a well-known object .

With regard to a patent for the new application of a well-known object it may be remarked that there must be some display of ingenuity, some amount of invention, in making the application, otherwise the patent will be invalid on the ground that the subject-See also:

• MATTER

matter is destitute of novelty . For example, a fishplate, used before the introduction of See also:

• RAILWAYS

railways to connect 904 wooden beams could not be patented to connect the rails of a railway (Harwood v . Great See also:

• NORTHERN

Northern Railway Co., r86o-1865, Ir H . L . C . 654); nor can a See also:

• SPRING (from " to spring," " to leap or jump up," " burst out," O. Eng., springau, a common Teut. word, cf. Ger. springer, possibly allied to Gr. QnrFpxecOac, to move rapidly)

spring long used in the See also:

• REAR

rear of a See also:

• CARRIAGE

carriage be patented for use in the front (See also:

• MORGAN
• MORGAN, DANIEL (1736-1802)
• MORGAN, EDWIN DENNISON (1811-1883)
• MORGAN, JOHN HUNT (1825-1864)
• MORGAN, JOHN PIERPONT (1837–1913)
• MORGAN, LEWIS HENRY (1818-1881)
• MORGAN, SYDNEY, LADY (c. 1783-1859)
• MORGAN, THOMAS (d. 1743)

Morgan v . Windover, 1890, 7 R . P . C . 131) . But a small amount of invention will suffice, so long as the improvement is See also:

• MANIFEST (Lat. manifestus, clear, open to view)

manifest, either as saving time or labour (Rickmann v . See also:

• THIERRY

Thierry, 1896, 14 R.P, C .

105: Patent Exploitation, Ltd. v . See also:

• SIEMENS, ERNST WERNER VON (1816-1892)
• SIEMENS, SIR WILLIAM [KARL WILHELM] (1823-1883)

Siemens& Co., 1904, 21 R.P.C . 549) . Whatever be the nature of the invention, it must possess the incidents of utility and novelty, else any patent obtained in respect of it will be invalid . The degree of utility need not, however, be great . As to novelty, this is the See also:

• ROCK
• ROCK (O.Fr. rake, Sp. rota, Ital. rocca; possibly from a Lat. form rupica, from rupes, rock)
• ROCK, DANIEL (1799–187t)

rock upon which most patents split; for, if it can be shown that other persons have used or published the invention before the date of the patent, it will fall to the ground, although the patentee was an See also:

• INDEPENDENT

independent inventor deriving his ideas from no one else . The difficulty of steering clear of this rock will be apparent at once . Suppose A in London patents an invention the result of his own ingenuity and patient study,. and it afterwards appears that B, in some distant part of the kingdom, had been previously openly using the same thing in his workshop, A's patent is See also:

• GOOD, JOHN MASON (1764-1827)

good for nothing . Thus, where the patent sued on was a See also:

• LOCK (from the O. Eng. loc.; the word appears, in different forms, in many Teutonic languages, but with such various meanings as " hole," Ger. Loch, " lid," Swed. lock, &c.; probably the original was a root meaning " to enclose ")
• LOCK, MATTHIAS

lock, it was proved that a similar lock had been in use on a See also:

• GATE

gate adjoining a public road for sixteen years See also:

• PRIOR (from Lat. prior—former, and hence superior, through O. Fr. priour)
• PRIOR, MATTHEW (1664-1721)

prior to the patent, which was accordingly invalidated (See also:

• CARPENTER, LANT (1780-1840)
• CARPENTER, MIRY (1807-1877)
• CARPENTER, WILLIAM BENJAMIN (1813-1885)

Carpenter v . See also:

• SMITH
• SMITH, ADAM (1723–1790)
• SMITH, ALEXANDER (183o-1867)
• SMITH, ANDREW JACKSON (1815-1897)
• SMITH, CHARLES EMORY (1842–1908)
• SMITH, CHARLES FERGUSON (1807–1862)
• SMITH, CHARLOTTE (1749-1806)
• SMITH, COLVIN (1795—1875)
• SMITH, EDMUND KIRBY (1824-1893)
• SMITH, G
• SMITH, GEORGE (1789-1846)
• SMITH, GEORGE (184o-1876)
• SMITH, GEORGE ADAM (1856- )
• SMITH, GERRIT (1797–1874)
• SMITH, GOLDWIN (1823-191o)
• SMITH, HENRY BOYNTON (1815-1877)
• SMITH, HENRY JOHN STEPHEN (1826-1883)
• SMITH, HENRY PRESERVED (1847– )
• SMITH, JAMES (1775–1839)
• SMITH, JOHN (1579-1631)
• SMITH, JOHN RAPHAEL (1752–1812)
• SMITH, JOSEPH, JR
• SMITH, MORGAN LEWIS (1822–1874)
• SMITH, RICHARD BAIRD (1818-1861)
• SMITH, ROBERT (1689-1768)
• SMITH, SIR HENRY GEORGE WAKELYN
• SMITH, SIR THOMAS (1513-1577)
• SMITH, SIR WILLIAM (1813-1893)
• SMITH, SIR WILLIAM SIDNEY (1764-1840)
• SMITH, SYDNEY (1771-1845)
• SMITH, THOMAS SOUTHWOOD (1788-1861)
• SMITH, WILLIAM (1769-1839)
• SMITH, WILLIAM (c. 1730-1819)
• SMITH, WILLIAM (fl. 1596)
• SMITH, WILLIAM FARRAR (1824—1903)
• SMITH, WILLIAM HENRY (1808—1872)
• SMITH, WILLIAM HENRY (1825—1891)
• SMITH, WILLIAM ROBERTSON (1846-'894)

Smith, 1842, I See also:

• WEB (a word common to Teutonic languages, cf. Du. webbe, Dan. vaev, Ger. Gewebe, all from the Teutonic wabh—to weave)

Web . P.C . 540) .

It is therefore a very frequent subject of inquiry, whether an invention has been previously used to such an extent as to have been publicly used in the sense attached by the courts to this phrase . But whereas " user " in public is sufficient prior publication to invalidate a subsequent patent for the invention so used, publication in books, &c., will not be a See also:

• BAR
• BAR (0. Fr. barre, Late Lat. barra, origin unknown)
• BAR, CONFEDERATION OF
• BAR, FRANCOIS DE (1538-1606)
• BAR, THE

bar to novelty unless its effect is to make the invention actually a part of public knowledge; and in dealing with alleged anticipations by patents that have never come into See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general use the courts will not invalidate a subsequent patent unless a See also:

• PERSON, OFFENCES AGAINST THE

person of See also:

• ORDINARY (med. Lat. ordinarius, Fr. ordinaire)

ordinary knowledge of the subject, on having the alleged anticipation brought under his See also:

• NOTICE

notice, would at once perceive, understand, and be able practically to apply the invention without making experiments or seeking for further See also:

• INFORMATION (from Lat. informare, to give shape or form to, to represent, describe)

information . The inventor himself is not allowed to use his invention, either in public or secretly, with a view to profit, before the date of the patent . Thus, if he manufactures an See also:

• ARTICLE (from Lat. articulus, a joint)

article by some new process, keeping the process an entire See also:

• SECRET (Lat. secretum, hidden, concealed)

secret, but selling the produce, he cannot afterwards obtain a patent in respect of it . If he were allowed to do this he might in many cases easily obtain a monopoly in his invention for a much longer period than that allowed by law (Morgan v . Seaward, 1837, r Web . P.C . 192) . The See also:

• RULE

rule that an inventor's use of the invention invalidates a subsequent patent does not, however, apply to cases where the use was only by way of experiment with a view to improve or test the invention (See also:

• ELIAS, JOHN (1774-1841)

Elias v . Grovesend Tinplate Co., 1890, 7 P.O.R . 466) . And it has been repeatedly decided that the previous experiments of other persons, if in-See also:

• COMPLETE

complete or abandoned before the realization of the See also:

• DISCOVERY

discovery, will not have the effect of vitiating a patent .

Even the prior discovery of an invention will not prevent another independent discoverer from obtaining a valid patent if the earlier inventor kept the secret to himself, the law holding that he is the " true and first inventor " who first obtains a patent . The Patents Act 1883 provided that the See also:

• EXHIBITION

exhibition of an invention at an See also:

• INDUSTRIAL

industrial or See also:

• INTERNATIONAL, THE

international exhibition certified as such by the See also:

• BOARD (O. Eng. bord)

Board of Trade, or the publication of any description of the invention during the period of the holding of the exhibition, or its use for the purpose of the exhibition in the See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place where it is held, or during the period of the exhibition by any person else-where, without the privity or consent of the inventor, should not See also:

• PREJUDICE (Lat. praejudicium)

prejudice the right of the inventor or of his legal See also:

• PERSONAL

personal representative to apply for and obtain a patent, or the validity of any patent granted on the application, provided that two conditions are complied with, viz . (a) the exhibitor must, before exhibiting the invention, give the See also:

• COMPTROLLER

Comptroller-General a pre-scribed notice of his intention to do so; and (b) the application for the patent must be made before or within six months from thedate of the opening of the exhibition . The Patents Act 1886, enabled the See also:

• SOVEREIGN

Sovereign, by See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order in See also:

• COUNCIL (Lat. concilium, from cum, together, and the root cal, to call)

council, to extend the See also:

• PRO

pro-See also:

• VISION (from Lat. videre, to see), or SIGHT

vision above mentioned to industrial and international exhibitions held out of the United Kingdom . The act of 1907 re-enacted these provisions (§§ 45, 59) . When an invention is the See also:

• JOINT (through Fr. from Lat. junctum, jungere, to join)

joint See also:

• PRODUCTION (Lat. productionem, from producere, to pro-duce)

production of more persons than one, they must all apply for and obtain a joint patent, for a patent is rendered invalid on showing that a material part of the invention was due to some one not named therein . The See also:

• MERE
• MERE, ADALBERT (1838-1909)

mere See also:

• SUGGESTION

suggestion of a workman employed by an inventor to carry out his ideas will not, however, require that he should be joined, provided that the former adds nothing substantial to the invention, but merely See also:

• WORKS

works out in detail the principle discovered by his employer . Procedure.—The attributes of novelty and utility being possessed in due degree by an invention, it remains to put in See also:

• MOTION (Lat. motio, from movere, to move)
• MOTION, LAWS OF

motion the machinery for its See also:

• PROTECTION

protection . The Patents Act 1907, re-enacting former provisions, requires an application to be made in a prescribed form (the forms and stamps are on See also:

• SALE
• SALE, GEORGE (c. 1697-1736)
• SALE, SIR ROBERT HENRY (1782—1845)

sale at all postal See also:

• MONEY

money order offices in the United Kingdom), and See also:

• LEFT

left at or sent by See also:

• POST

post to the patent office in the prescribed manner . The application must contain a See also:

• DECLARATION (from Lat. declarare, to make fully clear, clams)

declaration that the applicant is the true and first inventor, and it must be accompanied by either a provisional or complete See also:

• SPECIFICATION (from Med. Lat. specificatio, specificare, to enumerate or mention in detail)

specification . A provisional specification describes the nature of an invention, and a complete specification particularly describes and ascertains the nature of the invention and the manner in which it is to be performed . Since the introduction of the patent specification, it has been necessary that an invention pro- - tected by patent should be accurately described by the inventor .

Formerly, when the See also:

• CONDITION (Lat. condicio, from condicere, to agree upon, arrange; not connected with conditio, from condere, conditum, to put together)

condition on which letters patent issued was that the patentee should See also:

• FILE

file a specification completely describing the nature of his invention• within a certain time after the grant, the See also:

• FUNCTION

function of giving the necessary preliminary information on the subject was to some extent discharged by the See also:

• TITLE (0. Fr. title, mod. titre, from Lat. titulus)

title; at any See also:

• RATE

rate, the validity of the grant was liable to be objected to on the ground of the title being too general . Under the See also:

• PRESENT

present law the task of preliminary disclosure falls to the provisional specification, introduced by the Patent Law See also:

• AMENDMENT (through the O. Fr. amender, to correct, from Lat. mendum, a fault)

Amendment Act 1852, and continued by the Patents Acts of 1883 and 1907, although a patentee may, under the latter statutes, dispense with a provisional specification if he thinks proper to file a complete one in the first instance . Where however, these two specifications are filed, it becomes of vital moment to an inventor that the true relation between them should be maintained as defined above . The object of the provisional specification is to secure immediate protection, and to enable a patentee to See also:

• WORK

work at and improve his invention without the See also:

• RISK

risk of his patent being invalidated by premature publication . He is therefore entitled to embody in his complete specification any improved method of working his invention which he may discover in the See also:

• INTERVAL

interval; and he is indeed See also:

• BOUND, or BOUNDARY (from O. Fr. bonde, Med. Lat. bodena or butina, a frontier line)

bound to do so, since, as we have said, the See also:

• PRICE
• PRICE, BARTHOLOMEW (1818–1898)
• PRICE, BONAMY (1807-1888)
• PRICE, RICHARD (1723-1791)

price that a See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man who desires a patent has to pay to the public for the privilege is that he should make a full disclosure of his invention in his complete specification . But there is a limit to what the patentee may do in this respect . He must not describe in his complete specification an invention different from that declared in the provisional . If he falls into this See also:

• ERROR (Lat. error, from errare, to wander, to err)

error there is said to be a " variance " or " disconformity " between the two specifications . The Patents Act 1883, § 9, made it the See also:

• DUTY (from " due," that which is owing, O. Fr. deu, dil, past participle of devoir; Lat. debere, debitum; cf. " debt ")

duty of the examiners of the Patent Office to consider the question of disconformity between specifications on applications for patents, but the only See also:

• POWER [WILLIAM GRATTAN] TYRONE (1797-1841)

power the comptroller had, on discovery of disconformity, was to refuse to accept the specification until the disconforming parts had been eliminated . By the act of 1907, § 6, tie may now refuse to accept the complete specification until it has been amended to his See also:

• SATISFACTION (Lat. salisfacerc, to satisfy)

satisfaction, or (with the consent of the applicant) See also:

• CANCEL (from the Lat. cancelli, a plural diminutive of cancer, a grating or lattice, from which are also derived " chancel " and " chancellor ")

cancel the provisional specification and treat the application as having been made on the date at which the complete specification was left . Moreover, if the complete specification includes an invention not included in the provisional specification, the application may proceed as a whole, or may be divided, and the claim for the additional invention included in the complete specification be regarded as an application for that invention made on the date at which the complete specification was left . An act of 1902 (which, with the exception of a portion dealing with compulsory licences, came into operation on the 1st of See also:

• JANUARY

January 1905) provided for an examination or See also:

• SEARCH, or VISIT AND SEARCH

search as to novelty, such investigation dealing with See also:

• BRITISH

British complete specifications published and dated within fifty years prior to the date of the application .

This search was re-enacted by the act of 1907 (§ 7) and power given to the comp-troller to refuse the grant of a patent in cases in which the invention had been wholly and specifically claimed in specifications to which his search had extended . The term for which a patent is originally granted is fourteen years, but a patentee may, after See also:

• ADVERTISEMENT, or ADVERTISING (Fr. avertissement, warning, or notice)

advertisement according to the rules of the Supreme See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

Court, See also:

• PETITION (Lat. for " seeking " or " praying ")

petition for a further term . The court, in considering its decision, takes regard of the nature and merit of the invention in relation to the public, of the profits made by the patentee as such, and of all the circumstances of the See also:

• CASE
• CASE, JOHN (d. 1600)

case . If it appears to the court that the patentee has been inadequately remunerated by his patent, it may extend the term of the patent to a further term not exceeding seven or, in exceptional cases, fourteen years, or may order the grant of a new patent for a certain term, with any restrictions or provisions it may think See also:

• FIT

fit (Act of 1907, § 18) . Patent privileges, like most other rights, can be made the subject of sale . Partial interests can also be carved out of them by means of licences, instruments which empower other persons to exercise the invention, either universally and for the full time of the patent (when they are tantamount to an See also:

• ASSIGNMENT, ASSIGNATION, ASSIGNEE

assignment of the patentee's entire rights), or for a limited time, or within a limited See also:

• DISTRICT

district . By an exclusive See also:

• LICENCE (through the French from Lat. licentia, licere, to be lawful)

licence is meant one that restrains the patentee from granting other licences to any one else . By means of a licence a patentee may derive benefit from his patent without entering into trade and without See also:

• RUNNING

running the risks of a See also:

• PARTNERSHIP (earlier forms, partener, parcener, from Late Lat. partionarius for partitionarius, from partitio, sharing, pars, part)

partnership . One of the regulations of the act of 1883 was that a patentee could be compelled by the Board of Trade to grant licences to persons who were able to show that the patent was not being worked in the United Kingdom, or that the reasonable requirements of the public with respect to the invention could not be supplied, or that any person was prevented from working or using to the best ad-vantage an invention of which he was possessed . This regulation, however, remained practically a dead letter, for only three applications were made between the years 1883 and 1897, and these never proceeded to a See also:

• HEARING (formed from the verb " to hear," O. Eng. hyran, heron, &c., a common Teutonic verb; cf. Ger. Koren, Dutch hooren, &c.; the O. Tent. form is seen in Goth. hausjan; the initial h makes any connexion with " ear," Lat. audire, or Gr. &Kobew very doub

hearing . After 1897 a few petitions were heard, but even so See also:

• LATE

late as in 1908 there was only one petition and that was withdrawn by agreement between the parties . By § 3 of the act of 1902, the hearing of petitions for a grant of compulsory licences was transferred to the judicial See also:

• COMMITTEE (from commute, an Anglo-Fr. past participle of commettre, Lat. committere, to entrust; the modern Fr. equivalent comite is derived from the Eng.)

committee of the privy council, but the act of 1907 substituted the High Court as the tribunal in the place of the judicial committee .

It also laid down that the reasonable requirements of the public should not be deemed to be satisfied: (a) if by See also:

• REASON (Lat. ratio, through French raison)

reason of the See also:

• DEFAULT (Fr. defaut, from defailler, to fail, Lat. fallere)

default of the patentee to manufacture to an adequate extent and See also:

• SUPPLY (through Fr. from Lat. supplere, to fill up)

supply on reasonable terms, the patented article or any parts thereof necessary for its efficient working or to carry on the patented process to an adequate extent or to grant licences on reasonable terms, any existing trade or See also:

• INDUSTRY (Lat. industria, from indu-, a form of the pre, position in, and either stare, to stand, or struere, to pile up)

industry or the See also:

• ESTABLISHMENT (0. Fr. establissement, Fr. etablissement, late Norm. Fr. establishement, from O. Fr. establir, Fr. etablir, Lat. stabilire, to make stable)

establishment of any new trade or industry in the United Kingdom is unfairly prejudiced, or the demand for the patented article is not reasonably met; or (b) if any trade or industry in the United Kingdom is unfairly prejudiced by the conditions attached by the patentee before or after the passing of the act to the See also:

• PURCHASE

purchase, hire or use of the patented article or to the using or working of the patented process . Clause b is an endeavour to remedy an abuse by which patentees bound down purchasers and licences by all kinds of conditions . See also:

• SECTION
• SECTION (Lat. sectio, cutting, secare, to cut)

Section 38 of the act of 1907 contains also a further remedy, making it unlawful in any See also:

• CONTRACT
• CONTRACT (Lat. contract us, from contrahere, to draw together, to bind)

contract in relation to the sale or See also:

• LEASE (derived through the Fr. from the Lat. laxare, to loosen)

lease of, or licence to use or work, any patented article or process to insert conditions prohibiting or restricting the use of the patent or process from using articles supplied by a third person or requiring him to use other articles not protected by the patent . Such conditions are declared " null and void as being in See also:

• RESTRAINT (from " to restrain," Lat. restringere, to hold back, prevent)

restraint of trade and contrary to public policy." Another new and very important See also:

• PROVISION (Lat. provisio)

provision of the act of 1907 is that dealing with the revocation of patents worked outside the United Kingdom . It may be stated here that in the See also:

• YEAR

year 1908 out of a See also:

• TOTAL

total number of 16,284 patentees, 2819 were See also:

• RESIDENT

resident in the United States, 2516 in See also:

• GERMANY
• GERMANY (Ger. Deutschland)

Germany, 822 in See also:

• FRANCE
• FRANCE, ANATOLE (1844– )

France, 334 in See also:

• AUSTRIA
• AUSTRIA, LOWER (Ger. Niederosterreich or Osterreich unter der Enns, " Austria below the river Enns ")
• AUSTRIA, UPPER (Ger. Oberosterreich or Osterreich ob der Enns, " Austria above the river Enns ")

Austria-See also:

• HUNGARY
• HUNGARY (Hungarian Magyarorszdg)

Hungary, zoo in See also:

• SWITZERLAND

Switzerland, 166 in the Australian Commonwealth, 159 in See also:

• BELGIUM
• BELGIUM (Fr. Belgique; Flem. Belgic)

Belgium, 155 in See also:

• CANADA

Canada, 139 in See also:

• SWEDEN
• SWEDEN [Sverige]
• SWEDEN, NORWAY AND

Sweden and 134 in See also:

• ITALY
• ITALY (Italia)

Italy . It had been a See also:

• COMMON

common practice to take out licences in the United Kingdom (especially in the See also:

• DYEING (0. Eng. dedgian, dealt ; Mid. Eng. deyen)

dyeing industry) in order to See also:

• CLOSE
• CLOSE (from Lat. clausum, shut)
• CLOSE, MAXWELL HENRY (1822-1903)

close the British See also:

• MARKET (Lat. mercatus, trade or place of trade)

market to all except the patentees and their licensees, the patented articles or processes being worked entirely abroad . Section 27 of the act of 1907 enacted that at any time not less than four years after the date of a patent and not less than one year after the passing of the act, any person might apply to the comptroller for the revocation of a patent on the ground that the patented article or process is manufactured or carried on exclusively or mainly outside the United Kingdom . The comp-troller is given power to make an order revoking the patent forth-with or after a reasonable interval, unless the patentee can show satisfactory reasons . The insertion of this provision resulted in the establishment of many factories in the United Kingdom . Legal Remedies.—A patentee's remedy for an infringement of his rights is by See also:

• CIVIL

civil suit, there being no criminal proceedings in such a case . In prosecuting such suit he subjects those rights to a searching examination, for the alleged infringer is at See also:

• LIBERTY (Lat. libertas, from liber, free)

liberty to show that the invention is not new, that the patentee is not the true and first inventor, &c., as well as to prove that the alleged infringement is not really an infringement . But it may here be remarked that a patentee is not bound down (unless he chooses so to be) to the precise mode of carrying the invention into effect described in the specification .

If the principle is new, it is not to be expected that he can describe every mode of working it; he will sufficiently secure the principle by giving some illustrations of it; and no person will be permitted to adopt some mode of carrying905 the same principle into effect on the ground that such mode has not been described by the patentee . On the other See also:

• HAND
• HAND (a word common to Teutonic languages; cf. Ger. Hand, Goth. handus)
• HAND, FERDINAND GOTTHELF (1786-185r)

hand, when the principle is not new, a patentee can only secure the particular method which he has invented, and other persons may safely use other methods of effecting the same object . Instances of this occur every day; and it is well known that scores of patents have been taken out for See also:

• SCREW (O.E. scrue, from O. Fr. escroue, mod. ecrou; ultimate origin uncertain; the word, or a similar one, appears in Teutonic languages, cf. Ger. Schraube, Dan. skrue, but Skeat, following Diaz, finds the origin in Lat. scrobs, a ditch, hole, particularl

screw-propellers, See also:

• STEAM
• STEAM (0. Eng. steam, vapour, smoke, cf. Du. steam; the origin is unknown)

steam-hammers, See also:

• WATER

water-meters, &c., each of which is limited to the particular construction described, and cannot be extended further . Again, where the invention patented consists of a See also:

• COMBINATION (Lat. combinare, to combine)

combination of parts, some old and some new, the whole constituting a new See also:

• MACHINE
• MACHINE (through Fr. from Lat. form machina of Gr. µnxavil)

machine or a new process, it is not open to the world to copy the new part and reject the See also:

• REST (O. Eng. rest, reste, bed, cognate with other Teutonic forms, e.g. Ger. Rast, Riiste, rest, and probably Gothic Rasta, league, i.e. resting or stopping place)

rest . A man is not permitted to allege that the patent is for a combination, and that, the identical combination not having been used, there has been no infringement . If he has borrowed the substance of the invention, it will be held that he has infringed the patent . At common law a person who, alleging that he has a patent, threatens his rivals in trade, is liable to an See also:

• ACTION

action for See also:

• DAMAGES (through O. Fr. damage, mod. Fr. dommage, from Lat. damnum, loss)

damages, but the See also:

• PLAINTIFF

plaintiff cannot succeed without showing that the threats were made maliciously . The Patents Act • 1883 provided another remedy—what is known as " the threats action." This has been incorporated in the act of 1907, § 36 . The statute makes the good faith of the patentee threatening legal proceedings no See also:

• ANSWER (derived from and, against, and the same root as swear)

answer to an action brought against him by any person aggrieved by his threats if the acts complained of are not in fact an infringement of the patent, and if the patentee fails with due See also:

• DILIGENCE

diligence to commence and prosecute an action for infringement . Extent and Construction.—The patent when sealed is to have effect in the United Kingdom and the Isle of Man . The act of 1907, unlike the Patent Law Amendment Act of 1852, does not extend the monopoly to the Channel Islands . The patent business of the United Kingdom is transacted at the Patent Office in London under the superintendence of the comp-troller, an officer appointed by the Board of Trade, under whose direction Ile performs his duties .

At this office is kept a See also:

• REGISTER

register of all patents issued, of assignments of patents, licences granted under them, &c . An illustrated See also:

• JOURNAL
• JOURNAL (through Fr. from late Lat. diurnalis, daily)

journal of patent inventions is published at the same office, where printed copies of all specifications can also be obtained . The fees payable to See also:

• GOVERNMENT
• GOVERNMENT (0. Fr. governement, mod. gouvernement, O. Fr. governer, mod. gouverner, from Lat. gubernare, to steer a ship, guide, rule; cf. Gr. xv(3epvav)

government on patents were considerably reduced by an order of the Board of Trade which came into operation on the 1st of See also:

• OCTOBER

October 1892, and may now be paid by convenient See also:

• ANNUAL

annual instalments . The following are the present fees: before the expiration of the 4th year from the date of the patent, £5 instead of £10; of the 5th year, £6 instead of £10; of the 6th year, £7 instead of £10; of the 7th year, £8 instead of £10; of the 8th year, £9 instead of £15; of the loth year, £11 instead of £2o; of the 11th year, £12 instead of £20: of the 12th year, £13 instead of £20; and of the 13th year, £14 instead of £20 . The preliminary fees amounting to £4 were left untouched by the order but under the Patent Rates of 1905 an additional See also:

• FEE

fee of £1 is payable on the sealing of the patent . The entire cost of a patent is now reduced from £154 to £100 . A new Patent Office was constructed on the site of the old buildings, the frontage extending from See also:

• SOUTHAMPTON
• SOUTHAMPTON, EARL OF
• SOUTHAMPTON, HENRY WRIOTHESLEY, 3RD EARL OF (1J73—1624)

Southampton Buildings into See also:

• STAPLE

Staple See also:

• INN

Inn . The number of applications for patents, which sprang from 5993 in 1883 to 17,110 in 1884, culminated in a total of 30,952 for the year 1892, since which date a steady decline set in down to 1900, when the number was 23,924 . But the See also:

• NUMBERS, BOOK OF
• NUMBERS, PARTITION OF

numbers went up again, reaching 30,030 in 1906, but only 28,598 in 1908 . The number of patents sealed on application for a given year shows less variation, the minimum being 8775 for 1885 against 16,060 in 1907 . The proportion of See also:

• SEALS

seals to applications varies from about 46 to 50% . The receipts from patent fees in 1908 were £262,890, against a total See also:

• EXPENDITURE

expenditure of £179,531 .

The See also:

• OFFICIAL (Late Lat. QJicialis, for class. Lat. apparitor, from officium, office, duty)

official publications of the Patent Office deserve some notice, as, in the See also:

• ABSENCE (Lat. absentia)

absence of official investigation into novelty, the onus of search rests with the applicant or his See also:

• AGENT (from Lat. agere, to act)

agent . The procedure has been greatly simplified by the publication, on a See also:

• UNIFORM

uniform See also:

• SYSTEM

system and at a See also:

• LOW, SETH (1850- )
• LOW, WILL HICOK (1853- )

low rate (Is. per See also:

• VOLUME

volume), of illustrated abridgments of specifications . From 1877 practically to date the searcher obtains a See also:

• CHRONOLOGICAL

chronological See also:

• DIGEST

digest of all specifications falling within a given class . To these classes there is a reference See also:

• INDEX

index, known as the " abridgment class and index See also:

• KEY
• KEY (in O. Eng. tang; the ultimate origin of the word is unknown; it appears only in Old Frisian kei of other Teutonic languages; until the end of the 17th century the pronunciation was kay, as in other words in O. Eng. ending in aeg; cf. daeg, day; clang
• KEY (the phraseograms being indicated by hyphens)
• KEY, SIR ASTLEY COOPER (1821-1888)
• KEY, THOMAS HEWITT (1799-1875)

key," which at once directs the searcher to his proper class and index heading . Patent Agents.—Patents are frequently obtained through the intervention of persons termed patent agents, who devote them-selves to this See also:

• BRANCH (from the Fr. branche, late Lat. branca, an animal's paw)

branch of business . Their position is now regulated by statute . By the Patents Act 1888, it was provided that no person should, after See also:

• JULY

July 1, 1889, be entitled to describe himself (and whoever does so knowingly incurs liability to a maximum See also:

• PENALTY (Lat. poena, punishment)

penalty of £20) as a patent agent whether by advertisement, description of his place of business or otherwise, without being registered as such in pursuance of the act . But the act preserves the right to See also:

• REGISTRATION

registration of every person who, to the satisfaction of the Board of Trade, shows that he had been See also:

• BONA (BONE)
• BONA, JOHN (1609-1674)

bona fide practising as a patent agent before it passed . The Board of Trade is em-powered by this statute to make from time to time general rules for the purpose of carrying out its provisions, and by rules issued in 1889, and reissued in 1891, the Board of Trade delegated to the See also:

• INSTITUTE (from Lat. instituere, to establish or set up)

Institute of Patent Agents (which obtained a royal See also:

• CHARTER (Lat. charta, carta, from Gr. Xap-rns, originally for papyrus, material for writing, thence transferred to paper and from this material to the document, in O. Eng. boc, book)

charter in 1891) the care of the register of patent agents and the duty of holding the necessary See also:

• EXAMINATIONS

examinations for entrance into the profession . British Dominions.—The following notes on colonial law give the salient facts . Prior to 1852 British letters patent extended to all the colonies, but the act of 1852 restricted the rights granted to the United Kingdom, Channel Islands and Isle of Man . See also:

• AUSTRALIA

Australia.—The Commonwealth Acts are No .

21 of 1903, and No . 19 of 1906 . They are founded on the English act of 1883 and amending acts . They provide for a See also:

• DEPARTMENT (Fr. departement, from departir, to separate into parts)

department of patents See also:

• CON

con-trolled by a See also:

• COMMISSIONER

commissioner " under the See also:

• MINISTER (Lat. minister, servant)

minister" (§ 10 of 1903) . Any person, whether a British subject or not, may apply for a patent (§ 32 of 1903) . The term of a patent is 14 years (§ 64 of 1903) . The Commonwealth or a state may acquire patents compulsorily (§§ 93, 94 of 1903) . The act creates a new class of " patent attorneys " (§ See also:

• LOT
• LOT (Lat. Oltis)

lot, 1903) . There is an examination as to novelty (§ 41 of 1903) . The renewal fees amount to a sum of £5 before the end of the 4th year, and £5 before the end of the 7th year from the date of the patent . Bahama Islands.—The law is regulated by the following acts of the See also:

• COLONY (Lat. colonia, from colonus, a cultivator)

colony: 52 Vict. c . 23; 53 Vict. c .

2; 54 Vict. c . 12.; and 63 Vict. c . 3 . Duration of patent 7 years, with power in See also:

• GOVERNOR (from the Fr. gouverneur, from gouverner, O. Fr. governer, Lat. gubernare, to steer a ship, to direct, guide)

governor to renew for another 7 years, and thereafter for a third period of 7 years . The fees are Do on filing specification, Do for second renewal and £20 for third . Apparently there is no preliminary examination as to novelty . Barbadoes.—Acts of 1903 (No . 31) and of 1908 (No. to) . Duration of patent 14 years . The governor in council has power to grant compulsory licences . Fees are £2, Ios. on filing specification, £50 before the end of the 4th year and £too before the end of the 7th year . No preliminary examination as to novelty .

Bermuda.—Act of 1902 (No . 51), on the lines of that of See also:

• TRINIDAD

Trinidad . British See also:

• GUIANA (Guyana, Guayana')

Guiana.—The law is regulated by See also:

• ORDINANCE
• ORDINANCE, or ORDONNANCE

ordinance No . 31 of 1902 and is practically the same as the English act of 1883 . The fees are $15 on filing specification and $See also:

• LOO (formerly called " Lanterloo," Fr. lanturlu, the refrain of a popular 17th-century song)

loo before the end of 7 years . British See also:

• HONDURAS

Honduras.—The law of the loth of See also:

• SEPTEMBER (Lat. septem, seven)

September 1862 has been re-enacted with slight modifications (see supplement to Patent Laws of the World, No . 4, 1900) . There is no examination as to novelty . British India.—The law is now governed by Act 5 of 1888, which applies to the whole of British India . Duration of patent is 14 years . A preliminary examination into novelty might apparently be ordered . The following taxes are payable: annual sums of Rs .

50 from the 4th to the 8th year, and of Rs. loo from the 8th to the 13th year of the term . British New See also:

• GUINEA

Guinea.—The See also:

• QUEENSLAND

Queensland Patents Acts, No 13 of 1884 and No . 5 of 1886, have been adopted . See British New Guinea ordinance No . 6 of 1889, See also:

• SCHEDULE

schedule A . British See also:

• NORTH
• NORTH, BARONS
• NORTH, MARIANNE (1830—1890)
• NORTH, ROGER (1653-1734)
• NORTH, SIR THOMAS (1535?-16o1?)

North See also:

• BORNEO

Borneo.—Straits Settlements law (No . 12 of 1871), adopted by Patents See also:

• PROCLAMATION (Lat. proclamare, to make public by announcement)

Proclamation 1887 (No . 1 of 1887) . Canada.—Patent legislation belongs exclusively to the Dominion Parliament [B.N.A . Act 1867, § 91 (22)1 . The existing acts are c . 61 of 1886; 55 & 56 Vict .

C . 24; 56 Vict. c . 34; and act of 1903 . The duration of the patent is 18 years . At the time of application the applicant may pay the full fee required for that term (viz . $6o) or the partial fee required for the term of 6 years ($20) or for the term of 12 years ($40) . If a partial fee only is paid, the amount is stated in the patent, and the patent ceases at the end of the term covered by such partial See also:

• PAYMENT (Fr. paiement, from payer, to pay; Lat. pacare, to appease, pax, peace)

payment, unless before the expiration of such term the patentee pays the fee required for the further term of 6 or 12 years, viz . $2o in the former case and $4o in the latter . There is a preliminary examination into novelty by examiners, with an See also:

• APPEAL

appeal from the decision of the commissioner of patents to the governor in council . The patent is void unless it is worked in Canada within 2 years, or if after the expiration of 12 months, or any authorized See also:

• EXTENSION (Lat. ex, out ; tendere, to stretch)

extension of either of these periods, the patentee imports the invention into Canada, but conditions may be substituted for condition as to manufacture in Canada, as, for example, a licence to another to manufacture, &c . Cape of Good See also:

• HOPE, ANTHONY
• HOPE, THOMAS (c. 1770-1831)

Hope.—The law is regulated by act No . 17 of 1860, No .

24 of 1902 and No . 28 of 1904 . There is no preliminary examination into novelty, and the act contains no provisions for compulsory working, or as to the importation of patented articles from abroad . See also:

• CEYLON

Ceylon.—The law is now regulated by act 15 of 1906 . The duration of the patent is 14 years, with power vested in the governor in council to grant extensions of 7 and 14 years . There is a preliminary examination as to novelty, but there are no provisions as to compulsory working or the importation of patented articles from abroad . The renewal fees are Rs . 50 annually from before the expiration of the 4th to before the expiration of the 8th year from the filing of the specification, Rs. too after the expiration of the 8th and before the expiration of the 9th year, Rs . 150 after the expiration of the 9th and before the expiration of the loth year, and Rs. zoo annually after the expiration of the loth year to before the expiration of the 13th year . Channel Islands.—These are not now included in grant of letters patent . See form of grant, schedule I., form D., Patents Act 1883 . See also:

• FALKLAND
• FALKLAND, LUCIUS CARY

Falkland Islands.—By ordinance No .

2 of 1903 letters patent for any invention may be granted to any person holding in the United Kingdom a valid patent for any invention or to any person to whom all ihterest in the patent has been assigned . The fee on application is £5 . See also:

• FIJI
• FIJI (Viii)

Fiji Islands.—The law depends on ordinances No . 3 of 1879 and 7 of 1882, and order of See also:

• DECEMBER (Lat. decent, ten)

December 29, 1890 . The duration of the patent is 14 years . There is no preliminary examination, and there are no provisions as to compulsory working or importation from abroad . The patent is not subject to any payment after issue . A fee of 5 guineas is payable on See also:

• DEPOSIT (Lat. depositurn, from deponere, to lay down, to put in the care of)

deposit of petition and specification . The fee for provisional protection is 5 guineas; on obtaining letters patent the applicant pays to guineas . See also:

• GAMBIA

Gambia.—An ordinance (No . 5 of 1900) is practically identical with the English act of 1883 . No .

5 of 1904 made international arrangements for protection of patents . See also:

• GIBRALTAR

Gibraltar.—T here is no patent law in Gibraltar, but special ordinances are sometimes passed extending the privileges of British patentees to the dependency for the unexpired residues of the See also:

• ORIGINAL

original terms . See as examples No . 5 of 1890, No . I of 1896, and No . 1 of 1898 . See also:

• GOLD
• GOLD [symbol Au, atomic weight 195.7(H = 1),197.2(0 =16)]

Gold See also:

• COAST (from Lat. costa, a rib, side)

Coast.—The law is now regulated by the Patents Ordinances 1900 to 1906, which closely resemble the Imperial Act . Hong-See also:

• KONG

Kong.—The law Is regulated by ordinance No . 2 of 1892 . The inventor or assignee of any invention patented in See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England may obtain protection in the colony for the unexpired See also:

• RESIDUE (through the French, from the Lat. residuum, a remainder, from residere, to remain)

residue of the original term . If the English patent is extended by the See also:

• ADVICE (Fr. avis, from Lat. ad, to, and visum, viewed)

advice of the Judicial Committee, an extension of the colonial patent may be obtained, or a new patent granted for the extended period . A fe of $25 is payable on grant of patent, and another fee of the same amount on grant of extension or original letters in lieu of extension .

There Is no preliminary examination, and there are no provisions as to compulsory working or importation from abroad . See also:

• JAMAICA

Jamaica.—The law is still in substance governed by c . 30 of 1857 . But under ordinance No . 15 of 1891 the See also:

• STAMP (from " to stamp," to strike or tread heavily, hence to impress, O. Eng. stempen, Du. stampen, Ger. stampfen, whence, O. Fr. estamper, mod. etamper)

stamp duty on letters patent is now £2 instead of £6, Ios., and there is no longer any fee payable on the reference to the See also:

• ATTORNEY (from O. Fr. atorne, a person appointed to act for another, from atourner, legal Lat. attornare, attorn, literally to turn over to another or commit business to another)

attorney-general . There is no preliminary examination as to novelty, and there are no provisions as to importation from abroad . See also:

• LAGOS

Lagos.—Ordinances of 1900 (No . 17) and 1902 (No . 2) introduce substantially the English law . Leeward Islands.—Act No . 3 of 1906 has adopted the English act of 1883 . The fees are on filing specification £2, Ios.; at end of 4th year £20; at end of 7th year £40 .

See also:

• MALTA
• MALTA (or MEDITERRANEAN) FEVER

Malta.—The law is governed by ordinance No . 11 of 1899 and No . 7. of 1907, the duration of the patent is 14 years . There is no See also:

• EXPRESS (through the French from the past participle of the Lat. exprimere, to press out, by transference used of representing objects in painting or sculpture, or of thoughts, &c. in words)

express provision for a preliminary examination into novelty . Provision is made for compulsory assignation or licence, where the invention has not been put into use within 3 years subsequent to the grant or its working has been suspended for 3 years continuously . The annual fees are £5 before the expiration of the 4th year from the date of the patent; £6 before the expiration of the 5th; £7 and £8 respectively before the expiration of the 6th and 7th years; £9 and £10 before the expiration of the 8th and 9th; and from £11 to £14 before the expiration of the loth, 11th, 12th and 13th years . See also:

• MAURITIUS

Mauritius.—The law is still regulated by ordinance No . 16 of 1875 . There is no preliminary examination as to novelty, and there are no provisions for compulsory working or importation from abroad . See also:

• NATAL

Natal.—The law is still regulated by No . 4 of 187o . But certain details of practice are amended by No .

2 of 1895 . There is no preliminary examination as to novelty, and there are no provisions as to compulsory working or importation from abroad . See also:

• NEWFOUNDLAND

Newfoundland.—The law is contained in the Consolidated Statutes, t. xii . C . 109 . There is no preliminary examination into novelty . In addition to the office fees, the patentee is required to deposit with the colonial secretary the sum of $25, to be paid by him to the See also:

• RECEIVER

receiver-general for the use of the colony . New See also:

• ZEALAND (also SEALAND Or SEELAND; Danish Sjaelland)

Zealand.—The law now depends on No . 12 of 1889, amended in details by No . 8 of 1897 . The duration of a patent is 14 years . There is no preliminary examination as to novelty, and there are no provisions as to compulsory working or importation from abroad .

The following fees are payable: £2 on obtaining letters patent, £5 before the expiration of the 4th year and Do before the expiration of the 7th . See also:

• NIGERIA

Nigeria, Northern.—No . 12 of 1902 introduces practically the English law of 1883 . See also:

• ORANGE
• ORANGE (Citrus Aurantium)
• ORANGE, HOUSE OF

Orange See also:

• RIVER

River Colony.—Up to the outbreak of See also:

• WAR
• WAR (O. Eng. werre, Fr. guerre, of Teutonic origin; cf. O.H.G. werran, to confound)

war in 1899 the law was regulated by ordinance No. lo of 1888 and no See also:

• CHANGE (derived through the Fr. from the Late Lat. cambium, cambiare, to barter; the ultimate derivation is probably from the root which appears in the Gr. «a urmu', to bend)

change has yet been made . The term of a patent was 14 years . No preliminary examination as to novelty . Compulsory licences might be obtained . No See also: