ENGLISH PATENTS.

Dominion, Volume 1, Issue 159, 30 March 1908, Page 10

ENGLISH PATENTS.

INTERESTING PROVISIONS OF NEW ACT. SOME NEW DEPARTURES.' . Judged by the frequency with which supplementary Gazettes dealing witlt applications for patents are issued by the . Government, New Zealand is. a country of inventors. It will, therefore, bo of considerable importanco to those possessing the invontivo faculty to learn something of the provisions of the new': English Patents and Designs Act, 1907. Wo have received a resume of the principal provisions of the Act made by Mr. John P. O'Donnell, chartered patent agent, of London, which aro published herewith. ■!'. Mr. O'Donnell says that the Act, which finally camo into force on January 1, 1908, in addition' to various alterations in the previous Acts in the practice thereunder, introduced somo striking innovations, which may be briefly summarised as follows: — Working. ' ■ At any time not less than four years from the date of a patent, arid • not less than one year after tho passing of this Act (i.e., 'August 28, 1907), any person may apply to the Comptroller for the revocation of a patent'on the ground that the article or process covered by the patent is manufactured or carried on entirely or mainly abroad. This is practically on all fours with the working clauses in tne patent laws of most of tho European countries, which compel patentees in those countries actually to manufacture the patented articles iin ; the countries within varying periods( generally three years), from the' date of the ; patent. This working clause practically apiounts to a protective clause, which a; patent liable to bo declared void if artioles;. made under the patent are manufactured abroad and imported into this country. • .. .' .- The Comptroller may either'order'jimme-, diate revocation of the patent, if .hei is.satisfied that there are no good !grourids for, the non-manufacture, or lie .alloiv! a, reasonable' time' within which manufacture on.: a commercial scale sufficient to supply the demand in; this country must take place, and if manufacture is not commenced within that time, lie may then | order. the patent to be revoked. ■

Patents of Addition. 1 ; ■ , Patents'of addition may be obtained for improvements or of inventions covered by a specification on which an application for a patent lias been filed, or on. which a : patent, has .been granted. .. -Such patents of addition are limited in duration to that of the. original' patent, and expiro, therewith.'; ' Opposition to Patents. Three important, changes have' been made ,in ; regard'-, to oppositions -to the grant of patents, namely: (1) The second'ground of opposition under the old Act has been amended so as to permit of-, opposition on the ground :of any- complete- specification on; an application for a patent of. prior date; 1 this will include'" any ' complete specification, whether' or not .such oojhplete. specification has been accepted and published,before .tlio. date of the tho grant of which ,is opposed, and also -includes specifications filed under the international .convention; ■ (2) a "further'ground of opposition has be6n added under : which the grant of a patent niay be opposed.on,the, ground that the invention'or the manner in which it is to be carried-'out is not fairly,' orjfully 'described in the complete, specification; and (3) the Comptroller may award costs in-ricspect of, oppositions. \ ■ Further; the. Comptroller mayrequire oral evidence instead of or in addition to any declaration, filed'in'an opposition. r , ;.r . v Revocation of Patents. ■ ' The Comptroller may, on an application, made' within two years of the dato of a patent by any person who would have been entitled to oppose the' grant v of: the patent, revoke the patent on tho same ground or grounds on which tlio\grant might have been opposed. This practically means that the period : of opposition ; to the grant of a patent is extended to,two yoars.' The Comptroller's., decision; is subject to appeal to-tho 'Court."''" ''':;' '- r '' '' Search as to Novelty. -> ' . ;The Comptroller has,.- under.-the-new -Act, the power to refuse tho ■ grarit- of a patent, if he ' considers the invention claimed to . havo been completely 1 claimed in any prior patent within the 50 years. Under jtheV-19p2;j'Act the most the Comptroller could .'. do jWas 'to insert 'a.':specificreference;.'by-:,nusnber. ,ahd date to such an anticipating-patent, .-.r i i - . Restoration of- Patents. , The 'Comptroller has power to restore any patent which-lias lapsed, bwingi-to.'the' failure' pf ~ the patentee to : renewal-.'fees, at '.the proper' time or. tirriesi . This procedure is much; cheapor. and- simpler than' unde^ ; the"old., Acts; .which,necessitated all; the trouble and l heavy' cost of.'.obtaining a special Act of Parliament' -to/restoro a patent. ' ''

Compulsory Licenses ''Any interested'/pa'rty'' may.'■■',petition' Cth.o Board of' Trade for the. grant of a compulsory license under a-patent or for the revocation of a patent.on the ground'that the reasonable requirements of the public in regard to tho supply, of the patented) articles have not beenTcomplied,'with,xand : , if 'the Board of Trade is satisfied that a case has been made out, - the petition shall be referred to ithe Court; the';Court;shall;' decide;either to dismiss .the petition, to grarit : a compulsory license, or to rovoko the patent,' according to the circumstances of the case.