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APPENDIX.

Papers set at Examinations of Candidates for Begistration as Patent Agents held during 1904. 1. Explain fully the requisites of— (a.) A provisional specification ; (b.) A complete specification. 2. Give a brief outline of what inventions are patentable, classifying same as far as possible. 3. State briefly the principles that guide the Courts in maintaining patent rights when the latter are attacked. . 4. Explain what constitutes publication by prior user and give examples— (a.) What amounts to publication by prior user. (b.) What would not amount to publication by prior user. 5. An inventor consults you, stating that he has discovered, after applying for a patent, that a French work to be found on the shelves of the reference libraries in the colony contained (unknown to the inventor) full specifications and plans of his invention; otherwise, as far as the inventor knows, he is the first and true inventor. Can the patent, if granted, be attacked on the ground of prior publication ? 6. A applies for a patent for an article patentable under ordinary conditions, but the identical article was produced some fifty years ago by a person who kept the method of manufacture secret, and whose secret died with him. Is A entitled to a grant of Letters Patent ? 7. Define what constitutes utility in a patent, and indicate in your answer what degree of utility is necessary to support a patent. 8. A consults you stating that he has been working on a patent jointly with B as joint investigators and discoverers. B refuses to either join in applying for a patent or to assign his interest in the invention to A, and A asks you to advise him as to his position as an inventor and as to his rights, and how same can be best protected. How would you advise Aas to his position ? and give your reasons for the advice given. 9. What must a patentee applying for an extension of patent prove in order to succeed in his application, and what form must the application take, and to whom is it addressed? 10. Who may apply for revocation of a patent ? 11. What is the meaning and effect of a compulsory license, and under what circumstances can one be obtained? 12. To what extent can a specification be amended ? State the limits of amendment. 13. A informs you that he has purchased a patent which is already the subject of Letters Patent: state fully the steps A must take in order to complete his title and obtain the full benefit of his purchase. 14. How can the vendor of an article sold as patented, which is not in fact a patent article, be punished ? 15. What steps must the holder of a British patent take to protect himself against an infringement in this colony ?

1. Who may apply for a patent? What difference, if any, is there between the New Zealand and the English Act in this respect ? 2. Explain and illustrate the rule that a mere principle is not patentable. 3. What are the different kinds of " publication " which will invalidate a patent subsequently applied for? State in each case what amount of publication, and under what circumstances, will be sufficient to invalidate. What relation does the question of publication bear to the general question of novelty ? 4. What is the test as to whether a " combination "is patentable ? What special points require attending to in drawing the claim in a specification for a combination patent ? 5. The following were the facts in two well-known cases of actions for infringement in which the validity of the plaintiff's patent was questioned : In the first the patent was for crinolines, and the invention consisted in the substitution of steel springs for whalebone and other elastic materials. In the second the patent was for an improvement in electric lamps : the claim was for " the combination of a carbon filament within a receiver made entirely of glass, through which the leading wires pass, and from which receiver the air is exhausted, for the purposes set forth " : substantially the same lamp had been constructed in two previous instances, the only change made by the plaintiff being the substitution of a carbon filament for a carbon rod, with the object and effect of producing high resistance to the electric current (and corresponding intensity of light), with great durability. What was the decision in each of these cases as to the validity of the patent ? What were the grounds of the decisions ? Discuss the principles applicable. 6. What are the objects of lodging a provisional specification? With what degree of particularity must a provisional specification be drawn ? 7. When will a patent be invalid on the ground of nonconformity of the complete with the provisional specification ? What are the tests of the sufficiency or insufficiency of the complete specification as regards the description of the invention ? 8. What are the provisions of the Act of 1889 in regai<d to amendment of the specification? 9. State shortly the principal steps in the procedure for obtaining a patent, and the points to be attended to in regard to each, giving the times within which such steps must be taken, where times are prescribed. 10. What is the procedure for obtaining an extension of the term of a patent ? For what period can an extension be granted ? Upon what grounds can an extension be granted ?

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