Complete Protection for Inventions.

Progress, Volume I, Issue 3, 2 January 1906, Page 61

Complete Protection for Inventions.

By E S. Baldwin, M.E., Queen's Prizeman, South Kensington.

\n aiticle appeared in the last issue of Progress on provisional protection, at the end of which period of nine months the application must be completed by filing a complete specification, and drawings when the invention cannot be clearly understood without them If, however, by madvertance the complete specification is not filed withm the nine months, it may be filed within a further month by making application for extension of time and paying fees therefor. The term " complete " is somewhat misleading and it frequently occurs that inventors are under the erroneous impression that, after filing a complete specification and paying the fees connected therewith, they will obtain their patent deed. Such is not the case, however, as application must be made and a sealing fee paid before the deed can issue. Reasons for filing a provisional application were given in last issue, but a complete application may be filed in the first instance, that is, without being preceded by a provisional application. The complete specification must " particularly describe and ascertain the nature of the invention " whereas the provisional specification contains merely a statement of the nature of the invention. It must distinguish between what is claimed as new and what is old, and must terminate with a distinct statement of the novelty or novelties claimed. Upon receipt by the Patent Office the specification is examined to see whether it is in order and properly describes the invention, and if it has been preceded by a provisional specification, whether the invention is the same. If the complete specification describes more than, or matter different from, the provisional, it will be considered a different invention and will be rejected for disconformity until it is amended The complete specification will not be refused if it narrows the scops, that is, leaves out a part, of the provisional. The New Zealand Patent officers are now following the procedure recently brought into vogue in Great Britain, and are making a search m the interest of the inventor with fegard to novelty of each invention brought before them If the registrar finds a specification m the New Zealand or British records describing an invention similar to the applicant's, he sends a notification to that effect, and the specification must be amended if it entrenches on the anticipating patents. The search made by the Patent officers is extensive, but does not carry a guarantee that the specification is good m law. The complete specification must be accepted within twelve months from the date of filing the application, or within a further extended period of three months on obtaining consent of the registrar and paying a fee thereon. After the specification has been

accepted, the registrar advertises the acceptance m the Patent Office Supplement to the Gazette. Any person may lodge opposition, giving particulars of his objections to the application within two months from" the date of gazetting the application. If there is no opposition the registrar notifies the applicant that fees are payable and the patent may be sealed.