For England, to one person only . . . . . . . . . . .
„ if to two persons, an additional.
„ if the Colonies be included . .
For Scotland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The expenses of the specification are to be added to the foregoing, which depend entirely upon its length, the trouble of preparing it, and the quantity of drawings. It cannot be less than ten pounds; and the average cost may be stated at about twenty pounds each, though there have been instances of the costs exceeding one hundred pounds, when it has been necessary to describe minutely very extensive meohanism, accompanied by numerous elaborate drawings. The expense is frequently much increased by the inventor not having well digested all his plans, and working drawings having to be made out by the head and from verbal descriptions, which generally require much alteration and study before they are complete. A material part of the before-mentioned costs of specifications, consists in the stamps and enrolment fees, amounting, we think, to about half of the whole; the remaining half forming the compensation to the agent employed to write, making out the drawings, etc. of the specification. But if the patentee feels himself competent to execute this task in a proper manner, he may save himself this half of the expense; nevertheless, if he has not previously been a patentee, and thereby become acquainted with all the requirements of the law in this most essential proceeding, it would be imprudent in him not to avail himself of the advice or assistance of one more experienced in matters of the kind.
The specification is engrossed upon parchment, the first skin bearing a five pound stamp, and every succeeding skin, or second 1080 words, stamps of one pound each. Two sets or drawing's are required, one on paper, the other on vellum or parchment; the latter are retained in the office, and are stitched to the copy of the patent on the "rolls." After this is done, the specification that was deposited, and the drawing on paper, will be returned to the patentee on application at the office; at which time the balance of the enrolment fees (a sum having been previously deposited) is demanded. The fees of enrolment of a Scotch patent are considerably more than for an English one, and the stamps are the same. The fees chargeable for an Irish patent, as well as the stamps, are less than those for an English one.
Since the foregoing was prepared for the press, an Act of Parliament for the amendment of the patent laws was introduced by Lord Brougham, and passed on the 10th September, 1835, of which the following is an abstract: -
"1. Any person who, as grantee, assignee, or otherwise, hath obtained letters patent for any invention, may enter with the clerk of the patents of England, Scotland, or Ireland, respectively, having first obtained the leave of the Attorney General, or Solicitor General in case of an English patent, of the Lord Advo-vocate or Solicitor General of Scotland in the case of a Scotch patent, or of the Attorney General or Solicitor General for Ireland in the case of an Irish patent, a disclaimer of any part of either the title of the invention, or of the specification, stating the reason for such disclaimer; or may, with such leave as aforesaid, enter a memorandum of any alteration in the said title or specification, not being such disclaimer or such alteration as shall extend the exclusive right granted by the said letters patent; and such disclaimer or memorandum of alteration shall be deemed to be part of such letters patent, or such specification, in all courts whatever: Provided that any person may enter a caveat against such disclaimer or alteration; which caveat shall give the party a right to have notice of the application being heard: Provided also that the Attorney General or Solicitor General, or Lord Advocate, may, before granting such fiat, require the party applying to advertise his disclaimer or alteration, and shall, if he require such advertisement, certify in his fiat that the same has been duly made.
"2. If, in any suit, it shall be proved, or specially found by the verdict of a jury, that any person who shall have obtained letters patent for any invention, was not the first inventor thereof, or of some part thereof, by reason of some other person or persons having invented or used the same, or some part thereof, before the date of such letters patent; or if such patentee or his assigns shall discover that some other person had, unknown to such patentee, invented or used the same, or some part thereof, before the date of such letters patent; or if such patentee or his assigns shall discover that some other person had, unknown to such patentee, invented or used the same, or some part thereof, before the date of such letters patent, it may be lawful for such patentee, or his assigns, to petition His Majesty, in council, to confirm the said letters patent, or to grant new letters patent; which petition shall be heard before the judicial committee of the privy council; and such committee, upon being satisfied that such patentee believed himself to be the first and original inventor, and that such invention, or part thereof, had not been publicly and generally used before the date of such first letters patent, may report their opinion that the prayer of such petition ought to be complied with; whereupon His Majesty may, if he think fit, grant such prayer: and the said letters patent shall be available in law and equity to give to such petitioner the sole right of using, making, and vending such invention as against all persons whatsoever, any law, usage, or custom to the contrary thereof notwithstanding.
"3. If any action at law, or any suit in equity for an account, shall be brought in respect of any alleged infringement of letters patent, or any scire facias to repeal such letters patent, and if judgment shall pass for the patentee or his assigns upon the merits of the suit, the judge may certify that the validity of the patent came in question before him, which certificate being given in evidence in any other suit or action whatever touching such patent, if judgment shall pass in favour of such patentee or his assigns, he or they shall receive treble costs, to be taxed at three times the taxed costs, unless the judge shall certify that he ought not to have such treble costs.
"4. If any patentee shall advertise in the London Gazette three times, and in three London papers, and three times in some country paper, published in the town where, or near to which, he carried on the manufacture of any thing made, according to his specification; or near to, or in which he resides, in case he carried on no such manufacture; or published in the county where he carries on such manufacture, or where he lives, in case there shall not be any paper published in such town, that he intends to apply for a prolongation of his term of sole using and vending his invention, and shall petition His Majesty in council to that effect; any person may enter a caveat; and if His Majesty shall refer the consideration of such petition to the judicial committee of the privy council, and notice shall first be by him given to any person or persons who shall have entered such caveats, the petitioner shall be heard by his counsel, and witnesses, to prove his case, and the persons entering caveats shall likewise be heard by the counsel and witnesses; whereupon, and upon hearing and inquiring of the whole matter, the judicial committee may report that a further extension of the term in the said letters patent should be granted, not exceeding seven years; and His Majesty is, if he shall think fit, to grant new letters patent for the said invention for a term not exceeding seven years after the expiration of the first term: Provided the application by petition shall be made and prosecuted with effect before the expiration of the term originally granted in such letters patent."
5 and 6 introduce some alterations in the forms of process in actions for infringement.
"7. That if any person shall write, stamp, etc. upon any thing the name, or any imitation of the name of any other person who hath obtained letters patent for such thing, without leave in writing; or if he shall write, stamp, etc. on such thing without leave, as aforesaid, the words 'patent,' 'letterspatent,'or 'by the king's patent,' or any words of the like kind, meaning, or import, he shall, for every such offence, be liable to a penalty of 50?."
It is necessary we should not omit to inform the reader that very recently an Act was introduced by the Duke of Richmond, and received the sanction of the legislature, for the abolition of voluntary and extra-judicial oaths and affidavits; by the provisions of which it is now indispensable that an inventor who applies for a patent should first make a "declaration" in lieu of the affidavit, of which we have given the form on page 266; and this declaration must be couched in the terms expressed in the Act, which we have not space to insert.