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PATENTS AND DESIGNS ACT 1907

PATENTS AND DESIGNS ACT 1907 - LONG TITLE

An Act to consolidate the enactments relating to Patents for
Inventions and the Registration of Designs and certain enactments
relating to Trade Marks.{1}
[28th August 1907]
PART I$$A

PATENTS AND DESIGNS ACT 1907 - SECT 47
Patent Museum.

47.(1) The control and management of the Patent Museum and its
contents shall remain vested in the Board of Education, subject to
such directions as His Majesty in Council may think fit to give.

Subs.(2) rep. by 1977 c.37 s.132 sch.6

S.48 rep. by 1949 c.87 s.106 sch.2; 1949 c.88 s.48 sch.2

Part II (ss.4961) rep. by 1949 c.87 s.106 sch.2; 1949 c.88 s.48
sch.2

Patent Office.

PATENTS AND DESIGNS ACT 1907 - SECT 62

62.(1) The Treasury may continue to provide for the purposes of
this Act and the Trade Marks Act, 1905, an office with all
requisite buildings and conveniences, which shall be called, and is
in this Act referred to as, the Patent Office.

(2) The Patent Office shall be under the immediate control of the
comptroller, who shall act under the superintendence and direction of
the Board of Trade.

(3) Any act or thing directed to be done by or to the comptroller
may be done by or to any officer authorised by the Board of
Trade.

Subs.(4) rep. by 1949 c.87 s.106, sch.2; 1949 c.88 s.48 sch.2

PATENTS AND DESIGNS ACT 1907 - SECT 63
Officers and clerks.

63.(1) There shall continue to be a comptroller-general of patents,
designs, and trade marks, and the Board of Trade may, subject to
the approval of the Treasury, appoint the comptroller, and so many
examiners and other officers and clerks, with such designations and
duties as the Board of Trade think fit, and may remove any of
those officers and clerks.

(2) The salaries of those officers and clerks shall be appointed by
the Board of Trade, with the concurrence of the Treasury, and those
salaries and the other expenses of the execution of this Act and
the Trade Marks Act, 1905, shall continue to be paid out of money
provided by Parliament.

PATENTS AND DESIGNS ACT 1907 - SECT 64
Seal of Patent Office.

64. Impressions of the seal of the Patent Office shall be
judicially noticed and admitted in evidence.

Ss.6581 rep. by 1949 c.87 s.106 sch.2; 1949 c.88 s.48 sch.2[

PATENTS AND DESIGNS ACT 1907 - SECT 82
Hours of business and excluded days.

82.(1) Rules made by the Board of Trade under this Act may specify
the hour at which the Patent Office shall be deemed to be closed
on any day for purposes of the transaction by the public of
business under this Act or of any class of such business, and may
specify days as excluded days for any such purposes.

(2) Any business done under this Act on any day after the hour
specified as aforesaid in relation to business of that class, or on
a day which is an excluded day in relation to business of that
class, shall be deemed to have been done on the next following day
not being an excluded day; and where the time for doing anything
under this Act expires on an excluded day, that time shall be
extended to the next following day not being an excluded day.

(3) Rules made by the Board of Trade under the Trade Marks Act,
1938, may, in relation to any business under that Act, make
provision for any matter for which provision may be made, by virtue
of subsection (1) of this section, by rules made by the Board of
Trade under this Act; and accordingly subsection (2) of this section
shall apply in relation to any business under the said Act of 1938
as if for references therein to this Act there were substituted
references to that Act.]

Ss.8387 rep. by 1949 c.87 s.106 sch.2; 1949 c.88 s.48 sch.2

PATENTS AND DESIGNS ACT 1907 - SECT 88
Provision as to Order in Council.

88. An Order in Council under this Act ... may be revoked or
varied by a subsequent Order.

Ss.89, 90 rep. by 1949 c.87 s.106 sch.2; 1949 c.88 s.48 sch.2

International and Colonial arrangements.

PATENTS AND DESIGNS ACT 1907 - SECT 91

91.(1) ... any person who has applied for protection for any
invention, design, or trade mark [in a Convention country] [or his
legal representative or assignee] shall be entitled to a patent for
his invention or to registration of his design or trade mark under
this Act or the Trade Marks Act, 1905, in priority to other
applicants; and the patent or registration shall have the same date
as the date of the application [in the Convention country.]

Provided that

(a)The application is [made] in the case of a patent within twelve
months, and in the case of a design or trade mark within [six]
months, from the application for protection [in the Convention
country]; and

(b)Nothing in this section shall entitle the patentee or proprietor
of the design or trademark to recover damages for infringements
happening prior to the actual date on which his complete
specification is accepted, or his design or trade mark is
registered, in this country.

Subs.(2) rep. by 1949 c.87 s.106 sch.2

(3) The patent granted for the invention or the registration of a
design or trade mark shall not be invalidated

(a)in the case of a patent, by reason only of the publication of
a description of, or use of, the invention; or

(b)in the case of a design, by reason only of the exhibition or
use of, or the publication of a description or representation of,
the design; or

(c)in the case of a trade mark, by reason only of the use of the
trade mark,

(4) The application for the grant of a patent, or the registration
of a design, or the registration of a trade mark under this
section, must be made in the same manner as an ordinary application
under this Act or the Trade Marks Act, 1905:

[Provided that, in the case of patents, the application] shall be
accompanied by a complete specification, which, if it is not
accepted within [eighteen] months from the application for protection
in the [Convention country] [or in the case of applications made in
accordance with the provisions of subsection (2) of this section
from the earliest of the applications for protection in the
[Convention country]] shall with the drawings [samples and specimens]
(if any) be open to public inspection at the expiration of that
period; ....

Proviso(b) rep. by 1938 c.29 s.11 sch.

[(5) Where a person has applied for protection for any invention,
design or trade mark by an application which

(a)in accordance with the terms of a treaty subsisting between any
two or more Convention countries, is equivalent to an application
duly made in any one of those Convention countries, or

(b)in accordance with the law of any Convention country, is
equivalent to an application duly made in that Convention country,

Subs.(6) omitted by 1938 c.29 s.11 sch.[

PATENTS AND DESIGNS ACT 1907 - SECT 91A
Short title.

91A.(1) In this Act, the expression "Convention country" means a
country in the case of which there is for the time being in force
a declaration made by His Majesty by Order in Council, with a view
to the fulfilment of a treaty, convention, arrangement or engagement,
declaring that that country is a Convention country:

Provided that a declaration may be made as aforesaid for the
purposes either of all or of some (but not all) of the provisions
of this Act, and a country in the case of which a declaration
made for the purposes of some (but not all) of the provisions of
this Act is in force shall be deemed to be a Convention country
for the purposes of those provisions only.

(2) His Majesty may, further, by Order in Council direct that any
of the Channel Islands, any colony, any British protectorate or
protected state, or any territory [administered by His Majesty's
Government in the United Kingdom in accordance with a mandate from
the League of Nations or under the trusteeship system of the United
Nations] shall be deemed to be a Convention country for the
purposes of all or any of the provisions of this Act; and an
Order made under this subsection may direct that any such provision
shall have effect, in relation to the territory in question, subject
to such conditions or limitations, if any, as may be specified in
the Order.

(3) For the purposes of subsection (1) of this section, every
colony, protectorate, territory subject to the authority or under the
suzerainty of another country, and territory [administered by another
country in accordance with a mandate from the League of Nations or
under the trusteeship system of the United Nations] shall be deemed
to be a country in the case of which a declaration may be made
under that subsection.]

Ss.91B91D rep. by 1949 c.87 s.106 sch.2; 1949 c.88 s.48 sch.2.
Ss.9298 rep. by SLR 1927; 1949 c.87 s.106 sch.2; 1949 c.88 s.48
sch.2

PATENTS AND DESIGNS ACT 1907 - SECT 99

99. This Act may be cited as the Patents and Designs Act, 1907
...

First and Second Schedules rep. by SLR 1927; 1949 c.87 s.106 sch.2;
1949 c.88 s.48 sch.2