Repealing pro- patent. person having obtained any letters patent as therein men- in such letters patent, shall be, and the same is hereby repealed. certain cases, with effect 2. And be it further enacted, that it shall be lawful for Term of patent the judical committee of the privy council, in all cases where right may be it shall appear to them that any application for an extension extended in of the term granted by any letters patent, the petition for though the which extension shall have been referred to them for their application for consideration, has not been prosecuted with effect before the such extension expiration of the said term from any other causes than the not prosecuted neglect or default of the petitioner, to entertain such appli- before the cation, and to report thereon as by the said recited act pro- expiration vided, notwithstanding the term originally granted in such thereof. letters patent may have expired before the hearing of such application; and it shall be lawful for Her Majesty, if she shall think fit, on the report of the said judicial committee recommending an extension of the term of such letters patent, to grant such extension, or to grant new letters patent for the invention or inventions specified in such original letters patent, for a term not exceeding seven years after the expiration of the term mentioned in the said original letters patent provided always, that no such extension or new letters patent shall be granted if a petition for the same shall not have been presented as by the said recited act directed, before the expiration of the term sought to be extended, nor in case of petitions presented after the thirtieth day of November one thousand eight hundred and thirty-nine, unless such petition shall be presented six calendar months at least before the expiration of such term, nor in any case unless sufficient reason shall be shown to the satisfaction of the said judicial committee for the omission to prosecute with effect the said application by petition before the expiration of the said term. 3. And be it further enacted, that this act may be altered, Act may be amended, or repealed, by any act to be passed in the present session. amended this session. 7 & 8 VICT. c. 69. An Act for amending an Act passed in the Fourth Year of en On petition Her Majesty may grant an 2. "And whereas it is expedient, for the further couragement of inventions in the useful arts, to enable the time of monopoly in patents to be extended in cases in extension of patent terms in certain - cases. Her Majesty may grant extension for a lesser term than that prayed. As to extension patentees have assigned their patent rights. which it can be satisfactorily shown that the expense of the invention hath been greater than the time now limited by law will suffice to reimburse;" be it enacted, that if any person having obtained a patent for any invention shall before the expiration thereof present a petition to Her Majesty in Council, setting forth that he has been unable to obtain a due remuneration for his expense and labour in perfecting such invention, and that an exclusive right of using and vending the same for the further period of seven years, in addition to the term in such patent mentioned, will not suffice for his reimbursement and remuneration, then, if the matter of such petition shall be by Her Majesty referred to the judicial committee of the privy council, the said committee shall proceed to consider the same after the manner and in the usual course of its proceedings touching patents, and if the said committee shall be of opinion, and shall so report to Her Majesty, that a further period greater than seven years extension of the said patent term ought to be granted to the petitioner, it shall be lawful for Her Majesty, if she shall so think fit, to grant an extension thereof for any time not exceeding fourteen years, in like manner and subject to the same rules as the extension for a term not exceeding seven years is now granted under the powers of the said act of the sixth year of the reign of His late Majesty. 3. Provided always, and be it enacted, that nothing herein contained shall prevent the said judicial committee from reporting that an extension for any period not exceeding seven years should be granted, to prevent Her Majesty from granting an extension for such lesser term than the petition shall have prayed. 4. And whereas doubts have arisen touching the power of term where given by the said recited act of the sixth year of the reign of His late Majesty in cases where the patentees have wholly or in part assigned their right; be it enacted, that it shall be lawful for Her Majesty, on the report of the judicial committee, to grant such extension as is authorized by the said act and by this act, either to an assignee or assignees, or to. the original patentee or patentees, or to an assignee or asDisclaimer and signees and original patentee or patentees conjointly. memorandum of alteration under 5 & 6 5. And be it enacted, that in case the original patentee or patentees hath or have departed with his or their whole or Will. 4, c. 83, any part of his or their interest by assignment to any other may be made, person or persons, it shall be lawful for such patentee, togenotwithstanding ther with such assignee or assignees if part only hath been original patentee assigned, and for the assignee or assignees if the whole hath may have been assigned, to enter a disclaimer or memorandum of alteration under the powers of the said recited act; and such assigned his patent right. disclaimer and memorandum of such alteration, having been so entered and filed as in the said recited act mentioned, shall be valid and effectual in favour of any person or persons in whom the rights under the said letters patent may then be or thereafter become legally vested; and no objection shall be made in any proceeding whatsoever, on the ground that the party making such disclaimer or memorandum of such alteration had not sufficient authority in that behalf. of alteration 6. And be it enacted, that any disclaimer or memorandum Disclaimer and of alteration before the passing of this act, or by virtue of memorandum the said recited act, by such patentee with such assignee, or already made to by such assignee as aforesaid, shall be valid and effectual to be deemed valid. bind any person or persons in whom the said letters patent might then be or have since become vested; and no objection shall be made in any proceeding whatsoever that the party making such disclaimer or memorandum of alteration had not authority in that behalf. under 5 & 6 valid. 7. And be it enacted, that any new letters patent which New letters before the passing of this act may have been granted, under patent granted the provisions of the above recited act of the sixth year of will. 4, to the reign of His late Majesty, to an assignee or assignees, assignees before shall be as valid and effectual as if the said letters patent passing of this had been made after the passing of this act, and the title of act declared any party to such new letters patent shall not be invalidated by reason of the same having been granted to an assignee or assignees provided always, that nothing herein contained Proviso. shall give any validity or effect to any letters patent heretofore granted to any assignee or assignees, where any action or proceeding in scire facias or suit in equity shall have been commenced at any time before the passing of this act, wherein the validity of such letters patent shall have been or may be questioned. Privy Council 8. Provided always, and be it enacted, that in the case of Judicial comany matter or thing being referred to the judicial committee, mittee may it shall be lawful for the said committee to appoint one or appoint clerk of other of the clerks of the Privy Council to take any formal to take proofs in proofs required to be taken in dealing with the matter or matters referred thing so referred, and shall, if they so think fit, proceed upon such clerk's report to them, as if such formal proofs had been taken by and before the said judicial committee. to them. Specifications enrolled under 5 & 6 Will. 4, c. 83, to be enrolled in the Enrolment Office only. 11 & 12 VICT. c. 94. An Act to regulate certain Offices in the Petty Bag in the 14. And be it enacted, that from and after the first day and disclaimers of January, 1849, every specification or instrument in writing for describing or ascertaining any invention, and to be enrolled in Chancery in pursuance of letters patent under the Great Seal, shall be enrolled in the Enrolment Office of the Court of Chancery, and every disclaimer and memorandum of alteration to be enrolled in pursuance of an act passed in the sixth year of the reign of His late Majesty King William the Fourth, intituled An Act to amend the Law touching Letters Patent for Inventions, shall also be enrolled in the said Enrolment Office, whether the specification of the invention to which such disclaimer or memorandum of alteration shall relate, shall or shall not have been enrolled in the said Enrolment Office; and the enrolment of every such disclaimer and memorandum of alteration in the said Enrolment Office shall be and be deemed to be the enrolment thereof in the proper office, in pursuance of the provisions of the said act. Certificates of enrolment in Office. 12 & 13 VICT. c. 109. An Act to amend an Act to regulate certain Offices in the 12. And be it enacted, that the clerk of the Petty Bag shall, upon request, and payment of the proper fees payable the Petty Bag in respect thereof, endorse or write upon every specification which at any time heretofore has been enrolled in the Petty Bag Office (provided the enrolment shall then be in his custody), and upon every deed, instrument in writing, and document which at any time heretofore has been or at any time hereafter shall be enrolled in the Petty Bag Office, a certificate stating that such specification, deed, instrument in writing, or document, has been or was enrolled in the said Petty Bag Office, and the day of such enrolment, and shall cause such certificate to be sealed or stamped with the said Chancery common law seal; and every such certificate purporting or appearing to be so sealed or stamped shall be admitted and received in evidence as well before either |