Wauwatosa news. [volume] (Wauwatosa, Wis.) 1900-1948, 1903-04-04
BRITISH PATENT LAW.
Two Very Important Amendments Made
Comparisons with Our
Statutes.

Two very important amendments have
been made in the patent law of Great
Britain, one of which provides for the
examination OF patent applications to AS
certain whether tae inventions for which
protection is desired are novel. and the
other relates to the manufacture of pat
ented articles in Great Britain, aud the
grant Of compulsory licenses.
As many of our readers are aware pat
ents have been granted in Great Britain
under Tie old patent law, without any in
curry to learn whether the inventions
We're patenta5ly new, according 10 the
law and practice of that country. With
out any examination and no aid from the
patent Office, 1t was almost impossible to
50 Draw the claims that while covering
pail TO which the inventor was entitled
they would not include more Few in
yentors understand the difficulty in SO
preparing British patent application pa
pers and drawing the claims that the pat
ent VIII be valiG without the necessity
of mourning considerable expense for
amendment after il is granted: for the
British law looks at the patent deed n
an entire instrument, and, should the pat
entee claim anything to which be is not
entitled. the patent Is invalid until
amended even as to such portions rs
the grant with that which the court holds
not to be pateutably new. II viii there
fore be seen that II Is necessary to have
every claim in a British patent valid in
order that the granted rights may be en-
forced. American inventors seldom file
their British patent applications until
their United States applications for pat
ents on the same inventions have been
acted on by the examiners in our patent
office; and, n the official examination IN
this country GOV rs not only United
States, but british and other foreign pat
ents, the failure on the patent office in
Great Britain to make an examination as
10 novelty was not nearly 50 burdenSOme
to our citizens as il was to British sub
jects and citizens of other countries. New
erthelcss, ouch trounle was occasioncd
by rea son of different rules of cOn2truc-
ton, under which cldims prepared 10
avoid references in the United States
would very often lac held to be anticipat-
ed by the same reference in Great Brit
ain.
The amendment which provides for
an examination TO cover all British pat
ents issued within fifty years Of the fling
Of an application under the new law viii
do much 10 inform inventors and other
interested persons Of the state Of tn" art
to which the invention relates, but it is
not understood why the examination
should be limited TO British patents, MS
other publications might be cited by in
frlngers to inyalidatc the patent grant.
The fact that the examination will not
extend to patents granted more than fifty
years before the filing Of the application
is not so Important. as it is provided that
such patents in themselves shall not be
deemed to anticipate applications filed
under the new law.
Power Is not granted to the examiner
or c0mptrOler to reject patent appica
~.
cant will not amend the papers 10 avoid
the cited British patents, the comptroller
is authorized 20 make reference to tie
cited patents in The applicants specifca-
ton when it is printed. The question Of
novelty will therefore in all eases be de-
cided by the courts of Great Britain M
der the new law. rs has been the practice
in the past While the amendment has
received the Kings assent, it still re-
mains for the board Of trade to direct
when the new provisions will come int
operation. as the staff Of the British
patent office will have to be increased.
and other changes viii have to be made
before the additional work which the cN-
aminations will involve can properly be
cared for.
Under the second amendment which
applies 10 patents granted before. IS well
as after. the new law went into force.
any interested person, who alleges that
the reasonable requirements Of the pub
lie with reference to the patented nven-
ton have not been satisfied may petition
the board Of trade for the grant Of
compulsory license. or. in the alternative
for the revocation Of the patent Unless
the parties come TO some arrangement
between themselves. the board Of trade.
If satisfied that prima facie ease has
been made ont, will refer the petition to
the judicial committee Of the privy cOun-
Gil. Should it be- proved to the satisfac-
ton Of the judicial committee that the
reasonable requirements Of the public
with reference to the patented invention
have not been satisfied, the patentee may
be directed by an order in council 10
grant licenses on such terms as the said
committee may direct or If the judicial