deem just, and any such order may be enforced by mandamus. the of letterspatent. Letters-patent and the privileges thereby granted are Assignment freely assignable from one person to another, and assignee by such assignment is placed in the same position as his assignor previously stood. The assignee may consequently bring in his own name the same actions. and suits both at law and in equity against those who have infringed upon the patent as the patentee himself might have done (b). The privileges granted by letterspatent are, therefore, an instance of an incorporeal kind of personal property, different in its nature from those choses in action, which formerly were not assignable at law (c). A deed is said to be necessary for As to the necessity of the valid legal assignment of letters-patent; but the a deed. author was not aware of any authority for this position; and the general rule appears to be, that the assignment of incorporeal personal property may be made without deed. Perhaps, however, the necessity of an assignment by deed may be implied from the clause in the letters-patent, which forbids the use of the invention "without the consent, licence or agreement of the said patentee in writing under his hand and seal." But in any case a valid equitable assignment of a patent may be made without deed; and such an assignment now entities the assignee to be registered as proprietor of the patent (d). A patentee may now assign his patent for any place in or part of the United Kingdom or Isle of Man, as effectually as if the patent were originally granted to extend to that place or part only (e). All assignments of letters-patent are now required to be registered by the Patents Act of 1883 (ƒ). (b) Godson on Patents, 237 ; Walton v. Lavater, 8 C. B. N. S. 162. (e) Ante, pp. 29, 40, 41. 1 Ch. 104. (e) Stat. 46 & 47 Vict. c. 57, s. 36. (f) Stat. 46 & 47 Vict. c. 57; see s. 114, sub-s. 1. Registration Register of patents. Registered proprietor of patent. By this Act, there shall be kept at the Patent Office a book called the Register of Patents, wherein shall be entered the names and addresses of grantees of patents, notifications of assignments and of transmissions of patents, of licences under patents, and of amendments, extensions, and revocations of patents, and such other matters affecting the validity or proprietorship of patents as may from time to time be prescribed (g); the register of patents shall be prima facie evidence of any matters by this Act directed or authorized to be inserted therein (); and copies of deeds, licences, and any other documents affecting the proprietorship in any letters-patent or in any licence thereunder, must be supplied to the comptroller in the prescribed manner for filing in the Patent Office (i). Where a person becomes entitled by assignment, transmission or other operation of law to a patent, the comptroller shall on request, and on proof of title to his satisfaction, cause the name of such person to be entered as proprietor of the patent in the register of patents; and the person for the time being entered in the register of patents, as proprietor of a patent, shall, subject to the provisions of the Act and to any rights appearing from such register to be vested in any other person, have power absolutely to assign, grant licences as to, or otherwise deal with the same, and to give effectual receipts for any consideration for such assignment, licence or dealing. But any equities in respect of such patent may be enforced in like manner as in respect of any other personal property (k). The register of patents is required to be open to the inspection of the public; and certified copies of any entry in such register may be obtained (l). of assignments was also required (g) Sect. 23, sub-s. 1. See (i) Sect. 23, sub-s. 3. Patents Rules, 1883, Nos. 64-76. (k) Sect. 87, amended by 51 & 52 Vict. c. 50, s. 21. (7) Stat. 46 & 47 Vict. c. 57, any ments in or munitions of war. Special provision is made in the same Act (m) with Improveregard to the assignment to the Secretary of State for instruments War, on behalf of the Crown, of the benefit of improvement in instruments or munitions of war and of any patent for the same; and for keeping secret the particulars of any such invention, if the Secretary should certify that secrecy is desirable in the interest of the public service. inventions. By section 103 of the same Act, if any arrangement International shall be made with the government of any foreign state protection of for mutual protection of inventions, then any person, who has applied for protection for any invention in any such state, shall be entitled to a patent for his invention, under and subject to the conditions of the Act, in priority to other applicants. The Crown may, by order Colonies and in council, apply the provisions of this section to any British possession (n) of which the legislature has made satisfactory provision for the protection of inventions patented in this country (o). India. of patent. The remedy of a patentee for an infringement of his Infringement patent is to bring an action against the wrong-doer, claiming an injunction to restrain him from further infringement, and damages (p). Such actions are generally (but not necessarily) commenced in the Chancery Division (q). If the patentee establish his claim, he may elect whether he will have a decree for an inquiry as to the damage which he has sustained and payment Damages. of the amount so assessed, or a decree for an account Account of profits. s. 88, amended by 51 & 52 Vict. c. 50, s. 22. See Patents Rules, 1883, Nos. 4, 75, 76, and First Schedule. (m) Stat. 46 & 47 Vict. c. 57, S. 44. (n) See sect. 117. (0) Sect. 104. For international and colonial arrangements made under ss. 103, 104 of the Act of 1883, see Edmunds on Patents, (p) See Rules of the Supreme (2) See ante, pp. 138, 139. Remedy in case of groundless threats of legal proceedings. Revocation of patent. and payment of the profits made out of the infringement of his patent (r). On the other hand, not only may the fact of infringement be denied, as a defence to such an action, but the validity of the patent may be impugned as well (8). Actions for the infringement of a patent are now subject to the special regulations contained in the Patents Act of 1883 (t). By the same Act, where any person claiming to be the patentee of an invention, by circulars, advertisements or otherwise, threatens any other person with any legal proceedings or liability in respect of any alleged manufacture, use, sale or purchase of the invention, any person or persons aggrieved thereby may bring an action. against him, and may obtain an injunction against the continuance of such threats, and may recover such damage (if any) as may have been sustained thereby, if the alleged manufacture, use, sale, or purchase, to which the threats related, was not in fact an infringement of any legal rights of the person making such threats: but these provisions shall not apply if the person making such threats with due diligence commences and prosecutes an action for infringement of his patent (u). Revocation of a patent may now be obtained under the Patents Act of 1883 (x), on petition presented to the High Court of Justice (y) by (1) the AttorneyGeneral in England or Ireland, or the Lord Advocate in Scotland; (2) any person authorized by the AttorneyGeneral in England or Ireland, or the Lord Advocate in Scotland; (3) any person alleging that the patent was obtained in fraud of his rights, or of the rights of (r) Neilson v. Betts, L. R. 5 H. L. 1, 22; De Vitre v. Betts, L. R. 6 H. L. 319. (s) See Edmunds on Patents, 289, 290, 292. (t) Stat. 46 & 47 Vict. c. 57, ss. 28-31, 43, 107-112, 117. (u) Stat. 46 & 47 Vict. c. 57, s. 32; Skinner & Co. v. Shew & Co., 1893, 1 Ch. 413. (x) Stat. 46 & 47 Vict. c. 57, s. 26; Re Avery's Patent, 36 Ch. D. 307. (y) See sect. 117. any person under or through whom he claims; (4) any person alleging that he, or any person under or through whom he claims, was the true inventor of any invention included in the claim of the patentee; or (5) any person alleging that he, or any person under or through whom he claims an interest in any trade, business, or manufacture, had publicly manufactured, used, or sold, within this realm, before the date of the patent, anything claimed by the patentee as his invention. Closely connected with the subject of patents is that Copyright. of copyright. Copyright may be defined to be the exclusive right of multiplying copies of an original work or composition (2). From the nature of this right it must almost necessarily have had its origin at a period subsequent to the invention of the art of printing. And it appears that, prior to the Statute of Anne (a), by which the term of an author's copyright was first limited by the legislature, the copyright in a published book was practically secured to the author or his assigns in perpetuity; not by the express terms of any statute or judicial decision, but chiefly in consequence of the restrictions placed upon unlicensed printing and of privileges and customs of the Stationers' Company (b). Since that statute, however, it has been held that, at common law, apart from statute, an author has not any exclusive right of producing copies of his published works (c), although he enjoys the sole right of producing his unpublished compositions (d). The statute of Anne, together with others by which the copyright of authors was further secured (e), was repealed in the year 1842 (:) 14 M. & W. 316; Warne V. Scebohm, 39 Ch. D. 73. (a) 8 Anne, c. 19. (b) See Millar v. Taylor, 4 Burr. 2303, 2306-2308; Scrutton on Copyright, ch. 1. (e) Donaldson V. Beckett, 4 Burr. 2408; 2 Bro. P. C. 129; Jefferys v. Boosey, 4 H. L. C. (d) Macklin V. Richardson, (e) Stats. 41 Geo. III. c. 107; 54 Geo. III. c. 156. |