Odger's English Common Law

PATENT RIGHTS. 599
to the High Court for an extension of the term of his patent.
But the Court will only grant such extension when it is
satisfied that the patentee has been inadequately remunerated
by his patent. 1
In order to obtain a patent the applicant must leave at the Patent Office
an application in the prescribed form. This application must be signed
by him, and must contain a declaration that he is possessed of an invention,
of which he is the true and first inventor and for which he desires to
obtain a patent. 2
It must be accompanied either by a provisional or
complete specification. "A provisional specification must describe the
nature of the invention ;
a complete specification must particularly describe
and ascertain the nature of the invention and the manner in which the
same is to be performed." 3 In short, in a complete specification the
applicant must state exactly what it is which he claims to have invented
and give all particulars which are necessary to enable others to manu-
facture it after the period of protection has expired. If the applicant
lodges a provisional specification with his application, he must deposit
a complete specification within six months, or within such extended
time—not exceeding a month— as the Comptroller of Patents may
permit. 4 The application and complete specification are then referred
to an examiner, whose duty it is to report to the Comptroller whether the
specification is satisfactory in form, and whether the invention claimed
has been claimed by any one else, &c. On the report of the examiner the
Comptroller may either accept or reject the application or require it to
be amended. He must accept it, if at all, within twelve months of
the application, otherwise the application lapses. The acceptance, as soon
as it is made, is advertised, and the application and specification become
open to public inspection. 5 Any person entitled to object to the grant of
the patent may notify his intention of doing so. This notification must
be communicated to the applicant, and the objection is heard by the
Comptroller, from whose decision there is an appeal to a law officer of the
Crown. If there is no objection, or if the objection fails, the patent is
granted, and the invention is provisionally protected until the patent is
sealed.' It is sealed with the seal of the Patent Office, and the grant of it
is recorded in the Register of Patents. 8 The patent is then forwarded to
the patentee, together with a printed copy of his specification and drawing?.
But if " the patented article or process is manufactured or carried on
exclusively or mainly outside the United Kingdom," application may
» See In re Frieze- Green's Patent, [1907] A. C. 460; In re Johnson's Patent,
£1909] 1 Ch. 114.
» S. 1.
3 S. 2.
* S. 5.
i Ss. 6, 7.
> S. 11.
1 S. 4.
* Ss. 12—14.