An honest and valid title may be stated, in a few words, to be, a description of the precise object of the invention in the most simple language.
The title being settled, the petition must be drawn in the following form The humble petition of A. B., of in the county of " Showeth, " That your petitioner hath invented (here insert the title which you intend the patent to bear), that he is the first and true inventor thereof, and that it has not been practised by any other person or persons whomsoever, to his knowledge and belief.
"Your petitioner therefore most humbly prays that your Majesty will be graciously pleased to grant unto him, his executors, administrators, and assigns, your royal letters patent under the great seal of Great Britain for the sole use, benefit, and advantage of his said invention with in England and Wales and the town of Berwick-upon-Tweed, and also in all your Majesty's colonies and plantations abroad, for the term of 14 years, pursuant to the statute in that case made and pro vided." The passage in Italics must be omitted if the inventor does not intend to obtain a patent for the colonies. This petition, with a declaration annexed, must be left at the office of her Majesty's secretary of state for the home department. The declaration is in lieu of the affidavit which was required until the passing of the Act 5 & 6 Wm. IV. c. 62.
A few days after the delivery of the petition, the answer may be received ; which contains a reference to the attorney or solicitor general to report if the inven tion is deserving of letters-patent. If such report be favourable, it must be taken and left at the Home-office for the queen's warrant, which is addressed to the attorney or solicitor general, and directs the bill to be prepared. The bilL is in effect the draft of the patent, and contains the grant with reference to the clauses and provisos in the letters patent. It is signed by the secretary of state for the home department, and by the attorney or solicitor general. If at this stage of the proceeding any person should wish to oppose the patent, a caveat may be entered in the manner already described, but the enterer is required to deposit 30l.
at the office of the attorney or solicitor general to cover the patentee's expenses if he should succeed in establishing his right to patent. The bill, when prepared, must be left at the office of the secretary of state for the home department for the queen's sign manual. It must then be passed at the signet-office, where letters of warrant to the lord keeper of the privy seal will be made out by one of the clerks of the signet ; and lastly, the clerk of the privy seal will make out other letters of warrant to the lord chancellor, in whose office the patent will be prepared, sealed with the great seal, and delivered to the patentee. Considering the number of offices through which a patent passes, it might be supposed that the inquiry into the validity of the claim is very rigid, and that, when once the patent is sealed, it is safe from opposition. But in reality the law officers through whose offices it is carried exercise no opinion upon the validity of the patentee's claim ; the whole responsibility rests upon himself, as will be seen by perusing the following abstract of the form of letters patent : The first part of the patent recites the petition and declaration, and sets forth the title which has been given to the in vention by the inventor.
The 2nd relates to the granting the sole use of the invention to the inventor for the space of fourteen years, whereby all all other persons are restrained from using the invention without a licence in writing first had and obtained from the patentee, and persons are restricted from counter (citing or imitating the invention, or making any addition thereunto or sub traction therefrom, with intent to make themselves appear the inventors thereof. This clause also directs all justices of the peace and otlief officers not to interfere with the inventor in the performance of his invention.
The 3rd part declares that the patent shall be void, if contrary to law or pre judicial and inconvenient to the public in general, or not the invention of the patentee, or not first introduced by him into this country.