Since the foregoing was prepared for the press, an Act of Parliament for the amendment of the patent laws was introduced by Lord Brougham, and passed on the 10th September, 1835, of which the following is an abstract :— " 1. Any person who, as grantee, assignee, or otherwise, bath obtained letters patent for any invention, may enter with the clerk of the patents of England, Scotland, or Ireland, respectively, having first obtained the leave of the Attorney General, or Solicitor General in case of an English patent, of the Lord Advo vocate or Solicitor General of Scotland in the case of a Scotch patent, or of the Attorney General or Solicitor General for Ireland in the case of an Irish patent, a disclaimer of any part of either the title of the invention, or of the specifica tion, stating the reason for such disclaimer; or may, with such leave as afore said, enter a memorandum of any alteration in the said title or specification, not being such &claimer or such alteration as shall extend the exclusive right granted by the said letters patent ; and such disclaimer or memorandum of alteration shall be deemed to be part of such letters patent, or such specification, in all courts whatever: Provided that any person may enter a caveat against such disclaimer or alteration ; which caveat shall give the party a right to have notice of the application being heard : Provided also that the Attorney General or Solicitor General, or Lord Advocate, may, before granting such fiat, require the party applying to advertise his disclaimer or alteration, and shall, if he require such advertisement, certify in his fiat that the same has been duly made.
" 2. If, in any suit, it shall be proved, or specially found by the verdict of a July, that any person who shall have obtained letters patent for any invention, was not the first inventor thereof, or of some part thereof, by reason of some other person or persons having invented or used the same, or some part thereof, before the date of such letters patent; or if such patentee or his assigns shall dis cover that some other person had, unknown to such patentee, invented or used the same, or some part thereo4 before the date of such letters patent; or if such patentee or his assigns shall discover that some other person had, unknown to such patentee, invented or used the same, or some part thereof, before the date of such letters patent, it may be lawful for such patentee, or his assigns, to petition His Majesty, in couna, to confirm the said letters patent, or to grant new letters patent; which petition shall be heard before the judicial committee of the privy council; and such committee, upon being satisfied that such patentee believed himself to be the first and original inventor, and that such invention, or part thereof, had not been publicly and generally used before the date of such first letters patent, may report their opinion that the prayer of such petition ought to be complied with ; whereupon His Majesty may, if he think fit, rant such prayer: and the said letters patent shall be available in law and equity to give to such petitioner the sole right of using, making, and vending such in vention as against all persons whatsoever, any law, usage, or custom to the contrary thereof notwithstanding.
" 3. If any action at law, or any suit in equity for an account, shall be brought inspect of any alleged infringement of letters patent, or any scire facial to resuch letters patent, and ifjudgment shall pass for the patentee or his assigns upon the merits of the suit, the judge may certify that the validity of the patent came in question before him, which certificate being given in evidence in any other suit or action whatever touching such patent, if judgment shall pass in favour of such patentee or his assigns, lie or they shall receive treble costs, to be taxed at three times the taxed costa, unless the judge shall certify that he ought not to have such treble costs.
se 4. If any patentee shall advertise in the London Clar.ette three times, and in three London papers, and three times in some country paper, published in the town where, or near to which, he carried on the manufacture of any thing made, according to his specification ; or near to, or in which he resides, in ease he carried on no such manufucture ; or published in the county where he carries on such manufacture, or where be lives, in case there shall not be any paper published in such town, that he intends to apply for a prolongation of his term of sole using and vending his invention, and shall petition His Majesty in council to that effect; any person may enter a caveat ; and if His Majesty shall refer the consideration of such petition to the judicial committee of the privy council, and notice shall first be by him given to any person or persons who shall have entered such caveats, the petitioner shall be heard by his counsel, and witnesses, to prove his case, and the persons entering caveats shall likewise be heard by the counsel and witnesses; whereupon, and upon hearing and inquir ing of the whole matter, the judicial committee may report that a further exten sion of the term in the said letters patent should be granted, not exceeding seven years; and His Majesty is, if he shall think fit, to grant new letters patent for the said invention for a term not exceeding seven years after the expiration of the first term : Provided the application by petition shall be made and prosecuted with effect before the expiration of the term originally granted in such letters patent." 5 and 6 introduce some alterations in the forms of process in actions for infringement " 7. That if any person shall write, stamp, &c. upon any thing the name, or any imitation of the name of any other person who bath obtained letters patent for such thing, without leave in writing; or if he shall write, stamp, &c. on such thing without leave, as aforesaid, the words ' patent," letters patent,' or by the kings patent,' or any words of the like kind, meaning, or import, he shall, for every such offence, be liable to a penalty of 501." It is necessary we should not omit to inform the reader that very recently an Act was introduced by the Duke of Richmond, and received the sanction of the legislature, for the abolition of voluntary and extra-judicial oaths and affidavits; by the provisions of which it is now indispensable that an inventor who applies for a patent should first make a in lieu of the affidavit, of which we have given the form on page 266 ; and this declaration must be couched in the terms expressed in the Act, which we have not space to insert.