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.
A patent right is assignable; and the assignment of it must be in writing, under hand and seal. It is of course personal property, and as such passes by will. The patentee may, without alienation of his entire interest, grant deeds of licence to other persons to manufacture the article.
In favour of patentees who have not reaped the full benefit of their inventions, the legislature has frequently interfered, by passing private Acts of Parliament to secure them the continuance of their privileges for a further term of years, in addition to that first limited by the letters-patent. But a less costly mode of relief is now provided ; and where the invention is meritorious, and the parties interested have done all in their power to bring it out and to turn it to advantage, but owing to circumstances beyond their control they have been unable to obtain an adequate remuneration, they may now apply by petition to Her Majesty in council for a prolongation of the existing term ; and if, upon consideration of the whole matter, and after hearing any party who may choose to enter a " caveat," the judicial committee of the privy council shall report in favour of the application, Her Majesty is empowered to grant to such patentee (or to his assigns, or to both conjointly, as the case may be) new letters-patent, for any term not exceeding fourteen years after the expiration of the first.
If a patent right be infringed the inventor has his remedy, by action, to recover damages for the injury sustained ; and may in such action, by application to the superior court in which it is brought, obtain an order for restraining the wrong-doer from the further use of the inven tion, and compelling him to account for the profits which he may have already derived from a sale of the article ; an order which may also be iu some cases obtained without resorting to an action, by application to the Court of Chancery. Penalties, moreover, are imposed upon persons who without licence use the name, stamp, or mark of a patentee. An action or suit fur infringement of patent may be successfully resisted, either on the ground that no infringement has in fact taken place, or that the patent is void ; and such invalidity may be established either by showing that the article was not a fit subject for a patent, or that the patentee was not the first inventor, or that the specification was insufficient. Nor is this the only method of defeating claims founded
on an illegal grant of patent right ; for whether there be any complaint of infringement or not, it is competent to the Queen (or to any subject of the realm in the Queen's name, by leave of the attorney-general) to institute a proceeding called scire fades, for the formal impeachment of the patent; upon which, if the patent be found open to any of the objections above enumerated, or to any other sufficient legal exception, it will be cancelled.
For the protection of patentees, _several other provisions, of great importance have been enacted. First, in the case where, after a patent has been granted to a person believing himself to be the first inventor, it is discovered that some other person had in fact preceded him in the use of the invention, though the article was, at the time of the grant, not generally known to the public, the patentee or his assigns may petition Her Majesty in council for a new grant, or a confirmation of the existing one; and if the judicial committee of the privy council, upon investigation of the case, report in his favour, such petition may be granted. Again, if any error be discovered in the title or specifica tion, the patentee or his assigns may rectify it for the future by filing in the proper office in chancery a disclaimer of any part of the title or specification, or a memorandum of any alteration therein that does not operate as an extension of the patent right.
The statutes relating to patents are the Statute of Monopolies above mentioned ; and of more recent date, the 5 & 6 Will. IV., c. 83 ; 2 & 3 Vict., c. 67; 7 & 8 Vict., c. 69; 15 & 16 Vict., c. 83 (which introduced very great and very beneficial alterations in the proceedings relating to patents, and is styled " The Patent Law Amendment Act, 1852") ; the 16 & 17 Vict, cc. 5 and 115; and lastly, the 22 Vict. c. 13, which provides for keeping secret in certain caws the particulars of inventions of instruments and munitions of war.
The fees payable upon the grant of a patent for the full term of fourteen years are about 175/.
See, upon the law of patents, Stephen's Commentaries,' vol. ii. p. 25 et seq., where the statutory and case law is completely and succinctly collected.
See, upon the subject generally, and also upon "the Patent Office Museum and Library, a very valuable article in the ' Companion to the British Almanac, for 1860.