Search Legislation

Patents and Designs Act 1907

Status:

This is the original version (as it was originally enacted).

Definitions

92Provisions as to "the court"

(1)In this Act, unless the context otherwise requires, " the court" means, subject to the provisions as to Scotland, Ireland, and the Isle of Man, the High Court in England.

(2)Where by virtue of this Act a decision of the comptroller is subject to an appeal to the court, or a petition may be referred or presented to the court, the appeal shall, subject to and in accordance with rules of the Supreme Court, be made and the petition referred or presented to such judge of the High Court as the Lord Chancellor may select for the purpose, and the decision of that judge shall be final, except in the case of an appeal from a decision of the comptroller revoking a patent on any ground on which the grant of such patent might have been opposed.

93Definitions

In this Act, unless the context otherwise requires,—

  • " Law officer " means the Attorney-General or Solicitor-General for England :

  • "Prescribed" means prescribed by general rules under this Act:

  • " British possession" does not include the Isle of Man or the Channel Islands:

  • " Patent " means letters patent for an invention :

  • " Patentee " means the person for the time being entitled to the benefit of a patent :

  • " Invention " means any manner of new manufacture the subject of letters patent and grant of privilege within section six of the Statute of Monopolies (that is, the Act of the twenty-first year of the reign of King James the First, chapter three, intituled " An Act " concerning monopolies and dispensations with penal " laws and the forfeiture thereof"), and includes an alleged invention :

  • "Inventor" and "applicant" shall, subject to the provisions of this Act, include the legal representative of a deceased inventor or applicant:

  • " Design " means any design (not being a design for a sculpture or other thing within the protection of the Sculpture Copyright Act, 1814) applicable to any article, whether the design is applicable for the pattern, or for the shape or configuration, or for the ornament thereof, or for any two or more of such purposes, and by whatever means it is applicable, whether by printing, painting, embroidering, weaving, sewing, modelling, casting, embossing, engraving, staining, or any other means whatever, manual, mechanical, or chemical, separate or combined:

  • " Article" means (as respects designs) any article of manufacture and any substance artificial or natural, or partly artificial and partly natural:

  • " Copyright" means the exclusive right to apply a design to any article in any class in which the design is registered :

  • " Proprietor of a new and original design,"—

    (a)

    Where the author of the design, for good consideration, executes the work for some other person, means the person for whom the design is so executed ; and

    (b)

    Where any person acquires the design or the right to apply the design to any article, either exclusively of any other person or otherwise, means, in the respect and to the extent in and to which the design or right has been so acquired, the person by whom the design or right is so acquired 5-and

    (c)

    In any other case, means the author of the design; and where the property in, or the right to apply, the design has devolved from the original proprietor upon any other person, includes that other person.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources