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Patents and Designs Act 1907

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U.K.

Patents and Designs Act 1907

1907 CHAPTER 29 7 Edw 7

An Act to consolidate the enactments relating to Patents for Inventions and the Registration of Designs and certain enactments relating to Trade Marks.

Modifications etc. (not altering text)

C1Act: by 1994 c. 26, s. 106(1), Sch. 4 para. 2(1)(4); S.I. 1994/2550, art. 2 it is provided (retrospectively) that the repeal of this Act, except certain provisions, shall be deemed not to have extended to the long title, date of enactment or enacting words or to so much of section 99 as provides the Act with its short title

Part IU.K. Patents

1—36.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1U.K.

MiscellaneousU.K.

37—46.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2U.K.

47 Patent Museum.U.K.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5U.K.

Textual Amendments

F5Ss. 48–61, 62(4), 65–:81, 83–87, 89, 90, 91(2)–(2C), 91B–91D, 92–:98, Schs. 1, 2 repealed by Patents Act 1949 (c. 87), Schs. 2, 3 and Registered Designs Act 1949 (c. 88), s. 48, Sch. 2

Part IIU.K.

49—61.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6U.K.

Textual Amendments

F6Ss. 48–61, 62(4), 65–:81, 83–87, 89, 90, 91(2)–(2C), 91B–91D, 92–:98, Schs. 1, 2 repealed by Patents Act 1949 (c. 87), Schs. 2, 3 and Registered Designs Act 1949 (c. 88), s. 48, Sch. 2

Part IIIU.K. General

Patent Office, and Proceedings thereatU.K.

62 Patent Office.U.K.

(1)The Treasury may continue to provide for the purposes of [F7the Patents Act 1977, the Registered Designs Act 1949 and the Trade Marks Act 1994], an office with all requisite buildings and conveniences, which shall be called, and is in this Act referred to as, the Patent Office.

(2)The Patent Office shall be under the immediate control of the comptroller, who shall act under the superintendence and direction of [F8the Secretary of State].

(3)Any act or thing directed to be done by or to the comptroller may be done by or to any officer authorised by [F9the Secretary of State].

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F7Words in s. 62(1) substituted (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 2(2)(a); S.I. 1994/2550 art. 2

F8Words in s. 62(2)(3) substituted (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 2(2)(b); S.I. 1999/2550 art. 2

F9Words in s. 62(2)(3) substituted (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 2(2)(b); S.I. 1999/2550 art. 2

F10Ss. 48–61, 62(4), 65–:81, 83–87, 89, 90, 91(2)–(2C), 91B–91D, 92–:98, Schs. 1, 2 repealed by Patents Act 1949 (c. 87), Schs. 2, 3 and Registered Designs Act 1949 (c. 88), s. 48, Sch. 2

Modifications etc. (not altering text)

C4S. 62(1): By virtue of S.I. 1981/1670, arts. 2(1)(a), 3(5) s. 63 (1) (2) has effect as if the reference to the Minister for the Civil Service were a reference to the Treasury

C6Functions of the Board of Trade now exercisable concurrently by Secretary of State: S.I. 1970/1537, art. 2(1)(a)

63 Officers and clerks. U.K.

(1)There shall continue to be a comptroller-general of patents, designs, and trade marks, and [F11the Secretary of State] may, subject to the approval of the [F12Minister for the Civil Service], appoint the comptroller, and so many examiners and other officers and clerks, with such designations and duties as [F11the Secretary of State] think fit, and may remove any of those officers and clerks.

(2)The salaries of those officers and clerks shall be appointed by [F11the Secretary of State], with the concurrence of the [F12Minister for the Civil Service]. . ..

Textual Amendments

F11Words in s. 63 substituted (31.10.1994) by 1994 c. 26, s. 106(1), Sch. 4 para. 2(3)(a); S.I. 1994/2550, art. 2

F12Words substituted by virtue of S.I. 1968/1656, arts. 2(1)(e), 3(2)

Modifications etc. (not altering text)

C7Functions of the Board of Trade now exercisable concurrently by Secretary of State: S.I. 1970/1537, art. 2(1)(a)

64 Seal of Patent Office.U.K.

Impressions of the seal of the Patent Office shall be judicially noticed and admitted in evidence.

65—76.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13U.K.

Textual Amendments

F13Ss. 48–61, 62(4), 65–:81, 83–87, 89, 90, 91(2)–(2C), 91B–91D, 92–:98, Schs. 1, 2 repealed by Patents Act 1949 (c. 87), Schs. 2, 3 and Registered Designs Act 1949 (c. 88), s. 48, Sch. 2

Evidence, &c.U.K.

77—81.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14U.K.

Textual Amendments

F14Ss. 48–61, 62(4), 65–:81, 83–87, 89, 90, 91(2)–(2C), 91B–91D, 92–:98, Schs. 1, 2 repealed by Patents Act 1949 (c. 87), Schs. 2, 3 and Registered Designs Act 1949 (c. 88), s. 48, Sch. 2

82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15U.K.

83—85.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16U.K.

Textual Amendments

F16Ss. 48–61, 62(4), 65–:81, 83–87, 89, 90, 91(2)–(2C), 91B–91D, 92–:98, Schs. 1, 2 repealed by Patents Act 1949 (c. 87), Schs. 2, 3 and Registered Designs Act 1949 (c. 88), s. 48, Sch. 2

Powers, &c., of Board of TradeU.K.

86, 87.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17U.K.

Textual Amendments

F17Ss. 48–61, 62(4), 65–:81, 83–87, 89, 90, 91(2)–(2C), 91B–91D, 92–:98, Schs. 1, 2 repealed by Patents Act 1949 (c. 87), Schs. 2, 3 and Registered Designs Act 1949 (c. 88), s. 48, Sch. 2

88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18U.K.

89, 90.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19U.K.

Textual Amendments

F19Ss. 48–61, 62(4), 65–:81, 83–87, 89, 90, 91(2)–(2C), 91B–91D, 92–:98, Schs. 1, 2 repealed by Patents Act 1949 (c. 87), Schs. 2, 3 and Registered Designs Act 1949 (c. 88), s. 48, Sch. 2

International and Colonial ArrangementsU.K.

91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20U.K.

91A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21U.K.

91B—91D.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22U.K.

Textual Amendments

F22Ss. 48–61, 62(4), 65–:81, 83–87, 89, 90, 91(2)–(2C), 91B–91D, 92–:98, Schs. 1, 2 repealed by Patents Act 1949 (c. 87), Schs. 2, 3 and Registered Designs Act 1949 (c. 88), s. 48, Sch. 2

92—96.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23U.K.

Textual Amendments

F23Ss. 48–61, 62(4), 65–:81, 83–87, 89, 90, 91(2)–(2C), 91B–91D, 92–:98, Schs. 1, 2 repealed by Patents Act 1949 (c. 87), Schs. 2, 3 and Registered Designs Act 1949 (c. 88), s. 48, Sch. 2

Repeal Savings and Short TitleU.K.

97, 98.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24U.K.

Textual Amendments

F24Ss. 48–61, 62(4), 65–:81, 83–87, 89, 90, 91(2)–(2C), 91B–91D, 92–:98, Schs. 1, 2 repealed by Patents Act 1949 (c. 87), Schs. 2, 3 and Registered Designs Act 1949 (c. 88), s. 48, Sch. 2

[F2599Short title and commencement.U.K.

This Act may be cited as the Patents and Designs Act 1907, and shall, save as otherwise expressly provided, come into operation on the first day of January, one thousand nine hundred and eight.]

Textual Amendments

F25S. 99 repealed by Patents Act 1949 (c. 87), Schs. 2, 3 and Registered Designs Act 1949 (c. 88), s. 48, Sch. 2; and by 1994 c. 26, s. 106(1), Sch. 4 para. 2(1)(4); S.I. 1994/2550, art. 2 it is provided that the repeal of this Act shall be deemed not to have extended to so much of section 99 as provides the Act with its short title

SCHEDULES

F26F26FIRST AND SECOND SCHEDULESU.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26Ss. 48–61, 62(4), 65–:81, 83–87, 89, 90, 91(2)–(2C), 91B–91D, 92–:98, Schs. 1, 2 repealed by Patents Act 1949 (c. 87), Schs. 2, 3 and Registered Designs Act 1949 (c. 88), s. 48, Sch. 2

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