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S.I. No. 78/1927 - Industrial Property Rules, 1927.

No. 78/1927:

INDUSTRIAL PROPERTY RULES, 1927.

INDUSTRIAL PROPERTY RULES, 1927.

INDEX TO ARRANGEMENT.


Rule. SUBJECT.

GENERAL.

1. Short title.

2. Interpretation.

3. Commencement.

4. Fees.

5. Method of payment of fees.

6. Applications to be in writing.

7. Order of recording applications.

8. Leaving and serving documents.

9. Address for service.

10. Signature of documents.

11. Agency.

12. Power to dispense with evidence, signature, etc.

13. General power of amendment.

14. Form of statutory declarations and affidavits.

15. Persons before whom to be made.

16. Notice of seal of officer taking declaration to prove itself.

17. Days and hours of business at Office.

18. Excluded days.

19. General power to enlarge time.

20. Issue of the Journal and publications to be made therein.

21. Other publications.

22. Publications to be on sale at Office.

PATENTS.

APPLICATION FOR PATENT.

23. Form of application.

24. Documents to accompany application.

25. Documents to accompany complete specification following provisional specification.

26. When application for a British patent pending at time of application in Saorstát Eireann.

27. If application for British patent refused.

28. Documents to be lodged when priority claimed under international arrangements.

29. Form of specification.

30. Drawings.

Rule. SUBJECT.

31. Chemical inventions—typical samples and specimens.

32. Places at which search under Section 19 (3) may be made.

33. When priority claimed in respect of an application in Saorstát Eireann before commencement of Act.

34. Application for revocation of patent under Section 12 (3).

Proceedings on Examination of Application.

35. One invention.

36. Application for separate patents by way of amendment.

37. Power of Controller to post-date application.

38. Provisional report by Examiner in case of complete anticipation.

39. Time for leaving amended specification.

40. Hearing by Controller under Section 20 or Section 21.

41. Reference to prior specification under Section 20 or Section 21.

42. Advertisement of amendment.

43. Disclosure of result of search.

44. Notice of acceptance of specification.

45. Inspection of specification.

46. Notice of opposition to grant of patent.

Grant of Patent.

47. Extension of time for sealing patent.

48. Form of patent.

49. Form of patent to legal representatives and others.

50. Entry of patent in register.

51. Entry of British patent in register.

Renewal Fees.

52. Payment of renewal fees.

53. Certificate of payment.

54. Notice as to renewal fees.

Restoration of Lapsed Patents.

55. Application for restoration.

56. Opposition to restoration.

57. Hearing.

58. Order for restoration.

59. Compensation.

60. Notification of British patent becoming void.

Rule. SUBJECT.

Amendment of Specification under Section 37.

61. Application to amend.

62. Notice of opposition.

63. Requirements on amendment.

64. Advertisement of amendment.

Licences, Revocations and Surrenders of Patents.

65. Request for indorsement " licences of right."

66. Opposition.

67. Application to settle terms of licence.

68. Application for cancellation of indorsement.

69. Opposition.

70. Application for revocation of patent under Section 42.

71. Surrender of patent.

72. Application for compulsory licence or revocation of a patent under Section 43.

73. Delivery of counter-statement.

74. Application by licensee to surrender existing licence in exchange for one settled by Controller.

75. Patents for food or medicine—licences.

Secret Patents.

76. Assignment to Minister for Defence and proceedings thereafter.

77. Certificate of secrecy after application.

78. Reassignment to patentee.

DESIGNS.

79. Classification of goods.

80. " Set " of articles.

81. Words, letters or numerals in designs.

82. Representations of persons.

83. Form of application for registration.

84. Documents to accompany application.

85. Documents to be lodged when priority claimed under international arrangements.

86. Objections by Controller.

87. Decision on hearing.

88. Non-completion of application within twelve months.

89. Entry in register on acceptance of design.

90. Extension of period of copyright.

91. Certificate of extension.

Rule. SUBJECT.

92. Application for cancellation of registration.

93. Marking of articles.

94. Inspection of registered designs.

Trade Marks.

95. Classification of goods.

96. Words not registrable.

97. Arms, flags, emblems.

98. Representations of persons.

99. Name or description of goods.

100. Form of application for registration.

101. Documents to accompany application.

102. Documents to be lodged when priority claimed under international arrangements.

103. Application by Minister.

104. Refusal or conditional acceptance of application by Controller.

105. Decision on hearing.

106. Mark used solely as certificate of quality.

107. Advertisement of application.

108. Blocks.

109. Notice of opposition.

110. Application under Section 88 (3) for removal of British trade mark from register.

111. Non-completion of application within twelve months.

112. Entry in register.

113. Renewal of registration.

114. Notice of expiration of registration.

115. Advertisement of expiration.

116. Renewal after expiration.

117. Removal of mark from register and reinstatement.

118. Certificate and advertisement of renewal.

119. Application for apportionment of trade marks.

120. Application to alter trade mark.

121. Application to Controller for removal of trade mark from register.

Copyright in Artistic Works Defining Designs.

122. Designs multiplied by an industrial process.

123. Form of application to register an artistic work.

124. Representations to accompany application.

125. Objections by Controller.

Rule. SUBJECT.

126. Decision on hearing.

127. Entry in register.

Registers and Certificates.

128. Entries in registers.

129. Entry of patent claiming priority under Section 152.

130. Death of applicant before entry.

131. Certificate of registration.

132. Entry of payment of renewal fee.

133. Entry of apportionment of trade marks.

134. Removal of trade mark from register.

135. Application to enter assignment, etc.

136. Production of document of title.

137. When no document of title available.

138. Entry of title in register.

139. Application to enter assignment, etc., of copyright in an artistic work.

140. Cancellation of entry of mortgage, licence or other interest.

141. Alteration of address.

142. Application under Sections 128 or 179 (8) by patentee or owner of registered design, trade mark or artistic work for amendment of register.

143. Evidence.

144. Advertisement of disclaimer or memorandum relating to a design or trade mark.

145. Application under Section 129 (6) by other person for amendment of register.

146. Searches of registered trade marks.

147. Inspection of registers.

148. Certificates by Controller.

149. Certificate for use in obtaining registration of trade mark abroad.

Publication Before Learned Society or at Exhibition.

150. Notice of intention to publish or exhibit.

Exercise of Discretionary Powers by Controller.

151. Notice of hearing.

152. Time for reply of person affected.

153. Statement by person affected.

154. Decision.

Rule. SUBJECT.

Proceedings Before the Controller.

155. Definition of " petitioner " and " respondent " in proceedings.

156. Service of statement of case on respondent.

157. Counter-statement by respondent.

158. Petitioner's evidence.

159. Respondent's evidence in reply and further evidence.

160. Closing of evidence.

161. Intervention by third parties.

162. Translations of documents.

163. Exhibits.

164. Hearing.

165. Extension of time.

166. Costs in uncontested cases.

Appeals to Minister.

167. Statement of grounds of Controller's decision.

168. Statement of grounds of appeal.

169. Time for appeal.

170. Directions of Minister.

171. Notice of hearing.

Applications and Appeals to Court.

172. Notice of application to Court.

173. Time for appeal to Court.

174. Notice of Order of Court.

175. Publication of Order of Court.

Appeals Withdrawn.

176. Notice of withdrawal of appeal.

FIRST SCHEDULE.

1. Form of application for patent accompanied by provisional specification.

2. Form of application for patent accompanied by complete specification.

3. Form of application for result of search under Section 19, 20 or 21.

4. Form of certificate of registration of a trade mark.

SECOND SCHEDULE.

Form of patent.

THIRD SCHEDULE.

Classification of goods for registration of designs.

FOURTH SCHEDULE.

Classification of goods for registration of trade marks.

FIFTH SCHEDULE.

HERALDIC CONVENTION. Representation of colours.

SIXTH SCHEDULE.

List of fees payable in respect of the grant of patents, the registration of designs, trade marks and artistic works and of other matters with relation thereto.


THE INDUSTRIAL PROPERTY RULES, 1927.

Under and by virtue of the provisions of The Industrial and Commercial Property (Protection) Act, 1927 , hereinafter referred to as the "Act", the Minister for Industry and Commerce hereby makes the following Rules:—

Short Title.

1. These Rules may be cited as the Industrial Property Rules, 1927.

Interpretation.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Rules, in like manner as it applies to the interpretation of an Act of the Oireachtas passed after the first day of January, 1924.

Commencement.

3. These Rules shall come into operation on 1st October, 1927.

Fees.

4. The fees to be paid under the Act shall be those specified in the Sixth Schedule to these Rules.

Payment of Fees.

5. Payment of a fee or fees by any person shall be made, except as hereinafter provided, by lodgment of the sum to the credit of the Paymaster-General's Supply Account at the Bank of Ireland, College Green, Dublin, or at any branch of the Bank of Ireland within Ireland, and shall be accompanied by a Receivable Order in the form to be obtained at the Office, the lower part of which when receipted by the Bank shall be presented at the Office with the application.

Payment of a fee or fees by a person who, at the date of such payment, is outside Ireland shall be made by a Post Office Money Order payable to the Paymaster-General at the General Post Office, Dublin, and crossed "& Co." or by Banker's Draft or guaranteed cheque payable to the credit of the Account of the Paymaster-General and sent by post to the Office.

A fee for the inspection of a register or document at the Office or for liberty to make a search amongst any classified representations of trade marks at the Office or for a publication may be paid in cash at the Office.

Applications to be in Writing.

6. Every application under the Act or these Rules must be in writing and left at or sent to the Industrial and Commercial Property Registration Office, 45 Merrion Square, Dublin.

Order of Recording Applications.

7. Applications sent through the post shall, as far as may be practicable, be opened and recorded in the order in which the letters containing the same are delivered in the ordinary course of post.

Applications left at the Office otherwise than through the post shall be in like manner recorded in the order of their receipt at the Office.

Leaving and Serving Documents.

8. Any application, notice, or other document authorised or required to be left, made, or given at the Office, or to the Controller, or to any other person under the Act or these Rules, may be sent by a prepaid or official paid letter through the post, and if so sent shall be deemed to have been left, made or given at the time when the letter containing the same would be delivered in the ordinary course of post. In proving such sending it shall be sufficient to prove that the letter was properly addressed and put into the post.

A letter addressed to a patentee or a person registered as the proprietor of a trade mark or design or as entitled to the copyright in an artistic work at his address as it appears on the register or at his address for service, or to any applicant or opponent in any proceedings under the Act or these Rules at the address appearing on the application or notice of opposition, or given for service as hereinafter provided, shall be deemed to be sufficiently addressed.

Address for Service.

9. Every applicant or opponent in any proceedings under the Act or these Rules and every patentee or person registered as the proprietor of a trade mark or design or as entitled to the copyright in an artistic work shall give an address for service in Saorstát Eireann and such address may be treated for all purposes under the Act and these Rules as the actual address of such person.

Signature of Documents.

10. An application or communication by or on behalf of a firm or partnership must include the full names and nationalities of all the partners, but may be signed in the name or for and on behalf of the firm or partnership by any one or more members thereof.

An application or communication by a body corporate may be signed by a director or by the secretary or other principal officer of such body corporate. An application or communication by a Minister may be signed on his behalf by any authorised officer of his Department.

Agency.

11. With the exception of the signing of the following documents, namely, applications for patents, for the revocation of patents, for the grant of a licence under a patent, for the indorsement of a patent "licences of right," for the refusal of a request for the indorsement of a patent "licences of right," for the cancellation of such indorsement, for the restoration of lapsed patents, requests for leave to amend applications or specifications, authorisations of agents, notices of oppositions in proceedings relating to patents, requests for issue of duplicate letters patent, and surrenders of letters patent, all applications and communications to the Controller under the Act and these Rules may be signed by and all attendances upon the Controller may be made by or through an agent duly authorised to the satisfaction of the Controller, and resident or having a place of business in Saorstát Eireann, and any documents served upon or addressed to such agent shall be deemed to be served upon or addressed to the person so appointing him. In any particular case, the Controller may, if he think fit, require the personal signature or presence of an applicant, opponent or other person.

The Controller shall not be bound to recognise as such agent, or to receive further communications in respect of any business under the Act from any person whose name has been erased from the register of patent agents kept under the provisions of the Act and not since restored, or any company or firm of which any such person continues to be a director, manager or partner or any solicitor whose name has been struck off the Roll of Solicitors and has not since been restored or any person criminally convicted.

Power to Dispense with Evidence, Signature, Etc.

12. Where, under these Rules, any person is required to do any act or thing or to sign any document or to make any declaration on behalf of himself or of any body corporate or any document or evidence is required to be produced to or left with the Controller or at the Office, and it is shown to the satisfaction of the Controller that from any reasonable cause such person is unable to do such act or thing or to sign such document or to make such declaration or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Controller upon the production of such other evidence and subject to such terms as he may think fit, to dispense with any such act or thing, document, declaration or evidence.

General Power of Amendment.

13. Any document, drawing or other representation for the amending of which no special provision is made by the Act may be amended, and any irregularity in procedure which in the opinion of the Controller may be obviated without detriment to the interests of any person may be corrected, if and on such terms and in such manner as the Controller may think fit.

Form of Statutory Declaration and Affidavit.

14. A statutory declaration or affidavit required by these Rules or used in any proceedings thereunder shall be headed in the matter to which it relates and shall be drawn up in the first person, and shall be divided into paragraphs consecutively numbered, and each paragraph shall so far as possible be confined to one subject. Every statutory declaration or affidavit shall state the description and true place of abode of the person making the same, and shall be written, typed, lithographed or printed book-wise and shall bear the name and address of the person leaving it and shall state on whose behalf it is left.

Persons Before Whom to be Made.

15. A statutory declaration or affidavit required by the Act and these Rules, or used in any proceedings thereunder, shall be made and subscribed as follows:—

(a) in Saorstát Eireann, before any commissioner of the peace or other officer authorised by law in any part of Saorstát Eireann to administer an oath for the purpose of a legal proceeding;

(b) in any part of the British dominions, before any court, judge, justice of the peace, or any officer authorised by law to administer an oath there for the purpose of a legal proceeding; and

(c) if made elsewhere, before a notary public, or before a judge or magistrate.

Notice of Seal of Officer taking Declaration to prove Itself.

16. Any document purporting to have affixed, impressed or subscribed thereto or thereon the seal or signature of any person hereby authorised to take such declaration in testimony of such declaration having been made and submitted before him may be admitted by the Controller without proof of the genuineness of any such seal or signature or of the official character of such person or his authority to take such declaration.

Days and hours of Business at Office.

17. The Office shall be open to the public every week-day except Saturday between the hours of ten and four, and on Saturday between the hours of ten and one, except on the days following:—

Christmas Day, Good Friday, St. Patrick's Day, Bank Holidays and days which may from time to time be notified by a placard posted in a conspicuous place at the Office.

Excluded Days.

18. Whenever the last day fixed by the Act, or by these Rules, for doing any thing shall fall on a day when the Office is not open or on a Saturday which days shall be excluded days for the purposes of the Act and these Rules, it shall be lawful to do any such thing on the day next following such excluded day, or days, if two or more of them occur consecutively.

General Power to Enlarge Time.

19. The times prescribed by these Rules for doing any act, or taking any proceeding thereunder, other than the times prescribed by Rules 52 and 90, may be enlarged by the Controller if he thinks fit, and upon such notice to other parties and proceedings thereon, and upon such terms, as he may direct and such enlargement may be granted though the time has expired for doing such act or taking such proceeding.

Issue of the Journal and Publications to be made therein.

20. The Journal of Industrial and Commercial Property shall be issued at such intervals and at such a price as may be fixed by the Minister with the approval of the Minister for Finance and in addition to the publications which the Controller is required by the Act or these Rules to make therein may, subject to the approval of the Minister, contain

(a) an abridged description with any necessary illustration of the invention claimed in each accepted specification;

(b) notices of opposition to the grant of patents or the registration of trade marks;

(c) lists of patents granted and designs, trade marks and artistic works registered with the names and addresses of the grantees or registered proprietors;

(d) information as to entries in registers of assignments and other transmissions of patents and registered designs, trade marks and artistic works, and of mortgages on and licences to use patents and registered designs and artistic works;

(e) information of alterations and amendments of entries in registers;

(f) extensions of the terms of patents granted under Section 34 and restorations of patents and trade marks lapsed or removed from the register;

(g) information as to international conventions, foreign legislation and notifications affecting patents and the registration of designs, trade marks and artistic works and copyright;

(h) notifications of industrial and international exhibitions officially recognised;

(i) Orders made under Sections 152 and 175 extending the benefit of the Sections to other countries, and

(j) reports of cases of general interest relating to patents, designs, trade marks, artistic works and copyright decided by the Courts of Law within or without Saorstát Eireann or by the Law Officer, Minister or Controller.

Other Publications.

21. In addition to the publications which the Controller is required by the Act and these Rules to make he may also, subject to the approval of the Minister, prepare and publish at prices to be fixed by the Minister with the approval of the Minister for Finance:—

(a) an index of the classification of patents in the Office;

(b) an annual index of patents granted and of designs, trade marks and artistic works registered during the preceding year; and

(c) an annual list of patents for the time being in force.

Publications to be on Sale at Office.

22. Copies of the Journal of Industrial and Commercial Property, of the Act, of these Rules, of the Annual Report of the Controller and of the publications mentioned in the preceding Rule shall be on sale at the Office.

PATENTS.

Form of Application.

23. An application for a patent shall be made on Form No. 1 or Form No. 2 (as may be appropriate) in the First Schedule to these Rules and shall contain:—

(a) the surname, Christian names, nationality and full address of the applicant and in the case of a firm of each of the members and the title and full address of the firm and in the case of a company the title and full address of the company;

(b )a declaration that the applicant or, if there are two or more applicants, that one at least of them is the true and first inventor;

(c) the brief title of the invention;

(d) a statement whether the application is for a patent or a patent of addition, and in the latter case a reference to the earlier application or to the number of the earlier or original patent;

(e) the surname, Christian names and full address of the agent if one has been authorised;

(f) if there are more applicants than one and no agent has been authorised an indication of the person to whom communications are to be addressed;

(g) a statement whether a British patent for the invention has been applied for and, if not, whether the applicant intends to apply for a British patent;

(h) a statement whether priority is claimed under Section 152 of the Act in respect of an earlier application in another country to which the provisions of that Section have been applied and if so, the date of the earliest such application and the country in which made. If such priority is claimed a complete specification must accompany the application;

(i) the signature of the applicant or of each of them. If priority is claimed under Section 152 of the Act the application must be signed by the person by whom the earliest application in a country to which the provisions of Section 152 of the Act have been applied was made or by his legal representative or assignee.

Documents to Accompany Application.

24. The application must be accompanied by:—

(a) two copies of the provisional or complete specification (as the case may be),

(b) two copies of the drawings, if any;

(c) an authority duly given in favour of the agent, if one has been authorised. The agent must be one entered on the Register of Patent Agents kept at the Office;

(d) the appropriate fee, or evidence of payment of same, in accordance with Rule 5;

(e) if a British patent for the invention has been granted, a copy of the specification and drawings on which such patent was granted (which may be a printed copy) certified to that effect by the Comptroller-General of the Patent Office in London;

(f) if a complete specification is submitted and the applicant does not intend to apply for a British patent, a statutory declaration made by a person entered on the Register of Patent Agents or the Register of Clerks kept in the Office or the Register of Patent Agents kept in London that he has made a search and investigation at one of the places mentioned in Rule 32 for the purpose of ascertaining whether the invention claimed in the specification has been wholly or in part claimed or described in any specification (other than a provisional specification not followed by a complete specification) published before the date of the application and left in the Patent Office in London pursuant to an application for a patent in the late United Kingdom made during the period commencing fifty years before the application and ending on 1st October, 1927, and that he is satisfied as the result of such search and investigation that the invention claimed in the specification has not been wholly or in part claimed or described in any such specification so published and left as aforesaid;

(g) if the application is made by the legal representative of a person who has died possessed of an invention without making an application for a patent, the probate of the will, or the letters of administration granted of the estate and effects, or an official copy of such probate or letters which shall be supported by such further evidence as the Controller may require;

(h) a list of the enclosures accompanying the application.

Documents to Accompany Complete Specification Following Provisional Specification.

25. A complete specification lodged following a provisional specification must be accompanied by a statement whether the applicant has applied or intends to apply for a British patent for the invention claimed in the complete specification.

If he has so applied and a British patent has been granted the complete specification must be accompanied by the requirement in Rule 24 (e).

If he does not intend so to apply, the complete specification must be accompanied by the requirement in Rule 24 (f).

When Application for a British Patent Pending at the Time of Application in Saorstát Eireann.

26. If when an application is made accompanied by a complete specification a British patent has been applied for and the application is pending the applicant must subsequently

(a) in the event of the acceptance of the specification by the Comptroller-General of the Patent Office in London, lodge within one month of such acceptance a copy of the accepted specification and drawings certified by the Comptroller-General, or

(b) if the application for a British patent is refused, notify the Controller of such refusal.

If Application for British Patent Refused.

27. If the application for a British patent has been refused, the applicant, if he wishes to proceed with the application in Saorstát Eireann, must furnish to the Controller

(a) a certificate of the Comptroller-General of the Patent Office in London that the refusal was on grounds other than that the invention claimed in the complete specification had been wholly or in part claimed or described in any specification (other than a provisional specification not followed by a complete specification) published before the date of the application in Saorstát Eireann and left in the Patent Office in London pursuant to an application for a patent in the late United Kingdom made during the period commencing fifty years before the date of the application in Saorstát Eireann and ending on 1st October, 1927, and

(b) a statutory declaration in the terms set out in Rule 24 (f).

Documents to be Lodged When Priority Claimed Under International Arrangements.

28. If priority of date is claimed for an application under the provisions of Section 152 of the Act in respect of an earlier application in a country to which the provisions of that Section have been applied, the applicant must furnish to the Office with the application or within three months thereafter a copy of the specification and drawings deposited by the applicant in connection with the earliest application in any such country with a statement of the name and address of the applicant and the date of such application duly certified by the head of the Patent Office in that country.

An application claiming the benefit of Section 12 (2) must be accompanied by a copy of the specification on which the patent was granted in the British dominion or foreign country, and a statement of the date of application therefor certified as correct by the head of the Patent Office in that dominion or country. If the patent was based on more than one specification, a copy of each specification, with the date of lodgment so certified, must be furnished.

If the copy specification, certificate or other document furnished under this Rule is in a language other than English, French, German, Italian or Spanish a translation shall be attached thereto and verified by statutory declaration or otherwise to the satisfaction of the Controller.

An extension of the time for leaving these documents may be granted by the Controller on application and payment of the prescribed fee.

Form of Specification.

29. The specification must be on one or more sheets of strong white paper of foolscap size or of a size measuring from 29 to 34 c.m. in depth and from 20 to 22 c.m. in width. If there are several sheets they must be joined in such a manner that they can be separated and re-attached without interference with facility in reading them.

A margin of about 1½ inches or from 3 to 4 c.m. must be left unwritten upon at the left-hand side of each sheet and a space of about 3 inches or 8 c.m. at the head of the first sheet and a space not less at the foot of the last sheet.

The specification may be written by hand or by machine or be produced by lithography or printing or by any similar process. It must be legibly written in deep permanent ink and on one side only of each sheet.

Reasonable space must be left between the lines and each fifth line should be numbered. The pages must be numbered consecutively.

There must be repeated at the head of the specification the name, Christian names, nationality and full address of the applicant and the title of the invention.

The specification must be clearly and briefly expressed and free from unnecessary repetitions.

Weights and measures must be stated in the metric system, temperatures as degrees centigrade, density as specific gravity, electrical units must be expressed in the terms in international use, and chemical formulæ in the symbols generally accepted.

The specification must not contain drawings.

The specification should be written without erasures, alterations or insertions. If any are made they must be mentioned at the end of the specification and initialled.

A complete specification must end with a clear and succinct statement of the claims constituting the invention for which the protection by patent is desired.

All copies of the specification must be signed by the applicant or his authorised agent.

Drawings.

30. The drawings must be made on pure white strong paper with smooth surface but without gloss. A second copy which must be an exact reproduction of the first may be on tough transparent paper or on tracing linen. They must be on sheets measuring 13 inches or 33 c.m. in depth and from 8 inches to 8¼ inches or 21 c.m. in width. In exceptional cases sheets of a width of 16 inches to 16½ inches or 42 c.m. may be used. If necessary several sheets may be used and must be numbered consecutively. A marginal line should be drawn at a distance of half an inch or 2 c.m. from each side of the sheet and the figures must lie within this line. The figures and all reference letters or numbers must be drawn in an upright position with reference to the top and bottom of the sheet and sufficiently apart to render them distinct, and they must be numbered consecutively and without reference to the numbers of the sheets.

The drawings must be executed throughout in absolutely black and permanent ink, without washes or colours. They must lend themselves to clear reproduction on a reduced scale by photography. Sections must be shown by diagonal hatching in such a way as not to occasion difficulty in the clear identification of reference marks and indications.

The scale of the drawings must be determined by the complexity of the figures. It will suffice if the details can be distinguished without difficulty in a photographic reduction of one-fourth the size of the original. If the scale is given on the drawings it must be drawn and not denoted by words.

All letters and figures in the drawings must be plain and clear. The lines of the same sections must be indicated by the same reference marks. The different parts of the figures must where necessary to a proper understanding of the specification be designated throughout by the same reference marks which must agree with those in the specification. The drawings must not contain explanations or descriptive matter.

The drawings on stout paper must be delivered at the Office flat or rolled, free from folds or creases rendering them unsuitable for reproduction by photography. Each sheet must contain outside the marginal line the name of the applicant, the number of the sheet, the total number of sheets and the signature of the applicant or of his agent.

Chemical Inventions, Typical Samples and Specimens.

31. Where under Section 13 (4) of the Act before the acceptance of the complete specification left on any application for a patent for a chemical invention the Controller in any particular case considers it desirable to require typical samples or specimens to be furnished, such samples or specimens must, if so required by the Controller, be supplied in duplicate.

The fact that such samples or specimens have been furnished shall be notified to the public by a statement to that effect on the complete specification and in connexion with the advertisement of the acceptance thereof in the Journal.

The samples or specimens must, unless other directions are specially given, be supplied in glass bottles of a total height not exceeding three inches, and of an external diameter of 1½ inches and the bottles must be securely closed by well-fitting stoppers and sealed. Each bottle must have an adhesive or otherwise securely attached label bearing a description which clearly identifies the sample with the substance described in the specification. Labels which are not secured to the bottle by an adhesive should be 3 inches or 8 c.m. wide and not more than 4 inches or 10 c.m. long.

Where samples or specimens of colouring matters are required to be supplied, they must be accompanied by samples or specimens of materials printed or dyed with such colouring matters and the samples or specimens must be as flat as possible and firmly attached to cards 13 inches or 29 to 34 c.m. long by 8 inches or 20 to 22 c.m. broad. The cards must bear a full description of the processes by which the respective dyed or printed effects were produced, including the compositions and strengths of the various baths, the temperatures, duration of treatment, degree of exhaustion of the dye baths, in the case of dyed fabrics the percentage of colouring matter fixed on, and in the case of prints the composition of the printing paste, and other necessary information. This description must also clearly identify the substance used with that described in the specification.

Samples of poisonous, corrosive, explosive, or easily inflammable substances must be clearly marked as such.

Places at Which Search Under Section 19 (3) may be made.

32. The search under Section 19 (3) of the Act may be made at the Office or at:—

The Central Public Library, Belfast.

The Patent Office, London.

The Patents Library, Birmingham.

The Commercial Library, Glasgow.

The Free Public Libraries, Liverpool.

The Patents Library, Manchester.

When Priority Claimed in Respect of an Application in Saorstát Eireann before Commencement of Act.

33. If priority of date is claimed for an application under the provisions of Section 12 (1) of the Act in respect of an application made in Saorstát Eireann before the commencement of the Act the Examiner shall in the proceedings under Section 14 or Section 17 of the Act report whether the invention described in the complete specification lodged in connection with the application is the same invention as that in respect of which an earlier application was made to the Minister for Economic Affairs of the late Provisional Government or to the Minister for Industry and Commerce of Saorstát Eireann and if he shall report that the invention described is not substantially the same the procedure laid down in Section 17 of the Act shall apply as if the earlier application were a provisional specification lodged under the provisions of the Act.

Application for Revocation of Patent under Section 12 (3).

34. An application under Section 12 (3) of the Act for the revocation of any patent for the same invention referred to in the Sub-Section as a second-mentioned patent may in reference to any such patents which have not been published at the date of the application be made in general terms asking for the revocation of any such patent for the same invention subsequently published.

An application made under the sub-section and any revocation pursuant thereto may be in respect of the whole or part only of any such patent.

One Invention.

35. When a specification comprises several distinct matters, they shall not be deemed to constitute one invention by reason only that they are all applicable to or may form parts of an existing machine, apparatus or process.

Applications for Separate Patents by Way of Amendment.

36. (1) Where a person making application for a patent has included in his specification more than one invention, the Controller may require or allow him to amend such application and specification and drawings or any of them so as to apply to one invention only, and the applicant may make application for a separate patent for any invention excluded by such amendment.

Every such last-mentioned application may, if the Controller at any time so direct, bear the date of the original application or such date between the date of the original application and the date of the application in question as the Controller may direct, and shall otherwise be proceeded with as a substantive application in the manner prescribed by the Act and by these Rules.

Where the Controller has required or allowed an application or specification or drawings or any of them to be amended as aforesaid, such application shall, if the Controller at any time so direct, bear such date subsequent to the original date of the application and not later than the date when the amendment was made as the Controller shall consider reasonably necessary to give sufficient time for the subsequent procedure relating to such application.

(2) Where the same applicant has put in two or more provisional specifications for inventions which he believes to be cognate or modifications one of the other and the Controller is of opinion that such inventions are not cognate or modifications one of the other, the applicant may divide the complete specification left in connexion with his application into such number of complete specifications as may be necessary to enable the application to be proceeded with as two or more separate applications for patents for different inventions.

Power of Controller to Post-Date Application.

37. If after the leaving of any complete specification the Examiner reports that the nature of the invention is not sufficiently disclosed and defined to enable him to make the investigation prescribed by Section 20 (1) of the Act, and the Controller requires amendment of the specification and drawings, or any of them, the application shall, if the Controller at any time so direct, bear such date, subsequent to its original date and not later than the date when the requirement is complied with, as the Controller may consider reasonably necessary to give sufficient time for the subsequent procedure on such application.

Provisional Report by Examiner in Case of Complete Anticipation.

38. When the Examiner in prosecution of the investigation prescribed by Section 20 (1) of the Act, finds that the invention claimed in the specification under examination has been wholly claimed or described in one or more specifications within the meaning of the sub-section, he shall, without any further prosecution of the investigation, make a provisional report to that effect.

If the provisional report of the Examiner made under this Rule be not reversed or altered it may be deemed a final report and the application shall be dealt with as provided in the second paragraph of sub-section (4) of Section 20. If, however, such provisional report be reversed or altered, the investigation shall be continued, and a further report shall be made.

Time for Leaving Amended Specification.

39. The time within which an applicant may leave an amended specification under Section 20 (2) or Section 21 (2) of the Act shall be two months from the date of the letter informing him that the invention claimed has been wholly or in part claimed or described in any specification or specifications within the meaning of the Section.

Application for an extension of time for leaving the amended specification may be made, but no such extension of time shall be granted which would extend beyond the date prescribed by the Act and Rules for the acceptance of the specification, and any fees payable under these Rules for the extension of time for acceptance of a specification shall be paid in addition to the fees for an extension of time under this Rule.

Hearing by Controller Under Section 20 or Section 21.

40. If at the expiration of the said two months, or such further time as the Controller may allow, an amended specification shall not have been left at the Office or the Controller is not satisfied that no objection exists to the amended specification on the ground that the invention claimed therein is not wholly or in part claimed or described in a specification or specifications within the meaning of the appropriate Section he shall notify the applicant and appoint a time for hearing him and shall give him ten days' notice at the least of such appointment. The applicant shall as soon as possible notify the Controller whether or not he desires to be heard. The Controller shall after hearing the applicant, or without a hearing if the applicant has not attended a hearing appointed or has notified that he does not desire to be heard, determine whether reference ought to be made in the applicant's specification to any and, if so, what prior specification or specifications by way of notice to the public and shall inform the applicant accordingly. As an alternative to the insertion of a reference to a prior specification the Controller may prescribe or permit such amendments of the specification as will be to his satisfaction and, in such case, the applicant must elect within such time as may be fixed by the Controller whether he agrees to the amendment or to the insertion of a reference. If no communication is received within the prescribed time or such further time as may be allowed the references will be inserted. Application for an extension of the time fixed by the Controller under this Rule may be made on the conditions prescribed in the second paragraph of Rule 39.

Reference to Prior Specification Under Section 20 or Section 21.

41. When under Section 20 (2) or Section 21 (2) of the Act the Controller determines that reference to a prior specification ought to be made by way of notice to the public, the form of reference shall be as follows and shall be inserted after the claims:—

"Reference has been directed, in pursuance of Section 20 (2) or Section 21 (2) (as the case may be) of the Industrial and Commercial Property (Protection) Act, 1927 , to specification No. of  ."

Advertisement of Amendment.

42. When after any accepted specification has been published any amendment has been made or any reference inserted therein under Rule 40, notice thereof shall be advertised in the Journal.

Disclosure of Result of Search.

43. Application for the disclosure of the result of a search made under Sections 19, 20 or 21 of the Act may be made on Form No. 3 in the First Schedule to these Rules at any time after the acceptance of the specification on payment of the appropriate fee.

Notice of Acceptance of Specification.

44. On the acceptance of a provisional or complete specification the Controller shall give notice thereof to the applicant and shall advertise the acceptance of every complete specification in the Journal.

Inspection of Specification.

45. After such acceptance in the case of a complete specification the application and specification or specifications with the drawings (if any) may be inspected at the Office upon payment of the prescribed fee.

Notice of Opposition to Grant of Patent.

46. A notice of opposition to the grant of a patent shall be accompanied by the prescribed fee or evidence of payment thereof and shall state the ground or grounds on which the person giving such notice intends to oppose the grant, and must be signed by him. Such notice shall be in duplicate and shall include a statement setting out fully the nature of the opponent's interest, the facts upon which he bases his case and the relief which he seeks.

Extension of Time for Sealing Patent.

47. Where for any reason a patent cannot be sealed within the period allowed by Section 25 of the Act the applicant may on payment of the prescribed fee, apply to the Controller for an extension of such period not exceeding three months.

Form of Patent.

48. A patent shall be in the Form in the Second Schedule to these Rules, which may be varied to meet the circumstances of any case.

Form of Patent to Legal Representatives and Others.

49. Where a patent is granted to the legal representatives of a deceased inventor, or in any case in which the applicants have asked to be treated for the purpose of the devolution not only of the legal but also of the beneficial interest in such patent as joint tenants the form of the patent shall be modified so as to show clearly that the persons to whom the grant is made are to be treated for the purposes of the devolution not only of the legal but also of the beneficial interest in the patent as joint tenants.

Entry of Patent.

50. Upon the sealing of a patent the Controller shall cause it to be entered in the Register of Patents.

Entry of British Patent in Register.

51. A British patent deemed under Section 29 of the Act to be a patent granted under the Act shall be entered in the register on the furnishing of a copy of the entries relating to the patent in the British register and of a copy of the specification and drawings (which may be a printed copy) certified as correct by the Comptroller-General of the Patent Office in London together with an additional officially-printed copy of the specification and drawings.

Payment of Renewal Fees.

52. If a patentee intends at the expiration of the fourth year from the date of his patent or of any succeeding year during the term of the patent to keep the same in force, he shall before the expiration of such year pay the prescribed annual renewal fee. The patentee may pay all or any of such prescribed annual renewal fees in advance. The time for payment of any fee may be extended for a period not exceeding three months on payment of the prescribed fee.

Certificate of Payment.

53. On due compliance with the terms of Rule 52 the Controller shall issue a Certificate that the prescribed payment has been duly made.

Notice as to Renewal Fees.

54. At any time not less than one month before the date when any renewal fee becomes due in respect of any patent, the Controller shall send to the patentee or patentees appearing in the Register of Patents at his or their address or addresses for service, or to the address of the person or persons who paid the last renewal fee, a notice reminding him or them of the date when such fee will become due, and of the consequences of the non-payment thereof.

Application for Restoration of Lapsed Patent.

55. Where any patent has become void owing to the failure of the patentee to pay any prescribed fee within the prescribed time the patentee may on payment of the prescribed application fee apply to the Controller for an order for the restoration of the patent. Every such application shall be accompanied by one or more statutory declarations verifying the statements contained in such application. If the Controller entertains the application, he shall advertise it in the Journal, and in such other manner as in his opinion is desirable.

Opposition to Restoration.

56. At any time within two months from the date of the first of such advertisements in the Journal any person may on payment of the prescribed fee give notice of opposition at the Office. Such notice shall be in duplicate and shall include a statement in duplicate setting out fully the nature of the opponent's interest, the facts upon which he bases his case and the relief which he seeks.

Hearing.

57. If no opposition to the application is entered the Controller shall at the expiration of the opposition period appoint a time for hearing the applicant, and if satisfied with the evidence adduced, issue an order restoring the patent.

Order for Restoration.

58. In every order of the Controller restoring a patent provisions shall be inserted for the protection of persons who may have availed themselves of the subject-matter of the patent after the patent has been announced as void in the Journal. Such provisions shall restrain the patentee from commencing or prosecuting any action or other proceedings, and from recovering any damages

(1) in respect of any infringement of the patent which shall have taken place after the date on which the patent was announced in the Journal to be void and before the date of the order,

(2) in respect of the use or employment at any time thereafter of any mechanism, machine, machinery, process or operation actually made or carried on within Saorstát Eireann or of the use, purchase, or sale of any article manufactured or made in infringement of the patent after the date of the said announcement and before the date of the order, provided that such use, purchase, sale, or employment is by the person or corporation by or for whom such machine or machinery or article was bona fide manufactured or made, or by or for whom such mechanism, machine, machinery, process or operation was bona fide carried on or by his or their executors, administrators, successors, or vendees, or his or their assigns respectively,

(3) in respect of the use, employment, or sale at any time thereafter by any person or corporation entitled for the time being under the preceding paragraph to use or employ any machine, machinery, mechanism, process, or operation, of any improved or additional machine, machinery, mechanism, process, or operation or of the use or sale of any article manufactured or made by any of the means aforesaid in infringement of the patent, provided that the use or employment of any such improved or additional machine, machinery, mechanism, process or operation shall be limited to the buildings, works, or premises existing at the time being or afterwards erected of the person or corporation by or for whom such machine, machinery, mechanism, process or operation was made or carried on within the meaning of the preceding paragraph or of his or their executors, administrators, successors or assigns.

Compensation.

59. The order shall further provide that if any person within one year after the date thereof make an application to the Controller for compensation in respect of money, time, or labour expended by the applicant upon the subject-matter of the patent in the bonafide

belief that such patent had become and continued to be void, it shall be lawful for the Controller after hearing the parties concerned or their agents to assess the amount of such compensation if in his opinion the application ought to be granted and to specify the party by whom and the day on which such compensation shall be paid, and if default shall be made in payment of the sum awarded the said patent shall become void, but the sum awarded shall not in that case be recoverable as a debt or damages. There shall be a right of appeal to the Minister from a decision of the Controller under this Rule.

Notification of British Patent Becoming Void.

60. In the case of a British patent deemed under the provisions of Section 29 of the Act to be a patent granted under the Act the patent shall be taken to have been announced as void in the Journal if before 31st May, 1928, or a date four months after the date at which a renewal fee in respect of the patent shall have first become due under the Act, whichever is the later, the patent shall not have been advertised in the Journal as registered in Saorstát Eireann.

Application to Amend Specification Under Section 37.

61. A request to the Controller for leave to amend a specification after acceptance except when such request is made under Section 21 may be made on payment of the prescribed fee and must be accompanied by a duly certified printed copy of the original specification and drawings, showing in red ink the proposed amendment in such manner as to indicate clearly the alteration desired, and shall be advertised by publication of the request and the nature of the proposed amendment in the Journal, and in such other manner (if any) as the Controller may in each case direct.

Notice of Opposition.

62. A notice of opposition to the amendment shall be in duplicate and shall include a statement setting out fully the nature of the opponent's interest, the facts upon which he bases his case and the relief which he seeks and shall be accompanied by the prescribed fee or evidence of payment thereof.

Requirements On Amendment.

63. Where leave to amend is given the applicant shall, if the Controller so require and within a time to be limited by him, leave at the Office a new specification and drawings as amended, to be prepared in accordance with Rules 29 and 30.

Advertisement of Amendment.

64. Particulars of all amendments of specifications allowed and made under Section 37 shall be advertised forthwith in the Journal and in such other manner, if any, as the Controller may direct.

Request for Indorsement " Licences of Right."

65. A request to the Controller to indorse a patent with the words " licences of right " may be made on payment of the prescribed fee and shall be accompanied by a statutory declaration and such other evidence as the Controller may deem necessary to show that the patentee is not precluded by contract from making such request.

Opposition.

66. Upon receipt of such request it shall be advertised in the Journal and any person alleging that such request has been made contrary to some contract in which he is interested may on payment of the prescribed fee apply to the Controller within one month from the date of advertisement to oppose the request. Such application shall be in duplicate and shall include a statement setting out fully the nature of the applicant's interest, the facts upon which he bases his case, and the relief which he seeks.

Application to Settle Terms of Licence.

67. An application to the Controller for settlement of the terms of a licence under a patent which has been indorsed "licences of right" shall be in duplicate and shall include a statement setting out fully the nature of the applicant's interest, the facts upon which he bases his case and the terms of the licence which he is prepared to grant or accept and shall be accompanied by the prescribed fee or evidence of payment thereof.

Application for Cancellation of Indorsement.

68. An application by a patentee for the cancellation of an indorsement under Section 40 of the Act shall be advertised by the Controller in the Journal and in such other manner, if any, as he deems desirable. Such application shall be accompanied by the prescribed fee and by the unpaid moiety of all renewal fees which have become due since the indorsement, or evidence of payment thereof.

Opposition.

69. At any time within one month from the first of such advertisements in the Journal any person may on payment of the prescribed fee give notice of opposition at the Office. Such notice shall be in duplicate and shall include a statement setting out fully the nature of the opponent's interest, the facts upon which he bases his case and the relief which he seeks.

Application for Revocation of Patent by Controller Under Section 42.

70. An application for the revocation of a patent under Section 42 of the Act shall be in duplicate and shall include a statement setting out fully the nature of the applicant's interest, the facts upon which he bases his case and the relief which he seeks and shall be accompanied by the prescribed fee or evidence of payment thereof.

Surrender of Patent.

71. A notice of an offer by a patentee to surrender his patent under Section 42 of the Act shall be accompanied by the prescribed fee or evidence of payment thereof and shall be advertised by the Controller in the Journal and in such other manner, if any, as he deems desirable.

Application for Compulsory Licence or Revocation of a Patent Under Section 43.

72. An application to the Controller for an Order under Section 43 of the Act shall be accompanied by the prescribed fee or evidence of payment thereof and the application shall be made and the proceedings thereon conducted as provided in the Section.

Delivery of Counter-Statement.

73. The prescribed time for the delivery of a counter-statement under Section 43 (9) shall be fourteen days from the date of the advertisement of the application in the Journal. On delivery of a counter-statement to the Controller the patentee or other person so delivering shall deliver a copy thereof to the applicant.

Application by Licensee to Surrender Existing Licence in Exchange for One Settled by Controller.

74. An application by an existing licensee, under a patent which has been indorsed "licences of right" under the provisions of Section 43 (3) (a) of the Act, for an Order of the Controller entitling the licensee to surrender his licence in exchange for a licence to be settled by the Controller, shall be made as provided in Rule 67.

Patents for Food or Medicine—Licences.

75. An application to the Controller under Section 55 (2) of the Act for a licence to use an invention for the purposes of the preparation or production of food or medicine shall be made and the procedure thereon shall be as prescribed in Rules 72 and 73 for an application under Section 43 of the Act.

Secret Patents. Assignment to Minister for Defence and Proceedings Thereafter.

76. When under the provisions of Section 47 of the Act the benefit of an invention relating to instruments or munitions of war has been assigned to the Minister for Defence and the application for a patent is accompanied by a certificate from the Minister for Defence that in the interests of the public service the particulars of the invention and of the manner in which it is to be performed should be kept secret, the Controller shall not communicate the application or any documents relating thereto to any member of his staff other than a deputy or special Examiner or Examiners who shall make the investigations and reports required by the Act to be made in the case of other applications by an Examiner and any search required under the provisions of Section 19 (3) to be made in other cases by a patent agent, and Section 19 (6) of the Act shall not apply.

Unless and until such invention is re-assigned to the inventor by the Minister for Defence:—

(1) no copy of any specification or any other document or drawing relating thereto shall in any manner whatever be published or open to the inspection of the public,

(2) the application for the patent, and the acceptance of any specification relating to the invention shall not be advertised, nor shall the grant of the patent for such invention be open to opposition under Section 24 of the Act, but the Controller shall cause a patent to be sealed in respect of every such invention as soon as may be after the acceptance of the complete specification relating thereto,

(3) every such secret patent shall be registered in a confidential register at the Office and no details or particulars relating thereto shall at any time be published as required by the Act for ordinary patents, nor shall any entry be made in the ordinary Register of Patents in respect of any such patent or any assignment thereof,

(4) no fees shall be payable in respect of any secret patent and every such patent, notwithstanding the non-payment of such fees, shall remain in force for the full period of 16 years from its date.

Certificate of Secrecy After Application.

77. When an application has been made otherwise than as provided by the last preceding Rule for a patent for an invention, and such application is still pending, and a certificate under Section 47 (3) of the Act is furnished to the Controller by the Minister for Defence, the provisions of such Rule shall, so far as is practicable having regard to the date of such certificate, apply to such application and to all documents relating thereto.

Re-Assignment to Patentee.

78. In the event of any secret patent being re-assigned to the inventor by the Minister for Defence, it shall be removed from the Confidential Register of secret patents and all fees thereafter payable if it had not been a secret patent shall be payable in respect thereof and the patent shall remain in force only for the same term and subject to the same conditions as to payments of fees and otherwise as if it had never been a secret patent.

DESIGNS.

Classification of Goods.

79. For the purposes of the registration of designs and of the Rules relating thereto goods are classified as in the Third Schedule hereto. Any doubt as to the class to which any particular description of goods belongs shall be determined by the Controller.

"Set" of Articles.

80. "Set" means a number of articles of the same general character ordinarily on sale together, or intended to be used together, all bearing the same design with or without modifications not sufficient to alter the character or not substantially affecting the identity thereof.

Where there is any doubt whether given articles do or do not constitute a set, the doubt shall be determined by the Controller.

Words, Letters or Numerals in Designs.

81. Any right to the exclusive use of words, letters or numerals forming part of a design must be disclaimed.

Representations of Persons.

82. If a design includes the name or representation of a person living or deceased within fifty years the Controller may before registration of the design require the consent of the person or of his or her legal representatives.

Form of Application for Registration.

83. The application for registration of a design shall contain:

(a) the surname, Christian names, nationality, trading style (if any) and full address of the applicant;

(b) a declaration that the applicant claims to be the proprietor of the design;

(c) a brief written description of the design and a statement of the feature or features of novelty claimed for the design;

(d) the class in which registration is desired;

(e) a statement of the article or articles to which the design is to be applied;

(f) if the design has been already registered for other goods, the registered number and the class or classes in which previously registered;

(g) if priority is claimed in respect of an earlier registration in a country to which the provisions of Section 152 of the Act have been applied, the date of the earliest application for registration in any such country;

(h) if any agent has been authorised, the full name and address of the agent who must be resident or have a place of business in Saorstát Eireann;

(i) the signature of the applicant or authorised agent with date.

Documents to Accompany Application.

84. The application must be accompanied by:

(a) a drawing or tracing in ink, photograph or other representation of a permanent character showing the design as applied to the shape, configuration, pattern or ornament of the article or articles in respect of which registration is desired, on or attached to one or more sheets of stout paper of a size approximately 13 inches by 8 inches or 29 to 34 c.m. by 20 to 22 c.m. A margin of one inch or 3 c.m. must be left clear on the left hand side of the sheet. In the case of a set the representation must show all the several arrangements in which it is proposed to apply the design to the articles included in the set.

When the design bears a repeating surface pattern the complete pattern and a sufficient portion of the repeat in length and width (of not less than 7 inches by 5 inches) must be shown on the representation.

The Controller may refuse any representation not made to his satisfaction.

An application may, if it should be inconvenient at the time to furnish the representation required by this Rule, be accompanied by a rough sketch of the design sufficient definitely to identify it, but the required representation and the additional copies referred to under (b) must be furnished to the Controller within three months thereafter and the design shall not be registered unless and until they have been so furnished;

(b) three additional copies of the representation, and one further copy for each class in which registration is desired in excess of one class;

(c) an authority duly given in favour of the agent, if any;

(d) the prescribed fee or evidence of payment thereof in accordance with Rule 5; and

(e) a list of the enclosures accompanying the application.

Application under International Arrangements.

85. If priority of date is claimed for an application under Section 152 of the Act in respect of an earlier application in a country to which the provisions of the Section have been applied the applicant must furnish to the Office with the application or within three months thereafter a copy of the application and the accompanying design first lodged in any such country duly certified to the satisfaction of the Controller by the proper authority in that country.

An application claiming the benefit of Section 65 (2) must be accompanied by a copy of the design as registered in the British Dominion or foreign state together with a statement of the date of registration and the date of application therefor certified as correct by the competent authority in that dominion or state.

Objections.

86. If the Controller refuses to register a design or raises objections to the registration a statement in writing of the grounds of refusal or objection shall be sent to the applicant and unless within one month from the date of such written statement the applicant applies for a hearing he shall be deemed to have withdrawn his application.

Decision on Hearing.

87. The applicant shall be notified in writing of the decision of the Controller on any hearing as aforesaid and if he is dissatisfied with the decision he may within one month from the date of such notification on payment of the prescribed fee require the Controller to state in writing the grounds of his decision and the materials used by him in arriving at the same and the date of such written statement by the Controller shall be deemed to be the date of his decision for the purpose of appeal.

Non-Completion Within Twelve Months.

88. Where an application for registration of a design is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Controller shall give notice to the applicant in writing of such non-completion, and if the applicant has an agent shall send a duplicate of such notice to such agent. If after fourteen days from the date when such notice was sent the application is not completed, it shall be deemed to be abandoned unless application has been made and the prescribed fee paid for an extension of time not exceeding three months within which the application for registration may be completed.

Entry in Register.

89. When a design has been accepted it shall be entered in the register.

Extension of Period of Copyright.

90. An application for the extension of the period of copyright for a second or third term of five years may on payment of the prescribed fee be made by the registered proprietor at any time before the expiration of the current period of copyright, or within any enlargement of that time not exceeding three months if application for such enlargement has been made and the prescribed fee paid. All or any of the fees for an extension of the period of copyright may be paid in advance.

Certificate of Extension.

91. Upon an extension of the period of copyright a certificate to that effect shall be sent to the registered proprietor at his registered address and the extension shall be advertised in the Journal.

Application for Cancellation of Registration.

92. An application to the Controller under Section 75 of the Act for the cancellation of the registration of a design must be in duplicate and be accompanied by the prescribed fee or evidence of payment thereof and must contain a statement setting out fully the nature of the applicant's interest, the facts upon which he bases his case and the relief which he seeks.

Marking of Articles.

93. The prescribed mark to be applied before delivery for sale of articles to which a registered design has been applied shall be the word REGISTERED or the abbreviation REGD. or RD. and (except in the cases of handkerchiefs or shawls or articles to which have been applied designs registered in Classes 13 and 14) the number appearing on the certificate of registration.

Inspection of Registered Designs.

94. The period under Section 73 of the Act during which a design shall not be open to inspection except as provided in that section, shall be, as regards designs in Class 13, five years and as regards designs in other classes, two years from the date of the original registration thereof.

TRADE MARKS.

Classification of Goods.

95. For the purposes of the registration of trade marks and of the Rules relating thereto goods are classified as in the Fourth Schedule hereto. Any doubt as to the class to which any particular goods belong shall be determined by the Controller.

Words Not Registrable.

96. The Controller may refuse to accept any application for the registration of a mark which includes the word " patent," " registered," or words with a like meaning.

Arms, Flags, Emblems.

97. The Controller may, before registering any mark which includes the badge, device, emblem or flag of any State, city, borough, town, place, body corporate, society or institution require the applicant to furnish him with a consent from such authority as he shall deem entitled to give consent for the use thereof.

Representations of Persons.

98. If a mark includes the name or representation of a person living or deceased within fifty years the Controller may before registration of the mark require the consent of the person or of his or her legal representative.

Name or Description of Goods.

99. If a mark includes the name or description of any goods the Controller may refuse to register it in respect of any goods other than those named or described, or may register it subject to such other limitations as he shall deem proper.

Form of Application.

100. An application for the registration of a trade mark shall contain:

(a) the surname, Christian names, nationality, business, trading style (if any) and full trading address of the applicant,

(b) a declaration that the applicant claims to be the proprietor of the mark,

(c) if the mark contains a device, a brief written description identifying the features of the device,

(d) if the mark contains a word not in common use, whether invented or not, a statement of the derivation or application, if any, of the word,

(e) a statement whether the application is for registration in Part A or Part B of the register,

(f) a statement of the goods or classes of goods in connection with which the mark is at the time in use or in connection with which there is a definite intention of using it and in respect of which registration is desired,

(g) if the mark is already in use a statement of the date when first used and by whom and in connection with what descriptions of goods and of the extent of the area in Saorstát Eireann in which it has been in use,

(h) if priority is claimed in respect of an earlier application in a country to which the provisions of Section 152 of the Act have been applied, the date of the earliest application for registration in any such country,

(i) if an agent has been authorised the full name and address of the agent, who must be resident or have a place of business in Saorstát Eireann,

(j) the signature of the applicant or authorised agent with date.

Documents to Accompany Application.

101. The application must be accompanied by

(a) a representation of the mark on or affixed to a sheet of strong white paper of foolscap size, or 29 to 34 c.m. by 20 to 22 c.m. headed "Representation of Trade Mark accompanying application by (here insert full name, trading style and address of applicant) dated ............................................................  19 ......" and signed at the foot by the applicant or his authorised agent. The Controller may refuse any representation not made to his satisfaction and may require a translation and transliteration of any word in foreign language or characters contained in the mark.

In an application for the registration of a series of trade marks the representation must include each mark of the series.

If in size the representation exceeds the space available on the sheet it may be mounted on linen or other flexible and durable material and attached in part to the sheet and the surplus portion folded so as to come within the limits of the sheet. If this course is impracticable the representation may be furnished in a reduced scale or otherwise as the Controller may deem most convenient,

(b) two additional copies of the representation and particulars above mentioned on similar sheets headed "additional representation of Trade Mark" and if registration is required in respect of more than one class two further copies in respect of each additional class,

(c) an authority duly given in favour of the agent, if any,

(d) the prescribed fee or fees or evidence of payment thereof in accordance with Rule 5,

(e) a list of the enclosures accompanying the application An application under Section 82 (2) of the Act for the registration of a mark in use before 13th August 1875 or under Section 86 for the entry of a mark in Part B of the Register must be accompanied by a statutory declaration verifying the particulars required by (g) of Rule 100 with exhibits showing the mark as used.

An application for the registration of a mark under Section 123 of the Act shall be accompanied by a statutory declaration in duplicate setting out the grounds on which the applicant relies in support of the application.

Application Under International Arrangements.

102. If priority of date is claimed for an application under the provisions of Section 152 of the Act in respect of an earlier application in a country to which the provisions of the latter Section have been applied the applicant must furnish to the Office with the application or within three months thereafter a copy of the application and the accompanying mark first lodged in any such country duly certified to the satisfaction of the Controller by the proper authority in that country.

If a mark has been duly registered in one of such countries and the applicant

(a) has a real and effective industrial establishment therein, or

(b) if he has no such establishment in one of such countries, is domiciled therein, or

(c) in any other case is a national thereof,

the Controller may require to be furnished a copy of the mark so registered certified to his satisfaction by the proper authority in that country.

An application claiming the benefit of Section 88 (2) must be accompanied by a copy of the trade mark as registered in the British dominion or foreign state together with a statement of the date of registration and the date of application therefor certified as correct by the competent authority in that dominion or country.

Application by Minister.

103. An application by a Minister under Section 121 shall be made in accordance with these Rules.

Refusal or Conditional Acceptance of Application.

104. If the Controller refuses to accept an application or is prepared to accept it subject to conditions, amendments, modifications or limitations and the applicant is aggrieved by such refusal or conditional acceptance the applicant shall within one month from the date of the communication notifying such refusal or conditional acceptance and the reasons therefor apply to the Controller for a hearing, and if he fails to do so he shall be deemed to have accepted the refusal or conditional acceptance.

Decision on Hearing.

105. The applicant shall be notified in writing of the decision of the Controller on any hearing as aforesaid, and if he is dissatisfied with the decision he may within one month from the date of such notification, on payment of the prescribed fee, require the Controller to state in writing the grounds of his decision and the materials used by him in arriving at the same, and the date of such written statement by the Controller shall be deemed to be the date of his decision for the purpose of appeal.

Procedure on Application to Register Mark Used Solely as Certificate of Quality, Etc.

106. When an application is made by an association or person to register a mark under the provisions of Section 123 of the Act the Controller shall report thereon to the Minister and shall at the same time send a copy of his report to the applicant.

If the applicant should desire to submit to the Minister any further information or evidence in support of the application he may within one month from the date of the Controller's report furnish to the Minister a statutory declaration setting out such further information or evidence and shall at the same time furnish a copy to the Controller.

Upon the receipt of such declaration the Minister may call for such further report or evidence as he may think fit and may cause the application to be advertised and shall, if necessary hear the applicant and the Controller and any opponent and shall make an order determining whether and subject to what conditions, amendments, modifications or limitations, if any, the mark shall be registered.

Advertisement.

107. An advertisement under Section 90 or Section 91 (9) of the Act, or by direction of the Minister under the preceding rule shall be made in the Journal at such time and in such manner as the Con-troller may think fit and convenient, and in the case of a series of trade marks he may insert a representation of each mark in the series or a statement of the manner in which the several marks differ. If the advertisement shall not include a representation of the mark it shall state at what place or places a representation is available for inspection.

Blocks.

108. For the purposes of such advertisement the applicant shall furnish such block or blocks corresponding exactly with the representation of the mark, or of the mark as modified, and such other information or means of advertising the mark or series of marks as the Controller may require.

If the trade mark is limited in whole or in part to any colour or colours the block shall as far as possible indicate those colours, preferably by means of the Heraldic Convention as shown in the Fifth Schedule hereto.

The block may be a line block (or electrotype or stereotype produced therefrom) or wood block or similar block satisfying the Controller, but shall not be a half-tone or process block. It must be of a scale sufficiently large to reproduce the mark faithfully, but shall not, unless the Controller shall be satisfied as to the necessity, exceed five and a half inches in breadth and seven and a half inches in depth, and if this space should be insufficient to reproduce the mark clearly the Controller shall decide in what manner it is to be advertised.

When the block exceeds two inches either in breadth or in depth the prescribed fee shall be payable for the advertisement in respect of the excess beyond each of those dimensions.

Notice of Opposition.

109. Notice of opposition to the registration of a trade mark must be in duplicate and must be given within one month from the date of the advertisement of the application in the Journal and must be accompanied by the prescribed fee or evidence of payment thereof and must contain a statement of the grounds of opposition and if registration is opposed on the ground of resemblance of the mark to a mark or marks already in the register must indicate the registered number or numbers of such other mark or marks.

Application under Section 88 (3).

110. An application under Section 88 (3) of the Act for the removal from the register of a trade mark referred to in the Section as the second mentioned trade mark which has not been entered in the register at the date of the acceptance of the trade mark referred to in the Section as the first mentioned trade mark may be in general terms asking for the removal from the register of any such second mentioned trade mark which may be subsequently entered therein.

Non-completion within Twelve Months.

111. When registration of a trade mark has not been completed within twelve months from the date of the application by reason of default on the part of the applicant the Controller shall give notice to the applicant in writing of such non-completion and, if the applicant has an agent, shall send a duplicate of such notice to the agent. If after fourteen days from the date when such notice was sent, or such further time as the Controller may allow, the registration is not completed, the application shall be deemed to be abandoned.

Entry in Register.

112. Entry of a trade mark in the register shall be made on payment of the prescribed fee.

Renewal of Registration.

113. Application under Section 106 of the Act for the renewal of the registration of a trade mark may on payment of the prescribed fee be made by the registered proprietor or a duly authorised agent not earlier than three months before the date of expiration of the last registration and not later than the date of expiration.

Notice of Expiration of Registration.

114. The notice to be sent by the Controller under Section 107 of the Act shall be sent not earlier than two months and not later than one month before the expiration of the last registration.

Advertisement of Expiration.

115. If at the date of the expiration of the last registration the prescribed renewal fee has not been paid the Controller shall forthwith advertise the fact in the Journal.

Renewal After Expiration.

116. If within one month from the date of such advertisement the prescribed renewal fee shall be paid by the registered proprietor or his authorised agent together with the prescribed additional fee the Controller may renew the registration.

Removal of Mark from Register and Reinstatement.

117. If on the expiration of one month from the date of such advertisement the prescribed fees have not been paid the Controller may remove the mark from the register but while it has not been so removed he may renew the registration or, after it has been removed, he may restore and renew the registration on payment of the prescribed renewal fee and of the prescribed additional fee if he is satisfied that it is just to do so and the renewal shall be upon such conditions as he may think fit to impose.

Certificate and Advertisement of Renewal.

118. Upon the renewal of a registration a certificate to that effect shall be sent to the registered proprietor at his registered address and the renewal shall be advertised in the Journal.

Apportionment of Trade Marks.

119. An application under Section 100 of the Act for the apportionment of trade marks shall be signed by the registered proprietor when practicable, and by all other parties claiming to be interested in the marks, and shall be accompanied by the prescribed fee or evidence of payment thereof, and by a statement of case setting out fully the facts on which the application is based.

The Controller shall investigate the facts and shall call for such evidence as he may deem necessary, and before arriving at a decision shall, if necessary, give the parties an opportunity of attending before him either by themselves or by their agents. After enquiry the Controller shall give his decision in writing.

Application to Alter Trade Mark.

120. An application under Section 110 of the Act to alter a trade mark shall be accompanied by the prescribed fee or evidence of payment thereof, and by

(a) a representation complying with the requirements of Rule 101 (a) and showing the trade mark as it will appear after alteration,

(b) two additional copies of the representation, and

(c) a block complying with the requirements of Rule 108 and corresponding exactly with the representation.

Any alteration permitted shall be advertised in the Journal.

Application to Controller for Removal of Trade Mark from Register.

121. An application to the Controller under Section 109 or 111 of the Act for the removal of a trade mark from the register must be in duplicate and be accompanied by the prescribed fee or evidence of payment thereof, and must contain a statement setting out fully the nature of the applicant's interest, the facts upon which he bases his case and the relief which he seeks.

COPYRIGHT IN ARTISTIC WORKS DEFINING DESIGNS.

Designs Multiplied by Industrial Process.

122. A design shall be deemed to be used as a model or pattern to be multiplied by an industrial process within the meaning of Section 172 of the Act when

(a) the design is reproduced or is intended to be reproduced in more than fifty single articles or fifty single sets of articles as defined by Rule 80, or

(b) the design is to be applied to (1) printed paper hangings, (2) carpets, floor coverings or oil cloths manufactured or sold in lengths or pieces, (3) textile piece goods or textile goods manufactured or sold in lengths or pieces, or (4) lace not made by hand.

Form of Application to Register an Artistic Work.

123. An application to register an artistic work defining a design shall contain

(a) the surname, Christian names, nationality and full address of the applicant,

(b) a declaration that the applicant claims to be the author of the work,

(c) a declaration that the work is original, or of the portions in respect of which originality is claimed,

(d) if an agent has been authorised, the name and address of the agent,

(e) the signature of the applicant or authorised agent with date.

Representations to Accompany Application.

124. The application must be accompanied by

(a) a representation of the artistic work showing clearly every feature for which copyright is claimed. The representation may be on a reduced scale and should, when practicable, be on or affixed to one or more sheets of stout paper of a size approximately 13 inches by 8 inches and a margin of one inch should be left clear on the left-hand side of the sheet,

In the case of an artistic work applied to a set of articles as defined by Rule 80 the representation must show all the several arrangements in which it is proposed to apply the work to the articles included in the set. If the artistic work includes a repeating surface pattern the complete pattern and a sufficient portion of the repeat in length and width must be shown.

The Controller may refuse any representation not made to his satisfaction.

(b) three additional copies of the representation and a further copy for each class of goods enumerated in the Third Schedule to these Rules, in excess of one such class, in which it is desired that refusal should be made under Section 64 (2) of any application to register under Part III of the Act a design infringing the copyright without the consent of the owner,

(c) an authority, duly given, in favour of the agent, if any,

(d) the prescribed fee or evidence of payment thereof in accordance with Rule 5, and

(e) a list of the enclosures accompanying the application.

Objections to Registration.

125. If the Controller refuses to register an artistic work or raises objections to the registration, a statement in writing of the grounds of refusal or objection shall be sent to the applicant and unless within one month from the date of such written statement the applicant applies for a hearing he shall be deemed to have withdrawn his application.

Decision on Hearing.

126. The applicant shall be notified in writing of the decision of the Controller on any hearing as aforesaid and if he is dissatisfied with the decision he may within one month from the date of such notification on payment of the prescribed fee require the Controller to state in writing the grounds of his decision and the materials used by him in arriving at the same and the date of such written statement by the Controller shall be deemed to be the date of his decision for the purpose of appeal.

Entry in Register.

127. When an artistic work has been accepted it shall be entered in the register, and a certificate of registration shall be issued to the registered owner of the copyright.

REGISTERS AND CERTIFICATES.

Entries to be Made in Registers.

128. The entries in the registers to be kept under the Act shall include in addition to the particulars specified in the Act and in these Rules such other particulars as the Controller may deem necessary or desirable and in particular the address for service, if any, and

(a) in the case of a patent, the nationality of the patentee, the title of the invention, the date of the patent, and the date of the grant thereof, and

(b) in the case of a trade mark the class or classes of goods in respect of which the mark is registered, the trade, business, profession or occupation of the proprietor and when a mark is registered as associated with any other mark or marks a note of the numbers of the marks with which it is associated and also against each of the associated marks a note of the number of the newly registered mark as being a mark associated with each of them.

Entry of a Patent Claiming Priority under Section 12 (2) or Section 152.

129. A patent granted on an application claiming the benefit of Section 12 (2) or Section 152 of the Act shall be entered on the register as of the date on which the first application in a country to which the provisions of Section 152 have been applied was made, and the due dates for payment of renewal fees and for the expiration of the patent shall subject to the provisions of the Act be reckoned as from that date. The date of the application in Saorstát Eireann shall also be entered in the register.

Death of Applicant Before Entry on Register.

130. In the event of the death of any applicant for a patent or for the registration of a design, trade mark or artistic work after the date of the application and before the patent, design, trade mark or artistic work has been entered in the appropriate register the Controller may on fulfilment of all the conditions precedent to entry and on being satisfied of the applicant's death enter in the register as the grantee, proprietor or person owning the copyright the particulars of the person entitled to the benefit of the patent, or design or of the copyright in the artistic work or of the owner of the goodwill in the business to which the trade mark relates, on such title or ownership being proved to his satisfaction.

Certificate of Registration.

131. The certificate to be issued by the Controller to the applicant on the registration of a design shall include the registered number of the design, the class or classes and the goods in respect of which registered, the date as of which registered, the term of the registration and where practicable a representation of the design and on the registration of a trade mark shall be on the Form No. 4 in the First Schedule to these Rules and shall include the registered number of the trade mark, a representation of the mark, the class or classes and the goods in respect of which registered, the date as of which registered and the term of the registration, and on the registration of an artistic work defining a design shall include the registered number of the artistic work, the date as of which registered and when practicable a representation of the artistic work.

Entry of Payment of Renewal Fee.

132. Upon the issue of a certificate of payment of a renewal fee for a patent or for an extension of the period of copyright in a design or for the renewal of the registration of a trade mark the Controller shall cause to be entered in the register a record of the date of payment of the fee on such certificate.

Entry of Apportionment of Trade Marks.

133. Upon any apportionment of trade marks under Section 100 of the Act the Controller shall insert in the register an entry in connection with each of the registered trade marks of the fact of such apportionment, and shall in such entry refer to the date of the decision under which such apportionment has taken place.

Removal of Trade Mark from Register.

134. When a trade mark has been removed from the register the Controller shall cause to be entered in the register a record of such removal and of the cause thereof.

Application to Register Assignment, etc., of Patent, Copyright in Registered Design or Trade Mark.

135. Where a person becomes entitled by assignment, transmission or other operation of law to a patent or a registered trade mark or the copyright in a registered design or as mortgagee, licensee or otherwise to any interest therein he shall make application to the Controller and pay the prescribed fee for the registration of his title. When feasible this application shall be signed jointly by the patentee or the registered proprietor or owner of the copyright and by the applicant.

The application shall contain the full name, address and nationality of the person claiming to be entitled and full particulars of the instrument, if any, under which the claim is made.

Production of Documents of Title.

136. Every assignment, and every other document containing, giving effect to, or being evidence of, the transmission of a patent, registered design or trade mark or affecting the proprietorship thereof as claimed by such application (except such documents as are matters of record in Saorstát Eireann), and an attested copy thereof shall, unless he in his discretion otherwise directs, be produced to the Controller together with the application, and he may call for the patent or certificate of registration and such additional proof of title or written consent, and in the case of a registered trade mark for such proof of the existence and ownership of the goodwill of the business to which the mark relates as he may require for his satisfaction. In the case of a document which is a matter of record in Saorstát Eireann, an official or certified copy shall be produced to the Controller.

When no Document of Title Exists.

137. When the applicant does not claim to be entitled under any document or instrument which is capable in itself of furnishing proof of his title, he shall, unless the Controller otherwise directs, either upon or with the application, state a case setting forth the full particulars of the facts upon which his claim is based, and showing in the case of a registered trade mark that the mark has been transmitted or assigned in connection with the goodwill of the business concerned. Such case shall be verified by a statutory declaration if so required by the Controller.

Entry of Title in Register.

138. When the Controller is satisfied as to the applicant's title he shall cause the applicant to be registered as proprietor, mortgagee, licensee or as otherwise entitled to an interest in the patent, design or trade mark and shall record in the register such particulars as he may consider necessary of the instrument, if any, under which the title was acquired, or such notice of interest as may appear applicable to the circumstances of the case.

Application to Register Assignment, etc., of Copyright in Artistic Work.

139. When a person becomes entitled by assignment or other operation of law to the copyright in a registered artistic work, or as mortgagee, licensee or otherwise to any interest therein, he shall notify the Controller and pay the prescribed fee for the entry of the notification in the register of artistic works.

Cancellation of Entry of Mortgage, Licence or Other Interest.

140. On the application of a patentee or the registered proprietor of a design or artistic work, and payment of the prescribed fee, the Controller may, if satisfied as to the facts, cancel the entry of a mortgage, licence or other interest, and shall on the notification by a Minister of the cancellation of a licence granted by him under Section 77 or 121 cancel any entry of such licence in the register.

Alteration of Address.

141. Every patentee and every registered proprietor of a design, trade mark or owner of the copyright in an artistic work who alters his address shall forthwith apply to the Controller to insert the new address in the register, and on payment of the prescribed fee the Controller shall alter the register accordingly.

Application for Amendment of Register under Section 128 or 179 (8) of the Act.

142. An application under Section 128 or Section 179 (8) of the Act for an amendment of the register may, on payment of the prescribed fee, be made by the patentee or registered proprietor or owner of copyright or by the trustee in bankruptcy of any such person, or when the patentee or registered proprietor or owner of copyright is a company in liquidation by the liquidator, and in other cases by such person as the Controller may decide to be entitled to act in the name of the patentee or registered proprietor or owner of copyright.

Evidence.

143. The Controller may require such evidence by statutory declaration or otherwise as he may think fit as to the circumstances in which the application is made.

Advertisement of Disclaimer or Memorandum Relating to Design or Trade Mark.

144. When the application is in respect of a disclaimer or memorandum relating to a design or trade mark the Controller before deciding thereon shall advertise the application in the Journal in order to enable any person within one month from the date of such advertisement to state in writing any grounds in opposition to such application.

Application under Section 129 (6).

145. An application to the Controller under Section 129 (6) of the Act for an amendment of the register must be in duplicate and be accompanied by the prescribed fee or evidence of payment thereof and must contain a statement setting out fully the nature of the applicant's interest, the facts upon which he bases his case and the relief which he seeks.

Searches of Registered Trade Marks.

146. The Controller, if requested in writing so to do and on payment of the prescribed fee may cause a search to be made of the registered trade marks in any class to ascertain whether any marks are on record at the date of such search which may resemble any mark sent in duplicate to him by the person requesting such search and may cause that person to be informed of the result of such search.

Inspection of Registers.

147. The registers shall be open to the inspection of the public, on payment of the prescribed fee, on every day on which the Office is open to the public during the time it is so open except at such times as the register is required for any purpose of official use.

Certificate by Controller.

148. The Controller when required otherwise than under Section 68 (1) or Section 94 of the Act or under Rules 53, 91, 118 or 127, to give a certificate as to any entry, matter or thing which he is authorised by the Act or any of these Rules to make or do or as to any public document in the Office may on receipt of a request in writing and on payment of the prescribed fee or fees give such certificate but every certificate of registration of a design, trade mark or artistic work shall have specified on the face thereof the purpose for which it is given and every application for such a certificate shall if the Controller so require be accompanied by a representation of the design, trade mark or artistic work.

Certificate for Use in Obtaining Registration of Trade Marks Abroad.

149. When a certificate is desired for use in obtaining registration of a trade mark abroad the Controller shall affix to the certificate a representation of the mark and if the mark is registered without limitation of colour the representation may be in the colour in which the mark appears in the register or in any other colour and the Controller shall state in the certificate such particulars concerning the registration of the mark as to him may seem fit.

PUBLICATION OF INVENTIONS OR DESIGNS BEFORE LEARNED SOCIETY OR AT EXHIBITION.

Notice of Intention to Publish.

150. The notice to the Controller under Section 60 or Section 76 of the Act of an intention to publish an invention by the reading of a paper before a learned society or by the inclusion of the paper in the society's transactions or to publish an invention or design at an exhibition referred to in the appropriate Section may be given on payment of the prescribed fee and shall include a brief description of the invention or design with any drawings, sketch or specimen which the Controller may require for the purpose of identifying the invention or design in the event of a subsequent application for a patent or for the registration of the design.

EXERCISE OF DISCRETIONARY POWERS BY CONTROLLER.

Notice of Hearing.

151. Before exercising any discretionary power given to the Controller by the Act or these Rules adversely to any person the Controller shall give ten days' notice, or such longer notice as he may think fit, to the person of the time when he may be heard personally or by his agent before the Controller.

Time for Reply of Person Affected.

152. Within five days from the date on which such notice would be delivered in the ordinary course of post or such longer time as the Controller may appoint in such notice the person notified shall state in writing to the Controller whether or not he desires to be heard upon the matter.

Statement by Person Affected.

153. Whether the applicant desires to be heard or not, the Controller may at any time require him to submit a statement in writing within a time to be notified by the Controller or to attend before him and make oral explanations with respect to such matters as the Controller may require.

Decision.

154. The decision of the Controller in the exercise of any such discretionary power as aforesaid shall be notified by him to the person affected and to any other person who appears to him to be affected thereby.

PROCEEDINGS BEFORE THE CONTROLLER.

Definition of "Petitioner" and "Respondent."

155. For the purposes of Rules 156 to 166 "petitioner" means, in any proceedings before the Controller in opposition to the grant of a patent or the registration of a trade mark or the restoration of a lapsed patent or the amendment of a specification of an invention or the indorsement of a patent "licences of right" or the cancellation of such an indorsement or the entry in the register of a disclaimer or memorandum relating to a design or trade mark, the person giving notice of opposition and "respondent" means the person by whom the application which is opposed was made and in proceedings relating to an application for the settlement by the Controller of the terms of a licence under a patent or for the surrender of an existing licence under a patent indorsed "Licences of right" in exchange for a licence to be settled by the Controller or for the grant of a compulsory licence under a patent or for the revocation of a patent or for the cancellation of the registration of a design or the removal from the register of a trade mark or for an amendment of a register under Section 129 (6) "petitioner" means the person making the application and "respondent" means in the case of an application by a patentee for the settlement of the terms of a licence under the patent the proposed licensee and in other cases the patentee or the registered proprietor of a design or trade mark or the registered owner of the copyright in an artistic work, and "respondent" includes in all cases any other parties to the proceedings.

Service of Statement of Case on Respondent.

156. Upon receipt by the Controller from the petitioner of the statement of his case the Controller shall send the duplicate of such statement to the respondent.

Counter-Statement.

157. If the respondent is desirous of contesting the issue he shall within fourteen days of the receipt of such duplicate statement or such further time as the Controller may allow leave at the Office a counter-statement specifying the facts, if any, in the statement of petitioner's case which are admitted and fully setting out the grounds on which the issue is contested and shall deliver to the petitioner a copy thereof.

Petitioner's Evidence.

158. The petitioner shall, within fourteen days from the delivery of such copy or within such further time as the Controller may allow leave at the Office such evidence by way of a statutory declaration in support of his case as he shall think fit and shall deliver to the respondent a copy thereof. If he fails to do so he shall unless the Controller otherwise directs be deemed to have abandoned his suit.

Respondent's Evidence in Rely and Further Evidence.

159. Within fourteen days from the delivery of such copy or such further time as the Controller may allow the respondent may leave at the Office statutory declarations in answer, and on so leaving shall deliver to the petitioner a copy thereof, and within fourteen days from such delivery or within such further time as the Controller may allow, the petitioner may leave at the Office statutory declarations in reply and on so leaving shall deliver to the respondent a copy thereof. Such last mentioned declarations shall be confined to matters strictly in reply.

Closing of Evidence.

160. No further evidence shall be left on either side except by leave or on requisition of the Controller.

Intervention by Third Parties.

161. Any person alleging an interest in a patent or a registered design, trade mark or artistic work the subject of any proceedings may on payment of the prescribed fee apply to the Controller for leave to intervene in the proceedings, and such application shall be in writing and shall set out fully the interest alleged. The Controller may, after hearing the parties if necessary, refuse such leave or grant leave upon such conditions and terms as he shall think fit, and before dealing with the application he may require the party to give an undertaking to pay any costs which he may award against him.

Translations of Documents.

162. Where a document in a foreign language is referred to in any statement or declaration filed in connection with any proceeding an attested translation in duplicate shall be furnished.

Exhibits.

163. Where there are exhibits to declarations filed in any proceedings, copies or impressions of such exhibits shall be sent to the other party on his request or, if such copies or impressions cannot conveniently be furnished, the originals shall be sent to the Office so that they may be open to inspection. The original exhibits shall be produced at the hearing unless the Controller otherwise directs.

Hearing.

164. On completion of the evidence or at such other time as he may see fit the Controller shall if the issue is in dispute appoint a time for the hearing of the case and give the parties ten days' notice at least of such appointment, and in the event of his deciding to take oral evidence in lieu of or in addition to the evidence by declaration or to allow any declarant to be cross-examined on his declaration he may require the attendance of any declarant or other person he may consider desirable. If either party does not desire to be heard he shall as soon as possible notify the Controller to that effect. If either party desires to be heard he must before the date appointed for the hearing give notice at the Office and pay the prescribed fee and the Controller may refuse to hear either party who has not complied with this condition. If either party intends to refer at the hearing to any publication other than a specification of an invention or a publication already mentioned in the proceedings, he shall give to the other party and to the Controller five days' notice at the least of his intention together with details of each publication to which he intends to refer. After hearing the party or parties desirous of being heard or if neither party desires to be heard or if the issue is not in dispute then without a hearing the Controller shall decide the case and notify his decision to the parties.

Extension of Time.

165. Where in any proceedings any extension of time is granted to any party the Controller may thereafter, if he thinks fit, without giving the said party a hearing grant any reasonable extension of time to the other party in which to take any subsequent step.

Costs in Uncontested Cases.

166. In the event of the issue being uncontested by the respondent the Controller in deciding whether costs should be awarded to the petitioner shall consider whether proceedings might have been avoided if reasonable notice had been given by the petitioner to the respondent before the proceedings were instituted.

APPEALS TO MINISTER.

Statement of Grounds of Controller's Decision.

167. A person intending to appeal to the Minister from any decision of the Controller in a matter in respect of which a right of appeal to the Minister is given by the Act or these Rules shall in the first, instance apply to the Controller for a hearing on the matter at issue and shall obtain from the Controller a decision in writing stating the grounds of the decision.

Statement of Grounds of Appeal.

168. If he is dissatisfied with that decision he shall within one month from its date leave with the Minister a statement in writing of the grounds of appeal and of his case in support thereof accompanied by a copy of the decision of the Controller and, if the appeal is from a refusal or conditional acceptance of an application for the registration of a trade mark, by two representations of the mark. Copies of all documents lodged with the Minister shall at the same time be left with the Controller together with the prescribed fee or evidence of payment thereof.

Time for Appeal.

169. No appeal shall be entertained unless a statement of the grounds of appeal has been lodged within the time specified in the preceding Rule or such extended time as the Controller may allow except by special leave of the Minister.

Directions by Minister.

170. The Minister may give such directions, if any, as he shall think fit in regard to parties and evidence or otherwise for the purpose of the hearing of the appeal by him or for the purpose of referring it to the Court for determination.

Notice of Hearing.

171. When the Minister intends to hear the appeal, seven days' notice or such shorter notice as he may in any particular case direct, shall be given to the Controller and to the appellant.

APPLICATIONS AND APPEALS TO COURT.

Notice of Application to Court.

172. Every application to the Court under the Act shall be served on the Controller.

Time for Appeal to Court.

173. Wherever the Act provides that an appeal to the Court may be made in the prescribed manner notice of motion in the usual way must be made within one month from the date of the decision appealed against or within such further time as the Controller shall allow.

Notice of Order of Court.

174. When an order has been made by the Court in any matter under the Act the person in whose favour such order has been made or, if more than one, such person as the Controller may direct, shall forthwith leave at the Office an office copy of such order together with the prescribed fee for any necessary entry or alteration in the register. The Controller shall thereupon make any necessary alteration or rectification of the register or enter the purport of the order in the register or make or permit such other alteration or take such proceedings as may be necessary to give effect to the order.

Publication of Order of Court.

175. When any order has been made by the Court under the Act the Controller may if he thinks it desirable that such order should be made public publish it in the Journal.

APPEALS WITHDRAWN.

Notice of Withdrawal of Appeal.

176. When under Section 85 (5) or Section 91 (8) of the Act an appellant is entitled to withdraw his appeal such withdrawal shall be effected by notice given to the Controller and to all other parties, if any, to such appeal within fourteen days after the leave to take further grounds of objection referred to in the section has been given by the tribunal.

Dated this twenty-seventh day of September, 1927.

GORDON CAMPBELL,

Secretary,

Department of Industry and Commerce:

The Minister for Finance hereby sanctions Rules Nos. 4, 5, 20 and 21.

J. J. McELLIGOTT,

Secretary,

Department of Finance.

THE FIRST SCHEDULE.

FORM NO. 1.

FORM OF APPLICATION FOR PATENT ACCOMPANIED BY PROVISIONAL SPECIFICATION.

I (or we) ............................................................ .........................................................

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

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

declare that I am (or we are) in possession of an invention which has been communicated to me (or us) by (omit words in italics if inapplicable).

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

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

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

and of which ............................................................ ............................................................ .

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

claim(s) to be the true and first inventor(s) and the title of which is

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

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

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

and I (or we) apply for the issue to me (or us) of a ............................................................ 

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

for the said invention.

I (or we) have appointed ............................................................ ................................

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

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

to act as my (or our) agent in respect of this application and enclose an authority duly given in his (or their) favour.

I (or we) desire that all communications relating to this application and to any proceedings thereon be sent to the following address in Saorstát Eireann ..................................................

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

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

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

Two copies of a provisional specification (and drawings, if any) relating to the invention are enclosed.

I (or we) declare that the invention is not in use in Saorstát Eireann by any other person to the best of my (or our) knowledge and belief.

intend to apply

I (or we) do not intend to apply for a British patent for the

have applied

invention.

The prescribed fee of 15/- (or evidence of payment) and a list of the enclosures accompanying this application are attached.

Dated the ..................... day of ............................................................ ........ 19 ......

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

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

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

To

The Controller of Industrial and Commercial Property, 45 Merrion Square, Dublin.


FORM NO. 2.

FORM OF APPLICATION FOR PATENT ACCOMPANIED BY COMPLETE SPECIFICATION.

I (or we) ............................................................ .................................................

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

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

declare that I am (or we are) in possession of an invention which has been communicated to me (or us) by           

(omit words in italics if inapplicable),

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

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

and of which ............................................................ ...................................................

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

claim(s) to be the true and first inventor(s) and the title of which is ...................................

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

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

and I (or we) apply for the issue to me (or us) of a         

(insert " Patent " or " Patent of Addition)

for the said invention.

I (or we) have appointed ............................................................ .................................

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

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

to act as my (or our) agent in respect of this application and enclose an authority duly given in his (or their) favour.

I (or we) desire that all communications relating to this application and to any proceedings thereon be addressed to the following address in Saorstát Eireann ............................................

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

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

Two copies of a complete specification and drawings relating to the invention are enclosed.

I (or we) have applied for protection of the invention in the following other countries:—

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

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

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

and I (or we) request that any patent granted to me (or us) on this application shall bear the date ............................................................ .......................... .........................................................

I (or we) declare that the invention has not been used in Saorstát Eireann by any other person to the best of my (or our) knowledge and belief prior to ............................................................ ..

I (or we) have applied for a British patent for the invention and the application is pending or has been refused or has been granted and a copy of the specification and drawings on which the patent was granted certified to that effect by the Comptroller-General of the Patent Office in London is enclosed.

The prescribed fee of £3 (or evidence of payment) and a list of the enclosures accompanying this application are attached.

Dated the ..................................... day of .............................................. 19 ......

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

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

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

To

The Controller of Industrial and Commercial Property, 45 Merrion Square, Dublin.


FORM NO. 3.

FORM OF APPLICATION FOR RESULT OF SEARCH UNDER SECTION 19, SECTION 20 OR SECTION 21.

I (or we) enclose the prescribed fee of One pound (or evidence of payment thereof) and request that I (or we) be informed of the result of the search made under Section 19 (which relates to documents to accompany specifications) or under Section 20 (which relates to investigation of specifications published previous to application), or under Section 21 (which relates to investigation of specifications published subsequent to application) in connection with the application of

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

dated the ............................................ day of .................................................... 19 ...........

for a patent for an invention entitled ............................................................ ........................

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

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

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

Dated this ........................................ day of ..................................................... 19 ......

(Signed) ............................................................ ...........................................................

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

FORM NO. 4.

FORM OF CERTIFICATE OF REGISTRATION OF A TRADE MARK.

I certify that the Trade Mark No. ............................................................ ................

as below, has been registered as of the date ................................................... 19 ..................

in the name of ............................................................ .........................................................

of ............................................................ ............................................................ ................

in Class .... ............. in respect of the following goods:

TRADE MARK

[Representation of the Mark to be shown here.]

This registration is valid for a term of fourteen years from the above mentioned date.

Witness my hand, this ............................................. day of September, 19 ......

Controller of Industrial and Commercial Property.

Dated this twenty-seventh day of September, 1927.

GORDON CAMPBELL,

Secretary,

Department of Industry and Commerce.


THE SECOND SCHEDULE.

FORM OF PATENT.

SAORSTAT EIREANN.

WHEREAS ............................................................ .................................................

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

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

has pursuant to the Industrial and Commercial Property (Protection) Act, 1927 , applied for the grant of a patent in respect of an invention entititled ............................................................ 

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

and more particularly described in his specification and has complied with the requirements of the said Act.

NOW THEREFORE this Patent is granted to the said applicant in respect of the said invention and shall, subject to the provisions of the said Act, operate and have effect during the period of sixteen years from the ..................... day of ............................................. 19 ......

(a) to confer on him his executors, administrators and assigns (herein collectively referred to as the grantee) the full, sole, and exclusive right, power and authority by himself, his agents or licensees at all times so long as the patent remains in force to make, use, exercise, and vend in Saorstát Eireann the invention in respect of which the patent is granted;

(b) to confer on the grantee the sole right to have and enjoy the whole profit and advantage from time to time accruing by reason of the said invention during such period as the patent remains in force;

(c) to prohibit all persons whatsoever in Saorstát Eireann while the patent remains in force from making use of or putting in practice the said invention or any part thereof, or in anywise imitating the same, or in anywise representing or pretending themselves to be the inventors of the said invention or of the said invention with any addition thereto or subtraction therefrom without the consent, licence or agreement of the grantee in writing under his hand and seal;

(d) to make all persons who, while the patent remains in force, shall, in Saorstát Eireann, in anywise infringe any right, power, or authority expressed to be hereby conferred on the grantee or do any act, matter or thing the doing of which is expressed to be hereby prohibited, answerable according to law to the grantee for such infringement or doing of such act, matter, or thing.

IN WITNESS WHEREOF I have caused my official seal

to be hereunto affixed the ............ day of ......................

............... 19 ......

Controller of Industrial and Commercial Property.

Dated this twenty-seventh day of September, 1927.

GORDON CAMPBELL,

Secretary,

Department of Industry and Commerce.


THE THIRD SCHEDULE.

CLASSIFICATION OF GOODS FOR THE REGISTRATION OF DESIGNS.

1. Heating, cooking, ventilating and drying appliances.

2. Lighting appliances.

3. Machines, tools, cutlery, nuts, bolts, tubes, traps, funnels, watering cans, churns.

4. Instruments and appliances, electrical, scientific, optical, voice reproduction, medical, mathematical, measuring, gauging, horological, weighing, signalling, calculating, musical, fire-alarm and extinguishing, disinfecting.

5. Conveyances and their parts and accessories.

6. Carriers and containers, stoppers and lids.

7. Buildings and constructional materials, monuments and memorial objects.

8. Furniture, furnishings, and household fittings and appliances, racks, brackets, stands, frames, ornaments, coffins, animal feeders, beehives.

9. Table services, plate, chinaware, earthenware, pottery, glassware, and wired glass.

10. Boots and shoes, clothing and attachments, articles for personal and animal use or consumption.

11. Stationery and printing appliances, books and bookbinding, drawing boards and pins, indicators and labels, advertising devices, book and game markers, gymnastic and sport appliances, firearms and projectiles, games and toys.

12. Wallpapers.

13. Textile piece goods.

14. Lace.

Dated this twenty-seventh day of September, 1927.

GORDON CAMPBELL,

Secretary,

Department of Industry and Commerce.

THE FOURTH SCHEDULE.

CLASSIFICATION OF GOODS FOR THE REGISTRATION OF TRADE MARKS.

CLASS 1.

Produce of agriculture, forestry, horticulture and animal raising; fertilisers; hides; skins; bladders; furs; leather, real and artificial; wool; hair; down; feathers; upholstery and stuffing materials; saddlery; whips; straps; leather goods; bags.

Conveyances by land, air and water, and their parts; automobiles and cycles, and their parts and accessories.

Gymnastic and sport appliances; firearms; explosives; projectiles; ammunition; fireworks; games and toys.

Paper, papier mâché, cardboard and their manufactures; raw and partly prepared materials for paper manufacture; printed and photographic productions; playing cards; binding; sign-plates; type; printing blocks; art productions.

Cigarette papers.

Writing, drawing, painting and modelling supplies; office and counter appliances (other than furniture); teaching appliances, chalk (for billiards and marking).

CLASS 2.

Meats and their extracts; fish; vegetables and fruits, fresh and dried; fruit extracts; jams, ices; ice, natural and artificial; animal foods.

Preserved foods.

Eggs; milk; butter; cheese; margarine; oils and fats for human consumption.

Coffee; coffee preparations; tea; sugar; syrups; honey; flour; groceries; food pastes; spices; sauces; vinegar; mustard; household salt.

Cocoa; chocolate; confectionery; sugar preparations; breads; cakes; biscuits; yeast; baking powder.

CLASS 3.

Wines.

Spirits.

Beers; ciders, mineral and aerated waters; non-alcoholic drinks.

CLASS 4.

Apparatus, instruments and appliances for medical, dental, health, life saving, disinfecting and fire extinguishing purposes; bandages; artificial limbs, eyes and teeth.

Medicaments; chemical and mineral products for medicinal and hygienic uses; pharmaceutical drugs and their preparations; dietetic foods; malt; plasters; materials for bandages; animal and plant exterminators; disinfectants; preservatives for food.

CLASS 5.

Chemical products for industrial, scientific and photographic purposes; fire extinguishing substances; tempering and jointing substances; gum, rubber and their manufactures for technical uses; mineral raw products; substances for dental casts and tooth filling.

Dyes; colours; paints; leaf metal; varnishes; lacquers; stains; blacking; leather preservatives and tanning preparations.

Soaps; perfumery; distilled oils; cosmetics.

Washing and bleaching substances; starch and starch preparations; colouring substances for washing; detergents; cleaning and polishing substances; preparations for removing stains; rust preventives; scourers; sharpening substances; resin; adhesives.

CLASS 6.

Ores, unwrought and partly wrought common metals; iron rails and railway materials; small iron wares; locksmith and smithy work; locks; metal fittings; anchors; chains; roller bearings; metal attachments for harness; armour; bells; safes and cash boxes; machine-made metal parts; rolled and cast metal building parts; metal moulds; skates; horse shoes; nails; hooks and eyes; metal cables; wire; wire goods.

Wares of common metals; household and kitchen implements; stable, garden and agricultural implements.

Cutlery; scythes; sickles; shears; swords, rapiers and bayonets; fish hooks; needles and pins.

Hand and machine tools.

Machinery and parts; automatic machines; machine belting; hose.

Instruments and appliances for physics and chemistry, optics, surveying and measuring, navigation, weighing, signalling, control, photography and voice reproduction.

Instruments and appliances for electrotechnology.

Musical instruments and their parts (including strings).

CLASS 7.

Apparatus and appliances for lighting, heating, ventilation, cooking, refrigeration and drying; water supply, bath and lavatory installations and accessories; filters; lifts; heat conserving and insulating materials; stopping and packing materials; asbestos manufactures.

Fuels, kindling materials; lighting substances; wax candles; night-lights; wicks; oils and fats for industrial use; lubricants, benzine.

Gravel; lime, cement; stone, real and artificial; plaster; pitch; asphalt; tar; wood preservatives; roofing compositions; chimneys; materials and joinery for building; movable buildings.

Furniture; mirrors; porcelain, clays, glass, mica and manufactures thereof; upholstered goods; wallpapers; tapestries; beds; carpets; mats; linoleum; waxed and oiled cloths; covers for beds and tables; curtains and hangings; flags; tents; sails; sacks; coffins; bristles; brushware (including artists' brushes).

Clocks, chronometers, watches and their parts; precious metals; gold, silver, nickel, and plated wares; genuine and imitation jewellery; trinkets; goods of wood, bone, ebony, cork, horn, shell, whalebone, ivory, mother-of-pearl, amber, meerschaum, celluloid, and similar materials; combs; sponges; toilet appliances; turnery; carved and basket work; picture frames; figures and busts for dress and hairdressing display.

CLASS 8.

Yarns of silk, wool, linen, cotton, hemp, jute and other fibres and hair; ropes; cords; threads; nets.

Piece goods of silk, wool, linen, cotton, hemp, jute and other fibres and hair; felts.

Footwear and accessories.

Hosiery, underwear and knitted goods; headwear; millinery; coiffures; ornamental feathers; artificial flowers.

Outer garments; personal, table and bed linen and substitutes; haberdashery; ribbons; trimmings; buttons; lace; embroidery; corsets; ties; braces; gloves; sticks; umbrellas; outdoor accessories.

CLASS 9.

Cigars.

Raw and manufactured tobacco.

Dated this twenty-seventh day of September, 1927.

GORDON CAMPBELL,

Secretary, Department of Industry and Commerce.

THE FIFTH SCHEDULE.

THE HERALDIC CONVENTION: REPRESENTATION OF COLOURS.

v13p0576a.gif

BLACK (SABLE).

Lines horizontal and perpendicular crossing each other.

CHESTNUT OR DEEP ORANGE (TENNE).

Diagonal lines from right to left and horizontal lines crossing.

v13p0576c.gif

BLUE (AZURE).

Horizontal lines.

PURPLE (PURPURE).

Diagonal lines from right to left.

v13p0576e.gif

DARK BROWN (MURREY OR SANGUINE).

Diagonal lines crossing each other.

RED (GULES).

Vertical lines.

v13p0576g.gif

GREEN (VERT).

Diagonal lines from left to right.

WHITE (ARGENT).

Plain ground.

YELLOW OR GOLD

(OR)

Dotted ground.

v13p0576i.gif

Intermediate colours should, as far as possible, be shown by increasing or diminishing the intensity of the lines.

Dated this twenty-seventh day of September, 1927.

GORDON CAMPBELL,

Secretary, Department of Industry and Commerce.


THE SIXTH SCHEDULE.

List of fees payable in respect of the grant of patents and the registration of designs, trade marks and artistic works and of other matters in relation thereto.

PATENTS.
£ s. d.

1. On application accompanied by provisional specification ...

0 15 0
2. On filling complete specification thereafter ... ... ... 2 5 0
3. On application accompanied by complete specification ... 3 0 0
4. On application for result of search under Section 19, 20 or 21 1 0 0
5. On sealing of patent ... ... ... ... ... ... 1 0 0
*6. On application for certificate of renewal:—

Before the expiration of the fourth year from the date of the patent and in respect of the fifth year ...

3 15 0

rising thereafter annually by 15/- and being payable before the end of the current year in respect of the succeeding year and reaching in respect of the sixteenth year ... ... ... ... ... ...

12 0 0

and in the case of an extension of the term under

Section 34 reaching in respect of the twenty-first year ... ... ... ...

15 15 0

and in the twenty-sixth year

19 10 0
7. On application for the restoration of a lapsed patent ... 10 0 0
8. On application to amend specification:—
Up to sealing: By applicant ... ... ... ... 1 0 0
After sealing: By patentee ... ... ... ... 2 0 0

9. On request for indorsement of patent "Licences of right" or on application for settlement of terms of licence under patent indorsed "Licences of right" or on application for cancellation of indorsement or on application for a compulsory licence under Section 43 or on application for a licence under Section 55 (2) ... ... ... ... ...

3 0 0

10. On application to surrender a patent under Section 42 or on application for the revocation of a patent under Section 42 or 43 ... ... ... ... ... ... ... ...

1 0 0

*One half of these fees payable on patents indorsed "Licenses of right."

DESIGNS.

11. On application to register one design to be applied to a single article or an additional article in a Class, or under Section 66 ... ... ... ... ... ... ... ...

10 0

12. On application to register one design to be applied to a set of articles in a Class ... ... ... ... ... ...

1 0 0

13. On application for extension of period of copyright for a second period of five years ... ... ... ... ...

2 0 0

14. On application for extension of period of copyright for a third period of five years ... ... ... ... ...

5 0 VA:BO>0

15. On application by proprietor for cancellation of a registration ... ... ... ... ... ... ... ...

5 0
16. On application for cancellation of registration under Section 75 ... ... ... ... ... ... ... ... 2 0 0
TRADE MARKS.

17. On application to register a trade mark or series of trade marks, in respect of each class in which registration is desired ... ... ... ... ... ...

1 0 0

18. For the registration of a trade mark or series of trade marks (including registration under Section 89):—

For one mark, in respect of each class ... ... ...

For each additional mark in a series, in respect of each class ... ... ... ... ... ... ... ...

2

0

0

5

0

0

19. On application for renewal of the registration of a mark or series of marks at the expiration of last registration:—

For one mark in respect of each class ... ... ...

For each additional mark in a series, in respect of each class ... ... ... ... ... ... ... ...

2

0

0

2

6

20. On request for leave to amend application or for the entry of disclaimer or by the proprietor of a trade mark for the cancellation of the whole or part of a registration ...

10 0

21. On application for leave to add to or to alter one or more marks of the same proprietor, the addition or alteration being similar:—

For one mark, in respect of each class ... ... ...

For each additional mark in respect of each class ...

2

1

0

0

0

0

22. On application for apportionment of trade marks under Section 100 ... ... ... ... ... ... ...

5 0 0

23. On application to the Controller for removal of a trade mark from the register under Section 109 or 111 ... ... ...

3 0 0

24. When the block required under Rule 108 exceeds two inches in either breadth or depth

For every inch or part of an inch over two inches in breadth and for every inch or part of an inch over two inches in

depth ... ... ... ... ... ... ... ...

0

0

4

4

0

0

COPYRIGHT.
25. On application to register an artistic work ... ... ... 0 10 0
26. On application by registered owner to cancel registration ... 0 10 0

ENLARGEMENTS OF TIME.

27. On application for an extension of time for leaving amended specification under Rule 39 or notifying acceptance of an amendment or reference under Rule 40 or for completion of the registration of a design, or for the payment of a fee for the extension of the period of copyright in a design, not exceeding the permitted extension, for each month ... ... ... ... ... ... ... ...

0 10 0

28. On application for an extension of time for leaving documents under Rule 28, or for leaving a complete specification or for the acceptance of a complete specification or for the sealing of a patent, or for the payment of a renewal fee in respect of a patent, not exceeding the permitted extension, for each month ... ... ... ...

1 0 0

29. Additional fee under Rule 116 ... ... ... ... ...

1 0 0

30. Additional fee under Rule 117 ... ... ... ... ...

2 0 0
NOTICES OF OPPOSITION.

31. On notice of opposition to the grant of a patent, or to an application for the restoration of a lapsed patent, or to the amendment of specification or to the indorsement of a patent "Licences of right" or to the cancellation of an indorsement "Licences of right" or to the registration of a trade mark or to the entry in the register of a disclaimer or memorandum relating to a design or trade mark ... ... ... ... ... ... ... ...

1 0 0
ENTRIES IN REGISTERS.

32. On application under Section 45 (4) for entry in register of particulars of patent ... ... ... ... ... ...

1 0 0

33. On application for entry in a register of the name of a subsequent proprietor of a patent or registered design, trade mark or artistic work or of notice of mortgage, licence or other document

(a) if made within six months of the acquisition of the interest or of the date of the documents or of the coming into force of these Rules:—

In respect of one entry ... ... ... ...

For each additional similar entry ... ... ...

(b) if made subsequently:—

In respect of one entry ... ... ... ...

For each additional similar entry ... ... ...

1

0

5

0

0

2

0

2

0

6

0

6

34. On application by a patentee or the proprietor of a registered design, trade mark or artistic work for cancellation of an entry or for the rectification of a register not otherwise charged or by a mortgagee, licensee or other person having a registered interest for removal of his name ... ... ... ... ... ... ...

0 10 0

35. On application by a patentee or the proprietor of a registered design, trade mark or artistic work to alter a name or address or address for service or to enter a second address for service in a register when there has been no change of proprietorship or for noting in the register that trade marks are associated:—

For one entry ... ... ... ... ... ... ...

For each additional similar entry ... ... ... ...

0

0

5

2

0

6

36. On application under Section 129 (6) by a person other than the patentee or registered proprietor of a design, trade mark or artistic work for the rectification of a register

1 0 0

37. For each entry in a register in pursuance of an Order of Court ... ... ... ... ... ... ... ...

0 10 0
EXHIBITIONS, &c.

38. On notice of intention to publish an invention before learned society or at exhibition under Section 60 ... ... ...

1 0 0

39. On notice of intention to publish an unregistered design at exhibition under Section 76 ... ... ... ... ...

0 5 0
HEARINGS BY CONTROLLER.

40. On notice of intention to attend at a hearing by the Controller in any proceedings referred to in Rule 155 or under Section 42 (3), Section 43 (10) or Section 55 (2), by each party ... ... ... ... ... ... ...

2 0 0

41. On application for leave to intervene in any proceedings before the Controller ... ... ... ... ... ...

2 0 0
APPEALS.

42. On application to Controller to state grounds of decision under Rule 87, 105, 126 or 167 for the purpose of an appeal ... ... ... ... ... ... ... ...

0 10 0

43. On appeal from Controller to Law Officer or Minister ...

3 0 0
CERTIFICATES, COPIES, &c.

44. For certificate of Controller under Rule 148 or 149 ...

0 10 0

45. For duplicate grant of a patent ... ... ... ... ...

2 0 0

46. For certified copy of registration of a design, trade mark or artistic work ... ... ... ... ... ... ...

0 10 0

47. For office copies of documents, for each 100 words or less (minimum charge 1/-) ... ... ... ... ... ...

0 0 6

48. For certifying office copies MSS., typed or printed, each

0 2 6

49. For search of registered trade marks under Rule 146

1 0 0

50. On application under Section 74 when registered number of design is furnished ... ... ... ... ... ...

0 5 0

51. On application under Section 74 when registered number is not furnished ... ... ... ... ... ... ...

0 10 0

52. For inspection of a register or other document open to inspection (except inspection under the second paragraph of Section 73 (1) of the Act) or for making a search amongst any classified representations of trade marks, for every quarter of an hour ... ... ... ... ...

0 1 0

53. Published specification and drawings relating to a patent issued by the Office, each copy ... ... ... ... ...

0 1 0

If in the case of a design registered under Section 66 or a trade mark registered under Section 89 of the Act the period of such registration will expire within one year from the date of the commencement of the Act one half only of the fee chargeable as above in respect of such registration shall be payable.

Dated this twenty-seventh day of September, 1927.

GORDON CAMPBELL,

Secretary,

Department of Industry and Commerce.

J. J. McELLIGOTT,

Secretary,

Department of Finance.