Contents of Request.

106. Every such request shall state the name, address, and description of the person claiming to be entitled to the patent, or to any share or interest therein or license thereunder, and the particulars of the assignment, transmission, or other operation of law, by virtue of which he claims to be entered in the Register as proprietor or licensee, so as to show the manner in which, and the person or persons to whom, the patent, or licence thereunder, or the share or interest therein, has been assigned or transmitted.

Transfer of Deed.

107. Every assignment of a patent, or of any licence, or of any share or interest therein, shall be by deed, and shall be under the hand and seal of the assignor and transferee, and be attested; provided that any assignment of a patent may be indorsed on the back of the patent in the Form T in the Second Schedule, under the hand and seal of the proprietor of the patent and the transferee.

Production of Documents of Title and Other Proof.

108. Every assignment and every other deed and document containing, giving effect to, or being evidence of, the transmission of a patent, or affecting the proprietorship thereof, including every patent indorsed as provided by section 21 of the Act, but excepting such documents as are matters of record, shall, before any entry is made pursuant to a request, unless the Commissioner in his discretion otherwise directs, be produced to him, together with the request, and such other proof of title as he requires for his satisfaction.

As to a document which is a matter of record, an official or certified copy thereof shall be produced to the Commissioner.

Copies for Patent Office.

109. An attested copy of every deed and document affecting the proprietorship of any patent, or of any share or interest or licence thereunder, shall be left with the request.

Entry of Orders of the Court.

110. When an order has been made by the High Court, or the Supreme Court, or a Justice thereof, for the extension of a patent or part of a patent for a further term, or for the grant of a new patent, or for the revocation of a patent, or for the rectification of the Register, or otherwise affecting the validity or proprietorship of a patent, the person in whose favor such order has been made shall forthwith leave at the Patent Office an office copy of the order. The Register shall thereupon be rectified, or the purport of the order shall be entered in the Register, as the case requires.

Entry of Date of Payment of Renewal Fees.

III. Upon the issue of a certificate of payment of any renewal fee, the Commissioner shall cause to be entered in the Register a record of the amount and date of payment of the fee.

Entry of Failure to Pay Fees.

112. If a patentee fails to make any prescribed payment within the prescribed time, a notification of the fact shall be entered in the Register.

Entry of Licenses and Other Documents.

113. A copy of every licence granted under a patent, or of any other document purporting to affect the proprietorship of a patent, shall be left at the Patent Office,

with a request in the Form R in the Second Schedule that a notification thereof may be entered in the Register. The accuracy of such copy shall be certified in such manner as the Commissioner directs, and the original document shall, at the same time, be produced and left at the Patent Office, if required, for further verification.

Hours of Inspection of Register.

114. The Register of Patents shall be open to the inspection of the public during office hours on every day during which the Patent Office is open, except on the days and at the times following:

(a) Days which are from time to time notified by a placard posted in a

conspicuous place at the Patent Office.

(b) Times when the Register is required for any purpose of official use.

Certified Copies of Documents.

115. Certified copies of any entry in the Register, or certified copies of, or extracts from, patents, specifications, disclaimers, affidavits, declarations, and other public documents in the Patent Office, or of or from Registers and other books kept there, may be furnished by the Commissioner, on payment of the prescribed fee.

PAYMENT OF RENEWAL FEE FOR CONTINUANCE OF PATENT.
Payment of Fees.

116. If a patentee intends to keep his patent in force after the expiration of the seventh year from the date thereof, he shall, before the expiration of that year, pay the renewal fee.

Enlargment of Time for Payment of Fees.

117. An application for enlargement of the time for making the prescribed payment may be in the Form P in the Second Schedule, and shall be accompanied by the prescribed fee for such enlargement. The application shall state in detail the circumstances in which the patentee by accident, mistake, or inadvertence, failed to make such payment, and the Commissioner may require the patentee to substantiate, by such proof as he thinks necessary, the allegations contained in the application for enlargement.

Certificate of Payment.

118. The Commissioner shall give to the patentee paying the renewal fee a certificate that it has been paid.

COMPULSORY LICENCES AND REVOCATION OF PATENTS.

Petition for Compulsory Licenses or Revocation of Patent.

119. A petition to the Commissioner for an order under section 87 of the Act may be in Form L in the Second Schedule, and shall clearly show the nature of the petitioner's interest, and the grounds upon which he claims to be entitled to relief; and shall state in detail the circumstances of the case, the terms upon which he asks that an order be made, and the purport of the order asked for, and the name and address of the patentee, and of every other person against whom the order is sought.

To Be Left With Evidence at the Patent Office.

120. The petition, and an examined copy thereof, shall be left at the Patent Office, accompanied by affidavits or declarations in proof of the allegations con

tained in the petition, together with any other documentary evidence in support; and the petitioner shall deliver copies of the petition and documents accompanying it to each respondent.

Evidence of Patentee or Other Person Against Whom Default is Alleged.

121. The persons to whom such copies are delivered by the petitioner may, within fourteen days after being invited to do so by the Commissioner, leave at the Patent Office affidavits or declarations in answer to the petition, and, if they do so, shall deliver copies thereof to the petitioner.

Petitioner's Evidence in Reply.

122. The petitioner may, within fourteen days after the leaving of the respondent's affidavits or declarations, leave at the Patent Office his affidavits or declarations in reply, and deliver copies thereof to the respondents. Such last-mentioned

affidavits or declarations shall be confined to matters strictly in reply.

Closing of Evidence.

123. No further evidence shall be left on either side, except by leave of the Commissioner upon the written consent of the parties duly notified to him, or by special leave of the Commissioner, on application made to him for that purpose.

Further Proceedings.

124. The Commissioner shall, if the petition is not abandoned, hear the parties and deal with the petition as directed by section 87 (2) of the Act.

GENERAL.

Manner of Sending Notices, etc.

125. Any application, statement, notice, or other document, authorized or required to be left, made, or given at the Patent Office, or to the Commissioner, or to any other person, under these Regulations, may be sent by a prepaid 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 it would be delivered in the ordinary course of post.

Amendment of Documents.

126. Any document, 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 Commissioner may be obviated without detriment to the interests of any person, may be corrected, if, and on such terms as, the Commissioner thinks fit.

Enlargement of Time for Leaving or Accepting Complete Specification. 127. An application for enlargement of the time for leaving or accepting a complete specification shall be lodged in the Patent Office seven clear days before the original time for leaving or acceptance expires, and shall state in detail the circumstances and grounds in and upon which the enlargement is applied for; and the Commissioner may require the applicant to substantiate such allegations by such proof as the Commissioner thinks necessary.

Commissioner May Enlarge Time.

128. The time prescribed by these Regulations for doing any Act, or taking any proceeding thereunder, may be enlarged by the Commissioner if he thinks fit, and upon such notice to other parties and proceedings thereon, and upon such terms,`as he directs.

Notice to Commissioner of Application for Rectification of Register.

129. Four clear days' notice of every application to the Supreme Court for rectification of the Register of Patents shall be given to the Commissioner.

Power of Commissioner to Dispense with Evidence, etc.

130. Where, under these Regulations, any person is required to do any act or thing, or to sign any document, or to make any declaration or any document or evidence is required to be produced to, or left with, the Commissioner, or at the Patent Office, and it is shown, to the satisfaction of the Commissioner, that, from any reasonable cause, such person is unable to do such act or thing, or to sign such document, or make such declaration, or that such document or evidence cannot be produced or left as aforesaid, it shall be lawful for the Commissioner, and upon the production of such other evidence, and subject to such terms as he thinks fit, to dispense with any such act or thing, document, declaration, or evidence.

Agency.

131. All documents, with the exception of the documents required by the Act or Regulations to be signed by the applicant, may be signed by, and all attendances upon the Commissioner may be made by or through a patent attorney, solicitor, or other person duly authorized to the satisfaction of the Commissioner and resident in the Commonwealth, and, if the Commissioner so requires, in or near the city in which the Patent Office is established.

(To be continued.)

United States Practice.

EX PARTE GIRARDOT.

Decided March 25, 1905.

115 O. G., 1584.

APPLICATION-OATH-STATEMENTS CONCERNING FOREIGN APPLICATIONS AND PATENTS OF SAME INVENTOR.

Where the applicant in his oath cited his foreign application and stated that no other foreign application had been filed and that no patent had been granted upon an application filed in any foreign country more than twelve months before the date of the domestic application, Held that the applicant has made every allegation respecting his foreign applications and patents required by the rule or by the decision in the case of ex parte Levenstein and Naef (110 O. G., 1726) and the notice concerning this decision in the Official Gazette, volume 110, page 2239, when said decision and notice are properly construed, and the requirement that he should further state that the foreign application was not filed more than twelve months prior to the filing of the domestic application is improper.

ON PETITION.

METHOD OF MOUNTING AND AUTOMATICALLY ADJUSTING THE LAMPS OF MOTOR ROAD-VEHICLES.

Messrs. Richards & Co. for the applicant.

ALLEN, Commissioner:

This is a petition from the action of the Primary Examiner objecting to the oath filed with the above-entitled application.

The Examiner's objection relates to the statements concerning the inventor's applications and patents in foreign countries. The inventor has sworn that he does not know and does not believe that the invention or discovery has been patented in any country foreign to the United States on an application filed twelve months before this application and that an application for patent upon his invention has been filed by him or his representatives or assigns in any country foreign to the United States, except one in France identified by date and number, the date given being within twelve months of the date of the application in this country. The Examiner's objection is that the oath does not positively state that the foreign application mentioned was not filed more than twelve months prior to the filing of this application.

The Examiner's position is not well taken. There is no good reason for requiring the applicant to state, in addition to the statements already made, that his foreign application was not filed more than twelve months before the filing of the application in this country. If the foreign application had been filed outside of the twelve-months period, the application here would nevertheless be entitled to full consideration, no patent having issued upon the foreign application. In citing his foreign application, in stating that no other foreign application has been filed and that no patent has been granted upon an application filed in any foreign country more than twelve months before the date of the domestic application the applicant has made every allegation respecting his foreign applications and patents required by the rule. The Examiner based his action upon ex parte Levenstein and Naef (110 O. G., 1726) and the notice concerning this decision published in the Official Gazette, volume 110, page 2239. This decision and notice should not, however, be interpreted to require more than the applicant has already done in this

case.

The petition is granted.

Books and Pamphlets Received.

Copyright in Congress, 1789-1904. Prepared by Thorvald Solberg, Register of Copyrights; issued as Copyright Office Bulletin No. 8 from the Government Printing office, Washington, February, 1905. A volume of 468 pages, being, "A Bibliography and Chronological Record of all Proceedings in Congress in relation to Copyright from April 15, 1789, to April 28, 1904, First Congress, 1st Session to Fifty-eighth Congress, 2d Session."

Extension of Letters Patent, by Joseph R. Edson, Published as Senate Document No. 6, Washington, 1905. A pamphlet of 78 pages, discussing the question "Should Congress provide, by general legislation for the extension of letters patent, in proper cases, beyond the term of the original grant.”

Droits des Americains en Belgique en Matière de Propriété Industrielle, par Albert Capitaine. Published Tamines, 1905. This is a reprint of an article which appeared in the "Revue des Accidents du Travail et des Questions de Droit Industriel," 29 pages.