Patent and Trade Mark Review Volume 7-8

Patent and Trade Mark Review Volume 7-8

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: ...27. Revocation Refused. On May 27th, an application for the revocation of Boult's Patent, No. 14,146 of 1901, was refused by the Comptroller-General. A brief statement of the facts and of the decision is as follows: An application was made, under Section 27 of the Patents and Designs Act, 1907, by Albert Edgar Knowles for the revocation of a patent for a process and for an implement for carrying it out, granted in 1901 to Alfred Julius Boult and assigned in 1905 to the Colu-Musener Bergwerks Actien-Verein (a German company by whom the invention was communicated to the patentee) on the ground that the patented article was manufactured exclusively or mainly outside the United Kingdom. The application was opposed by the assignees, who proved that the patented article was not manufactured at all, either in Great Britain or abroad, but that the patented process was carried on in Great Britain to a substantial extent for certain purposes, and that they were prepared to grant licenses for its use for all purposes. It was held by the Comptroller-General that the Applicant had not discharged the onus of proof falling upon him under sub-section 1 of Section 27, and that the application should be dismissed; and further, that, even if the application were amended so as to cover the patented process, it would be difficult for the applicant to prove that the process was carried on "mainly" abroad, as the process was in substantial use in the United Kingdom for the primary purposes of the invention. Thirty-five guineas costs were awarded to the holders of the patent. Argentine Republic. TRADE MARKS. Decision. Imitation of a mark.--Use of the mark alleged to infringe prior to the registration of the mark which serves as ground for the action...
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Product details

  • Paperback | 332 pages
  • 189 x 246 x 18mm | 594g
  • United States
  • English
  • black & white illustrations
  • 1236740513
  • 9781236740519