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Law Officer for leave to enter a disclaimer of any
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part of either the title of the invention, or of the Governor, No. 28, March 12, 1857. specification, or a memorandum of any alteration in
the said title or specification, not being such disclaimer or such. alteration as shall extend the exclusive right granted by the said Letters-Patent; and thereupon the Law Officer shall deliver to such patentee and assignee, or either of them, or to their, or either of their, agent, an appointment in the form contained in the sixth Schedule to this Act, or to the like effect; and such patentee or assignce shall, thereupon, cause such disclaimer (stating the reason for the same), or such memorandum of alteration, to be written at the foot of the said appointment, and shall cause the same respectively to be published in the manner hereinbefore required with respect to the said first-mentioned appointment; and any person having an interest in opposing the said application shall be at liberty to leave particulars, in writing, of their objections to the same at the chambers of the Law Officer within such time, not being less thau one month, as the said Law Officer by such appoint- ment may direct: Provided always, that where such application as aforesaid shall be for leave to enter a disclaimer of any part of the title of the said inven- tion, or a memorandum of any alteration in such title, the Law Officer may dispense with such appointment and publication, and, in that case, shall certify in the fiat hereinafter mentioned that he has dispensed with the same.
lieard.
XX. At the time and place named in such Application for disclaimer to be appointment, the said patentec or assignce, or one of them, shall produce the newspapers containing the same, and the said disclaimer or memorandum of alteration at the foot thereof, and the Law Officer shall thereupon hear and consider the said applica- tion, and all the objections to the same mentioned in the said particulars, if any, and all such power and authority shall and may be exercised upon that occasion by the Law Officer as, by virtue of the provisions hereinbefore contained, can and may be exercised in relation to the hearing and considering an application for Letters-Patent and objections to the same, and shall and may be enforced in like
manner.
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XXI. After such hearing and consideration, or Governor, No. 28, March 12, 1857. without such hearing and consideration where the How disclaimer may be entered, said appointment and publication shall have been dis- pensed with as aforesaid, such patentee and assignee,
and alterations made.
or either of them, may, by leave of the Law Officer (to be certified by a fiat under his hand, to be written at the foot of the same parchment with the said disclaimer or memorandum), cuter such disclaimer (stating the reason for the same), or such memoran- dlum of alteration, and at the time of entering such disclaimer or memorandum of alteration shall deposit
a copy thereof in the office next hereinafter mentioned: and such disclaimer or memorandum of alteration, being filed in such office as the Governor, with the advice aforesaid, shall from time to time appoint for that purpose, shall be deemed and taken to be part of such Letters-Patent or such specification, and subject to the several incidents thereof in all Courts whatever, and shall be valid and effectual in favour of any person in whom the rights under the said Letters-Patent may then be or thereafter become legally vested, and no objection shall be allowed to be made in any proceeding upon or touching such Letters-Patent, specification, disclaimer, or memo. randum of alteration, on the ground that the person entering such disclaimer or memorandum of altera- tion had not sufficient authority in that behalf: Provided always, that no action shall be brought upon any Letters-Patent in which, or on the speci- fication of which, any disclaimer or memorandum of alteration shall have been filed, in respect of any infringement committed prior to the filing of such disclaimer or memorandum of alteration (unless the Law Officer shall certify in his said fiat that any such action may be brought), notwithstanding the entry or filing of such disclaimer or memorandum
of alteration, and no such disclaimer or alteration shall be receivable as evidence in any action or suit (save and except in any proceeding by scire facias) pending at the time when such disclaimer or altera- tion was filed as aforesaid, but in every such last- mentioned action or suit the original title and specification alone shall be given in evidence, and be deemed and taken to be the title and specification of the invention for which the Letters-Patent have been, or shall have been, granted: Provided also, that when any such fiat shall have been granted or
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