190 Patents. [Cli.X. Sec.II. use of the invention. In order to obviate such erroneous ideas, it is necessary to explain the nature and effect of a caveat.
- ' A caveat is merely a desire that if any person should
apply for a patent for any particular invention, notice of such application should be given to the party. This caveat is usu- ally entered at the offices of the attorney and solicitor-general, and upon an application to either of them for his report upon a petition to the King for a patent for any discovery of the same nature as that described in the caveat, notice is given to the person who has taken this precaution, which gives him an opportunity, if he thinks the inventions interfere with each other, of opposing the application. If it is meant to oppose, the attorney or solicitor-general before he makes his report will give a separate audience to each party, and examine the nature of the two inventions, and according to his opinion of their similarity, will make his report or not : if he is of opinion that there is a material coincidence, he will not report in favour of the application ; but if otherwise, he makes his report, and the patent proceeds in its regular course. If however the party entering the caveat is not satisfied with the decision of the attorney or solicitor-general, he has another opportunity of opposing, by entering a caveat at the great seal, when the Lord Chancellor will himself give a similar audience and examine the pretensions of the parties. This practice is not often recurred to, as it is attended with much expense, and the Chancellor usually orders all costs to be paid by the party opposing, if he does not succeed, as he is averse tathe caveat in so late a stage of the business, after great part of the ex- pense of the patent has been incurred {a). " The caveat remains upon the books for one year, and may be renewed from year to year as long as may be considered requisite. " If it is thought necessary to enter a caveat, it is proper to use general expressions, rather than to express the precise in- vention, as by that means the inventor would receive notice of any application for a patent, connected with the subject of the invention mentioned in the caveat, which might not be the case if the particular invention or improvement should be ex- (a) In ex parte Fox, 1 Ves. and B. 67. shall be allowed where the caveat is not the Lord Chancellor held that no costs unre?i6onable. 6 actly
