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The whole spirit of the grant, however, is in definitely rigid
terms conditional upon the inventor depositing at the Patent
Office a complete specification by means of which the public
may be properly instructed in the invention and wherein he
particularly illustrates and describes the nature of such inven
tion and method of carrying it into effect at the time when
he applies for the patent, and, further, that he makes the
declaration that he is the true and first inventor thereof, and
that the same is not in use by any other person to the best
of his knowledge and belief.
The Patent Grant.
The document forming the grant of every Patent contains
a proviso or preambl: made by the Crown in the following
terms :—
“ GEORGE V., BY THE GRACE OF GOD, of the
“ United Kingdom of Great Britain and Ireland and of
“ the British Dominions beyond the Seas King, Defender
“ of the Faith, Emperor of India : To all to whom these
“ presents shall come greeting :
“ WHEREAS A B of
“ hath declared that he is in possession of an invention
“for ‘An improved ,’ that he is the true
“ and first inventor thereof, that the same is not in use
“ by any other person to the best of his knowledge and
“ belief ;
“ AND WHEREAS the said inventor hath humbly
“ prayed that a Patent might be granted unto him for
“ the sole use and advantage of his said invention ;
“ AND WHEREAS the said inventor hath by and in
“ his complete specification particularly described the
“ nature of his invention ;
“ AND WHEREAS we, being willing to encourage all
“ inventions which may be for the public good, are
“ graciously pleased to condescend to his request.”
From this it will be seen that the essence of the grant is, in
effect, a virtual contract between the inventor and the Crown,
but only contracted by the Crown because of a willingness to