DENNIS * CO. Lw Book Publish*" 251 MAIN STREET MJFFALO 3. N: " UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY THE PATENT LAWS OP ALL NATIONS: COMPILED AND ANNOTATED BY BENJAMIN VAUGHAN ABBOTT. id YOL. I. ALGERIA TURKEY. WASHINGTON : CHARLES R. BROD1X, LAW PUBLISHER. 1680. Entered according to act of Congress, in the year 1880, By BENJAMIN VAUGHAN ABBOTT, In the office of the Librarian of Congress at Washington. HfNRY M. TOOITT, PRINTER, 1 DCT TREIT, M> V. PREFACE. THE usefulness of works like this is well understood. They enable a solicitor of patents to inform an inventor in what countries and at what cost he can patent his invention. They assist counsel to advise the owner of a patent what rights and protection it gives him, what will constitute an infringement, and what, in various countries, are his remedies. These being their uses, they must be published often, in order that changes in the various laws may be promptly chronicled, and that statutes newly enacted may be early substituted for any repealed. This volume presents the Patent Laws of All Nations, so far as I have been able to find them in English dress. Little has been done in revising the translations ; those given are such as have been found in trustworthy works, and appear correct. Each law is followed by a reference to the source whence it was derived ; and in instances where materially differing translations have been found both are given, or that preferred is copied, adding a reference to the other, to aid comparison. The explana- tions of points in civil and political geography which abound, though brief, have been prepared with care, on 756590 IV PREFACE. the basis of a wide search among the cyclopedias and geographic works in use in this country ; and will be useful in showing the territorial authority of the various acts. More of the within laws have been taken from a com- pilation by Messrs CARPMAEL, published in England about two years ago, than from any other one source ; the United States Patent-office Gazette coming next. It was prepared with ability and skill, and at the time of its appearance was satisfactory. But since that time eight or ten new laws have been promulgated which are here collected ; and there are as many more of which I have thought best to give versions different from those presented by the English work. For example, I have enlarged the quotations from the acts of the British Parliament ; have added one or two Canadian acts (being indebted for them to a digest in pamphlet form by Mr. EICHAKDS of New York City) ; have taken the Patent provisions of the French Code of Commerce from M. GOIRAND'S translation, adding extensive notes of French decisions, founded on his com- mentary ; and under several other countries have made considerable additions. The reader will also notice that my presentation of the laws of the United States is brought down to date, is accompanied by extensive notes (in which the more important of the cases collected in ABBOTT'S NATIONAL DIGEST are rearranged, and those published since that work are added), and is followed by the official forms. BENJ. VAUQHAN ABBOTT. TABLE OF CONTENTS. Page ALGERIA..... 1 ANTILLES. See SPAIN. ANTIGUA. See LEEWARD ISLANDS. ARGENTINE REPUBLIC 2 Law of October 11, 1864. AUSTRALASIA 11 Act to constitute a Federal Council, 1885. See also, NEW SOUTH WALES, NEW ZEALAND, QUEENSLAND, SOUTH AUSTRALIA, TASMANIA, VICTORIA, WESTERN AUS- TRALIA. AUSTRALIA. See NEW SOUTH WALES, QUEENSLAND, SOUTH AUSTRA- LIA, VICTORIA, WESTERN AUSTRALIA. AUSTRIA-HUNGARY 15 Law of August 15, 1852. Extracts from a Digest by A. H. Mounsey. Law of June 27, 1878. Law of December 20, 1879. Decision of the Minister of Commerce, July 27, 1882, relative to the term of an Austrian patent. BADEN. See GERMAN EMPIRE. BAL1ZE : BELIZE. See BRITISH HONDURAS. BARBADOES 33 Act of December 12, 1883. BAVARIA. Sec GERMAN EMPIRE. BELGIUM 38 Tleport by Mr. J. G. Kennedy. Law of May 24, 1854. Royal Decree for the execution of the foregoing law. See also, INTERNATIONAL CONVENTION. vi TABLE OF CONTENTS. Page BOSNIA. See AUSTRIA-HUNGARY. BRAZIL 51 Law of October 14, 1882. See also, INTERNATIONAL CONVENTION. BRITISH COLUMBIA. See CANADA. BRITISH GUIANA 58 Ordinance No. 13 of 1861. BRITISH HONDURAS 78 Law of September 10, 1862. CAMBODIA. See FRANCE. CANADA 100 Act of June 14, 1872, as amended. Act of April 8, 1875, extending the foregoing law to Prince Edward Island. Act of April 19, 1884. CANARY ISLANDS. SCO-SPAIN. CAPE COLONY: CAPE OF GOOD HOPE 121 Act No. 17 of 1860. CENTRAL AMERICA. See COSTA RICA, GUATEMALA, NICARAGUA, SALVADOR. CEYLON 140 Ordinance No. 6 of 1859. CHANNEL ISLANDS. See GREAT BRITAIN AND IRELAND. CHILI 152 Law of September 9, 1840. Decree of August 1, 1851. CISLEITHANIA. See AUSTRIA-HUNGARY. * COCHIN CHINA. See FRANCE. COLOMBIA 156 Law of May 13, 1869. COSTA RICA 158 CUBA. See SPAIN. DENMARK t 159 Report by Mr. Stracbey, 1873. DOMINICA. See LEEWARD ISLANDS. ECUADOR. See INTERNATIONAL CONVENTION. ENGLAND. See GREAT BRITAIN AND IRELAND. TABLE OF CONTENTS. vii Page FIJI: FEEJEE ISLANDS 161 Ordinance No. 3 of 1879. FINLAND 170 Supreme decree of March 30, 1876 . FRANCE 176 Law of July 5, 1844; with notes of decisions. Decree of October 21, 1848. See also, INTERNATIONAL CONVENTION. FRENCH GUIANA. See FRANCE. GERMAN EMPIRE 205 Law of July 1, 1877. GREAT BRITAIN AND IRELAND 215 Act concerning Monopolies, 1723. Patents, Designs and Trade- Marks Act. 1883. Patents, Designs and Trade-Marks Amend- ment Act, 885. See also, INTERNATIONAL CONVENTION. GREECE 256 GUADELOUPE. See FRANCE. GUATEMALA 257 Decree of May 21, 1886. See also, INTERNATIONAL CONVENTION. GUIANA. See BRITISH GUIANA. FRANCE. HAWAIIAN KINGDOM 261 Civil Code, sections 255, 256. Act of August 29, 1884. HAYTI 264 HERZEGOVINA. See AUSTRIA-HUNGARY. HONGKONG 265 Ordinance No. 14, of 1862. HUNGARY. See AUSTRIA-HUNGARY. INDIA ., 268 Act of May 17, 1859. INTERNATIONAL CONVENTION. See close of Vol. II. IRELAND. See GREAT BRITAIN AND IRELAND. ISLE OF MAN. See GREAT BRITAIN AND IRELAND. viii TABLE OF CONTENTS. Page ITALY 283 Law of October 30, 1859, as amended January 31, 1864. See also, INTERNATIONAL CONVENTION. JAMAICA 297 Act of 1857. JAPAN , 317 Imperial Proclamation, April 18, 1885. Notification No. 5, Council of State, April 18, 1885. LEEWARD ISLANDS 323 Act No. 12 of 1876. Act No. 16 of 1878. LIBERIA 343 Act of December 23, 1864. LICHTENSTEIX. See AUSTRIA-HUNGARY. LOYALTY ISLANDS. See FRANCE. LUXEMBURG 317 Law of June 30, 1881. MANITOBA. See CANADA. MARQUESAS ISLANDS. See FRANCE. MARTINIQUE. See FRANCE. MAURITIUS 355 Ordinance No. 16 of 1875. MEXICO 365 Law of May 7, 1832. Decree of September 28, 1843. Regulation of July 12, 1852. MICQUELON. See FRANCE. HONTSERRAT. See LEEWARD ISLANDS. NATAL 371 Law No. 4 of 1870. Law No. 5 of 1871. NETHERLANDS , 390 NEVIS. See LEEWARD ISLANDS. NEW BRUNSWICK. See CANADA. NEW CALEDONIA. See FRANCE. NEWFOUNDLAND 393 Consolidated Statutes, Title 15, Chapter 54, Section 51. TABLE OF CONTENTS. ix Pago NEW SOUTH WALES 400 Act No. 24 (December 6), of 1852. See also, AUSTKALASIA. NEW ZEALAND 402 Act of September 8, 1883. NICARAGUA 425 Report of Mr. Corbett. NORWAY 427 Law of June 16, 1885. NOVA SCOTIA. See CANADA. ONTARIO. See CANADA. PARAGUAY 435 PERSIA 435 PHILIPPINE ISLANDS. See SPAIN. PORTO RICO. See SPAIN. PORTUGAL 436 Civil Code, Chapter 3, entitled ' Property in Inventions." See also, INTERNATIONAL CONVENTION. PRINCE EDWARD ISLAND. See CANADA. PRUSSIA 442 Extract from a report by Mr. Plunkett. See GERMAN EMPIRE. QUEBEC. See CANADA. QUEENSLAND 447 Patents, Designs, and Trade-Marks Act, 1884. REUNION : LA REUNION. See FRANCE. RUSSIA 473 Code of Laws of the Russian Empire, Vol. XL, Part II. The Stat- ute of Manufacturing Industry, Section 3. ST. CHRISTOPHER. See LEEWARD ISLANDS. ST. HELENA 482 Ordinance No. 3 of 1872. ST. PIERRE. See FRANCE. T TABLE OF CONTENTS. Page SALVADOR : SAN SALVADOR. See INTERNATIONAL CONVEN- TION. SAXONY. See GERMAN EMPIRK SCOTLAND. See GUEAT BRITAIN AND IRELAND. SKNEGAMBIA. See FRANCE. SERVIA. See INTERNATIONAL CONVENTION. SOUTH AUSTRALIA 485 Act No. 78 of (December 21.) 1877. See also, AUSTRALASIA/ SPAIN 510 Law of July 30, 1878. See also INTERNATIONAL CONVENTION. STRAITS SETTLEMENTS 523 Inventions Ordinance, 1871. SWEDEN 536 Law of May 16. 1884. SWITZERLAND 544 See INTERNATIONAL CONVENTION. TAHITI. See FRANCE. TASMANIA 545 Act to facilitate the granting of letters patent for inventions, 1858. See also, AUSTRALASIA. TRINIDAD 567 Ordinance No. 25 of (September 2), 1867. TUNIS. See INTERNATIONAL CONVENTION. TURKEY 571 Law of the 20th day of the month of Rabia I, A. H. f 1297. Febru- ary 18, 1879. PATENT LAWS or ALL NATIONS, VOL. I. ALGERIA-TURKEY. ALGERIA. Isr the encyclopedias and geographical works most in use throughout the United States at the present time, " Algeria " is the name of the largest and most important of the colonial possessions of France ; " Algiers " being its capital city. In general, the pat- ent law of France extends over her colonies (see FRANCE) ; but according to M. Leopold Goirand, there is a decree on the subject of patents, dated June 5, 1850, " specially relating to Algiers." Gel-rand's French Code of Commerce (1880), 454, art. 15. ANTIGUA. See LEEWARD ISLANDS. ANTILLES. See SPAIN. I. 1 2 FOREIGN LAWS. ARGENTINE REPUBLIC. Law of October 11, 18G4. TITLE I. GENERAL PROVISIONS. ARTICLE 1. All new discoveries or inventions in any branch of industry confer on their originators the exclusive right of working the same during a fixed term and under certain conditions, conform- ably to article 17 of the constitution, upon the said right being established by a document called a Patent of Invention, to bu delivered in the form prescribed by the present law. ART. 2. The preceding paragraph applies not only to inventions and discoveries made in this country but also to those patented in foreign countries, provided the applicant be the inventor or his assignee, and provided also the conditions and formalities mentioned hereafter be duly observed. ART. 3. The following shall be considered as new discoveries or inventions, viz., all new products of industry ; new means, and the new application of known means, for obtaining an industrial result or product. ART. 4. The following are not patentable ; viz., pharmaceutical compositions ; financial schemes ; such discoveries or inventions as have, previous to the application, received a sufficient publicity in works, pamphlets, or periodicals, in this country or abroad, for being worked ; those of a mere theoretical nature, without any indication of their practical use in industry ; and finally, inventions contrary to morals or to the laws of the republic. ART. 5. Patents shall be granted for the term of five, ten, or fifteen years, according to the merit of the invention and the wish of the applicant ; the re-issue (confirmation) of foreign patents shall be limited to ten years, and in no case shall the term exceed that of the original patent, at the expiration of which they shall lapse. ART. 6. A new patent has to be paid for at the rate of 80, 200, or 350 piasters (pesos fuertes), according to its being taken for the term of five, ten, or fifteen years. The re-issue of foreign patents is subject to the payment of a sum proportional to the term for which it is granted according to the same scale of fees. ART. 7. The payment of the fees shall be made, one half at the ARGENTINE REPUBLIC. 3 time of application, and the other half by successive yearly pay- ments. ART. 8. The executive government shall regulate by a special decree the mode in which the patent-office has to pay over the said fees to the public treasury. TITLE II. PATENT-OFFICE. ART. 9. The before mentioned patents are to be delivered by a special office established for that purpose. ART. 10. The official staff of the patent-office is to be com- posed of a commissioner, at a salary of 1,200 piasters per annum ; of four sub-commissioners, at a salary of 800 piasters per annum ; of a secretary, at a salary of 600 piasters per annum ; and a porter, at a salary of 240 piasters. The five former are to be appointed by the president of the republic direct, and the two latter on the recom- mendation of the commissioner. ART. 11. No officer of the patent-office is allowed to hold an interest, directly or indirectly, in patents which come under his con- trol, under pain of dismissal, and a fine of from 100 to 1,000 piasters, if convicted. ART. 12. The commissioner is chief of the office, and respon- sible to the government for all the documents arid objects deposited, which must be carefully kept and registered. ART. 13. The sub-commissioners must possess a special knowl- edge of the applied sciences relating to industry, to enable them to examine, under the direction of the commissioner, all inventions or discoveries sought to be patented, the grant of the patent depend- ing on said examination. ART. 14. The patent-office shall form a department of the ministry of the interior. TITLE III. PROCEEDINGS FOR GRANTING LETTERS PATENT. FIRST SECTION. APPLICATIONS. ART. 15. All applications for letters patent must be made by petition addressed to the commissioner of patents. This petition, with a 25 cent stamp affixed, has to be delivered at the patent- office in the capital, or at one of the chief post-offices in the pro- vinces, and must be accompanied by a description, with proper drawings and patterns (all in duplicate), and a Jist of the objects presented. 4 . FOREIGN LAWS. ART. 16. In cases where the application is made through the post-office, applicants may deliver the descriptions, patterns, and drawings in a sealed packet, and require the same to be safely forwarded, at their own cost, to the patent-office. ART. 17. The commissioner of patents shall provide the post- masters mentioned in article 15 with a ledger, duly paged and headed, in which the petitions shall be entered in order of their presentation, with the date and time. A similar book shall be kept as a register at the patent-office. This register is to state in a few words the subject c the application, and has to be signed by the commissioner, the secretary, and the applicant, or his attorney. At the request of the applicant, a certificate of deposit may be delivered to him at the mere cost of a fourth-class paper stamp. ABT. 18. No petition shall be delivered without at the same time depositing one-half of the fees mentioned before, such pay- ment being authenticated by the certificate mentioned in the previous paragraph. The officer neglecting to see this payment made at the time of the application shall be made liable to a fine of double the amount. The same fine shall be imposed upon postmasters who neglect to forward applications to the commissioner of patents by the earliest mail, which is to be proved by the certificate of deposit and a certificate of the postmaster-general, unless such delay is caused by want of time, accidents, or circumstances beyond control. ABT. 19. Applications are to refer to a single chief object, with its accessories and applications ; they must mention the term for which the patent is sought, without containing any restrictions, conditions, or reservations whatever ; they must indicate a short and precise title of the invention ; they must be written in the Spanish language ; the omissions or additions must be duly men- tioned, and the drawings accompanying the same are to be made in ink, and according to a metrical scale. SECOND SECTION. ISSUE. ART. 20. As soon as the application is in the hands of the commis- sioner, and when it appears that the object applied for is within the limits of article 2, and does not come under the limitation of article 4, the patent is granted, provided the term applied for does not exceed ten years ; if it exceeds that time, the application is referred to the minister of the interior for ulterior decision, from which decision there lies no appeal. ABT. 21. All patents shall be issued in the name of the nation, by ARGENTINE REPUBLIC. 5 authority of the government, and shall bear the signature of the commissioner and secretary, with the official seal, and shall consist of the decree granting the same, accompanied by the duplicate of the description and drawings. , AST. 22. Immediately after the issue of the patent it shall be delivered to the applicant or his attorney. However, if the appli- cation has been made through the post-office, the patent shall be forwarded by the same channel, the respective postmasters having to acknowledge the receipt as soon as possible. All subsequent certificates applied for shall be delivered at the rate of 5 piasters each. ART. 23. The grant of a patent does not obviate the exceptions mentioned in article 46. ART. 24. Applicants not complying with the provisions of article 15, shall have their patent refused, in which case one half of the sum deposited is returned to them, the other half being forfeited. ART. 25. On the refusal of a patent an appeal may be made within ten days to the minister of the interior, who, after proper investigation, shall confirm or annul the refusal; in the former case the whole sum deposited is to be forfeited. ART. 26. A quarterly list of all patents delivered and refused, with their respective dates, has to be forwarded by the commis- sioner to the government for publication. THIRD SECTION. CERTIFICATES OF ADDITION OR IMPROVEMENT. ART. 27. Improvements in patented discoveries or inventions entitle the originators to apply for a certificate of addition, which can- not be granted for a longer period than the original patent has yet to run, provided it does not exceed ten years, except when half that time has expired, or when the improvement lessens by half at least the cost of production, time, risk, or danger, or for other similar reasons, in which case the commissioner has to fix the proper term for which such a patent may be granted. ART. 28. Certificates of addition are subject to the same formal- ities as patents, with the exception of the fees, the original patentee having only to pay one-fourth, and others than the patentee one- half of the said fees. ART. 29. When such certificates of addition have been obtained by others than the original patentee, they do not confer on their owners the exclusive right of working their invention, except under the condition of paying a premium to the original inventor, the 6 FOREIGN LAWS. amount thereof having to be fixed by the commissioner by taking into account the importance of the improvement and of the part used of the original invention. AET. 30. The original inventor has the option between availing himself of the provision contained in the preceding paragraph and of working the improvement jointly with the improver ; if he chooses the latter, a patent of addition shall be delivered to him on the same terms as that to the improver. AET. 31. In no case shall improvers acquire the right of solely working the original invention, and the original inventor may only work the improvement under the second provision of the previous paragraph. AET. 32. If two or more parties should apply at the same time for a certificate of addition for the same improvement, and if they should not come to some arrangement between themselves, no patent shall be issued to either. The same provision applies also to letters patent. FOUETH SECTION. PBOVISIONAL PATENTS. AET. 33. Inventors or improvers may obtain a provisional patent, for the term of one year, and renewable at the expiration of each year. AET. 34. Such a patent shall be obtained, on the payment of 50 piasters, by petition drawn up according to the provisions con- tained in Art. 15, pointing out the object of the invention and the means of carrying it out. AET. 35. On the receipt of this petition the commissioner shall deliver the provisional patent, entering the same in a special book, to be kept in his custody in the secret archives, together with all the documents relating thereto. AET. 36. No provisional patent shall be granted for inventions prohibited by article 4. AET. 37. The effect of provisional patents is to defer, whilst they are in force, all grants of patents relating to the same inven- tion or improvement until previous notice thereof is given to the original patentee at his own domicile. AET. 38. The owner of a provisional patent may oppose an intended patent for an invention similar to his own, within three months. At the expiration of that term, or if he has not given due notice of his change of domicile, he shall forfeit his right. AET. 39. In case of an opposition by the owner of a provisional ARGENTINE REPUBLIC. 7 patent, the commissioners shall give a separate hearing to both applicants ; and if the inventions should be identical, neither shall obtain a patent, unless both parties come to an arrangement. Should such inventions be different, the patent applied for shall be granted. AKT. 40. The fees paid for a provisional patent shall be deducted from the sum to be paid for letters patent, or for a certificate of addition obtained previous to the expiration of the former. TITLE IV. FIRST SECTION. ASSIGNMENT OF PATENTS. ART. 41. Owners of patents or certificates may assign their rights on their own terms ; such assignments, however, must be made by a notarial act, and after the payment of the entire fees mentioned in article 6. In order to give such assignments legal force with respect to third parties, they must be registered either at the patent- office in the capital, or at the before-mentioned post-offices in the provinces ; and, to have this registration performed, it is necessary to produce the notarial act of assignment. Within five days of this registration, or by the earliest mail if in the provinces, a certi- ficate of the register and the assignment shall be forwarded to the patent-office. The mutations that have taken place shall be entered in a special book, the entries to be published quarterly. ART. 42. Assignments transfer all the rights of the original patentee, except in cases of special reservations by the latter. SECOND SECTION. COMMUNICATION AND PUBLICATION OF PATENTS. ART. 43. On the issue of a patent or certificate the commissioner shall publish it in the newspapers by inserting the name of the patentee, the duration of the patent, and a summary of the inven- tion or discovery. ART. 44. All descriptions, drawings, patterns, and models of the patents granted, not coming under the provision of article 33, shall bo kept at the patent-office for public information. They shall be open to inspection without charge by any person applying for the same ; and copies of the written documents shall be deliv- ered without any other charge than the paper stamp duty of the fourth class. ART. 45. At the beginning of each year the commissioner of patents shall publish in a volume the list of patents granted during 8 FOREIGN LAWS. the preceding year, together with the descriptions and drawings required for the comprehension of the patented inventions or dis- coveries. A copy of the said publication is to be deposited at the patent-office and at the post-offices mentioned in article 15, for free public inspection. TITLE V. NULLITY AND INVALIDITY OF PATENTS. ART. 46. All patents or certificates obtained contrary to article 4 are null and void, as likewise all those that have been obtained under a fraudulent title, not corresponding to the invention ; when- ever the drawings or descriptions are incorrect or incomplete ; whenever, in the case of certificates, they refer to a patent not actu- ally obtained ; or, whenever, in case of a foreign invention, the foreign patent confirmed by the republic has expired ; or, whenever, at the date of the patent the discovery or invention was already in operation in the republic. ART. 47. All patents duly issued become void whenever the invention has not been worked within two years of the issue of the patent ; whenever the working has been interrupted for a similar period, except by circumstances beyond control, or accident, duly certified by the office ; or, finally, at the expiration of the term fcr which the patent has been granted. ART. 48. Actions for the nullity or avoiding a patent can only be instituted by interested parties before the sectional tribunals. ART. 49. No special judicial decree of nullity or lapse is required for causing the patent discovery or invention to become public prop- erty ; the mere fact of nullity or lapse suffices for authorizing every one to work freely the patent articles. ART. 50. In case the owner of a void or invalid patent should dispute the free working of the invention or discovery to which it relates, either by complaint or otherwise, the official declaration of the invalidity or nullity of the patent may be obtained from the same sectional tribunals. ART. 51. All decisions are summary; all proper proofs of title shall be admitted ; but patentees cannot produce any evidence con- trary to what is established by the documents of the patent-office, in proof of their privileges. The term for showing cause is to be fixed prudentially by the judge ; however, it can never exceed six months, and that term is only granted in exceptional cases referring to matters lying beyond the sea, and on giving sufficient security in ARGENTINE REPUBLIC. 9 favor of the claimant. Within ten days of the expiration of the term allowed for evidence, the judge shall deliver judgment and award costs. From this judgment there lies an appeal to the Supreme Court, which must be entered within three days. This court, after previously consulting the patent-office, shall deliver a final judgment. ART. 52. The nullity or invalidity of a patent being established by judgment, and the judgment having become final, the tribunal shall inform the commissioner of patents thereof, that he may pub- lish it in the prescribed form. TITLE VI. INFRINGEMENTS, LEGAL PROCEEDINGS, AND PENALTIES. AKT. 53. Infringements of patent-rights shall be considered as forgeries, and punished by a fine of from 50 to 500 piasters, or by imprisonment of from one to six months, and the forfeiture of the infringing articles, all without prejudice to any indemnity for losses and damages. ART. 54. The same penalty shall be applied to those who' know- ingly participate in the infringement by selling, exhibiting, import- ing, or communicating the infringing articles. ART. 55. In case of a second offense within five years the before mentioned penalty shall be doubled. ART. 56. The fact of having been in the employ of the patentee, or having acquired surreptitious information of the invention, shall be considered as an aggravating circumstance. ART. 57. All actions for the recovery of the above mentioned penalty are private, and are to be pleaded before the same sectional tribunals on the production of the patent, without which the complaint cannot be entered into; the defendant can only plead by way of answer the annulment or invalidity of the patent, his co- interest in the same, or his exclusive right of property. ART. 58. The claimant has a right to demand security from the defendant for any loss which may be occasioned by his continuing to work the invention pending the trial, and, in default thereof, he may claim the suspension of the working and the seizure of the objects in dispute upon giving in his turn, to the defendant, if required, sufficient security. The seizure is to be effected with the usual legal forms. ART. 59. All those who call themselves patentees without really 10 FOREIGN LAWS. having patents shall be considered as forgers, and are liable to the penalties inflicted on forgers, with the exception of the loss of the infringing articles. ART. 60. All fines imposed by this law shall be divided equally between the treasury and the informers. TITLE VII. RE-ISSUE OF PROVINCIAL PATENTS. ART. 61. Owners of the provincial patents which are in force at the promulgation of the present law may obtain a re-issue within the six months following, by accompanying the patent with a peti- tion according to the form prescribed by article 15. ART. 62. Provincial patents not re-issued within said term shall have no effect whatever before the tribunals of the republic. ART. 03. The re-issue may take place in two ways ; either for the same province in which the patent right was exercised, or for the whole republic. In the former case the patent shall be granted free of expense and without any previous examination ; in the latter case the proceedings shall be the same as for a new patent, and the portion of the fees corresponding to the term allowed must be paid in the usual way. ART. 64. Re-issues of patents granted for the same province shall only be valid for the remainder of the term of the patent, and the patent rights conferred shall relate to the said province only. When granted for the whole republic, such re-issues may extend to ten years, the time they have already run being deducted. ART. 65. There shall be kept a special register of these re-issues. ART. 66. From the promulgation of the present law, all con- trary provisions shall be abrogated. ART. 67. The executive government shall be informed thereof. From CarpmaeVs Patent Laws of the "World, 1. See APPENDIX OF RECENT LAWS, near end of voL IL AUSTRALASIA. 11 AUSTRALASIA. An Act to constitute a Federal Council of Australasia.* August 14, 1885, 48 & 49 Viet. c. 60. Whereas it is expedient to constitute a Federal Council of Australasia, for the purpose of dealing with such matters of common Australasian interest, in respect to which united action is desirable, as can be dealt with without unduly interfering with the manage- ment of the internal aifairs of the several colonies by their respec- tive legislatures : Be it enacted, &c. : . . . . 1. Definitions. In this Act, unless the context otherwise require, the following terms shall bear the meanings set opposite to them respectively : " Colonies." The colonies (including their respective depend- encies) of Fiji, New Zealand, New South Wales, Queensland, Tasmania, Victoria and Western Australia, and the province of South Australia, and any other colonies that may hereafter be created in Australasia, or those of the said colonies in respect to which this Act is in operation : " Crown Colony." Any colony in which the control of public officers is retained by Her Majesty's imperial government : " Her Majesty's possessions in Australasia." The colonies and such other territories as Her Majesty may from time to time declare by order in council to be within the operation of this Act : " Council." The Federal Council as hereby constituted : * The naraes Australia and Australa- Queensland, Victoria, Western Australia, sia are used in somewhat different senses and South Australia, are divisions of the in modern times ; but, with reference to island Australia, but do not form the the operation of the Act given in the whole of it ; the island contains, also, two text, Australia is the immense island of large regions or divisions, known on the that name lying between the Indian and maps as North Australia and Alexandra the South Pacific oceans, considered alone, Land, respectively. Thus the Act given that is, without including the smaller, in the text brings under the limited legis- though settled and important islands of lative power of a " Federal council of Tasmania, immediately south of Austra- Australasia," the greater part, but as yet lia (of Victoria), New Zealand, lying not the whole of Australia, and the most south-east, and the Feejee (or Fiji) is- important, but not all of the other islands lands, to the east. New South Wales, within Australasia. 12 FOREIGN LAWS. " Governor." The Governor, lieutenant governor, or other officer administering the government of the colony referred to, with the advice of his executive council, except in the case of a Crown Colony, in which case the word shall mean the Governor, lieutenant governor, or such other officer alone. 2. Institution of Federal Council. There shall b in and for Her Majesty's possessions in Australasia a Federal Counci 1 , consti- tuted as hereinafter provided, and called the Federal Council of Australasia, which shall have the functions, powers, and authority hereinafter defined. 3. Power to make laws. Within such possessions Her Majesty shall have power, by and with the advice and consent of the council, to make laws for the purposes hereinafter specified, subject to the provisions herein contained respecting the operation of this Act. 15. Matters subject to legislative authority of Council. Saving Her Majesty's prerogative, and subject to the provisions herein contained with respect to the operation of this Act, the council shall have legislative authority in respect to the several matters following. (i.) Such of the following matters as may be referred to the Council by the legislatures of any two or more colonies, that is to say, . . . patents of invention and discovery, copyright, . . . and any other matter of general Australasian interest with respect to which the legislatures of the several colonies can legislate within their own limits, and as to which it is deemed desirable that there should be a law of general application ; provided that in such cases the Acts of the Council shall extend only to the colonies by whose legislatures the matter shall have been so referred to it, and such colonies as may afterwards adopt the same. 17, Royal assent to bills passed by Council. Every bill passed by the Council shall be presented, for Her Majesty's assent, to the Governor of the colony in which the Council shall be sitting, who shall declare, according to his discretion, but subject to the pro- visions of this Act and to Her Majesty's instructions, either that he assents thereto in Her Majesty's name, or that he withholds such assent, or that he reserves the bill for the signification of Her Majesty's pleasure, or that he will be prepared to assent thereto, subject to certain amendments to be specified by him. 18. Power to Her Majesty to disallow Acts. When the Governor AUSTRALASIA. ]3 assents to a bill in Her Majesty's name, he sliall, by the first con- venient opportunity, send an authentic copy of the Act to one of Her Majesty's principal secretaries of state, and if Her Majesty, within one year after receipt thereof by the secretary of state, thinks fit to disallow the Act, such disallowance (with a certificate of the secretary of state of the day on which the Act was received by him) being signified by such Governor by message to the Council, or by proclamation in the Government Gazette of all the colonies affected thereby, shall annul the Act from and after the day of such signification. 19. Bill reserved for signification of Her Majesty's pleasure. A bill reserved for the signification of Her Majesty's pleasure shall not have any force unless and until within one year from the day on which it was presented to the Governor for Her Majesty's assent, such Governor signifies, by message to the Council, or by proclam- ation published as last aforesaid, that it has received the assent of Her Majesty^ 20. Acts of Council, when assented to, laics. All Acts of the Council, on being assented to in manner hereinbefore provided, shall have the force of law in all Her Majesty's possessions in Australasia in respect to which this Act is in operation, or in the several colonies to which they shall extend, as the case may be, and on board all British ships, other than Her Majesty's ships of war, whose last port of clearance or port of destination is in any such possession or colony. 21. Publication of Acts. Every Act assented to in the 'first in- stance shall be proclaimed in the Government Gazette of the colony in which the session of the Council at which it was passed was held, and shall also be transmitted by the Governor assenting thereto to the Governors of the several colonies affected thereby, and shall be proclaimed by them within the respective colonies of which they are Governors. 22. Acts of Council to supersede colonial enactments. If in any case the provisions of any Act of the Council shall be repugnant to, or inconsistent with, the law of any colony affected thereby, the former shall prevail, and the latter shall, so far as such repugnance or inconsistency extends, have no operation. 28. Evidence of proceedings. Whenever it shall be necessary to prove the proceedings of the Council in any court of justice, or otherwise, a certified copy of such proceedings, under the hand of 14 FOREIGN LAWS. the clerk or other officer appointed in that behalf by the Council, shall be conclusive evidence of the proceedings appearing by such copy to have been had or taken. 30. Commencement of Act in respect of any colony. This Act shall not come into operation in respect of any colony until the legis- lature of such colony shall have passed an Act or ordinance, declar- ing that the same shall be in force therein, and appointing a day on and from which such operation shall take effect, nor until four colonies at the least shall have passed such Act or ordinance. 31. Power to determine operation of Act in any colony. This Act shall cease to be in operation in respect to any colony the legisla- ture of which shall have passed an Act or ordinance declaring that the same shall cease to be in force therein: provided, nevertheless, that all Acts of the council passed while this Act was in operation in such colony, shall continue to be in force therein, unless altered or repealed by the Council. 32. Short title. This Act shall be styled and may be cited as the Federal Council of Australasia Act, 1885. From 125 Pull Gen. Stat. 324. See also: NEW SOUTH WALES; NEW ZEALAND; QUEENSLAND; Souxu AUSTRALIA; TASMANIA; VICTORIA; WESTERN AUSTRALIA. AUSTRALIA. See NEW SOUTH WALES; QUEENSLAND; SOUTU AUSTRALIA; VICTORIA ; WESTERN AUSTRALIA. AUSTRIA-HUNGARY. Ifr AUSTRIA-HUNGARY. Law of August 15, 1852. WE, FRANCIS JOSEPH the First, by the grace of God Emperor of Austria, King of Hungary and Bohemia, King of Lombardy and Venice, of Dalmatia, &c., &c., Being desirous of granting proper protection to the inventive genius even in those provinces of our empire which hitherto have been deprived of patent laws, and considering that the experience earned since the promulgation of the law of March 31, 1832, has shown that many reforms and enlargements are necessary, at the advice of our ministers and of our Imperial Council we have decreed the following rules for the whole extent of our empire: SECTION I. OF THE SUBJECT OF AN EXCLUSIVE PRIVILEGE. 1. Exclusive privileges may be granted under the restrictions stated in 2, 3, 4 and 5, for every new discovery, invention, or improvement having for its object a. A new product of industry; or, b. A new means of production; or, c. A new method of production ; whether such privileges be demanded by an Austrian subject or by a foreigner, unless the invention be not patcntable according to 2 ~ 5 - The term discovery is applied to the finding out an industrial process that may have been used in former times, but which has since been lost sight of or remained unknown in the empire. The term invention is applied to the producing a new object by new means, or a new object by means known before, or a known object by means different from those used hitherto for the same object. The term improvement or alteration is applied to every appar- atus, arrangement, or process added to an object known or patented before, by means of which, in the object in view or in the means of arriving at it, a better result or greater economy is attained. The term new is applied to any discovery, invention, or im- provement that, up to the time of the application for a privilege, 1.6 FOREIGN LAWS. has neither been worked nor become known through publications m the empire. 2. No privileges can be granted for preparations of food, beverages, and medicines, nor for discoveries, inventions, or improvements which cannot be worked for reasons of public health, morals, or safety, or as being contrary to the general interest of the state, according to the existing regulations. 3. A new discovery, invention, or improvement which is to be imported into the Austrian empire from abroad can only be patented during the currency of the foreign patent; nor can such a grant be made except to the foreign patentee or his assign. Under these restrictions a privilege can be granted for a discovery, invention, or improvement made abroad, provided it has not yet been published in the empire. 4. Improvements of inventions that were known or patented before can only be patented with the restrictive clause that such a privilege does not refer to the whole article, but only to the improved part. 5. Scientific principles, or purely scientific theorems, cannot be patented, even if the principle or theorem admit of a direct appli- cation to industrial objects. However, patents may be granted for every new application of such principles or theorems as lead to the creation of a new industrial product, a new means, or anew method of production. 6. Two or several discoveries, inventions, or improvements that are different from each other may only be united into one patent if those discoveries, inventions, or improvements relate to one and the same object, as component parts or operative means. SECTION II. OF THE CONDITIONS FOB OBTAINING AN EXCLUSIVE PRIVILEGE, AND THE FORMALITIES TO BE FULFILLED. 7. Applicants for an exclusive privilege for a new discovery, invention, or improvement must fulfill the conditions prescribed in the present law. Those conditions are: a. Applying to the competent authorities by means of a petition in clue form, accompanied by the prescribed documents. b. Payment of a fixed tax. c. Fulfilling the obligation of describing the new discovery, AUSTRIA-HUNGARY. 17 invention, or improvement clearly and completely; and, if required for the sake of clearness, of illustrating it by drawings or models, so as to enable every competent man to execute the same, after its publication at the expiration of the patent. 8. Petitions for exclusive privileges may be lodged with the stadtholder, or with the judges of districts (judges, delegates, county magistrates), to be forwarded by them. 9. Those petitions must be arranged according to the Form A. They may be delivered by the applicant himself or his attorney. Such petitions must contain a. The Christian and family name, profession, and residence of the applicant; and, in case of his not being settled in the empire, also the name, profession, and residence of an attorney domiciled in the empire. Applicants must state their Christian and family name, profession, &c., even if the privilege is to be worked under a firm bearing a different name from that of the patentee. In such cases the name of the firm chosen must be stated. The said firm, how- ever, must not correspond with an existing firm unless the consent of its proprietor be obtained. b. The name (title) of the discovery, invention, or improve- ment ; giving the essence of it. c. The number of years for which the patent is demanded. That number of years cannot exceed fifteen, except by a special grant of the Emperor ; and those inventions patented already abroad, and which are to be imported by their proprietors or their assigns, can only be patented for the unexpired term of the foreign patent. d. The statement whether the discovery, invention, or improve- ment is to be kept secret or not. 10. Petitions for patents must be accompanied by a. The due tax, or the receipt for the same, given by a public treasurer to whom the said tax had been paid. Except that tax, no other fees are to be demanded for a patent, even in the case of a previous examination on public grounds. b. The power of attorney in case the applicant delivers his petition through an agent ( 9). c. In cases of discoveries, inventions, or improvements to be imported from abroad, the foreign letters patent in the original, or 1 in an authenticated copy. d. The above-mentioned ( 1 c) description of the invention under sealed cover, on which is written the essence of the discovery-. 12 18 FOREIGN LAWS. invention, or improvement, corresponding with the statement made in the petition, and the address of the applicant or his attorney. 11. The patent tax is in proportion to the duration of the privilege, and is the same for discoveries, inventions, improve- ments ; for foreigners, or natives. It amounts to 100 florins for the first five years, 200 florins for the following five years, and 400 florins for the last five years ; the annual ratio being 20 florins for the first five years, and that of the subsequent years as follows : 6th year, 30 fl.; 7th year, 35 fl.; 8th year, 40 fl.; 9th year, 45 fl.; 10th year, 50 fl.; llth year, 60 fl.; 12th year, 70 fl.; 13th year, 80 fl.; 14th year, 90 fl.; 15th year, 100 fl., amounting to 700 fl. for fifteen years, the longest period allowed. The tax due for the whole number of years which the privilege has been applied for must be paid down at once, or a receipt for the .amount has to be produced, to avoid the petition being rejected. The said tax can only be repaid in case of the privilege being annulled on public grounds, and such repayments shall be in pro- portion to the unexpired term. 12. The specification ( 10), which is considered as an essen- tial condition for obtaining an exclusive privilege, must answer the following requirements : a. It must be written in German, or in the usual language of the province where the application is made, and be signed by the applicant, or the attorney named in the petition. b. It must contain the detailed description of the discovery, invention, or improvement, the essence of which was indicated in the petition. c. It must be drawn out in such a manner as to enable all com- petent men to manufacture the article according to this description, without the addition of new inventions, additions or improvements. d. What is new and also what constitutes the object of the privilege must be clearly described and pointed out in the speci- fication. e. The discovery, invention, or improvement must be set forth in a clear and plain manner, and contain no ambiguities that might lead astray, contrary to the provisions contained in c. f. It must not keep secret anything relating either to the means or mode of working ; therefore it is neither permissible to indicate means that are more expensive or do not produce the same elf ect, nor to conceal devices that relate to the success of the operation. g. Should drawings, patterns, or models be required for better AUSTRIA-HUNGARY. 19 understanding tbe specification, the former must be annexed in last- ing colors ; besides which (in as far as it may add to clearness according to c), any other print or writing may be added which the applicant shall think fit. 13. The authority to whom a petition is presented is to exam- ine in the presence of the applicant, a. Whether the petition Is in due form, and has been signed: b. Whether the required documents are annexed ; c. Whether the prescribed tax, or a receipt for the same is inclosed. If the authority finds the petition in good order in this respect, he inscribes, in the presence of the applicant, on the cover of the specification, the day and hour of its presentation, and the amount paid, and hands to the applicant or his attorney a certificate con- taining the name and residence of the applicant or his attorney, the day and hour of presentation, the payment of the tax, and the title and essence of the discovery, invention, or improvement as set forth in the petition. From that day and hour, the priority of the discovery, invention, or improvement disclosed, is reckoned, that is, every opposition on the ground of a similar discovery, invention, or improvement made or practiced after that time is considered ineffectual, and cannot refute and annul the novelty of the discovery, invention, or improve- ment which has been disclosed and described in due order by the applicant. If an omission or other defect is found out on examination of the petition, the latter is returned to the applicant that he may amend the same. 14. All petitions approved of, together with their annexed documents, are transmitted to the governors of the respective prov- ince within three days at the latest, if not addressed to them directl}'. 15. The governors examine such petitions . As to whether the object of the petition is not evidently unfit for a privilege. b. As to whether the annexed documents fulfill the prescribed conditions, and particularly as to whether the description of the object of the patent inscribed on the cover of the specification cor- responds with the indication made in the petition, and whether the latter is duly signed. Should a governor think the article to be patented absolutely unfit for a privilege according to 2-6, he is to inform the petitioner 20 FORETGN LAWS. thereof, requiring him to withdraw and give a receipt for the sealed specification, aa well as to receive back the tax paid up, or other- wise to appeal to the ministry of commerce and trades within the term assigned in the regulation of trades. Should it appear that the annexed documents do not answer the requirements, or that the object of the privilege, as indicated on the cover of the sealed description, does not correspond with the con- tents of the petition, the governor is to keep back the petition, and to assign a proper term for the amendment of the defect. Should that term not be observed, the petition is to be returned. All petitions in due form, and not unfit for privilege, as well as those that have been amended within the prescribed term, shall be submitted by the governors, together with the sealed specifications, and all other documents, to the minister of commerce and trades. 16. The minister of commerce and trades is to re-examine whether all the formalities have been fulfilled, and he has the exclu- sive authority to open the sealed specification and see a. Whether the specification is written in a current language ( 12), and whether it is duly signed. b. Whether the object for which a patent is desired does not comprehend two or more different objects ( 6) and requires to be divided. c. Whether the title of the invention is the same in the petition as on the cover of the annexed specification, and as in the specifica- tion itself; moreover, whether the specification possesses that degree of clearness and distinctness required by 12, particularly whether the required drawings, patterns, and models are present, and whether all formal requirements about the same have been observed. d. Whether the object to be patented as indicated in its essen- tial features in the petition and on the cover of the specification is not contrary to sanitary laws, or to other public regulations, whereby it becomes entirely unfit for a privilege, or fit only under certain conditions and restrictions. Besides, special care is to be taken for the required secrecy being observed, and due precautions against any possible violation of the secret are to be adopted. 17. No examination ever takes place as to the novelty or utility of the discovery, invention, or improvement before the granting of the privilege ; on the other hand, no guarantee is given by the government, which grants the patent in this respect at the mere risk, peril and cost of the patentee. 18. In all those cases, where the checking and examination AUSTRIA-HUNGARY. 21 according to 16 disclose no obstacle, the privilege is granted by the minister of commerce and trades by a separate document, otherwise all petitions deemed unfit for acceptance are rejected, the motive for so doing being mentioned, and the tax being ordered to be repaid. However, where there exist defects that may be amended, such rejections take place only after the applicant has failed to amend such defects within the proper term assigned to him for that purpose. 19. The grant of a privilege releases a patentee in nocas'e from the laws, regulations, and prescriptions that exist, or may be pro- mulgated in the interest of public health, safety, morals, or in the interest of the State; the working of the patent is therefore subor- dinate to such regulations and prescriptions as may limit or defend it without the patentee being allowed to invoke an exceptional rule. 20. The inclosed specifications belonging to the privileges, together with the annexed documents ( 16), are delivered to the custody and the ulterior use of the central record office for patents, as will be explained in section V. of the present law. SECTION III. OF THE ADVANTAGES AND LIBERTIES INCIDENT TO EXCLUSIVE PRIVILEGES. 21. An exclusive privilege secures to the patentee the exclu- sive use of his discovery, invention, or improvement, as laid down in his specification, for the number of years mentioned in his privi- lege. 22. The patentee is authorized to establish those workshops and to engage those workmen which are required for the complete working of the subject of the patent to any extent ; they may thus form everywhere in the whole empire establishments and depots for the manufacture and sale of the subject of their priv- ilege, and authorize others to work their discovery, invention, or improvement, under the protection of their privilege; they may form partnerships, and work their patent to any extent, dispose of their patent, bequeath it, sell it, give licenses, or otherwise part with it, and obtain patents abroad for the same object. However, those rights are strictly limited to the proper object of the patented discovery, invention, or improvement, and therefore must not be extended to similar objects, uor be used contrary to existing laws or other privileges. 23. If the privilege relates to an improvement or an alteration 22 FOREIGN LAWS. of a patented object it is merely limited to the individual improve- ment or alteration itself, and it gives to the privileged improver and alterer no right to the rest of the object that has already been pat- ented, or of a process that is already known. On the other hand, the patentee of an object improved or altered by another patentee is not allowed to use the said improvement or alteration without his consent. SECTION IV. OF THE EXTENT AND DURATION OF EXCLUSIVE PRIVILEGES, AND THEIR PUBLICATION. 24. The legal effect of exclusive privileges shall be co-exten- sive with the Austrian territory. 25. The longest duration of privileges is fixed at fifteen years. We reserve to ourselves the right of extending that term, yet such a prolongation shall be demanded by the public authorities only for highly meritorious cases. 26. Every exclusive privilege begins from the day of the delivery of the patent. The publication of the grant of the privi- lege shall be made in the same manner and within the same time as is provided for laws. 27. Every patentee whose privilege has been granted for a shorter period than the longest ( 9 c) may claim its prolongation for one or more years within the fixed longest period, provided they demand such a prolongation before the privilege has become extinct ( 29 2 a, b). To obtain such a prolongation a petition for the same must be delivered in due time, together with the original pat- ent, and the tax in full for the required term of prolongation ( 11), or the receipt for the same from a public treasurer. The prolongation is granted by the minister of commerce and trades, and is officially confirmed on the letters patent. 28. Every privilege granted or prolonged by the minister of commerce and trades, as well as every cession of a privilege and its extinction, is published according to 26. 29. Privileges lose their force 1. By nullity or by termination (recall, surrender or decree): a. Such an annulment may take place if it is shown that the legal requirements for an exclusive privilege do not exist, particularly aa. If it is shown that the description of the privilege is defi- cient, and particularly if is not in accordance with 12, c -f, and therefore insufficient. AUSTRIA-HUNGARY. 23 bb. If any one proves legally that the patented discovery, inven- tion, and improvement, before the day and hour of the official cer- tificate, bad already no longer the character of novelty in the empire, according to the provisions of 1, or that the patented discovery, invention, or improvement had been imported from abroad, and that the privilege in the Austrian States has not been granted to the original proprietor of the foreign patent, or his legiti- mate assignees ( 3) ; cc. If the proprietor of a valid privilege proves that the discov- ery, invention or improvement patented at a later period is identi- cal with his own discovery, invention, or improvement, as previously laid down according to prescriptions ; b. If an obligation constituting the validity of the privilege is not fulfilled : c. If the privilege is contrary to public law ( 19). 2. By extinction, which takes place, a. If within one year at the latest from the date of the patent the patentee has not begun to work his discovery, invention, or improvement in the empire, or whenever he has interrupted his works for two complete years ; b. If the original or prolonged term of the patent has expired ; e. If the privilege is surrendered voluntarily. It is well understood that those reasons, whereby the validity of a privilege ceases or becomes extinct, apply to purchasers of a privilege as well as to the original patentee. 30. As soon as a privilege is invalidated, the use of the respec- tive discovery, invention, or improvement is open to all under the observance of the existing laws regulating trades, and regulations relating thereto. SECTION V. OF THE REGISTRATION OP PRIVILEGES AND RECORDING op SPECIFI- CATIONS. 31. All privileges as soon as granted are inscribed in a register at the ministry of commerce and trades. If the privilege is worked under a chosen firm that differs from the true name of the patentee, that firm must also be entered in the register. The descriptions, drawings, models, z primd facie proof of the assignment of such letters patent, or share and interest therein, or of the license or proprietorship as therein expressed : Provided BRITISH HONDURAS. 87 always, that until such entry shall have been made, the grantee or grantees of the letters patent shall be deemed and taken to be the eole and exclusive proprietor or proprietors of such letters pat- ent of all the licenses and privileges thereby given and granted ; and any writ of scire facias to repeal such letters patent may be issued to the provost marshal in case of the grantee or grantees residing in this colony, and in case such grantee or grantees do not reside in the colony, it shall be sufficient to file such writ in the clerk of the court's office, and serve notice in writing thereof at the last known residence or place of business of such grantee or grantees ; and such register, or a copy, shall be open to the inspection of the public at the colonial secretary's office, subject to such regulations as the commissioners may make. XXX. Falsification or forgery of entries in Registers. If any person shall willfully make or cause to be made any false entry in the said register of proprietors, or shall willfully make or forge, or cause to be made or forged, any writing falsely purporting to be a copy of any entry in the said book, or shall produce or tender, or cause to be produced or tendered, in evidence any such writing knowing the same to be false or forged, he shall be guilty of a misdemeanor, and shall be punished by fine and imprisonment accordingly. XXXI. Entries may be expunged or varied. If any person shall deem himself aggrieved by any entry made under color of this Act in the said register of proprietors, it shall be lawful for such person to apply by motion to the Supreme Court, or by a summons to the chief justice in chambers, for an order that such entry may be expunged, vacated, or varied; and upon any such application the said court or chief justice respectively may make such order for expunging, vacating, or varying such entry and as to the costs of euch application, as to the said court or chief justice may seem fitj and the colonial secretary, on the production to him of any such order for expunging, vacating, or varying any such entry, shall expunge, vacate, or vary the same according to the requisitions of such order. XXXII. Disclaimers, and memoranda of alterations. Anyper- Bon who, as grantee, assignee, or otherwise, shall obtain letters pat- ent for the sole making, exercising, vending, or using of any invention, and in case the original patentee or patentees hath or have departed with his or their whole or any part of his or their interest by assignment to any other person or persons, such patentee, together with such assignee or assignees, if part only hath been 88 FOREIGN LAWS. assigned, and the assignee or assignees, if the whole hath been assigned, may, if he or they think fit, lodge with the colonial secre- tary an application for leave to enter a disclaimer of any part of either the title of the invention or of the specification, stating the reason of such disclaimer, or to enter a memorandum of any altera- tion 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 all such applications shall be referred by the commissioners to the attorney- general ; and every such dis- claimer or memorandum of alteration, when approved by the attor- ney-general, certified by his fiat and signature, and being filed in the colonial secretary's office with the specification to which the same relates, shall be deemed and taken to be part of such letters patent or such specification in all courts whatever : Provided always, that any person may lodge with the said colonial secretary a caveat against such disclaimer or alteration, and every such caveat shall be referred by the commissioners to the attorney-general ; and such caveat, being so entered, shall give the party entering the same a right to have notice of the application being heard by the attorney-general : Provided also, that no such disclaimer or altera- tion shall be receivable in evidence in any action or suit (save and except by any proceeding by scire facias) pending at the time when such disclaimer or alteration was filed ; but in every such action or suit the original title and specification alone shall be given in evi- dence and deemed and taken to be the title and specification of the invention- for which the letters patent shall have been granted : Provided also, that it shall be lawful for the attorney-general, before granting such fiat, to require the party applying for the same to advertise his disclaimer or alteration, in such manner as to the attor- ney-general shall seem right, and shall, if he so require such adver- tisement, certify in his fiat that the same has been duly made : Provided also, that such filing of any disclaimer or memorandum of alteration in pursuance of the leave of the attorney-general, certi- fied as aforesaid, shall, except in cases of fraud, be conclusive of the right of the party to enter such disclaimer or memorandum of alteration ; and no objection shall be allowed to be made in any proceeding upon or touching such letters patent, specification, dis- claimer, or memorandum of alteration, on the ground that the party entering such disclaimer or memorandum of alteration had not suf- ficient authority in that behalf : Provided also, that no action shall be brought upon any letters patent in which, or in the specification BRITISH HONDURAS. 89 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 attorney -general shall certify in his fiat that any such action maybe brought notwithstanding the entry or filing of such disclaimer or memorandum of alteration. XXXIII. Prolongation of term of patent. If the grantee of any letters patent as aforesaid shall advertise, in such manner as the commissioners may direct, that he intends to apply to the commis- sioners for a prolongation of his term x>f sole using and vending his invention, and shall enter with the colonial secretary a petition addressed to the lieutenant governor to that effect, it shall be lawful for any person to enter a caveat against the same with the colonial secretary ; and, notice being first given, to any person or persons who shall have entered such caveats, the petitioner shall be heard in person, or by his counsel or agent and witnesses, to prove his case, and the persons entering caveats shall likewise be heard in person, or by their counsel or agents and witnesses, whereupon, and upon hearing and inquiring of the whole matter, the commissioners are hereby authorized and empowered, if they shall think fit, to author- ize to issue their warrant for the grant of new letters patent for the said invention for a term not exceeding seven years or any shorter period than that prayed, after the expiration of the first term : Provided always, that no such extension shall be granted if a petition for the same shall not have been presented before the expiration of the term sought to be extended. XXXIV. Commissioners may warrant extensions. If in any petition for the extension of the term for which the letters patent as aforesaid have been granted, presented before the expiration 'thereof, it be set forth that the grantee thereof has been unable to obtain a due remuneration for his expense and labor in perfecting such inven- tion, and that an exclusive right of using and vending the same for the further period of seven years in addition to the term in such patent mentioned will not suffice for his reimbursement and remun- eration, then- upon consideration of the same in manner aforesaid the commissioners may, if they think fit, grant their warrant for the extension thereof for a term not exceeding fourteen years, or any shorter period than that prayed, after the expiration of such first term. XXXV. Grant of new letters patent, extending period. It shall be lawful to grant any such extension either to an assignee or 90 FOREIGN LAWS. assignees, or to the original patentee or patentees or to an assignee or assignees and original patentee or patentees conjointly. XXXVI. Warrant and sealing such letters patent. In the grant- ing of any new letters patent, extending the term for which the original letters patent were granted, the warrant of the commis- sioners shall be a sufficient authority for the sealing of any new letters patent, and for the insertion in such new letters patent of any restrictions, conditions, and provisions in the said warrant mentioned ; and the lieutenant governor shall thereupon cause letters patent, according to the tenor and effect of such warrant, to be made and sealed in the manner herein directed for letters patent issued under the certificate of the attorney-general and the commissioners' war- rant thereupon : Provided always, that such new letters patent shall be sealed and bear date as of the day after the expiration of the term of the original letters patent, which may first expire. XXXVII. In action for infringement, particulars to be delivered. In any action in the Supreme Court for the infringement of letters patent the plaintiff shall, two weeks at least previously to the enter- ing of his complaint, deliver or cause to be delivered to the person against whom such action is intended to be brought, particulars of the breaches intended to be complained of in such action, and the defendant, on pleading or filing any notice of defense thereto, shall deliver with his pleas or notice, and the prosecutor in any proceed- ings by scire facias to repeal letters patent shall deliver with his declaration, particulars of any objections on which he means to rely at the trial in support of the pleas in said action, or of the sugges- tions of the said declaration in the proceedings by scire facias respectively ; and at the trial of such action or proceeding by scire facias no evidence shall be allowed to be given in support of any alleged infringement, or of any objection impeaching the validity of such letters patent, which shall not be contained in the particulars delivered as aforesaid : Provided always, that the place or places at or in which and in what manner the invention is alleged to have been used or published prior to the date of the letters patent shall be stated in such particulars : Provided also, that it shall and may be lawful for the chief justice at chambers to allow such plaintiff or defendant or prosecutor respectively to amend the particulars delivered as aforesaid, upon such terms as to such judge as shall seem fit : Provided also, that at the trial of any proceeding by scire facias to repeal letters patent the defendant shall be entitled to begin and to give evidence in support of such letters patent, and iii BRITISH HONDURAS. 91 case evidence shall be adduced on the part of the prosecutor impeaching the validity of such letters patent, the defendant shall be entitled to the reply. XXXVIII. Supreme Court may grant injunctions. In any action in the supreme court for the infringement of letters patent, it shall be lawful for the court if then sitting, or if the court be not sitting then for the chief justice, on the application of the plaintiff or defendant respectively, to make such order for an injunction and inspection or account, and to give such directions respecting such injunction, inspection, and account, and the proceedings therein, respectively, as to such court, or chief justice may seem fit. XXXIX. Particulars to be regarded in taxation of costs. In tax- ing the costs in any action in the Supreme Court regard shall be tad to the particulars delivered in such action, and the plaintiff and defendant respectively shall not be allowed any costs in respect of any particular unless certified by the chief justice to have been proved by such plaintiff or defendant respectively, without regard to the gen- eral costs of the cause ; and it shall be lawful for the chief justice to certify on the record that the validity of the letters patent in the declaration mentioned came in question ; and the record with such certificate being given in evidence in any suit or action for infring- ing the said letters patent, or in any proceeding by scire facias to repeal the letters patent, shall entitle the plaintiff in any such suit or action, or the defendant in such proceeding by scire facias, on obtaining a decree, decretal order, or final judgment, to his full costs, charges, and expenses, taxed as between attorney and client, unless the chief justice shall certify that the plaintiff or defendant respectively ought not to have such full costs. XL. Fees and payments in letters patent to be as in schedule. There shall be paid in respect of letters patent applied for or issued as herein mentioned, the filing of specifications and disclaimers, cer- tificates, entries, and searches, and other matters and things men- tioned in the schedule to this Act, such fees as are mentioned in the said schedule ; and there shall be made unto and for flie use of Her Majesty, her heirs and successors, to be applied to the purposes of the government of this colony, for or in respect of the warrants and certificates mentioned in the said schedule, or the paper on which the same respectively are written, the payments mentioned in the said schedule ; and no other fees shall be levied, or payments, except as hereinafter mentioned, taken in respect to 92 FOREIGN LAWS. such letters patent and specifications, and the matters and things in such schedule mentioned. XLI. Payment of fees to attorney-general and colonial secretary. Provided always, that nothing herein contained shall prevent the payment to the attorney-general on the investigation of each appli- cation, caveat, disclaimer, and memorandum of alterations, includ- ing certificate or report, or certificate and report, and in cases of opposition to the granting of letters patent, and to the colonial secretary for office or other copies of documents in his office, and in respect of the additional duties imposed on him by this Act, of the fees fixed in the schedule hereunto annexed. XLII. Defrayment of expenses incurred under Act. It shall be lawful for the Lieutenant Governor and Council to allow from time to time the necessary sums for the defraying the current and inci- dental expenses by virtue of this Act, and the sums to be so allowed shall be paid out of such moneys as may be provided by the Gen- eral Assembly for that purpose, or if no moneys be specially pro- vided for them, from any unappropriated moneys in the public treasury. XLIII. Forms in schedule may be used. The several forms in the schedule to this Act may be used for and in respect of the sev- eral matters therein mentioned, and the commissioners may, when they think fit, vary such forms where occasion may require, and cause to be printed and circulated such other forms as they may think fit to be used for the purposes of this Act. XLIV. Patent granted out of colony. No letters patent here- after to be obtained in Great Britain or elsewhere, for the exclusive privilege of any trade or manufacture, or any invention in connec- tion therewith, shall be of any validity or effect in this colony, unless letters patent for the privilege of invention in respect of which such foreign letters patent may have been obtained, shall be granted, and issued in pursuance of this Act, nor until all the pro- visions and requirements of this Act shall have been complied with in respect to letters patent. XLV. Interpretation of terms. In the construction of this Act the following expressions shall have the meanings hereby assigned to them, unless such meanings be repugnant to or inconsistent with the context : The expression the " commissioners " shall mean the commis- sioners for the time being acting in the execution of this Act : The expression "chief justice" shall include any person BRITISH HONDURAS. 93 appointed to act as chief justice during a vacancy in the office, and any senior or other puisne judge of the Supreme Court acting in the place of the chief justice during his absence or incapacity, and also any person appointed acting chief justice during such absence or incapacity : The expression " colonial secretary " shall include any person who shall be appointed to act as colonial secretary during any vacancy in the office, and any person appointed to act or acting for such officer during the absence on leave or incapacity of the colonial secretary : The expression " the attorney-general " shall include any person who shall be appointed to act as attorney-general during any vacancy in the office of attorney-general, and any person appointed to act for the attorney-general during his absence or incapacity : The expression " invention " shall mean any manner of new manufacture, the subject of letters patent and grant of privilege within the meaning of the Act of the Imperial Parliament passed in the twenty-first year of the reign of King James the First, chapter three, entitled An act concerning monopolies, and dispensations with penal laws and the forfeitures thereof : The expressions "petition," " declaration," " provisional speci- fication," " warrant," and " letters patent " respectively shall mean instruments in the form and to the effect in the schedule hereto annexed, subject to such alterations as may from time to time be made therein under the powers and provisions of this Act. XLVI. Short title. In citing this Act in other Acts of the Leg- islature, instruments, and proceedings, it shall be sufficient to use the expression "The Patent Law Amendment Act, 1862." XLVII. Operation suspended until confirmation of Act, &c. This Act shall not come into operation until Her Majesty's gracious allowance and confirmation thereof shall have been communicated to the Legislative Assembly, or made public by proclamation by His Excellency the Lieutenant Governor. to* FOREIGN LAWS. The SCHEDULE to which this Act refers. FEES to be paid. 1. To Colonial Secretary. | HI?. On leaving petition for grant of letters patent ... . . 4 On notice of intention to proceed with application 2 On sealing of letters patent or duplicate 6 On filing specification 4 On certificate of payment at or before the expiration of the third year 2 On certificate of payment at or before the expiration of the seventh year 3 On leaving notice of objections 2 Every search or inspection, per hour or less 2 Entry of assignment or license ^ 1 Certificate of assignment or license < 1 Filing application for disclaimer 4 Caveat against disclaimer 4 Copies of documents, per folio of 90 words 2 On each certificate on copy 3 For preparing each advertisement 1 2. To the Attorney- General. P.y the person opposing a grant of letters patent, including summons 16 By the petitioner on hearing the case of opposition, including summons 16 By the petitioner for the hearing previous to the fiat of the Attorney-General allowing a disclaimer or memorandum of alteration in letters patent and specification 14 By the person opposing the allowance of such disclaimer or memorandum of alteration, on the hearing of the case of opposition 14 By the petitioner for the fiat of the Attorney-General allowing a disclaimer or memorandum of alteration on letters patent and specification 16 On investigation of each application, and certificate and report thereon 10 PAYMENTS to be made to the Colonial Secretary and accounted for to the Public Treasurer. On sealing letters patent 25 On every assignment or license.. . . f 5 At or before the expiration of the third year 80 At or before the expiration of the seventh year 100 On duplicate of letters patent lost or destroyed 5 FORMS. No. P' tition. To His Excellency the Lieutenant Governor of the Colony of- British Honduras, The humble petition of [here insert tJie name and address of the petitioner] Showeth, That your petitioner is in possession of an invention for [the title of the invention] BRITISH HONDURAS. 95 ( which invention he believes will be of great public utility ; that he is the true and first inventor thereof ; and that the same is not in use by any other person or persons, to the best of his knowledge and belief. Your petitioner therefor* humbly prays that your Excellency will be pleased to grant unto him, his executors, administrators, and assigns, letters patent for the colony of British Honduras, for the term of fourteen years, pursuant to the statutes in that case made and provided. And your petitioner will ever pray. No. Declaration. I , of , in the colony of British Honduras , do solemnly and eincerely declare that I am in possession of an invention for, &c. [the title as in petition] which invention I believe will be of great public utility ; that I am the true and first inventor thereof ; and that the same is not in use by any other person or persons, to the best or my knowledge and belief ; [where a complete specification is to be filed with the petition and declaration^ insert these words : " and that the instrument in writing under my hand and seal hereunto annexed, particularly describes and ascertains the nature of the said invention, and the manner in which the same is to be performed ;"J And I make this declaration, conscientiously believing the same to be true, and by virtue of the provisions of an Act made and passed in the session of parliament held in the fifth and sixth years of the reign of His late Majesty King William the Fourth, intituled " An Act to repeal an Act of the present session of Parliament, intituled, " ' An Act for the more effectual abolition of oaths and affirmations taken and made " ' in various departments of the state, and to substitute declarations in lieu thereof ** ' and for the more entire suppression of voluntary and extra judicial oaths and ',' affidavits,' and to make other provisions for the abolition of unnecessary oaths." A.B. Declared at in British Honduras, this day of A. n. before me, C. D. , Judge of Supreme Court. or .4 Justice of the Peace. No. Provisional Specification. I do hereby declare the nature of the said invention for [insert title as in petition] tp be as follows : [here insert description'] Dated this day of A. D. ( To be signed by the applicant or his agent.) . Reference. [ To be indorsed on the petition.] The commissioners of patents for inventions refer this petition to the attorney-' general, to consider what may properly be done therein. A. B., Member of Council } Three of the C. D., Member of Council > commissioners E. F. ) of patents. 96 FOREIGN LAWS. Certificate of the Attorney-General, and Warrant thereon of the Commissioners. In obedience to the order of the commissioners of patents referring to me the petition of , of , to consider what may be properly done thereon, I do hereby certify as follows : That the said petition sets forth that the petitioner [allegations of the petition] : And the petitioner humbly prays, [prayer of the petition] : > j. .- That in support of the allegations contained in the said petition, the declaration of the petitioner has been laid before me, whereby he solemnly declares that [allegations of the declaration] : That there has also been laid before me [a provisional specification signed and also a certificate ,] or [a complete specification, and a certificate of the filing thereof], whereby it appears that the said invention was provisionally protected [or protected] from the day of > A. D. , in pursuance of the statute: That it appears the said application was duly advertised : Upon consideration of all the matters aforesaid, and as it is entirely at the hazard of the said petitioner whether the said invention is new or will have the desired suc- cess, and as it may be reasonable to encourage all arts and inventions which may be for the public good, I am of opinion that letters patent may be granted unto the petitioner, his executors, administrators, and assigns, for his said invention within the Colony of British Honduras, for the term of fourteen years, according to the stat- ute in that case made and provided, if the Lieutenant Governor shall be graciously pleased so to do according to the tenor and effect following : [ See next form.] Given under my hand this day of A. D. O. H., Attorney-General. We, the undersigned, commissioners of patents for inventions in British Hon- duras, do warrant hereby the issue of letters patent, according to the tenor and effect above set forth. Three of the commissioners patents. A . B. | Members of the ) Th C. D. \ Executive Council > com K F. ) of Letters Patent. BRITISH HONDURAS ss. VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith. To all to whom these presents shall come, greeting Whereas hath by his petition humbly represented unto the Lieutenant Gov- ernor of our Colony of British Honduras, that he is in possession of an invention for , which the petitioner conceives will be of great public utility ; that he is the true and first inventor thereof, and that the same is not in use by any other person or persons, to the best of his knowledge and belief ; the petitioner therefore most hum- bly prayed that we would be most graciously pleased to grant unto him, his executors, administrators, and assigns, our letters patent for the sole use, benefit, and advantage of his said- invention within our said Colony of British Honduras, for the term of fourteen years, pursuant to the statutes in that case made and provided : BRITISH HONDURAS. 97 [And whereas the said hath particularly described and ascertained the nature of the said invention, and in what manner the same is to be performed, by an instrument in writing under his hand and seal, and has caused the same to be duly filed in the office of the colonial secretary :] And we, being willing to give encouragement to all arts and inventions which may be for the public good, are graciously pleased to condescend to the petitioners' request : Know ye therefore, that we of our especial grace, certain knowledge, and mere motion, have given and granted, and by these presents for us, our heirs and successors, do give and grant unto the said , his executors, administrators, and assigns, our especial license, full power, sole privilege and authority, that he, the said , his executors, administrators, and assigns, and every of them, by himself and themselves, or by his and their deputy or deputies, servants or agents, or such others as he the said , his executors, administrators, or assigns shall at any time agree with, and no others, from time to time and at all times hereafter, during the term of years herein expressed, shall and lawfully may make, use, exercise, and vend his said invention within our said colony of British Honduras, in such manner as to him the said , his executors, administrators, and assigns, or any of them, shall in his or their discretion seem meet ; and that he the said , his executors, administrators and assigns shall and lawfully may have and enjoy the whole profit, benefit, commo- dity, and advantage from time to time coming, growing, accruing, and arising by rea- son of the said invention for and during the term of years herein mentioned ; to have, hold, exercise, and enjoy the said licenses, powers, privileges, and advantages herein- before granted, or mentioned to be granted unto the said , his executors, administrators, and assigns for and during and unto the full end and term of fourteen years from the day of A. D. next and immediately ensuing, according to the statute in such case made and provided ; and to the end that he the said , his executors, administrators, and assigns, and every of them, may have and enjoy the full benefit and the sole use and exercise of the said invention accord- ing to our gracious intention herein-bel'ore declared, we do by these presents for us, our heirs and successors, require and strictly command all and every person and par- sons, bodies politic and corporate, and all others our subjects whatsoever, of what estate, quality, degree, name, or condition soever they be, within our said colony of British Honduras, that neither they nor any of them, at any time during the continu- ance of the said term of fourteen years hereby granted, either directly or indirectly, do make, use, or put in practice the said invention, or any part of the same so attained unto by the said as aforesaid, nor in any wise counterfeit, imitate, or resemble the same, nor shall make or cause to be made any addition thereunto or subtraction from the same, whereby to pretend himself or themselves the inventor or inventors, devisor or devisors thereof, without the consent, license, or agreement of the said , his executors, administrators, or assigns, in writing under his or their hands and seals first had and obtained in that behalf, upon such pains and penalties as can nn'l rruy be justly inflicted ot\ such offenders for their contempt of this our royal command, and further to be answerable to the said , his executors, administra- tors, and assigns according to law for his and their damages thereby occasioned ; and, moreover, we do by these presents for us, our heirs and successors, will and command all and singular the justices of the peace, provost-marshal, alcaldes, con- stables, and all other officers and ministers whatsoever of us, our heirs and successors, for the time being, that they or any of them do not nor shall at any time during th , L-7 9fc FOREIGN LAWS. said term hereby granted, in any wise molest, trouble, or hinder the said , hia executors, administrators, or assigns, or any of them, or his or their deputies, servants, or agents in or about the due and lawful use or exercise of the aforesaid invention, or anything relating thereto : Provided always, and these our letters patent are and shall be upon this condition, that if at any time during the said term hereby granted it shall be made appear to us, our heirs or successors, or to the commissioners of patents in our said colony of British Honduras, that this our grant is contrary to law, or prejudicial or inconvenient to our subjects in general, or that the said invention ia not a new invention as to the public use and exercise thereof, or that the said is not the true and first inventor thereof within this our colony of British Honduras as aforesaid, these our letters patent shall forthwith cease, determine, and be utterly void to all intents and purposes, anything herein-before contained to the contrary thereof in anywise notwithstanding : Provided also, that these our letters patent, or anything herein contained, shall not extend or be construed to extend to give privi- lege unto the said , his executors, administrators, or assigns, or any of them, to use or imitate any invention or work whatsoever which hath heretofore been found out or invented by any other of our subjects whatsoever, and publicly used or exercised, unto whom our like letters patent or privileges have been already granted for the sole use, exercise, and benefit thereof, it being our will and pleasure that the said , his executors, administrators, and assigns, and all and every other person and persons to whom like letters patent or privileges have been already granted as aforesaid, shall distinctly use and practice their several inventions by them invented and found out according to the true intent and meaning of the same respective leiters patent and of these presents : Provided likewise, nevertheless, and these our letters patent are upon this express condition [that if the said shall not particularly describe and ascer- tain the nature of his said invention and in what manner the same is to be performed, by an instrument in writing under his hand and seal, and cause the same to be filed in the colonial secretary's office within six calendar months next and immediately after the date of these our letters patent ;] [and also if the said instrument in writing filed as aforesaid does not describe and ascertain the nature of the said invention, and in what manner the same is to be performed ;] and also if the said , his executors, administrators, or assigns, shall not pay or cause to be paid at the office of the colonial secretary the sums following ; that is to say, the sum of fifty dollars on or before the day of A. D. , and the sum of one hundred dollars on or before the day of A. D. ; and also if the said , his exec- tors, administrators, or assigns, shall not supply or cause to be supplied for our ser- vice all such articles of the said invention as. he or they shall be required to supply by the officers or commissioners administering the department of our service for the use of which the same shall be required, in such manner, at such times, and at and upon such reasonable prices and terms as shall be settled for that purpose by the said officers or commissioners requiring the same, that then and in any of the said cases these our letters patent, and all liberties and advantages whatsoever hereby granted, shall utterly cuase, determine, and become void, anything herein-before con- tained to the contrary thereof in anywise notwithstanding : Provided that nothing herein contained shall prevent the granting of licenses in such manner and for such considerations as they may by law be granted ; and lastly, we do by these presents, for us, our heirs and successors, grant unto the said , his executors, administrators, and assigns, that these our letters patent, or the filing thereof, shall be in and by all BRITISH HONDURAS. 99 things good, firm, valid, sufficient, and effectual in the law according to the true intent and meaning thereof, and shall be taken, construed, and adjudged in the most favorable and beneficial sense for the best advantage of the said , his execu- tors, administrators, and assigns, as well in all our courts of record as elsewhere, and by ail and singular the officers and ministers whatsoever of us, our heirs and suc- cessors, in our said colony of British Honduras ; and amongst all and every the subjects of us, our heirs and successors, whatsoever and wheresoever, notwithstanding the not full and certain describing the nature or quality of the said invention or of the materials thereunto conducing and belonging. In witness whereof we have caused these our letters to be made patent. Witness His Excellency , Lieutenant-Governor of our said colony of British Honduras, at Government House, Belize, the day of A. D. , in the year of our reign. Specification. To all to whom these presents shall come: I , of , send greeting : Whereas Her most Excellent Majesty Queen Victoria, by her letters patent bear- ing date the day of , A. D. , in the year of her reign, did for herself, her heirs and successors, give and grant unto the said her special license that I, the said , my executors, administrators, and assigns, or such others as I, the said , my executors, administrators, and assigns, should at any time agree with, and no others, from time to time, and at all times thereafter during the time therein expressed, should and lawfully might make, use, exercise, and vend within the colony of British Honduras an invention for [insert title- as in letters patent] upon the condition (amongst others) that I the said by an instrument in writ- ing under my hand and seal should particularly describe and ascertain the nature of, the said invention, and in what manner the same was to be performed, and cause the same to be filed in the office of the colonial secretary within six calendar months next and immediately after the date of the said letters patent : Now know ye, that I, the said , do hereby declare the nature of my said invention, and in what manner the same is to be performed, to be particularly described and ascertained in and by the following statement ; (that is to say), [describe tlie invention]. In witness whereof I, the said , have hereunto set my hand and seal, > this day of A. D. A.B. (Seal.) From Carpm. Pat. L. of World, 78. CAMBODIA. See FRANCE. 100 FOREIGN LAWS. CANADA. An Act respecting Patents of Invention. June 14, 1872, 35 Viet. c. 26 ; as amended or modified by later laws.* Preamble. Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as fol- lows : PATENT-OFFICE CONSTITUTED. 1. Minister of agriculture to be commissioner of patents. There shall be attached to the department of agriculture, as a branch thereof, an office to be called the patent-office ; and the minister of agriculture for the time being shall be the commissioner of patents; and it shall be the duty of the said commissioner to receive all applications, fees, papers, documents, and models for patents, and to perform all acts and things requisite to the granting and issuing of patents of inventions; and he shall have the charge and custody of the books, records, papers, models, machines, and other things belonging to the said office. 2. Seal to be made, and impressions thereof to be received in evi- dence. The commissioner shall cause a seal to be made for the pur- poses of this Act, and may cause to be sealed therewith patents and other instruments and copies proceeding from the patent-office; and all courts, judges, and other persons whomsoever shall take notice of such seal, and receive impressions thereof in evidence, in like manner as impressions of the Great Seal are received in evidence, * At the larger law libraries through- arately in 20 Pat. Off. Gaz. 960, and 23 out the United Sates one may consult the Id. 2241. Carpmaels' Pat. L. of World Canadian patent laws in the Statutes of gives them consolidated, placing the Canada themselves ; where they may be amendments taken from later laws in found as follows : their connection with the sections of the Act of June 14, 1872, Stat. 35 Viet, law of 1872 amended. Richards' Digest c. 26, Can. Stat. 97. of Patent Laws, &c. of Canada does the Act of May 23, 1873, 36 Viet. c. 44, same ; he however adds : Can. Stat. 129. Act of May 17, 1882 ; and Act of May 26, 1874, 37 Viet. c. 44, Act of April 19, 1884. Can. Stat. 190. The version given in the text is that Act of April 8, 1875, 38 Viet. c. 14, of Messrs. Carpmaels collated with that of Can. Stat. 91. Mr. Richards (the two do not materially Act of May 25, 1883, 46 Viet. c. 19, differ) with the addition of the Acts of Can. Stat. 831. 1882 and 1884 quoted from Mr. Richards' These enactments may be found sep- reprint. CANADA. 101 and shall also take notice of and receive in evidence, without further proof and without production of the originals, copies, or extracts certified under the seal of the said office to be copies of or extracts from documents deposited in such office. 3. Commissioner to make rules. Publication and effect. The commissioner may, from time to time, subject to the approval of the Governor in Council, make such rules and regulations, and pre- scribe such forms, as may appear to him necessary and expedient for the purposes of this Act, and notice thereof shall be given in the Canada Gazette ; and all documents, executed in conformity with the same and accepted by the commissioner, shall be held valid so far as relating to proceedings in the patent-office. 4. Deputy commissioner and clerks. Employes in patent-office not to be concerned in patents. Exception. The deputy of the min- ister of agriculture shall be the deputy commissioner of patents of invention ; and the Governor in Council may, from time to time, appoint such clerks and officers under him as may be necessary for the purposes of this Act, and such clerks and officers shall hold office during pleasure. No officer or employe of the patent-office shall buy, sell, or acquire, or traffic in an invention or patent, or rights to patents therefor ; and every such purchase and sale, and every assignment or transfer thereof ; by or to any officer or em- ploye as aforesaid, shall be utterly null and void. But this shall not apply to any original inventor, or to the acquisition by bequest. 5.* Annual report and list of patents. Publications of specifi- cations. The commissioner shall cause a report to be prepared annually and laid before Parliament of the proceedings under this Act, and shall, from time to time, and at least once in each year, publish a list of patents granted, and may, with the approval of the Governor in Council, cause such specifications and drawings as may be deemed of interest, or essential parts thereof, to be printed from time to time for distribution or sale. WHO MAY OBTAIX PATENTS. 6. Any person may obtain a patent for his invention, it not hav- ing been then in public use in Canada for more than one year. Form of patent. Proviso : ichat shall not be patentable. Any per- son having invented any new and useful art, machine, manufacture, *According to Richards' edition of the Carpmaels' edition does not mention the patent law of Canada, the text is Section fact of amendment, but gives the section 6 " as amended by Act of May 23, 1873 ;" in the same language. 102 FOREIGN LAWS. or composition of matter, or any new and useful improvement on any art, machine, manufacture, or composition of matter, not known or used by others before his invention thereof, and not being in public use or on sale for more than one year previous to his applica- tion in Canada, with the consent or allowance of the inventor thereof, may, on a petition to that effect presented to the commissioner, and on compliance with the other requirements of this Act, obtain a patent granting to such person an exclusive property therein ; and the said patent shall be under the seal of the patent-office and the signature of the commissioner, or the signature of another member of the Privy Council, and shall be good and avail to the grantee, his executors, administrators, or assigns, for the period mentioned in such patent ; but no patent shall issue for an invention having an illicit object in view, nor for any mere scientific principle or abstract theorem. 7. As to inventions for which foreign patents have been taken out. But an inventor shall not be entitled to a patent for his invention, if a patent therefor in any other country shall have been in existence in such country more than twelve months prior to the application for such patent in Canada ; and if during such twelve months any person shall have commenced to manufacture in Canada the article for which such patent is afterwards obtained, such person shall continue to have the right to manufacture and sell such article, notwithstanding such patent ; and under any circumstances, where a foreign patent exists, the Canadian patent shall expire at the earliest date at which any foreign patent for the same invention expires. 8. -Representatives of inventor may obtain the patent. The patent may be granted to any person to whom the inventor entitled under the sixth section to obtain a patent has assigned or bequeathed the right of obtaining the same, or in default of such assignment or bequest, to the executors or administrators or other legal representatives of the deceased inventor. [NOTE.* The words in italics were added by 36 Viet. cap. 44.] 9. As to patents for improvements on patented inventions.^. Proviso. Any person who has invented any improvement on any patented invention may obtain a patent for such improvement, but shall not thereby obtain the right of vending or using the original invention, nor shall the patent for the original invention confer the right of vending or using the patented improvement. * Notes printed in this form are from Carpmaels' edition. CANADA. 103 10. As to joint application for patent. In cases of joint appli- cations, the patent shall be granted in the names of all the appli- cants ; and in such cases any assignment from one of the said applicants or patentees to the other, or to any person, shall be regis- tered iu like manner as other assignments. CONDITIONS AND FORMALITIES. 11. Declaration to be made by application for a patent. Before whom. Applicant to elect a domicile in Canada. Every inventor, before a patent can be obtained, shall make oath, or, when entitled by law to make an affirmation instead of an oath, shall make an affirmation, that he verily believes that he is, or, in the case of the inventor being deceased, the applicant shall make oath or affirm that the person whose assignee or representative he is, was the inventor of the invention for which the patent is solicited, and that the several allegations in the petition contained are respectively true and correct. Such oath or affirmation may be made before any justice of the peace in Canada ; but if the inventor or the applicant is not at the time in Canada the oath or affirmation may be made before any minister plenipotentiary, charge d' affaires, consul, vice- consul, or consular agent, holding commission under the government of the United Kingdom, or any Judge of a court of record or a public notary, or the mayor or other chief magistrate of any city, borough, or town corporate in the country in which the applicant happens at the time to be. [NOTE.* The words in italics were added by 36 Viet. cap. 44.] 12. Particulars required in application. The petitioner for a patent shall for all the purposes of this Act elect his domicile at some known and specified place in Canada, and mention the same in his petition for a patent. 13. Specification and drawing, form of, and what to show. The applicant shall, in his petition for a patent, insert the title or name of the invention, and shall, with the petition, send in a specifica- tion, in duplicate. 14. Commissioner may require farther drawings. Drawings, how disposed of. The specification shall correctly and fully describe the mode or modes of operating contemplated by the inventor ; and shall state clearly and distinctly the contrivances and things which he claims as new, and for the use of which he * Note3 printed in this form are from Carpmacls' edition. 104 FOREIGN LAWS. claims an exclusive property and privilege ; it shall bear the name of the place where it is made, the date, and be signed by the inven- tor, if he be alive (and if not, by the applicant) and two witnesses ; in the case of a machine the specification shall fully explain the principle and the several modes in which it is intended to apply and work out the same ; in the case of a machine, or in any other case where the invention admits of illustration by means of draw- ings, the applicant shall also, with his application, send in drawings in duplicate showing clearly all parts of the invention ; and each drawing shall bear the signature of the applicant or of his attorney, and shall have written references corresponding with the specifica- tion, but the commissioner may require further drawings or dis- pense with any of them, as he may see fit ; one duplicate of the specification and of the drawings, if there are drawings, shall be annexed to the patent of which it forms an essential part, and the other duplicate shall remain deposited in the patent office. *But the said commissioner may, in his discretion, dispense with the said duplicate specification and drawing, and in lieu thereof cause copies of the specification and drawing, in print or otherwise, to be attached to the patent of which they shall form an essential part. [NOTE. The words following the asterisk were added by 36 Viet. cap. 44.] 15. Working model to be delivered to the commissioner. Or specimens of ingredients. Exception as to explosive materials. The applicant shall also deliver to the commissioner, unless specially dispensed from so doing for some good reason, a neat working model of his invention on a convenient scale, exhibiting its several parts in due proportion, whenever the invention admits of such model ; and shall deliver to the commissioner specimens of the ingredients, and of the composition of matter sufficient in quantity for the purpose of experiment, whenever the invention is a composition of matter; provided such ingredients and composition are not of an explosive character or otherwise dangerous, in which case they are to be furnished only when specially required by the commissioner, and then with such precautions as shall be prescribed in the said requisition. CONTEXTS, DURATION, SURRENDER, RE-ISSUE OF PATENTS, AND DISCLAIMERS. 16. Contents of patents. Conditions. Every patent granted under this Act shall contain the title or name of the invention, with a reference to the specification, and shall grant to the patentee, CANADA. 105 his executors, administrators, legal representatives, and assigns, for the period therein mentioned for the granting of the same, the exclusive right, privilege, and liberty of making, constructing, and using, and vending to others to be used, the said invention, subject, nevertheless, to adjudication before any court of competent juris- diction. [XoTK. The words in italics were added by 36 Viet. cap. 44.] 17. Duration of patents and periodical extension not exceed- ing fifteen years in all. Form of extension. The term limited for the duration of every patent of invention issued by the patent-office shall be fifteen years ; but at the time of the application therefor it shall be at the option of the applicant to pay the full fee required for the term of fifteen years, or the partial fee required for the term of five years, or the partial fee required for the term of ten years. In case a partial fee only is paid the propoilion of the fee paid shall be stated in the patent, and the patent shall, notwithstanding any- thing therein or in this Act contained, cease at the end of the term for which the partial fee has been paid, unless at or before the expiration of the said term the holder of the patent pays the fee required for the further term of five or ten years, and takes out from the patent-office a certificate of sucb payment (in the form which may be from time to time adopted) to be attached to and to refer to. the patent, and under the signature of the commissioner, or, in case of his absence, another member of the Privy Council ; and in case such second payment, together with the first payment, makes up only the fee required for ten years, then the patent shall, notwithstanding anything therein or in this Act contained, cease at the end of the term of ten years, unless at or before the expiration of such term the holder thereof pays the further fee required for the remaining five years, making up the full term of fifteen years, and takes out a like certificate in respect thereof. Every patent heretofore issued by the patent-office in respect of which the fee required for the whole or for any unexpired portion of the term of fifteen years, has been duly paid according to the provisions of the now existing law in that behalf, has been and shall be deemed to have been issued for the term of fifteen years, subject, in case a partial fee only Las been paid, to cease on the same conditions on which patents hereafter issued are to cease under the operation of this section. [NOTE. The original clause 17 was repealed and the above substituted by 46 Viet. cap. 19.] 106 FOREIGN LAWS. 18. Patents or extension to be examined by minister of justice before granted. Every patent and instrument for the extension of time as aforesaid shall, before it is signed by the commis- sioner or any other member of the Privy Council, and before the seal hereinbefore mentioned is affixed to it, be examined by the minister* of justice, who, if he finds it conformable to law, shall certify accordingly, and such patent or instrument may then be signed and the seal affixed thereto, and being duly reistered, shall avail to the grantee thereof. 19. In certain cases of error, &c., the commissioner may cause a new patent to issue, on amended specification. Effect of new patent and specification. Whenever any patent shall be deemed defective or inoperative by reason of insufficient description or specification, or by reason of the patentee claiming more than he had a right to claim as new, but at the same time it appears that the error arose from inadvertence, accident, or mistake, without any fraudulent or deceptive intention, the commissioner may, upon the surrender of such patent, and the payment of the further fee hereinafter provided, cause a new patent, in accordance with an amended description and specification to be made by such patentee, to be issued to him for the same invention for any part or the whole of the then unexpired residue of the period for which the original patent was or might have been, as hereinbefore directed, granted ; in case of the death of the original patentee or of his having assigned the patent, a like right shall vest in his assignee or legal representative : The new patent, and the amended description and specification, shall have the same effect in law, on the trial of any action thereafter commenced for any cause subsequently accruing, as if the same had been originally filed in such corrected form before the issue of the original patent, and the commissioner may entertain separate applications and cause patents to be issued for distinct and separate parts of the thing patented, upon payment of the fee for a re-issue for each of such re-issue putents. [NOTE. The words in italics were added by 38 Viet. cap. 14.] 20. Patentee may disclaim anything included in patent by mis- take. Form. Disclaimer not to effect pending suits. In case of death of patentee. Effect of disclaimer. Similarly, whenever by any mistake, accident, or inadvertence, and without any willful intent to defraud or mislead the public, a patentee has made his specification too broad, claiming more than that of which he or the party through whom he claims was the first inventor, or has in the CANADA. 107 specification claimed that he or the party through whom he claims was the first inventor of any material or substantial part of the invention patented, of which he was not the first inventor, and to which he had no legal right ; the patentee may, on payment of the fee hereinafter provided, make disclaimer of such parts as he does not claim to hold by virtue of the patent or the assignment thereof : such disclaimer shall be in writing, and in duplicate, and attested in the manner hereinbefore prescribed for a patent, one copy to be filed and recorded in the office of the commissioner, the other copy to be attached to the patent and made a part thereof by reference, and such disclaimer shall thereafter be taken and considered as part of the original specification. Such disclaimer shall not affect any action pending at the time of its being made, except in so far as may relate to the question of unreasonable neglect or delay in mak- ing it. In case of the death of the original patentee or of his having assigned the patent, a like right shall vest in his assigns or legal representatives respectively, any of whom may make disclaimer. The patent shall thereafter be deemed good and valid for so much of the invention as is truly the disclaimant's own, and not dis- claimed, provided it be a material and substantial part of the inven- tion, and definitely distinguished from other parts claimed without right ; and the disclaimant shall be entitled to maintain a suit for such part accordingly. ASSIGNMENT AND INFRINGEMENT OF PATENTS. 21. Government may use patented invention. The government of Canada may always use any patented invention, paying to the patentee such sum as the commissioner may report to be a reason- able compensation for the use thereof. 22. Patents to be assignable. To be registered on pain of nullity. Every patent for an invention whensoever issued shall be assignable in law either as to the whole interest or as to any part thereof, by any instrument in writing ; but such assignment, and also every grant and conveyance of any exclusive right to make and use and to grant to others the right to make and use the invention patented, within and throughout Canada or any part thereof, shall be registered in the office of the commissioner, in the manner from time to time adopted by the commissioner of patents for such regis- tration ; and every assignment affecting a patent for invention shall be deemed null and void against any subsequent assignee unless such instrument is registered as hereinbefore prescribed, before the regis-, 108 FOREIGN LAWS. tering of the instrument under which such subsequent assignee may claim. 23. Remedy for infringement of patent. Every person who, without the consent in writing of the patentee, makes, constructs, or puts in practice any invention for which a patent has been obtained under this Act, or any previous Act, or procures such invention from any person not authorized to make or use it by the patentee, and uses it, shall be liable to the patentee in an action of damages for so doing ; and the judgment shall be enforced, and the damages and costs that may be adjudged shall be recovered in like manner as in other cases in the court in which the action is brought. 24. Action for infringement of patent. Injunction may issue. Appeal attowed. An action for the infringement of a patent may be brought before any court of record having jurisdiction to the amount of damages asked for, and having its sittings within the province in which the infringement is said to have taken place, and being, at the same time, of the courts of such jurisdiction within such province, the one of which the place of holding is nearest to the place of residence or of business of the defendant ; and such court shall decide the case and determine as to costs. In any action for the infringement of a patent, the court, if sitting, or any judge thereof in chambers if the court be not sitting, may, on the applica- tion of the plaintiff or defendant respectively, make such order for an injunction, restraining the opposite party from further use, man- ufacture, or sale of the subject matter of the patent, and for his punishment, in the event of disobedience to such order, or for inspection or account, and respecting the same and the proceedings in the action, as the court or judge may see fit ; But from such order an appeal shall lie under the same circumstances and to the same court, as from other judgments or orders of the court in which the order was made. 25. Court may discriminate in certain cases. Whenever the plaintiff fails to sustain his action, because his specification and claim embrace more than that of which he was the first inventor, and it appears that the defendant used or infringed any part of the invention, justly and truly specified and claimed as new, the court may discriminate, and the judgment may be rendered accordingly. 26. Defense in actions for infringement. The defendant, in any such action, may specially plead as matter of defense, any fact or default which by this Act, or by law, would render the patent void; and the court shall take cognizance of that special pleading and of CANADA. 109 the facts connected therewith, and shall decide the case accord- ingly, NULLITY, IMPEACHMENT, AND AVOIDANCE OF PATENTS. 27. Patents man & e declared void in certain cases, or valid only for part. Copy of judgment to be sent to patent-office. A patent shall be void if any material allegation in the petition or declaration' of the applicant be untrue, or if the specification and drawings con- tain more or less than is necessary for obtaining the end for which they purport to be made, such omission or addition being willfully made for the purpose of misleading ; but if it shall appear to the court that such omission or addition is simply an involuntary error, and it is proved that the patentee is entitled to the remainder of his patent pro tanto, the court shall render a judgment in accord- ance with the facts, and determine as to costs, and the patent shall be held valid for such part of the invention described ; and two office copies of such judgment shall be furnished to the patent-office by the patentee, one to be registered and to remain of record in the office, and the other to be attached to the patent, and made a part of it by a reference. 28. Patents to be conditioned for the manufacture in Canada of the thing patented: and of the patentee's not importing it into Canada. Proviso. Commissioner may extend the term for manu- facture in Canada. Every patent granted under this Act shall be subject and expressed to be subject to the condition that such pat- ent and all the rights and privileges thereby granted shall cease and determine, and the patent shall be null and void at the end of two years from the date thereof, unless the patentee, or his assignee or assignees, shall within that period have commenced, and shall, after such commencement, continuously carry on in Canada the construction or manufacture of the invention or discovery patented, iu such manner that any person desiring to use it may obtain it or cause it to be made for him at a reasonable price, at some manu- factory or establishment for making or constructing it, in Canada, and that such patent shall be void if, after the expiration of twelve months from the granting thereof, the patentee, or his assignee or assignees, for the whole or a part of his interest in the patent, imports or causes to be imported into Canada, the invention for which the patent is granted; and provided always, that in case disputes should arise as to whether a patent has or has not become null and void under the provisions of this section, such disputes shall be settled 110 FOREIGN LAWS. by the minister of agriculture, or his deputy, whose decision shall be final. (a) Whenever a patentee has been unable to carry on the con- struction or manufacture of his invention within the two years here- inbefore mentioned, the commissioner may at any time not more than three months before the expiration of that period grant to the patentee a further-delay on his adducing proof to the satisfaction of the commissioner that he was for reasons beyond his control prevented from complying with the above mentioned condition.* [NOTE. The words to which (a) is prefixed were substituted by 88 Viet. c. 14.] 29. Proceedings for impeachment of patent. Scire facias may issue. Any person desiring to impeach any patent issued under this Act, may obtain a sealed and certified copy of the patent and of the petition, affidavit, specification, and drawings thereunto relating, and may have the same filed in the office of the prothonotary or clerk of the Superior Court for the province of Quebec, or of the Court of Queen's Bench or Common Pleas for the province of Ontario, or of the Supreme Court in the province of Nova Scotia, or of the Supreme Court in the province of New Brunswick, according to the domicile elected by the patentee as aforesaid, or in the court of highest juris- diction in the province of Manitoba or British Columbia, which courts shall adjudicate on the matter, and decide as to costs. The patent and documents aforesaid shall then be held as of record in such court, so that a writ of scire facias under the seal of the court grounded upon such record, may issue for the repeal of the patent, for cause as aforesaid, if upon proceedings had upon the writ in accordance with the meaning of this Act, the patent be adjudged to be void. [NOTE. The words in italics were substituted by 37 Viet. c. 44.] 30. Judgment voiding patent to be filed in patent-office. A cer- * According to Richards' edition of the may import or cause to be imported into Patent Laws of Canada the following Canada the invention for which the patent " sub-section 3 " was inserted in section is granted : Provided, that the patentee or 28, by Act, May 17, 1882. his assignee or assignees for the whole or 3. Further provision as to extension of any part of the patent, shall show cause patent. The commissioner may grant to satisfactory to the commissioner to war- the patentee or his assignee or assignees rant the granting of such extension : but for tne whole or any part of the patent, no extension shall be granted unless an extension for a further period of application be made to the commissioner time, not exceeding one year beyond the at some time within three months before twelve months limited by the first para- the expiry of the twelve months afore- graph of this section, during which he said or any extension thereof. CANADA. Ill tificate of the judment voiding any patent shall, at the request of any person or party filing it, to be of record in the patent-office, be entered on the margin of the enrollment of the patent in the office of the commissioner, and the patent shall thereupon be and be held to have been void and of no effect, unless and until the judgment be reversed on appeal, as hereinafter provided. 31. To be subject to appeal. The judgment declaring any patent void, shall be subject to appeal to any court of appeal having appellate jurisdiction in other cases over the court by which the same was rendered. PARENTS ISSUED UNDER FOREIGN LAWS. 32. Existing provincial and dominion patents to remain in force. Extension of provincial patents to other provinces, on certain con- ditions. All patents issued under any Act of the Legislature of the late province of Canada, or of Nova Scotia, or of New Brunswick, or of British Columbia, and all patents issued for the provinces of Ontario and Quebec, under any Act of the late province of Canada, and all patents issued under the Patent Act of 1869, to the date of the coming into operation of the present Act, shall remain in force for the same term and for the same extent of territory, as if the Act under which they were issued had not been repealed, but sub- ject to the provisions of this Act in so far as applicable to them. 2. And it shall be lawful for the commissioners upon the appli- cation of the patentee named in any such patent, being the inventor of the subject matter of the patent, if the subject matter of the patent has not been known or used, nor with the consent of the patentee on sale in any of the other provinces of the Dominion, to issue on payment of the proper fees in that behalf a patent under this Act extending such provincial patent over the whole of the Dominion, for the remairlder of the term mentioned in the provin- cial patent. 33. Records of provincial patent-offices to be handed over to the commissioner. All the records of the patent-offices of the late province of Canada, and of the provinces of Ontario and Quebec, of Nova Scotia and New Brunswick, and British Columbia, shall be handed over by the officers in charge of them to the commissioner of patents of invention, to form part of the records of the patent- office for the purposes of this Act. 112 FOREIGN LAWS. TARIFF OF FEES. 34. Tariff of fees. The following fees shall be payable to the commissioner, before an application for any of the purposes herein- after mentioned shall be entertained, that is to say : $ On petition for a patent for 5 yea-3 20 00 On petition for a patent for 10 years 40 00 On petition for a patent for 15 years 60 00 On petition for extension from 6 to 10 years 20 00 On petition for extension from 10 to 15 years 20 00 On petition for extension from 5 to 15 years 40 00 On lodging a caveat 5 00 On asking to register a judgment pro tanio 1 4 00 On asking to register an assignment 2 00 On asking to attach a disclaimer to a patent 2 00 On asking for a copy of patent with specification 4 00 On petition to re-issue a patent after surrender ; and on petition to extend a former patent to the dominion, for every uuexpired year of the duration of sub-patent, the fee shall be at the rate of 4 00 On office copies of documents, not above mentioned, the follow- ing charges shall be made : * For every single or first folio of certified copy 50 For every subsequent hundred words (fractions from and under fifty being not counted, and over fifty being counted for one hundred. ) 25 35. For copies of drawings. For every copy of drawings, the party applying shall pay such sum as the commissioner considers a fair remuneration for time and labor expended thereon by any officer of the department or person employed to perform such ser- vice. 36. Fees to be in full of all services. The said fees shall be in full of all services performed under this Act, in any such case, by the commissioner or any person employed in the patent-office. 37. Fees to form part of consolidated revenue fund. Excep- tion. All fees received under this Act shall be paid over to the receiver-general and form part of the consolidated revenue fund of Canada, except such sums as may be paid for copies of drawings when made by persons not receiving salaries in the patent-office. 38. Return of fees in certain cases only. Case of withdrawal. No fee shall be made the subject of exemption in favor of any per- son ; and no fee once paid, shall be returned to the person who paid it, except : CANADA. 113 1, When the invention is not susceptible of being patented ; 2. When the petition for a patent is withdrawn ; And in every such case the commissioner may return one half of the fee paid ; And in the case of withdrawal, a fresh application is necessary to revive the claim, as if no proceeding had taken place in the matter. MISCELLANEOUS PROVISIONS. 39. Intending applicant for a patent may file a caveat. Effect of caveat. Proviso: duration of caveat. An intending applicant for a patent who has not yet perfected his invention, and is in fear of being despoiled of his idea, may file in the patent-office a descrip- tion of his invention so far, with or without plans, at his own will ; and the commissioner, on reception of the fee hereinbefore pre- scribed, shall cause the said document to be preserved in secrecy, with the exception of delivering copies of the same whenever required by the said party or by any judicial tribunal the secrecy of the document to cease when he obtains a patent for his inven- tion ; and such document shall be called a caveat : Provided always, that if application shall be made by any other person for a patent for any invention with which such caveat may in any respect inter- fere, it shall be the duty of the commissioner forthwith to give notice by mail to the person who has filed such caveat, and such person shall within three months after the date of mailing the notice, if he would avail himself of the caveat, file his petition and take the other steps necessary on an application for patent, and if, in the opinion of the commissioner, the applications are interfering, like proceedings may be had in all respects as are by this Act pro- vided in the case of interfering applications : Provided further, that unless the person filing any caveat shall within one year from the filing thereof have made application for a patent, the commissioner of patents shall be relieved from the obligation of giving notice, the caveat then remaining as a simple matter of proof as to novelty or priority of invention if needed. 40. Commissioner may object to grant a patent in certain cases. The commissioner may object to grant a patent in the following cases : 1. When is he of opinion that the alleged invention is not pat- entable in law ; 2. When it appears to him that the invention is already in th I 8 114 FOREIGN LAWS. possession of the public with the consent or allowance of the inven- tor ; 3. When it appears to him that there is no novelty in the inven- tion ; 4. When it appears that the invention has been described in a book or other printed publication before the date of the application, or is otherwise in the possession of the public ; 5. When it appears that the invention has already been patented in Canada (or elsewhere, when the case is one within the seventh section of this Act), except, however, when the case is one in which the commissioner has doubts as to whether the patentee or the applicant is the first inventor. 41. Commissioner to notify ground of objection to applicant. Whenever the commissioner objects to grant a patent as aforesaid, he shall notify the applicant to that effect, and shall state the ground or reason therefor with sufficient detail to enable the applicant to answer, if he can, the objection of the commissioner. 42. Appeal by applicant to Governor in Council. Every appli- cant who has failed to obtain a patent by reason of the objection of the commissioner as aforesaid, may at any time within six months after notice thereof has been addressed to him or his agent, appeal from the decision of the commissioner to the Governor in Council. 43. Arbitration in case of interfering applications. The same: Appointment of arbitrators. Their oath of office. Powers of arbi- trators tosummon and swear witnesses. Willful false evidence to be perjury. As to fees to arbitrators, and by whom paid. In case of interfering applications for any patent, the same shall be submitted to the arbitration of three skilled persons, one of whom shall be chosen by each of the applicants, and the third person shall be chosen by the commissioner or by his deputy or the person appointed to perform the duty of that office ; And the decision or award of such arbitrators, or any two of them, delivered to the commissioner in writing, and subscribed by them or any two of them, shall be final as far as respects the granting of the patent: 2. If either of the applicants refuses or fails to choose an arbi- trator, when required so to do by the commissioner, the patent shall issue to the opposite party ; And when there are more than two interfering applicants, and the parties applying do not all unite in appointing three arbitrators, the commissioner or his deputy or per- son appointed to perform the duty of that officer, may appoint the three arbitrators for the purposes aforesaid : CANADA. 115 3. The arbitrators so named shall, before a judge of any court in any of the provinces of Canada, subscribe to the following oath : " I, the undersigned (A. B.), being duly appointed an arbitrator under the authority of the forty-third section of the Patent Act of 1872, do hereby solemly swear (or affirm, as the case may be), that I will well and truly perform the duty of such arbi- trator on the the interfering applications of (C. D. and E. F.) submitted to me :" 4. The arbitrators, or any one of them, after having been so sworn, shall have the power of summoning before them any party or witness, and of requiring him to give evidence on oath, orally, or in writing (or on solemn affirmation, if the person be entitled to affirm in civil matters), and to produce such documents and things as such arbitrators deem requisite to the full investigation of the matters into which they are appointed to examine, and shall then have the same power to enforce the attendance of such witnesses, and to compel them to give evidence, as is vested in any court of law in civil cases, in the province in which the arbitration is to be had; and any willfully false statement made by any such witness on oath or solemn affirmation, shall be deemed to be willful and corrupt per- jury ; but no such party or witness shall be compelled to answer any question, by his answer to which he might render himself liable to a criminal prosecution: 5. The fees for the services of arbitrators shall be a matter of agreement between the said arbitrators and the parties, and shall be paid by the parties naming them, respectively, except those of the arbitrator or arbitrators when named by the Commissioner of Pat- ents, which shall be paid by the applicants jointly. 44. Documents to be open to inspection. All specifications, drawings, models, disclaimers, judgments, and other papers, except caveats, shall be open to the inspection of the public at the patent- office, under such regulations as may be adopted in that behalf. 45. As to clerical errors. Clerical errors happening in the fram- ing or copying of any instrument of the patent-office, shall not be construed as invalidating the same, but when discovered they may be corrected under the authority of the Commissioner. 46. Destroyed patent may be replaced. In case any patent be destroyed or lost, others of the like tenor, date, and effect may be issued in lieu thereof, on the party paying the fees hereinbefore pre- scribed for office copies of documents. 47. As to use of patented invention in foreign vessels. No pat- ent shall extend to prevent the use of any invention in any foreign 116 FOREIGN LAWS. ship or vessel, where such invention is not so used for the manufact- ure of any goods to be vended within or exported from Canada. 48. Patent not to affect a previous purchaser of the invention. Proviso : As to other persons. Every person who before the issuing of a patent has purchased, constructed or acquired any invention for which a patent has been obtained under this Act, shall have the right of using and vending to others, the specific article, machine, manufacture, or composition of matter patented, so purchased, con- structed, or acquired before the issue of the patent therefor, with- out being liable to the patentee or his representatives for so doing; but the patent shall not be held invalid as regards other persons by reason of such purchase, construction, or acquisition, or use of the invention by the person first aforesaid, or by those to whom he may have sold the same, unless the same was purchased, constructed, or acquired or used for a longer period than one year before the appli- cation for a patent therefor, which circumstance would then have the effect of making the invention one having become public and in public use. 49. Patented articles to be marked as such. Penalty for default. Every patentee under this Act shall stamp or engrave on each patented article sold or offered for sale by him the year of the date of patent applying to such article thus : " Patented 1872," or as the case may be ; or when from the nature of the article this cannot be done by fixing to it or to every package wherein one or more of such articles is or are enclosed a label marked with a like notice ; and any such patentee selling or offering for sale any such patented article not so marked or not enclosed in a package so marked shall be liable to the punishment of a fine not to exceed one hundred dollars, and in default of the payment of such fine, to imprisonment not to exceed two months. [NOTE. The original clause 49 was repealed and the above substituted by 38 Viet. c. 14.] 50. Falsely marking anything as patented to be a misdemeanor. Punishment. Whosoever writes, paints, prints, moulds, casts, carves, engraves, stamps, or otherwise marks upon anything made or sold by him, and for the sole making or selling of which he is not the patentee, the name or any imitation of the name of any patentee for the sole making or selling of such thing without the consent of such patentee or without the consent of the patentee, writes, paints, prints, moulds, casts, carves, engraves, stamps, or otherwise marks upon anything not purchased from the patentee, the words CANADA. 11 1 " Patent," " Letters Patent," Queen's Patent," " Patented," or any word or words of like import, with the intent of counterfeiting or imitating the stamp, mark, or device of the patentee, or of deceiv- ing the public and inducing them to believe that the thing in ques- tion was made or sold by or with the consent of the patentee, or whosoever puts to sale as patented, any article not patented in Canada, for the purpose of deceiving the public, shall be deemed guilty of misdemeanor, and shall on conviction be punished therefor by fine, or by imprisonment, or both, in the discretion of the court before which the conviction shall be had ; but the fine shall not exceed two hundred dollars, nor shall the imprisonment exceed three months. 51. Making false entry or copy in matters subject to this Act to be a misdemeanor. Any person willfully making or causing to be made any false entry in any register or book, or any false or altered copy of any document relating to the purposes of this Act, or who shall produce or tender any such false or altered document, know- ing the same to be such, shall be guilty of a misdemeanor, and shall be punished by fine and imprisonment accordingly. 52. inconsistent enactments repealed. JKxception. Chapter thirty-four of the Consolidated Statutes of the late Province of Canada, respecting Patents for Inventions, Chapter one hundred and seventeen of the Revised Statutes of Nova Scotia (third series), Chapter one hundred and eighteen of the Revised Statutes of New Brunswick, and the Patents Ordinance, 1867, of British Columbia, the Patent Act of 1869, and any Act amending any of the said Acts or laws, or any other Act relating to patents, are hereby repealed, in so far as they or any of them may be inconsist- ent with this Act, or make any provision in any matter provided for by this Act, except only as respects all rights acquired and penalties or liabilities incurred under the said laws or any of them, before the coming into force of this Act, as to which they shall remain in force, and nothing in this Act contained shall affect any suit pending in any court of law or equity at the time of the coming into force of this Act. 53. Short title. In citing this Act it shall be sufficient to call it "The Patent Act of 1872." 54. Commencement of Act. This Act shall commence and take effect on the first day of September, 1872. From Carpm. Pat. L. of World, 105. 118: FOREIGN LAWS. Provisions of Act of April 8, 1875, Stat. 38 Viet. c. 14, extending the foregoing law to Prince Edward Island. 4. Provisions of 35 V., c. 27, and its amending Acts and pat- ents issued under them, extended to Prince IZdward Island. From and after the passing of this Act all and every the provisions of The Patent Act of 1872, as amended by this Act, and of the Acts amending the same, shall have the same force and effect in Prince Edward Island as the same then respectively have in the other provinces forming this Dominion ; and every patent theretofore issued under the said Acts or any of them shall extend over the said province for the remainder of the term mentioned therein. 6. Inconsistent enactments of acts of General Assembly of Prince Edward Island repealed. The following Acts of the General Assembly of Prince Edward Island are hereby repealed, that is to say The Act passed in the seventh year of the reign of his late Majesty King William IV., chapter twenty-one, entitled An Act for granting Patents for useful Inventions ; the Act passed in the thirty-second year of Her Majesty's reign, chapter twenty, entitled An Act to add to and amend the Act relating to Patents for useful Inventions ; and the Act passed in the thirty-third year of her Majesty's reign, chapter nineteen, entitled An Act to amend the Act relating to Patents for useful inventions, but in so far only as such Acts, or any of them, may be inconsistent with this Act or make any provision in any matter provided for by this Act except only as respects all rights acquired and penalties or liabilities incurred under the said Acts, or any of them, before the coming into force of this Act, as to which the said Acts shall remain in force ; and nothing in this Act contained shall affect any suit pending in any court of law or equity at the time of the coming into force of this Act. From Richards' Digest of Patent-Laws (of Canada), 12. PATENTS ISSUED UNDER FORMER LAWS. 6. Existing provincial patents to remain in force. All patents, issued under the said Acts of the General Assembly of Prince Edward Island, or any of them, to the date of the passing of this Act shall remain in force in the said province for the same term as if the Act or Acts under which such patent respectively were issued had not been repealed, but subject to all the provisions of this Act, CANADA. 119 in so far as such provisions, or any of them, may be applicable to such patents respectively. 2. Extension of provincial patent provided for. And it shall be lawful for the commissioner, upon the application of the patentee named in any such patent, being the inventor of the subject-matter of the patent, if the subject-matter of the patent has not been known or used nor with the consent of the patentee on sale, in any of the other provinces of the dominion, to issue, on payment of the proper fees in that behalf, a patent under this Act extending such provincial patent over the whole of the dominion, for the remainder of the term mentioned in the provincial patent. 7. Records of patent office of Prince Edward Island to be handed over to commissioner. All the records of the Province of Prince Edward Island shall be handed over by the officers in charge of them to the commissioner of patents of invention, to form part of the records of the patent-office for the purposes of the Act hereby amended and of the Acts amending the same and of this Act. 8. Proceedings for impeachment of patents. Any person desir- ing to impeach any patent issued under The Patent Act of 1872, as amended by subsequent Acts and by this Act, the petitioner for which has elected his domicile at any place in Prince Edward Island, may obtain a sealed and certified copy of the patent and of the petition, affidavit, specification and drawings thereunto relating, and may have the same filed in the office of the clerk of the Supreme Court of Judicature in that province, which court shall adjudicate on the matter and decide as to costs. The patent and documents aforesaid shall then be held as of record in such court, so that a writ of scire facias under the seal of the court grounded upon such record may issue for the repeal of the patent, for cause as aforesaid, if upon proceeding had upon the writ in accordance with the mean- ing of this Act, the patent be adjudged to be void. 9. Act to be one with former Acts. Short title. This Act shall be read and construed as one Act with the Act hereby amended, and the two Acts amending the same; and the said four Acts may be cited together as The Patent Acts, 1872 to 1875. From Richards' Digest of Patent Laics, &c. (of Canada), 24. FOREIGN LAWS. Act of April 19, 1884, Stat. 47 Viet. c. 38, 1. A bill or note given for a patent right or interest therein, to have certain words on its face. A bill of exchange or promissory note, the consideration of which consists in whole or in part of the purchase money of a patent right, or of a partial interest (limited geographically or otherwise) in a patent right, shall have written or printed prominently and legibly across the face thereof, before the same is issued, the words " given for a patent right." 2. Purchaser or holder of such instrument to take it subject to certain rights of defense. The indorsee or other transferee of any such instrument having the words aforesaid so printed or written thereon shall take the same subject to any defense or set-off in respect of the whole or any part thereof, which would have existed between the original parties. 3. Punishment for inducing any one to make, take, t&c. such bill or note without certain words to it. Any one who issues, sells or transfers by indorsement or delivery any such instrument not having the words " given for a patent right " printed or written in manner aforesaid across the face thereof, knowing the consideration of such instrument to have consisted in whole or in part of the pur- chase money of a patent right, or of a partial interest (limited geo- graphically or otherwise) in a patent right, shall be guilty of a mis- demeanor, and shall be liable to be imprisoned in any jail or other place of confinement for any term not more than once year, or to such fine as the judge may think fit, not exceeding two hundred dollars. From Richards' Digest of Patent Laws, &c. (of Canada). CAPE COLONY. 121 CAPE COLONY : CAPE OF GOOD HOPE. Act to provide for the granting, in this Colony, of Patents for Inventions. No. IT of I860.* Preamble. Whereas it is expedient that the making of new and useful inventions should be encouraged by securing to their inven- tors, for a limited time, the exclusive enjoyment thereof : Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assem- bly thereof, as follows : I. Interpretation of terms. In the interpretation of this Act the term " invention " shall bear and have the same meaning as the term " invention " bears and has in the Act of the Imperial Parlia- ment, the 15th and 16th of Her Majesty, chapter 83, and the term "letters patent" shall mean authorizations granted by the governor under the public seal of the colony, and the term " proceeding in the nature of a scire facias " shall mean as much as may be what the same term would mean if used in an Act of the Imperial Parlia- ment. II. Power to grant patents. It shall be lawful to make and issue in the manner hereinafter mentioned, letters patent granting to the true and first inventor of any invention the privilege of the sole and exclusive working, making, and enjoyment of such invention, within this colony, for any term not exceeding fourteen years from the date of such letters patent. III. Governor to make rules for executing this Act. It shall be lawful for the governor, with the advice of the Executive Council, from time to time to make such rules and regulations, not incon- sistent with the provisions hereof, as may appear to be necessary and expedient for the purposes of this Act, and all such rules and regulations shall be laid before both Houses of Parliament within fourteen days after the making thereof, if Parliament be sitting, and if Parliament be not sitting, then within fourteen days after the next meeting in Parliament. IV. Applicants to deposit specifications. They may be amended. * A translation of this law differing the schedule of fees, may be found in 20 very slightly from that presented in the Pat. Off. Gaz. 1167. text, and without the schedules, except 122 FOREIGN LAWS. All applications under this Act for the grant of letters patent for an invention shall be made as follows, that is to say, the applicant shall deposit at the office of the colonial secretary an instrument in writing under his hand, particularly describing and ascertaining the nature of the said invention, and in what manner the same is to be performed, and also a copy of such instrument, and of the drawings accompanying the same, if any ; and the day of the deposit of every such specification shall be recorded at the said office, and indorsed upon such specification, and a certificate thereof given to such applicant or his agent ; and thereupon, subject and without prejudice to the provisions hereinafter contained, the said invention shall be protected under this Act, for the term of six months next after the said deposit, and the applicant shall have during such term the like powers, rights, and privileges as might have been conferred on him by letters patent for such invention issued under this Act, and duly sealed, as of the day of such deposit, and during the con- tinuance of such powers, rights, and privileges under this provision, such invention may be used and published without prejudice to any letters patent to be granted for the same ; and where letters patent are granted in respect of such invention, such letters patent shall be conditioned to become void if such specification does not particu- larly describe and ascertain the nature of the said invention, and in what manner the same is to be performed : Provided always, that in the case the title of the invention or the said specification be too large or insufficient, it shall be lawful for the attorney-general here- inafter mentioned, during the said term of six months, and before the grant of the letters patent, to allow or require such specification to be amended, or another and sufficient specification to be deposited in lieu thereof ; and every such amended or new specification shall have the force, effect, and operation as if it had been originally deposited in its amended state. V. Patent not affected by specification of pretended inventor. In case of the deposit of any such specification as aforesaid, in fraud of the true and first inventor, any letters patent granted to the true and first inventor of any such invention shall not be invalidated by reason of such deposit, or of any use or publication of the inven- tion subsequent to such deposit, and before the expiration of the said term of protection. VI. Mode of proceeding after deposit of specification. The applicant so soon as he shall think fit after the deposit of such specification as aforesaid, and of the drawings and models accom- CAPE COLONY. 123 panying the same, if any, may give notice in writing at the office of the attorney-general of his intention to proceed with his applica- tion for letters patent for the said invention, stating in such notice the title of the said invention, and the day on which the specifica- tion thereof was deposited at the office of the colonial secretary, and at the time of giving such notice shall produce the said certificate of deposit ; and thereupon the said attorney-general shall deliver to the applicant or his agent an appointment in the form contained in the second schedule to this Act, or to the like effect ; and such applicant or agent shall cause the said appointment to be published once in the Government Gazette, once in some newspaper published in the city of Cape Town, and twice in some newspaper published in the town or place at or near to which the applicant uses or exer- cises the said invention, or (in case he does not use or exercise the same) in or near to which he resides, or if there shall be no news- paper published in such town or place, then twice in some newspaper circulating in the neighborhood where he uses or exercises the said invention, or (in case he does not use or exercise the same) where he resides ; and any persons having an interest in opposing the grant of letters patent for the said invention shall be at liberty to leave particulars in writing of their objections to the said applica- tion at the office of the attorney-general within such time, not being less than one month, as the said attorney-general by such appoint- ment may direct. VII. Attorney-general to hear applications and objections, and award costs. At the time and place named in the said appointment the applicant shall produce the newspapers containing the same, and the attorney-general shall thereupon hear and consider the said application and all objections to the same mentioned in the said particulars, if any, and for that purpose shall obtain from the office of the colonial secretary the copy of the said specification, and of the drawings and models accompanying the same, if any, and may call to his aid such scientific or other person or persons as he may think fit, and may, by writing under his hand, order to be paid to such person or persons some remuneration for his or their attend- ance, and may also in like manner order that the costs of any hear- ing, upon any objection or otherwise, in relation to the grant of such letters patent or the protection acquired by the applicant under this Act, shall be paid, and in and by such writing shall fix the amount of such remuneration or costs, and by or to whom the same respectively shall be paid ; and every such order shall be in 124 FOREIGN LAWS. the form contained in the third schedule to this Act or to the like effect, and may be made a rule of the Supreme Court : Provided always, that the applicant, the objectors, and their respective wit- nesses and evidence, shall be respectively heard, examined, and considered separately, and apart from and in the absence of the other and his witnesses and evidence. VIII. Attorney -general may issue grant for patent. The attorney-general after such hearing and consideration may issue a warrant under his hand for the granting of letters patent for the said invention, and by such warrant shall direct the insertion in such letters patent of all such restrictions, conditions, and provisos as he may deem usual and expedient in such grants, or necessary in pursuance of this Act, and the said warrant shall be the warrant for the making and sealing of letters patent under this Act, accord- ing to the tenor of the said warrant ; and every such warrant shall be in the form contained in the fourth schedule to this Act, or to the like effect. IX. Patent may be repealed or withheld, and specifications canceled. A writ of the Supreme Court, in the nature of a writ of scire facias in England, shall lie fey* the repeal of any letters patent granted under this Act, and it shall be lawful for the Governor, with the advice aforesaid, to order such attorney-general to with- hold such warrant as aforesaid, or that any letters patent, for the granting whereof he has issued a warrant, shall not issue, or to order the insertion in any such letters patent of any restrictions, conditions, and provisos, in addition to or in substitution for any restrictions, conditions, or provisos which would otherwise be inserted therein under this Act ; and it shall also be lawful for the Governor, with the advice and consent aforesaid, to order any specification in respect of the invention described in which no letters patent may have been granted, to be canceled, and thereupon the protection obtained by the deposit of such specification shall cease, X. Patent void on non-performance of conditions. All letters patent for inventions granted under this Act shall be in the form contained in the fifth schedule to this Act, or to the like effect, and be made subject to the condition that the same shall be void, and that the powers and privileges thereby granted shall cease and determine at the expiration of three years and seven years respec- tively from the date thereof, unless there be paid within the said three and seven years respectively the sum or sums of money in that behalf hereby required to be paid, and the colonial secretary CAPE COLONY. 125 shall issue under bis hand a certificate of such payment, and shall indorse a receipt for the same on the letters patent. XI. Patent to be issued within three months. The colonial sec- retary, so soon after the receipt by him of the warrant aforesaid as required by the applicant, shall cause to be prepared letters patent for the invention according to the tenor of the said warrant ; and it shall be lawful for the Governor, with the advice of the Execu- tive Council, to cause letters patent to be sealed with the public seal of the colony, and such letters patent shall be made applicable to the said colony, and shall be valid and effectual as to the whole of the same ; but, except as hereinafter mentioned, no letters patent shall issue on any warrant granted as aforesaid, unless application be made to seal such letters patent within three months after the date of the said warrant, nor unless such letters patent be granted during the continuance of the protection conferred under this Act by reason of such deposit as aforesaid. XII. Patent may issue after that time, in certain cases. Where the application to seal such letters patent has been made during the continuance of such protection as aforesaid, and the sealing of such letters patent has been delayed from accident, and not from the neglect or willful default of the applicant, then such letters patent may be sealed at such time, not being more than one month after the expiration of such protection as the Governor, with the advice aforesaid, shall direct ; and where the applicant for such letters patent dies during the continuance of such protection as aforesaid, such letters patent may be granted to the executors, testamentary or dative, of such applicant during the continuance of such protec- tion, or at any time within three months after the death of such applicant, notwithstanding the expiration of the term of such pro- tection ; and the letters patent so granted shall be of the like force and effect as if they had been granted to such applicant during the continuance of such protection ; and in case any letters patent shall be destroyed or lost, other letters patent of the like tenor and effect, and sealed and dated as of the same day, may, subject to such regulations as the Governor, with the advice aforesaid, may direct, be issued under the authority of the warrant in pursuance of which the original letters patent were issued. Xm. Patent to bear date of deposit of specification. All let- ters patent to be issued in pursuance of this Act shall be sealed and bear date as of the day of the deposit of such specification as afore- said, and shall be of the same force and validity as if they had been 126 FOREIGN LAWS. sealed on the day as of which the same are expressed to be sealed and bear date ; and after any letters patent shall have been granted or issued under this Act it shall not be necessary or admissible to inquire or ascertain whether such appointment as aforesaid has or has not been delivered and published in the manner hereinbefore mentioned and directed. XIV. Patent for foreign invention ends with foreign patent. Where, upon any application made under this Act, letters patent are granted for or in respect of any invention, first invented in parts- out of the Colony of the Cape of Good Hope, and a patent or like privilege for the monopoly or exclusive use or exercise of such invention in any parts out of the Cape of Good Hope is obtained before the grant of such letters patent in the Cape of Good Hope, all rights and privileges under such letters patent shall, notwith- standing any term in such letters patent limited, cease and be void immediately upon the expiration or other determination of the term during which the patent or like privilege obtained in such part out of the Cape of Good Hope shall continue in force, or, where more than one such patent or like privilege is obtained abroad, immedi- ately upon the expiration or determination of the term which shall first expire or be determined of such several patents or like privi- leges : Provided always, that no letters patent for or in respect of any invention for which any such patent or like privilege as afore- said shall have been obtained abroad, granted in the Cape of Good Hope after the expiration or determination of the term for which euch patent or privilege was granted or was in force, shall be of any validity. XV. Patent not to prevent use of inventions in foreign ships. No letters patent for any invention, granted after the passing of this Act, shall extend to prevent the use of such invention in any foreign ship or vessel, or for the navigation of any foreign ship or vessel which may be in any port of the Cape of Good Hope, in case such invention is not so used for the manufacture of any goods or commodities to be vended within or exported from the same. XVI. Specification to be filed after issue of patent, <&c. Every specification deposited at the office of the colonial secretary as aforesaid, and the drawings and models accompanying the same, if any, shall forthwith, after the grant of the letters patent, or if no letters patent be granted, then immediately on the expiration of six mouths from the time of such deposit, be transferred to and kept in CAPE COLONY. 127 such office as the governor, with the advice aforesaid, shall from time to time appoint for that purpose. XVII. Notice of application to disclaim or make alterations. Any person who shall obtain letters patent under this Act, or in case such person shall depart with the whole or any part of his interest by assignment, such person, together with the assignee (if part only has been assigned), or the assignee alone (if the whole hath been assigned), may apply to the attorney-general for leave to enter a disclaimer of any part of either the title of the invention or of the 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 pat- ent ; and thereupon the attorney-general shall deliver to such patentee and assignee, or either of them, or to their or either of their agents, an appointment in the form contained in the sixth schedule to this Act, or to the like effect, and such patentee or assignee shall thereupon cause such disclaimer (stating the reason for the same) or such memorandum of alteration to be written at the foot of such 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 office of the attorney-general, within such time, not being less than one month, as the said attorney-general by such appointment 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 invention, or a memorandum of any alteration in such title, the attorney-general may dispense with such appointment and publica- tion, and in that case shall certify in the fiat hereinafter mentioned, that he has dispensed with the same. XVIII. Application for disclaimer to be heard. At the time and place named in such appointment, the said patentee and assignee, 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 attorney-general shall thereupon hear and consider the said application, and all objections to the same mentioned in the said particulars, if any, and all such power and authority shall and may be exercised on such occasion by the attorney-general, as by virtue of the provisions hereinbefore contained can and may be exercised in relation to the hearing and considering an application 128 FOREIGN LAWS. for letters patent, and objections to the same, and shall and may be enforced in the same manner. XIX. How disclaimer may be entered, and alterations made. After such hearing and consideration, or without such hearing and consideration where the said appointment and publication shall have been dispensed with, as aforesaid, such patentee and assignee, or either of them, may, by leave of the attorney-general, to be cer- tified by a fiat under his hand (to be written at the foot of the same parchment with the said disclaimer or memorandum), enter such disclaimer, stating the reason for the same, or such memorandum of alteration ; and at the time of entering such disclaimer or memo- randum 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 lime to time appoint for that purpose, shall be deemed and taken to be part of such letters patent or such specifi- cation, and subject to the several incidents thereof in all colonial courts, and shall be valid and effectual in favor of any person in whom the rights under the said letters patent may then be, or here- after become, legally vested ; and no objection shall be allowed to be made in any proceeding upon, or touching such letters patent, specification, disclaimer, or memorandum of alteration, on the ground that the person entering such disclaimer or memorandum of alteration had not sufficient authority in that behalf : Provided always, that no action shall be brought upon any letters patent in which, or on the specification of which, any disclaimer or memoran- dum of alteration shall have been filed in respect of any infringe- ment committed prior to the filing of such disclaimer or memoran- dum of alteration (unless the attorney- general 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, as aforesaid, in the nature of a scire facias) pending at the time when such disclaimer or alteration was filed as aforesaid ; but in every such last mentioned action or suit the original title and specifica- tion 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 issued under this Act, it shall not be necessary or material to inquire or ascertain CAPE COLONY. 129 whether such appointment as last aforesaid has or has not been delivered and published or dispensed with in accordance with this Act ; and such filing of any disclaimer or memorandum of altera- tion, in pursuance of the leave of the attorney-general certified as aforesaid, shall, except in cases of fraud, be conclusive as to the right of the party to enter such disclaimer or memorandum of alter- ation under this Act. XX. Copies of specification, disclaimers, tfcc., open for inspec- tion. The copies of all specifications, and the drawings and models accompanying the same, if any, and of all disclaimers and memo- randa of alterations respectively deposited under or in pursuance of this Act, shall be open to the inspection of the public at all reason- able times after the grant of letters patent, or if no letters patent be granted, then immediately on the expiration of six months from the time of such deposit, but subject to such regulations as the Governor, with the advice aforesaid, may make in that behalf. XXI. Mode of obtaining extension of the term. If any person having obtained letters patent under this Act, or in case such person shall have departed with his whole, or any part of his interest by assignment, if such person, together with the assignee (where part only hath been assigned) or if the assignee alone (where the whole hath been assigned), shall, six months before the expiration or other termination of such letters patent, present to the Governor a petition for the extension of the term in such letters patent men- tioned, and shall set forth in such petition that he or they has or have been unable to obtain a due remuneration for his or their expense or labor in perfecting such invention, and that an exclusive right of using and vending the same for some further period, to be named in such petition, in addition to the said term, is necessary for his or their reimbursement and remuneration, it shall be lawful for the Governor, with the advice aforesaid, to refer the considera- tion of the said petition to commissibners to be appointed for that purpose in the manner hereinafter mentioned. XXII. Mode of obtaining confirmation of invalid patent. If in any suit or action it shall be proved or specially found by the verdict of a jury that any person who shall have obtained letters patent for any invention or supposed invention was not the first inventor thereof, or of some part thereof, by reason of some other person having invented or used the same or some part thereof, before the date of such letters patent, or if such patentee or his assigns shall discover that some other person had, unknown to such patentee, I. 9 130 FOREIGN LAWS. invented or used the same or some part thereof before the date of such letters patent, such patentee or his assigns may petition the Governor to confirm the said letters patent, or to grant new letters patent, and it shall be lawful for the Governor, with the advice aforesaid, to refer the consideration of the said petition to commis- sioners to be appointed for that purpose in the manner hereinafter mentioned. XXIII. Governor to appoint commissioners. For the purpose of considering any such petition as aforesaid, it shall be lawful for the Governor, if, with the advice aforesaid, he shall think fit, to issue and direct in the name of Her Majesty, her heirs or her successors, to five or more persons, of whom some of the judges of the Supremo Court shall be two, a commission reciting such petition, and requir- ing and authorizing such persons or any three of them, of whom one of the said judges shall be one, to meet at some time, not being less than two months from the publication of the said commission in the Government Gazette, and at some place to be respectively fixed in the said commission, and then and there to consider the said petition and to report to the Governor, in case such petitioner shall have prayed for an extension of the term in the letters patent mentioned, whether any and, if any, what further extension of the said term should be granted, according to the prayer of the said petition, and upon what, if any, conditions, or, in case such petitioner shall have prayed for a confirmation of the letters patent, or for a grant of new letters patent, whether such confirmation or grant should be made. XXIV. Notice of commission to be published, and caveats entered. Two months at least before the time named in the said commission for the consideration of any such petition as aforesaid, the petitioner shall cause to be published in the same manner as is hereinbefore required with respect to the said first-mentioned appointment, an advertisement of the contents of the said commis- sion in the form contained in the seventh schedule to this Act, or to the like effect ; and any person having an interest in opposing the said petition shall be at liberty to enter a caveat against the same at the office of the colonial secretary at any time, not being less than one week before the time named in the said commission for the exe- cution thereof. XXXV. Commissioners to hear all parties, and report. At the time and place fixed in the said commission for that purpose, the commissioners shall meet and proceed to consider such petition, and CAPE COLONY. 131 the petitioner shall be heard by his counsel and witnesses, to prove his case as stated in such petition, and the publication of the said last-mentioned advertisement as required by this Act ; and the per- sons entering caveats shall likewise be heard by their counsel and witnesses ; and all such witnesses shall be examined upon oath or affirmation, which oath or affirmation such commissioners as afore- said are hereby authorized and required to administer, and there- upon, and upon hearing and inquiry of the whole matter, in case such petitioner shall have prayed for an extension as aforesaid, the said commissioners may report whether any, and, if any, what further extension of the said term should be granted ; and the Governor is hereby authorized and empowered, if he, with the advice aforesaid, shall think fit, to grant to the petitioner new letters patent for the said invention, for a term not exceeding fourteen years after the expiration of the first term, anything hereinbefore contained to the contrary thereof in anywise notwithstanding ; and such new letters patent shall be sealed and bear date as of the day after the expira- tion of the term of the first letters patent ; or, in case sttch peti- tioner shall have prayed for a confirmation or grant as aforesaid, such commissioners, upon examining the said matter, and being sat- isfied that such patentee, as aforesaid, believed himself to be the first and original inventor, and being satisfied that such invention, or part thereof, had not been publicly and generally used before the date.of such first letters patent, may report to the Governor their opinion that the prayer of such petition ought to be complied with, whereupon the Governor may, if he, with the advice aforesaid, shall think fit, grant such prayer ; and the said letters patent shall be available at law and in equity to give to such petitioner the sole right of using, making and vending such invention, as against all persons whatsoever, anything hereinbefore contained to the con- trary thereof notwithstanding: Provided that any person, party to any former action or suit touching such first letters patent as last aforesaid, shall be entitled to have notice in writing of the time and place fixed, as aforesaid, for the first meeting of the said commis- sioners to consider the said petition, and after any such report shall have been tnade, it shall not be material to inquire or ascertain whether any such advertisement as last aforesaid has or has not been published, or whether any such notice as last aforesaid has or has not been given in the manner hereinbefore directed in that behalf. XXVI. Indexes to specifications, disclaimers, &c. The governor, 132 FOREIGN LAWS. with the advice aforesaid, may cause indexes to all specifications, disclaimers, and memoranda of alterations heretofore or to be here- after enrolled or deposited as aforesaid, to be prepared in such form, as may be thought fit, and such indexes shall be open to the inspec- tion of the public at such places as the governor, with the advice aforesaid, shall appoint, and subject to the regulations to be made as hereinbefore provided. XXVII. Register of patents to be kept. There shall be kept at the office to be appointed as aforesaid, a book or books to be called the " Register of Patents," wherein shall be entered and recorded in chronological order all letters patent granted under this Act, the deposit and filing of specifications, disclaimers, and memoranda of alterations filed in respect of such letters patent, all amendments in such letters patent and specifications, all confirmations and exten- sions of such letters patent, the expiry, determination, vacating, or canceling such letters patent, with the dates thereof respectively, and all other matters and things affecting the validity of such let- ters patent as the Governor, with the advice aforesaid, may direct ; and such register or a copy thereof shall be open at all convenient times to the inspection of the public, subject to such regulations as the governor, with the advice aforesaid, may make in that behalf. XXVIII. Register of proprietors to be kept. There shall be kept at the same office a book or books entitled " The Register of Proprietors," wherein shall be entered, in such manner as the gover- nor, with the advice aforesaid, shall direct, the assignment of any letters patent, or of any share or interest therein, any license under letters patent, and the district to which such license relates, with the name or names of any person having any share or interest in such letters patent or license, the date of his or their acquiring such letters patent, share, and interest, and any other matter or thing relating to or affecting the proprietorship in such letters patent, or license ; and a copy of any entry in such book, certified as hereinafter mentioned, shall be given to any person requiring the same, and shall be primd facie proof of the assignment of such letters patent, or share, or interest therein, or of the license or pro- prietorship as therein expressed : Provided always, that until such entry shall have been made, the grantee or grantees of the letters patent shall be deemed and taken to be the sole and exclusive proprietor or proprietors of such letters patent, and of all the licenses and privileges thereby given and granted, and such register, CAPE COLONY. 133 or a copy, shall be open to public inspection subject to such regu- lations as the governor, with the advice aforesaid, may make. XXIX. Falsification or forgery of entries. If any person shall willfully make, or cause to be made, any false entry in the said registry, or shall willfully make or forge, or cause to be made or forged, any writing falsely purporting to be a copy of any entry in the said book, or shall produce or tender, or cause or suffer to be produced or tendered in evidence, any such writing, knowing the same to be false or forged, he shall be guilty of the crime of con- travening this section of this Act, and shall upon conviction be liable to imprisonment with or without hard labor for any period not exceeding five years. XXX. Entry may be expunged, or varied, by order of Supremo Court. If any person shall deem himself aggrieved by any entry made under color of this Act in the said register, it shall be lawful for such person to apply by motion to the Supreme Court for an order that such entry may be expunged, vacated, or varied; and upon any such application, such court may make such order for expung- ing, vacating, or varying such entry, and as to the costs of such application as to such court may seem fit ; and the officer having the care and custody of such registry, on the production to him 4>f any such order, shall expunge, vacate, or vary the said entry accord- ing to such order. XXXI. Penalty for unauthorized user of word "Patent." If any person shall write, paint, print, mould, cast, carve, engrave, stamp, or otherwise mark upon anything made, used, or sold by him, for the sole making or selling of which he hath not, or shall not have obtained letters patent, the name or any imitation of the name of any other person who hath or shall have obtained letters patent for the sole making or vending of such thing, without leave in writing of such patentee or his assigns : or if any person, shall, upon such thing not having been purchased from the patentee, or some person who purchased it from or under such patentee, or not having had the license or consent in wi'iting of such patentee or his assigns, write, paint, print, mould, cast, carve, engrave, stamp, or otherwise mark the word " Patent," the words " Letters Patent," or the words " By the Queen's Patent," or any words of the like kind, meaning, or import, with a view of imitating or counterfeiting the stamp, mark, or other device of the patentee, he shall fur every such offense forfeit and pay the sum of one hundred pounds, one half to Her Majesty, Her heirs arid successors, and the other half, with full 134 FOREIGN LAWS. costs of suit, to any person who shall sue for the said penalty by action of debt: Provided always, that nothing herein contained shall be construed to extend to subject any person to any penalty in respect of stamping, or in any way marking the word " Patent," upon anything for the sole making or vending of which letters patent before obtained shall have expired or otherwise determined. XXXII. In actions for infringement, particulars of breaches and objections to be delivered. In any action for the infringement of let- ters patent the plaintiff shall deliver with his declaration particulars of the breaches complained of in the said action, and the defendant on pleading thereto shall deliver with his pleas, and the prosecutor in any proceedings in the nature of scire fachs to repeal letters pat- ent, shall deliver with his declaration particulars of any objections on which he means to rely at the trial in support of the pleas in the said action, or of the suggestions of the said declaration respec- tively : and at the trial of such action or proceedings, no evidence shall be allowed to be given in support of any alleged infringement, or of any objection impeaching the validity of such letters patent, which shall not be contained in the particulars delivered as afore- said: Provided always, that the place or places at or in which and in what manner the invention is alleged to have been used or pub- lished prior to the date of the letters patent, shall be stated in such particulars : Provided also-, that it shall and may be lawful for any judge at chambers to allow such plaintiff, or defendant, or prose- cutor respectively, to amend the particulars delivered as aforesaid, upon such terms as to such judge may seem fit : Provided also, that at the trial of any proceeding to repeal letters patent, the defendant shall be entitled to begin and give evidence in support of such letters patent, and in case evidence shall be adduced on the part of the prosecutor impeaching the validity of such letters pat- ent, the defendant shall be entitled to the reply. XXXIII. Particulars to be regarded in taxing costs. In taxing the costs in any action for infringing letters patent, regard shall be had to the particulars delivered in such action; and the plaintiff and defendant respectively shall not be allowed any costs in respect of any particular, unless certified by the court before which the trial was had, to have been proved by such plaintiff or defendant respec- ' tively ; and it shall be lawful for the court before which any such action shall be tried, to certify on the record that the validity of the letters patent in the declaration mentioned came in question, and the record with such certificate being given in evidence in any suit or CAPE COLONY. 135 action for infringing the said letters patent, or in any proceeding in the nature of a scire facias to repeal the letters patent, shall entitle the plaintiff in any such suit or action, or the defendant in any such proceeding, on obtaining a decree or judgment, to his full costs, charges, and expenses, to be taxed as between attorney and client, unless the court making such judgment, decree, or order shall certify that the plaintiff or defendant respectively ought not to have such fall costs. XXXIV. Pees on obtaining patents. There shall be paid in respect of letters patent applied for or issued as herein mentioned, the depositing of specifications, disclaimers, and memoranda of alterations, warrants, certificates, entries, and searches, and other matters and things respectively mentioned in the last schedule to this Act, such fees as are enumerated in that schedule ; and such of the said fees as are thereby made payable to the attorney- general, as well as the residue thereof, shall form part of the colonial revenue. XXXV. English patents subject to this Act. All letters patent which shall be granted in the United Kingdom of Great Britain and Ireland after the first day of July, in the year of Our Lord one thousand eight hundred and sixty, for any invention, shall, so far as the same relate to this said colony, be utterly void and of none effect, and in nowise be put in execution : But all such letters pat- ent granted in the said United Kingdom on or before that day, and which, if this Act had not been passed, would have been valid in this colony, shall be deemed and taken to have been granted under this Act and may be dealt with accordingly. SCHEDULES. THE FIRST SCHEDULE. To all to whom these presents shall come, I, John Doe, of Cape Town, engineer, send greeting : Whereas I am desirous of obtaining letters patent for securing unto me Her Majesty's special license that I, my executors and assigns, and such others as I or they should at any time agree with, and no others, should and lawfully might, from time to time and at all times during the term of fourteen years (to be computed from the day on which this instrument shall be left at the office of the colonial secre- tary), make, use, exercise, and vend within the colony of the Cape of Good Hope, an invention for [insert the title of the invention] ; and in order to obtain the said letters patent, I must, by an instrument in writing under my hand, particularly describe and 136 FOREIGN LAWS. McertaU. *l>0 nature of the said invention, and in what manner the same is to be per- formed wia must also enter into the covenant herein-after contained ; Now know ye that tne nature of the said invention and the manner in which the same is to be per- tormed, are particularly described and ascertained in and by the following statement, that is to say [describe the invention}. And I do hereby, for myself, my heirs and executors, covenant with Her Majesty, her heirs and successors, that I believe the said invention to be a new invention as to the public use and exercise thereof, and tnat 1 do not know or believe that any person other than myself is the true and first inventor of the said invention, and that I will not deposit these presents at the office of the colonial secretary with any such knowledge or belief as last aforesaid. In witness whereof I have hereunto set my hand at Cape Town this day of 186 . SECOND SCHEDULE. Patent for [insert the title a in the specification]. This is to notify that John Doe, of, &c. , did, on the day of instant (or last) deposit at the office of the colonial secretary in Cape Town, a specification or instrument in writing under his hand, particularly describing and ascertaining the nature of the said invention, and in what manner the same is to be performed, and that by reason of such deposit the said invention is protected and secured to him exclusively for the term of six calendar months thence next ensuing. And I do further notify that the said John Doe has given notice in writing at my office, of his intention to proceed with bis application for letters patent for the said invention, and that I have appointed [Thursday] the day of next, at o'clock in the noon, at my office, to hear and consider the said application and all objections thereto ; and I do hereby require all persons having an interest in opposing the grant of such letters patent to leave, before that day, at my office in Cape Town, particu- lars in writing of their objections to the said application, otherwise they will be pre- cluded from urging the same. Given under my hand, this day of , 186 . W. P., Attorney General. THIRD SCHEDULE. Upon hearing the objection of A. B., to the grant to John Doe, of letters patent for [insert the title as in the specification], I do by this writing under my hand, order that the said A. B. shall pay to the said John Doe the sum of for the costs of such hearing [or to E. F. the sum of as a remuneration for his attendance at such hearing]. W. P., Attorney General. Given under my hand, this day of 186 . FOURTH SCHEDULE. I have heard and considered the application of John Doe for letters patent for [insert the title as in t/ie specijication], and also all objections to the same, and having j>erused the specification and the usual and necessary advertisements, am of opinion that as it is entirely at the hazard of the said applicant whether the said invention is new and will have the desired success, Her Majesty's royal letters patent may be issued in the form contained in the fifth schedule to the Act [with the following addi- tional clauses, that is to say : here set them out, if any]. Given under my hand, this day of 186 . W. P., Attorney General CAPE COLONY. 137 FIFTH SCHEDULE. VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ire- land, Queen, Defender of the Faith, to all to whom these presents shall come, greet- ing : Whereas John Doe, of in the division of , engineer, hath represented that he is desirous of obtaining our royal letters patent for securing unto him our special license that he, his executors and assigns, and such others as he or they should agree with, and no others, should and lawfully might make, use, vend, and exercise within our colony of the Cape of Good Hope, an invention for [insert tlie title of the invention], and by an instrument in writing under his hand deposited in the office of the colonial secretary, the said John Doe hath particularly described and ascertained the nature of the said invention, and in what manner the same is to be performed : And we, being willing to give encouragement to all arts and inventions which may be for the public good, are graciously pleased to confer upon the said John Doe the privileges herein-after mentioned. Know ye, therefore, that we of our especial grace, certain knowledge, and mere motion have given and granted, and by these presents, for us, our heirs and successors, do give and grant unto the said John Doe, his executors and assigns, our especial license, full power, sole privilege, and authority, that he, the said John Doe, his executors, administrators, and assigns, and every of them, by himself and themselves, or his and their deputy or deputies, ser- vants or agents, or such others as he or they shall at any time agree with, and no others, during the term herein expressed, shall and lawfully may make, use, exercise, and vend his said invention within our said colony, in such manner as to him, his executors and assigns, or any of them, shall seem meet ; and that he, his executors and assigns, shall and lawfully may have and enjoy the whole profit, benefit, commo- dity and advantage, from time to time coming, growing, accruing, and arising by reason of the said invention, during the said term : to have, hold, exercise, and enjoy the said licenses, powers, privileges, and advantages unto and by the said John Doe, his executors and assigns,' for and during and unto the full end and term of years now next ensuing. And to the end that he, his executors and assigns, and every of them, may have and enjoy the full benefit and the sole use and exercise of the said invention, according to our gracious intention, we do by these presents, for us, our heirs and successors, require and strictly command all and every person and persons, whatsoever, of what estate, quality, degree, name, or condition soever they be within our said colony, that neither they, nor any of them, at any time during the said term, either directly or indirectly, do make, use, or put in practice the said inven- tion, or any part of the same, so attained unto by the said John Doe as aforesaid, nor in any wise counterfeit, imitate, or resemble the same, nor shall make or cause to be made any addition thereunto, or subtraction from the same, whereby to pretend himself or themselves the inventor or inventors, devisor or devisors thereof, without the consent, license, or agreement of the said John Doc, his executors or assigns, in writing under his or their hands first had and obtained in that behalf, upon such pains and penalties as can or may be justly inflicted on such offenders for their con- tempt of this our royal command ; and further to be answerable to the said John Doe, his executors and assigns, according to law, for his and their damage thereby occasioned : Provided always, and these our letters patent are and shall be upon this condition, that if at any time during the said term hereby granted, it shall appear that this our grant is contrary to law, or prejudicial or inconvenient to our subjects in general, or that the said invention is not a new invention as to the public use and 138 FOREIGN LAWS. exercise thereof, or that the said John Doe is not the first and true inventor thereof within this colony, these our letters patent shall forthwith cease, determine, and be utterly void to all intents any purposes, anything herein-before contained to the con- trary thereof in anywise notwithstanding ; Provided also, that these our letters patent, or anything herein contained, shall not extend, or be construed to extend, to give privilege unto the said John Doe, his executors and assigns, or any of them, to use or imitate any invention or work whatsoever which hath heretofore been found out or invented by any other of our subjects whatsoever, and publicly used or exercised, unto whom our like letters patent or privileges have been already granted for the sole use and exercise and benefit thereof, within our said colony ; it being our will and pleasure that the said John Doe, his executors and assigns, and all and every person and persons to whom like letters patent or privileges have been already granted aa aforesaid, shall distinctly use and practice their several inventions by them invented and found out, according to the true intent and meaning of the same respective letters patent and of these presents : Provided likewise nevertheless, and these our letters patent are upon this express condition, that if the said instrument in writing does not particularly describe and ascertain the nature of the said invention, and in what manner the same is to be performed, and also, if the said John Doe, his executors or assigns, shall not pay at the office of the colonial secretary of our said colony the Bum of pounds within three years next after the date of these presents, and the sum of pouuds within seven years next after such date, that then, and in any of the said cases, these our letters patent and all liberties and advantages whatso- ever hereby granted shall utterly cease, determine, and become void, anything herein- before contained to the contrary hereof in anywise notwithstanding ; provided that nothing herein contained shall prevent the granting of licenses in such manner and for such considerations as they may by law be granted : And, lastly, we do by these presents, for us, our heirs and successors, grant unto the said John Doe, his executors and assigns, that these our letters patents shall be in and by all things good, firm, valid, sufficient, and effectual in the law, according to the true intent and meaning thereof, and shall be taken, construed, and adjudged in the most favorable and bene- ficial sense for the best advantage of the said John Doe, bis executors and assigns. In witness whereof we have caused these our letters to be made patent, and to be sealed and bear date as of the day of THE SIXTH SCHEDULE. Patent for [insert t/ie title], This is to notify to all whom it may concern, that John Doe, of, &c., has applied to me for leave to enter a disclaimer of part [or memorandum of alteration, as the case may be] of the said invention, the particulars whereof are stated below ; I do therefore appoint [Thursday] the day of next, at o'clock in the poon, to hear and consider the said application, and all objections to the same. And I do hereby require all persons having an interest in opposing th said applica- tion to leave, before that day, at my office in Cape Town, particulars in writing of their objection to the same, otherwise they will be precluded from urging such objections. Given under my hand this day of W. P., Attorney-General. The following is th* disclaimer [or as tlie COM may be] which I desire to make in, &c. [the applicant must here setfortli what he wishes to enter, and sign it]. CAPE COLONY. 139 THE SEVENTH SCHEDULE. Patent for [insert the title], Notice is hereby given that I have presented a petition to His Excellency the Governor, praying for the confirmation of [or extension of the term iri\ the said patent, and that a commission has issued authorizing and requiring certain commissioners therein named to consider and report upon the subject to the said Governor, which said commissioners will meet for that purpose on the day of next, at o'clock in the noon, at . All persons objecting to the said confirmation [or extension] must enter a caveat against the same at the office of the colonial secre- tary in Cape Town, otherwise they will be precluded from objecting to it. Dated this day of JOHN DOE. THE LAST SCHEDULE. s. d. On depositing specification 2 10 To the attorney-general for any " appointment " 2 4 6 On obtaining letters patent 2 10 At or before the expiration of the third year 10 At or before the expiration of the seventh year 20 To the attorney -general with particulars of objections 2 4 6 On presenting petition for extension or confirmation 210 Every search and inspection 1 Entry of assignment or license 10 Certificate of assignment or license 010 Filing memorandum of alteration or disclaimer 210 Entering any caveat. . , 2 10 Copy or extract of any writing per common law folio 1,0 From Carpm. Pat. L. of World, 127. CENTRAL AMERICA. See COSTA RICA, GUATEMALA, NICARAGUA, SALVADOR. 140 FOREIGN LAWS. CEYLON. An Ordinance for granting exclusive Privileges to Inven- tors ; No. 6 (of November 2), 1859. Preamble. Whereas it is expedient for the encouragement of inventors of new manufactures, that certain exclusive privileges in their inventions should be granted to them in Ceylon, it is enacted by the Governor of Ceylon, with the advice and consent of the Legislative Council thereof, as follows : 1. Short title of ordinance. This ordinance may be cited for all purposes as the "Inventions Ordinance, 1859." 2. Commencement of ordinance. This ordinance shall come into operation on the day of passing the same. 3. Inventor may petition to file specification. Form, &c., of petition. The inventor of any new manufacture may petition the Governor for leave to file a specification thereof. Every such peti- tiot shall be in writing, in the form or to the effect mentioned in the schedule hereunto annexed, and shall be signed by the peti- tioner, or, in case the petitioner shall be absent from Ceylon, by an authorized agent, and shall state the name, condition, and place of residence of the petitioner, and the nature of the invention. 4. Order to file specification. An alien ami, whether resident in Ceylon or not, may petition for leave to file a specification under this ordinance. 5. Poicer to refer petition for inquiry and report. Upon such petition, the Governor may, with the advice of the Executive Council, make an order authorizing the petitioner to file a specifi- cation of the invention : Provided always, that before making such order, the governor shall refer the petition to any person or persons for inquiry and report, and such person or persons shall be entitled to a reasonable fee for such inquiry and report, to be paid by the petitioner ; the amount of fee, in case of dispute, to be settled by the district court of Colombo in a summary manner. 6. Exclusive privilege for fourteen years. Extension. If within the space of six months from the date of such order, the petitioner cause a specification of his invention to be filed, in man- ner hereinafter mentioned, the Governor, with the advice and con- sent of the Executive Council, may, in the Form D. in the schedule to this ordinance appended, under the public seal of the Island of CEYLON. Ul Ceylon, grant to the petitioner, his heirs, executors, administrators, and assigns, the sole and exclusive privilege of making, selling, and using the said invention in Ceylon, and authorizing others so to do, for the term of fourteen years from the time of filing such specifi- cation ; and for such further term, if any, not exceeding fourteen years from the expiration of the first fourteen years, as the Gover- nor, with the advice of the Executive Council, may think fit to direct, upon petition to be presented by such inventor, at any period, not more than one year, and not less than six months, before the expiration of the exclusive privilege hereby granted. 7. Order to file specification may be subject to conditions. An order, authorizing the filing of a specification, or for extending the term of such exclusive privilege as aforesaid, may be made subject to such conditions and restrictions as the Governor, with the advice of the Executive Council, may think expedient. 8. Specification to be in writing, and to describe invention. Every specification of an invention filed under this ordinance shall be in writing, and shall be signed by the petitioner, and shall par- ticularly describe and define the nature of the said invention, and in what manner the same is to be carried out. 9. Petition and specification to be left with colonial secretary ; accompanied by declaration. Every petition for leave to file a specification, and every specification filed under this ordinance, shall be left with the colonial secretary, and shall be accompanied by a declaration in writing, signed by the petitioner, in the form or to the effect mentioned in the schedule hereunto annexed, marked A. and B. respectively ; and if the inventor be absent from Ceylon, the petition and specification shall also be accompanied by a declara- tion, signed by the agent who shall present or file the same, to the effect that he verily believes that the declaration purporting to be the declaration of the inventor was signed by him, and that the con- tents thereof are true ; which declaration shall be in the form here- unto annexed, marked C. The date of the delivery of every such petition and specification shall be indorsed on the same respectively and shall be also recorded at the office of the colonial secretary. 10. False statement in declaration punishable as perjury. Any person who shall willfully and corruptly make any false statement in any declaration required by this ordinance shall be liable to the pains and penalties of perjury. 11. Payment of fees. No specification shall be filed until the petitioner shall have paid all fees payable under this ordinance. 142 FOREIGN LAWS. 12. To be open to inspection. The specification, or a copy thereof, shall be open at all reasonable times, at the office of the colonial secretary, to public inspection, upon payment of a fee of five shillings. 13. Jiook for the registry of petitions, specifications, &c. A book shall be kept in the office of the colonial secretary, wherein shall be entered every such petition and specification, and every order made upon such petition, or relating to the invention therein mentioned, and every grant of exclusive privilege. Every specification and every such grant as aforesaid shall be numbered according to the order in which it is entered in such book ; and a reference shall be made in such book, in the margin of the entry of each specification, to every order relating to the invention. 14. Inspection of registry book. Certified copy of entry. Such book, or copy thereof, shall be open at all convenient times for the inspection of any person, upon payment of a fee of five shillings ; and the said colonial secretary shall cause a copy of any entry therein, certified under his hand, to be given to any person requiring the same, on payment of the expense of copying. 15. Certified copy to be primd facie evidence. Every such cer- tified copy shall be prima facie evidence of the document of which it purports to be a copy. 16. When exclusive privilege does not attach. No person shall be entitled to any exclusive privilege under the provisions of this ordinance, If the invention, at the time of presenting the petition for leave to file the specification, was not a new invention in Ceylon, or If the petitioner is not the inventor or importer thereof into Ceylon, or If the specification filed does not particularly describe the nature of the invention, and in what manner the same is to be carried out. 17. New invention. Knowledge of invention fraudulently acquired. Public use by actual inventor. An invention shall be deemed a new invention within the meaning, of this ordinance, if it shall not, before the time of applying for leave to file the specifica- tion have been publicly used in Ceylon. The public use of an inven- tion, prior to the application for leave to file a specification shall not be deemed a public use within the meaning of this section, if the knowledge thereof shall have been obtained surreptitiously, or in fraud of the inventor, or shall have been communicated to the pub- lic in fraud of the inventor, or in breach of confidence. Provided CEYLON. ]43 the inventor shall, within six months after the commencement of such public use, apply for leave to file a specification, and shall not previously have acquiesced in such public use. Provided also, that the use of an invention in public by the inventor thereof, or by his servants or agents, or by any other person by his license in writing, shall not be deemed a public use thereof, within the meaning of this ordinance. 18. Inventor having patent in England may petition. If an inventor who, prior to the time of applying for leave to file a speci- fication of an invention under this ordinance, shall have obtained Her Majesty's letters patent for the exclusive use of such invention in any part the United Kingdom, but not extending to this island, shall petition the Governor for leave to file a specification of such invention, it shall be competent to the Governor, with the advice of the Executive Council, to make an order authorizing the petitioner to file a specification of the invention and exemplification of the letters patent granted to him. On this being done, the petitioner shall be entitled to the sole and exclusive privilege of making, using and selling the said invention in Ceylon for the term or terms men- tioned in the 6th section. Provided the petition for leave to file the specification shall state that such letters patent have been granted, and shall also state the date thereof, and the term during which the same are to continue in force. 19. Exclusive jurisdiction in the district court of Colombo. And whereas it is expedient that sole jurisdiction over all actions, suits, and proceedings arising in respect of this ordinance should be vested in the district court of Colombo, to the exclusion of other courts having jurisdiction under the 24th and 29th sections of the Letters Patent of his late Majesty King William the Fourth, bearing date the 18th day of February, 1830 ; And whereas by Letters Patent of her present Majesty, bearing date the 28th day of January, 1843, it is declared that it shall be competent to the Governor, by any law or ordinance to be by him from time to time made, with the advice and consent of the Legislative Council, to make provision for the better administration of justice within this island, anything in the said Letters Patent of King William the Fourth to the con- trary notwithstanding: It is therefore enacted that the said district court of Colombo shall have sole and exclusive jurisdiction over all such actions, suits, and proceedings as aforesaid, wheresoever the same may arise, and to the exclusion of all other district courts in the island, subject, however, to appeal, as hereinafter provided. 144 FOREIGN LAWS. 20. Particulars to be delivered. In any suit for the infringement of such exclusive privilege the plaintiff shall deliver with his libel particulars of the breaches complained of in said suit, and the defendant, in pleading thereto, shall deliver, with his answer, par- ticulars of the grounds (if any) upon which he means to contend that the plaintiff is not entitled to an exclusive privilege in the invention. In like manner, upon any application to the said district court under the 22nd, 23rd, and 24th sections of this ordinance, the applicant shall deliver particulars of the objections on which he means to rely. At the trial of any such suit or issue, no evidence shall be allowed to be given in support of any alleged infringement or of any objection impeaching the validity of such exclusive privi- lege, which shall not be contained in the particulars delivered as aforesaid. If it be alleged that the invention was publicly known or used prior to the date of the petition for leave to file such specification, the places where and the manner in which the inven- tion was so publicly known or used, shall be stated in such particu- lars. Provided always, that it shall be lawful for the court in which the suit or proceeding is pending, or in which the issue is tried, to allow the plaintiff or defendant respectively to amend the particulars delivered as aforesaid, upon any such terms as shall seem fit. 21. Defect in specification or petition, or want of novelty in invention, . a rule of the supreme court to the effect that execution may pass thereupon in common foim. 15. Attorney-general to cause warrant for sealing letters patent. It shall be lawful for the attorney-general after such hearing, if any, as he may think fit, to cause a warrant to be made for the sealing of letters patent for the said invention, and such warrant LEEWARD ISLANDS. 327 shall be sealed with the seal of the commissioners, and shall set forth the tenor and effect of the letters patent thereby authorized to be granted, and the attorney-general shall direct the insertion in such letters patent of all such restrictions, conditions, and provisos as he may deem usual and expedient in such grants, or necessary in pursu- ance of the provisions of this Act ; and the said warrant shall be the warrant for making and sealing of letters patent under this Act according to the tenor of said warrant. 16. Nothing to affect the prerogative of the Crown. Provided always that nothing herein contained shall extend to abridge or affect the prerogative of the Crown in relation to the granting or withholding the grant of any letters patent, and it shall be lawful for the Governor by warrant under his hand, to direct the attorney-gen- eral to withhold such warrant as aforesaid, or that any letters patent for the issuing whereof he may have issued a warrant as aforesaid shall not issue, or to direct the insertion in any letters patent to be issued in manner herein provided of any restrictions, conditions, or provisos, which he may think fit, in addition to, or in substitution for, any restrictions, conditions or provisos which would otherwise be inserted therein under this Act, and it shall also be lawful for the Governor by like warrant to direct any complete specification, which may have been filed under the provision hereinbefore con- tained, and in respect of the invention described, in which no let- ters patent may have been granted, to be canceled, and thereupon the protection obtained by the filing of such complete specification ' shall cease. 17. Letters patent to be for 14 years, subject to conditions. All letters patent for inventions granted under the provisions hereinbe- fore contained shall be for fourteen years, and shall be made sub ject to the condition, that the same shall be void, and that the powers and privileges thereby granted shall cease and determine at the expiration of three years and seven years respectively from the date- thereof, unless there be paid before the expiration of the said three and seven years respectively, the sum or sums of money in the sched- ule to this Act annexed; and the payment of the said sums of money shall be indorsed on the warrant for the said letters patent, and the clerks of the commissioners shall issue under the seal of the commis sioners a certificate of such payment, and shall indorse a receipt for the same on any letters patent issued under tho authority of the said warrant; and such certificate duly stamped, shall be evidence of the payment of the several suras respectively. 328 FOREIGN LAWS. 18. Letters patent to be sealed with the Great Seal of the Col- ony. The commissioners so soon after the sealing of the said war- rant as required by the applicant for the letters patent, shall cause to be prepared letters patent for the invention according to the tenor of the said warrant, and it shall be lawful for the Governor to cause such letters patent to be sealed with the Great Seal of the Colony. 19. ATo letters after three months from warrant. Provided always that no letters patent, save as hereinafter mentioned in tho case of letters patent destroyed or lost, shall issue on any warrant granted as aforesaid, unless application be made to seal such letters patent within three months after the date of the said war- rant. 20. No letters (except, <&c.,) to be issued after expiration of protection. Provided also that no letters patent (save letters pat- ent issued in lieu of others destroyed or lost) shall be issued or be of any force or effect, unless the same be granted during the con- tinuance of the provisional protection under this Act, or where a complete specification has been deposited under this Act, nor then unless such letters patent be granted during the continuance of the protection conferred under this Act by reason of such deposit ; save that where the application to seal such letters patent has been made during the continuance of such provisional or other protection as aforesaid, and the sealing of such letters patent has been delayed by reason of a caveat or an application to the Governor against or in relation to the sealing of such letters patent, then such letters patent may be sealed at such time as the Governor shall direct. 21. Letters patent may be granted to personal representatives. Provided also that where the applicant for such letters patent dies during the continuance of the provisional protection, or the protec- tion by reason of the deposit of a complete specification (as the case may be), such letters patent may be granted to the executors or administrators of such applicant during the continuance of such provisional or other protection, or at any time within three months after the death of such applicant, notwithstanding the expiration of the term of such provisional or other protection, and the letters pat- ent so granted shall be of the like force and effect as if they had been granted to such applicant during the continuance of such provisional or other protection. 22. If letters be destroyed or lost, others may be issued. Pro- vided also that in case any such letters patent shall be destroyed LEEWARD ISLANDS. 329 or lost, other letters patent of the like tenor and effect, and sealed and dated as of the same day, may, subject to such regulations as the commissioners may direct, be issued under the authority of the warrant in pursuance of which the original letters patent were issued. 23. Letters patent may be dated as of the day of the application. It shall be lawful to cause any letters patent to be issued in pursu- ance of this Act to be sealed and bear date as of the day of the application for the same, or where the attorney-general or the Governor thinks fit and directs, any such letters patent as aforesaid may be sealed and bear date as of the day of the sealing of such letters patent or of any other day between the day of such applica- tion for provisional registration and the day of such sealing. 24. Letters patent antedated to be of the same validity. Any letters patent issued under this Act, sealed and bearing date as of any day prior to the day of the actual sealing thereof shall be of the same force and validity as if they had been sealed on the day as of which the same are expressed to be sealed and bear date. Provided always that save where such letters patent are granted for any invention in respect whereof a complete specification has been deposited upon the application for the same under this Act, no proceeding at law or in equity shall be had upon such letters patent in respect of any infringement committed before the same were actually granted. 25. Letters for foreign inventions not in force after expira- tion of foreign patent. Where upon any application made after the passing of this Act, letters patent are granted in this colony for or in respect of any invention first invented in any foreign country, or by the subject of any foreign power or State, and a patent or like privilege for the monopoly or exclusive use or exer- cise of such invention in any foreign country is there obtained before the grant of such letters patent in this colony, all rights and privileges under such letters patent shall (notwithstanding any term in such letters patent limited) cease and be void immediately upon the expiration or other determination of the term during which the patent or like privilege obtained in such foreign country shall con- tinue in force, or where more than one such patent or like privilege is obtained abroad immediately upon the expiration or other deter- mination of the term which shall first expire or be determined of such several patents or like privileges, provided always that 110 letters patent for or in respect of any invention for which any such patent or like privilege as aforesaid shall have been obtained in any 330 FOREIGN LAWS. foreign country, and which shall be granted in this colony after the expiration of the term for which such patent or privilege was granted or was in force, shall be of any validity. 26. Ufa of inventions in foreign ships, <&c. No letters patent for any invention (granted after the passing of this Act) shall extend to prevent the use of such invention in any foreign ship or vessel, or for the navigation of any foreign ship or vessel, which may be in any port of this colony, where such invention is not so used for the manufacture of any goods or commodities to be vended within or exported from this colony, provided always that this enactment shall not extend to the ships or vessels of any foreign State of which the laws authorize subjects of such foreign State, having patents or like privileges for the exclusive use or exercise of inventions within its territories to prevent or interfere with the use of such inventions in British ships or vessels while in the ports of such foreign State or in the waters within the jurisdiction of its courts, where such inventions are not so used for the manufacture of goods or com- modities to be vended within or exported from the territories of such foreign State. 27. Requirement that specifications be filed. All letters patent to be granted under this Act (save only letters patent granted after the filing of a complete specification) shall require the specification thereunder to be filed in the office of the commissioners. 28. Filing. Every specification to be filed in pursuance of the condition of any letters patent shall be filed in the office of the com- missioners. 29. Copies of specifications to be open to inspection. The com- missioners shall cause true copies of all specifications (other than provisional specifications), disclaimers and memoranda of alterations filed under or in pursuance of this Act, and all provisional specifi- cations after the term of the provisional protection of the invention has expired, to be open to the inspection of the public at the office of the commissioners at all reasonable times, subject to such reg- ulations as the commissioners may direct. 30. Specification and other documents to be printed, &c. The commissioners shall cause to be printed, published, and sold at such prices and in such manner as they may think fit, all specifications, disclaimers and memoranda of alterations deposited or filed under this Act, and such specifications (not being provisional specifica- tions), disclaimers and memoranda respectively shall be so printed and published as soon as conveniently may be after the filing thereof LEEWARD ISLANDS. 331 respectively, and all such provisional specifications shall be so printed and published as soon as conveniently may be after the expiration of the provisional protection obtained in respect thereof, and it shall be lawful for the commissioners to present copies of all such publications to such public libraries and museums as they may think fit, and to allow the person depositing or filing any such speci- fication, disclaimer or memoranda of alteration to have such num- ber, not exceeding twenty-five, of the copies thereof so printed and published, without any payment for the same, as they may think fit. 31. Copies of specifications, &c., to be evidence. Printed copies, certified by the commissioners or one of them, of specifications, dis- claimers, and memoranda of alterations shall be admissible in evi- dence and deemed and taken to be primd facie evidence of the existence and contents of the documents to which they purport to relate, in all courts and in all proceedings relating to letters patent. 32. Register of patents to be kept. There shall be kept at the office of the commissioners under this Act a book or books to be called " The Register of Patents," wherein shall be entered and recorded in chronological order all letters patent granted under this Act, the deposit of filing of specifications, disclaimers and memo- randa of alterations, filed in respect of such letters patent, all amendments in such letters patent and specifications, all confirma- tions and extensions of such letters patent, the expiry, vacating, or canceling such letters patent, with the dates thereof respectively, and all other matters and things affecting the validity of such let- ters patent, as the commissioners may direct, and such register or a copy thereof shall be open at all convenient times to the inspection of the public, subject to such regulations as the commissioners may make. 33. Registers of proprietors to be kept. There shall be kept at the office of the commissioners a book or books entitled " The Reg- ister of Proprietors," wherein shall be entered in such manner as the commissioners shall direct the assignment of any letters patent, or of any share or interest therein, any license under letters patent, and the district to which such license relates, with the name or names of any person having any share or interest in such letters patent or license, the date of his or their acquiring such letters pat- ent, share and interest, and any other matter or thing relating to or affecting the proprietorship in such letters patent or license, and a copy of any entry in such book, certified under the seal of the com- ixiissioners, shall be given to any person requiring the same on pay- 332 FOREIGN LAWS. mcnt of the fees hereinafter provided, and such copies so certified shall be received in evidence in all courts and in all proceedings, and shall be primd facie proof of the assignment of such letters patent or share or interest therein or of the license of the proprie- torship, as therein expressed, provided always that until such entry shall have been made the grantee or grantees of the letters patent shall be deemed and taken to be the sole and exclusive proprietor or proprietors of such letters patent and of all the licenses and privi- leges thereby given and granted, and any writ of scire facias to repeal such letters patent may be issued to the provost marshal of the presidency in which the grantee or grantees resided at the time when the said letters patent were granted, and in case such grantee or grantees do not reside in the Leeward Islands, it shall be sufficient to file such writ in the usual manner in which writs are filed, and serve notice thereof in writing at the last known residence or place of business of such grantee or grantees, and such register or a copy shall be open to the inspection of the public at the office of the commissioners, subject to such regulations as the commission- ers may make. 34. Falsification or forgery of entries a misdemeanor. If any person shall willfully make or cause to be made any false entry in the said Register of Proprietors, or shall willfully make or forge or cause to be made or forged any writing falsely purporting to be a copy of any entry in the said book, or shall produce or tender or cause to be produced or tendered in evidence any such writing knowing the same to be false or forged, he shall be guilty of mis- demeanor, and shall be punished by fine and imprisonment accord- ingly. 35. Entries may be expunged. If any person shall deem him- self aggrieved by any entry made under color of this Act in the said Register of Proprietors, it shall be lawful for such person to apply by motion to the Supreme Court or any judge thereof for an order that such entry may be expunged, vacated or varied, and upon any such application the said court or judge may make such order for expunging, vacating or varying such entry, and as to the costs of such application as to the said court or judge may seem fit, and the officer having the care and custody of such register, on the production to him of any such order for expunging, vacating or varying any such entry, shall expunge, vacate or vary the same, according to the requisitions of such order. 36. Provisions of 5 e recorded at the said office, and indorsed upon such specification, and a certificate thereof given to such applicant or his agent, who shall thereupon deposit and pay a fee as per schedule 8 hereunto annexed ; and thereupon, subject and without prejudice to the provisions hereinafter contained, the said invention shall be protected under this law for the term of six months next after the said deposit ; and the applicant shall have, during such term, the like powers, rights, and privileges as might have been conferred upon him by letters patent issued under this law, and duly sealed as of the day of the date of such deposit ; and during the continuance of such powers, rights, and privileges, such invention may be used and published, without prejudice to any letters patent to be granted for the same ; and the contents of such specifications shall not be inspected by any person but the attorney- general, or such person as he may appoint in that behalf, and its contents shall not be published until after the expiration of the said six months: Provided that in case the title of the invention or the said specification be too large or insufficient, it shall be lawful for the attorney-general, during the said term, and before the grant of letters patent, to allow or require such specification to be amended. Such amended specification shall be considered a com- plete specification, and shall be liable to the conditions imposed upon complete specification by this law. 5. Complete specification / fee ; protection / insufficient descrip- tion. The applicant for an invention, instead of depositing a " provisional specification," as aforesaid, may, if he think fit, deposit an instrument in writing under his hand and seal (hereinafter called a complete specification), particularly describing and ascertaining the nature of the said invention, in what manner the same is to be performed, and also such drawings as may be required to explain the same, and the day of the deposit of every such specification shall be recorded at the aforesaid office and indorsed upon such specification, and a certificate thereof given to such applicant, or his agent, who shall thereupon deposit and pay a fee as provided in schedule 8 of this law ; and thereupon, subject and without preju- dice to the provisions hereinafter contained, the said invention shall be protected under this law for the term of six months next after the said deposit, and the applicant shall have during such term the NATAL. 373 like powers, rights, and privileges ; such invention may be used and published without prejudice to any letters patent to be granted for the same, and where letters patent are granted in respect of such invention, such letters shall be conditioned to become void if such specification does not sufficiently describe and ascertain the nature of the said invention and in what manner the same is to be per- formed, arid in case the invention is an improvement on any exist- ing invention, if such specification does not sufficiently show in what the improvement consists. 6. Deposit of specification in fraud of true inventor, not to invalidate. In case of the depositing of any such specification as aforesaid, in fraud of the true and first inventor, any letters patent granted to the true and first inventor of any such invention shall not be invalidated by reason of such deposit, or of any use or pub- lication of the invention subsequent to such deposit, and before the expiration of the said term of protection. l.,J\fode of proceeding notice to attorney-general ; appoint- ment / publication / filing objections. The applicant, as soon as he shall think fit after the deposit of such specification as aforesaid, and of the drawings accompanying the same, if any, may give notice in writing, at the office of the attorney-general, of his inten- tion to proceed w r ith his application for letters patent for the said invention, stating in such notice the title of the said invention, and the day on which the specification thereof was deposited at the office of the attorney-general, and at the time of giving such notice shall produce the said certificate of deposit and receipt for the said fee or fees, and thereupon the said attorney-general, shall deliver to the applicant, or his agent, an appointment in the form contained in the second schedule to this law, or to the like effect ; and such applicant or agent shall cause the said appointment to be published once in the Government Gazette, once in some newspaper published in the city of Pietermaritzburg, and twice in some newspaper pub- lished in the town or place at or near which the applicant uses or exercises the said invention, or (in case he does not use or exercise the same) in or near to which he resides ; or if there shall be no newspaper published in such town or place, then twice in some newspaper circulating in the neighborhood where he uses or exer- cises the said invention, or (in case he does not exercise or use the same) where he resides ; and any person having an interest in opposing the grant of letters patent for the said invention, shall be at liberty, upon payment therefor of a fee as provided by schedule 374 FOREIGN LAWS. 8, to leave particulars in writing of the objections to the said appli- cation at the office of the attorney-general within such time, not less than one month, as the attorney-general by such appointment may direct. 8. Hearing of application and objections ; costs. At the time and place named in the said appointment, the applicant shall pro- duce the newspapers containing the same, and the attornby-general shall thereupon hear and consider the said application, and all objections to the same mentioned in the said particulars, if any, and may call to his aid scientific or other person or persons, as he may think fit, and the Lieutenant Governor therefor appoint, and may, by writing, under his hand, order to be paid to such person or persons, by the said applicant or objector, some remuneration for his or their attendance, and may also in like manner order that the costs of any hearing upon any objection or otherwise in relation to the grant of such letters patent, or the protection acquired by the applicant under this law, shall be paid, and in and by such writing shall fix the amount of such remuneration or costs, and by or to whom the same respectively sliall be paid ; and every such order shall be in the form contained in the third schedule to this law, or to the like effect, and may be made a rule of the Supreme Court ; pro- vided that the applicant, the objectors, and their respective wit- nesses and evidence, shall be respectively heard, examined, and considered separately and apart from, and in the absence of, the other, and his witnesses and evidence. 9. Issue of warrant for granting letters patent. The attorney- general, if no objections have been made, or after such hearing and consideration as the case may be, may issue a warrant under his hand for the granting of letters patent for the said invention, and by such warrant shall direct the insertion in such letters patent of all such restrictions, conditions, and provisos as he may deem usual and expedient in such grants, or necessary in pursuance of this law, and the said warrant shall be the warrant for the making and seal- ing of letters patent under this law, according to the tenor of the said warrant, and every such warrant shall be in the form contained in the fourth schedule to this law, or to the like effect, and for the granting thereof the applicant shall pay to the colonial treasurer, and produce his receipt therefor, a fee as in schedule No. 8 here- unto annexed. 10. Scire facias for repeal of patent ; Governor may order to withhold warrant. A writ of the Supreme Court of the nature of NATAL. 375 a writ of scire facias in England shall lie for the repeal of any let- ters patent granted under this law, and it shall be lawful for the Lieutenant Governor, with the advice aforesaid, to order such attorney-general to withhold such warrant as aforesaid, or that any letters patent, for the granting whereof he has issued a warrant, shall not issue ; or to order the insertion in any such letters patent of any restrictions, conditions, and provisos in addition to, or in substitution for, any restrictions, conditions, or provisos which would otherwise be inserted therein under this law ; and it shall also be lawful for the Lieutenant Governor, with the advice afore- said, to order any specification in respect of the invention described, in which no letters patent may have been granted, to be canceled, and thereupon the protection obtained by the deposit of such speci- fication shall cease. 11. Form and condition* of letters patent. All letters patent granted under this law shall be in the form contained in the fifth schedule to this law, or to the like effect, and be made subject to the condition that the same shall be void, and that the powers and privileges thereby granted shall cease and determine at the expira- tion of three years and seven years respectively from the date thereof, unless there be paid to the colonial treasurer within the said three and seven years respectively, the sum or sums of money in that behalf hereby required to be paid, and the colonial treasurer shall issue under his hand a certificate of such payment, and shall indorse a receipt for the same on the letters patent. 12. Preparation of letters patent ; sealing same. The attor- ney-general, so soon after the issue by him of the warrant aforesaid as required by the applicant, shall cause to be prepared letters patent of the invention, according to the tenor of the said warrant ; and it shall be lawful for the Lieutenant Governor, with the advice of the Executive Council, to cause letters patent to be sealed with the public seal of the colony, and such letters patent shall be made applicable to the said colony, and shall be valid and effectual as to the whole of the same ; but, except as hereinafter mentioned, no letters patent shall issue on any warrant granted as aforesaid, unless application be made to seal such letters patent within three months after the date of the said warrant, nor unless such letters patent be granted during the continuance of the protection conferred under this law by reason of such deposit as aforesaid. 13. Delay in sealing ; death of applicant ; destruction or loss of patent. Where the application to seal such letters patent has been 376 FOREIGN LAWS. made during the continuance of such protection as aforesaid, and the sealing of such letters patent has been delayed from accident, and not from the neglect or willful default of the applicant, then such letters patent may be sealed at such time, not being more than one month after the expiration of such protection as the Lieutenant Governor, with the advice aforesaid, shall direct ; and where the applicant for such letters patent dies during the continuance of such protection as aforesaid, such letters patent may be granted to the executors testamentary or dative of such applicant during the con- tinuance of such protection, or at any time within three months after the death of such applicant, notwithstanding the expiration of the term of such protection ; and the letters patent, so granted shall be of the like force and effect as if they had been granted to such applicant during the continuance of such protection ; and in case any letters patent shall be destroyed or lost, other letters patent, of the like tenor and effect, and sealed and dated as of the same day, may, subject to such regulations as the Lieutenant Governor, with the advice aforesaid, may direct, be issued under the authority of the warrant in pursuance of which the original letters patent were issued. 14. Date of patent; after issue appointment not to be ques- tioned. All letters patent to be issued ia pursuance of this law, shall be sealed and bear date as of the day of the deposit of any such specification as aforesaid, and shall be of the same force and validity as if they had been sealed on the day as of which the same are expressed to be sealed and bear date ; and after any let- ters patent shall have been granted or issued under this law, it shall not be necessary or admissible to inquire or ascertain whether such appointment as aforesaid has or has not been delivered and pub- lished in the manner hereinbefore mentioned and directed. 15. Extension to colony of patent granted elsewhere. Where, upon any application made under this law, letters patent are granted for or in respect of any invention, first invented in parts out of this colony, and a patent or like privilege for the monopoly or exclu- sive use or exercise of such invention in any parts out of this colony is obtained before the grant of such letters patent in this colony, all rights and privileges under such letters patent shall, notwithstand- ing any term in such letters patent limited, cease and be void immediately upon the expiration or other determination of the term during which the patent or like privilege obtained in such part out of such colony shall continue in force, or where more than one such NATAL. 377 patent or like privilege is obtained abroad, immediately upon the expiration or determination of the term which shall first expire or be determined of such several patents or like privileges : Provided always, that no letters patent for or in respect of any invention, for which any such patent or like privilege as aforesaid, shall have been obtained abroad, granted in this colony after the expiration or determination of the term for which such patent or privilege was granted or was in force, shall be of any validity. 16. Patent not to apply to foreign ships. No letters patent for any invention, granted after the passing of this law, shall extend to prevent the use of such invention in any foreign ship or vessel,* or for the navigation of any foreign ship or vessel which may be in any port of Natal, in case such invention is not so used for the manu- facture of any goods or commodities to be vended within or exported from the same. 17. Specifications and drawings, whereto be kept. Every spec- ification deposited at the office of the attorney general, as aforesaid, and the drawings accompanying the same, if any, shall forthwith, after the grant of the letters patent, or if no letters patent be granted, then immediately on the expiration of six months from the time of such deposit, be transferred to and kept in such office as the Lieu- tenant Governor with the advice aforesaid, shall from time to time appoint for that purpose. 18. Disclaimer. Appointment; publication; objections. Any person who shall obtain letters patent under this law, or in case such person shall part with the whole or any part of his interest by assignment, such person, together with the assignee (if part only hath been assigned), or the assignee alone (if the whole hath been assigned), may apply to the attorney-general for leave to enter a disclaimer of any part of either the title of the invention or of the specification, or a memorandum of any alteration in the said title or specification, not being such disclaimer or such alteration, as shall extend to the exclusive right granted by the said letters patent ; and thereupon the attorney-general shall deliver to such patentee and assignee, or either of them, or to their or either of their agents, an appointment in the form contained in the sixth schedule to this law, or to the like effect, and such patentee or assignee shall thereupon * By Law No. 5 of 1871, Carpm. Pat. used in navigation not propelled by oars, L. of World, 404, the terms " foreign ship not being registered in or hailing from or vessel " in section 16 in the text are this Colony." declared to " include all ships and vessels 378 FOREIGN LAWS. cause such disclaimer (stating the reason for the same), or such memorandum or alteration to be written at the foot of such appoint- ment, and shall cause the same respectively to be published in the manner hereinbefore required, with respect to the said first men- tioned appointment, and any person having an interest in opposing the said application shall be at liberty to leave particulars, in writ- ing, of their objections to the same, at the office of the attorney- general, within such time, not being less than one month, as the said attorney-general by such appointment may direct : Provided that where such application as aforesaid shall be for leave to enter a disclaimer of any part of the title of the said invention, or a mem- orandum of any alteration in such title, the attorney-general 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. 19. Hearing application and objections. At the time and place named in such appointment, the said patentee and assignee, 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 attorney-general shall thereupon hear and consider the said application, and all objections to the same, mentioned in the said particulars, if any, and all such power and authority shall and may be exercised on such occasion by the attorney-general, as by virtue of the provisions hereinbefore contained, can and may be exercised in relation to the hearing and considering any application for letters patent, and objections to the same, and shall and may be enforced in the same manner. 20. Entry of disclaimer ; attorney -general's fiat. After such hearing and consideration, or without such hearing and considera- tion, where the said appointment and publication shall have been dispensed with, as aforesaid, such patentee and assignee, or either of them, may, by leave of the attorney-general, 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), enter such disclaimer, stating the reason for the same, or such memorandum of alteration ; and at the time of entering such disclaimer or memorandum of alteration, shall deposit a copy thereof in the office next hereinbefore mentioned ; and such disclaimer or memorandum of alteration being filed in such office as the Lieutenant 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 NATAL. 379 specification, and subject to the several incidents thereof in all courts of this Colony, and shall be valid and effectual in favor of any person in whom the rights under the said letters patent may then be, or hereafter become legally vested ; and no objection shall be allowed to be made in any proceeding upon, or touching such letters patent, specification, disclaimer, or memorandum of altera- tion, on the ground that the person entering such disclaimer or memorandum of alteration had not sufficient authority in that behalf : Provided always, that no action shall be brought upon any letters patent in which, or on the specification of which, any dis- claimer 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 attorney-general shall certify in his said fiat that any such action may be brought), not- withstanding the entry or filing of such disclaimer or memorandum of alteration ; and no such disclaimer or alteration shall be receiv- able as evidence in any action or suit (save and except in any proceeding as aforesaid, in the nature of a scire facias), pending at the time when such disclaimer or alteration 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 issued under this law, it shall not be necessary or material to inquire or ascertain whether such appointment as last aforesaid has or has not been delivered and published or dispensed with in accordance with this law : and such filing of any disclaimer or memorandum of alteration, in pursuance of the leave of the attorney-general, certi- fied as aforesaid, shall, except in cases of fraud, be conclusive as to the right of the party to enter such disclaimer or memorandum of alteration under this law. 21. /Specifications, drawings, &c,; public, after issue of patent. The copies of all specifications, and the drawings accompanying the same, if any, and of all disclaimers and memoranda of alterations, respectively deposited under or in pursuance of this law, shall be open to the inspection of the public at all reasonable times after the grant of letters patent, or if no letters patent be granted, then immediately on the expiration of six months from the time of such deposit, but subject to such regulations as the Lieutenant Governor, with the advice aforesaid, may make in that behalf. 380 FOREIGN LAWS. 22. Petition to Governor for extension of patent. If any person having obtained letters patent under ibis law, or in case such per- son shall have parted with his whole or any part of his interest by assignment, if such person, together with the assignee (where part only hath been assigned), or if the assignee alone (where the whole hath been assigned), shall, six months before the expiration or other termination of such letters patent, present to the Lieutenant Gover- nor a petition for the extension of the term in such letters patent mentioned, and shall set forth in such petition that he or they has or have been unable to obtain a due remuneration for his or their expense or labor in perfecting such invention, and that an exclusive right of using and vending the same for some further period to be named in such petition, in addition to the said term, is necessary for his or their reimbursement and remuneration, it shall be lawful for the Lieutenant Governor, with the advice aforesaid, to refer the consideration of the said petition to the Supreme Court. 23. Petition for confirmation or renewal of patent. If in any suit or action it shall be proved or specially found by the verdict of a jury or by the court, that any person who shall have obtained let- ters patent for any invention or supposed invention was not the first inventor thereof, or of some part thereof, by reason of some other person having invented or used the same, or some part thereof, before the date of such letters patent, or if such patentee or his assigns shall discover that some other person had, unknown to such patentee, invented or used the same or some part thereof before the date of such letters patent, such patentee or his assigns may peti- tion the Lieutenant Governor to confirm the said letters patent, or to grant new letters patent, and it shall be lawful for the Lieutenant Governor, with the advice aforesaid, to refer the consideration of the said petition to the Supreme Court. 24. Petition to be advertised ; entering caveat. Two months at least before the time named for tbe consideration of any such peti- tion as aforesaid, the petitioner shall cause to be published, in the same manner as is hereinbefore required with respect to the first- mentioned appointment, an advertisement of the contents of the said petition in the form contained in the seventh schedule to this law, or to the like effect ; and any person having an interest in opposing the said petition shall be at liberty to enter a caveat against the same at the office of the attorney-general, at any time, not being less than one week before the time named for the consideration of the said petition. NATAL. 381 25. Hearing petition ; court to report to Lieutenant Governor on prayer for extension ; on prayer for confirmation or renewal, to decide. The petitioner shall be heard by his counsel and witnesses, to prove his case as stated in such petition, and the publication of the said last-mentioned advertisement as required by this law ; and the persons entering caveats shall likewise be heard by their coun- sel and witnesses ; and all such witnesses shall be examined upon oath or affirmation, and thereupon, and upon hearing and inquiry of the whole matter, in case such petitioner shall have prayed for an extension as aforesaid, the said court may report whether any, and, if any, what further extension of the said term should be granted ; and the Lieutenant Governor is hereby author- ized and empowered, if he, with the advice aforesaid, shall think fit, to grant to the petitioner new letters patent for the said invention, for a term not exceeding fourteen years after the expira- tion of the first term, anything hereinbefore contained to the con- trary thereof notwithstanding ; and such new letters patent shall be sealed and bear date as of the day after the expiration of the term of the first letters patent ; or, in case such petitioner shall have prayed for a confirmation or grant as aforesaid, the court, upon examining the said matter, and being satisfied that such pat- entee, as aforesaid, believed himself to be the first and original inventor, and being satisfied that such invention, or part thereof, had not been publicly and generally used before the date of such first letters patent, shall decide whether the prayer of such petition ought to be complied with, whereupon the Lieutenant Governor may, if he, with the advice aforesaid, shall think fit, grant such prayer ; and the said letters patent shall be available at law and in equity to give such petitioner the sole right of using, making, and vending such invention, as against all persons whatsoever, anything hereinbefore contained to the contrary thereof notwithstanding : Provided that any person, party to any former action or suit touch- ing such first letters patent as last aforesaid, shall be entitled to have notice in writing from the petitioner or his attorney of the time and place fixed for the hearing of the said petition ; and after any such decision and order shall have been made, it shall not be material to inquire or ascertain whether any such advertisement as last afore- said has or has not been published, or whether acy such notice as last aforesaid has or has not been given in the manner hereinbefore directed in that behalf. The expenses of such hearing and all costs connected therewith, shall be paid as the court may direct. 382 FOREIGN LAWS. 26. Indices of specifications, cfec. The Lieutenant Governor, with the advice aforesaid, may cause indices to all specifications, disclaimers and memoranda of alterations heretofore or to be here- after enrolled or deposited as aforesaid, to be prepared in any such form as may be thought fit, and such indices shall be open to the inspection of the public at such places as the Lieutenant Governor with the advice aforesaid, shall appoint, and subject to the regula- tions to be made as hereinbefore provided. 27. The Register of Patents. There shall be kept at the office to be appointed, as aforesaid, a book or books to be called The Register of Patents, wherein shall be entered and recorded in chronological order all letters patent granted under this law, the deposit and filing of specifications, disclaimers and memoranda of alterations filed in respect of such letters patent, all amendments in such letters patent and specifications, all confirmations and exten- sions of such letters patent, the expiry, determination, vacating, or canceling such letters patent, with the dates thereof respectively, and all other matters and things affecting the validity of such let- ters patent as the Lieutenant Governor, with the advice aforesaid, may direct, and such register, or a copy thereof, shall be open at all convenient times to the inspection of the public, subject to such reg- ulations as the Lieutenant Governor, with the advice aforesaid, may make in that behalf. 28. Register of Proprietors. There shall be kept at the same office a book or books entitled the Register of Proprietors, wherein shall be entered, in such manner as the Lieutenant Gover- nor, with the advice aforesaid, shall direct, the assignment of any letters patent, or of any share or interest therein, any license under letters patent, and the district to which such license relates, with the name or names of any person having any share or interest in such letters patent or license, the date of his or their acquiring such letters patent, share and interest, and any other matter or thing relat- ing to or affecting the proprietorship in such letters patent or license, and a copy of any entry in such book, certified as hereinafter men- tioned, shall be given to any person requiring the same on pay- ment of the fee provided in schedule 8, and shall be primd facie proof of the assignment of such letters patent or share or interest therein, or of the license or proprietorship as therein expressed, pro- vided always that, until such entry shall have been made, the grantee or grantees of the letters patent shall be deemed and taken to be the sole and exclusive proprietor or proprietors of such letters NATAL. 383 patent, and of all the licenses and privileges thereby given and granted, and such register or a copy shall be open to public inspec- tion, subject to such regulations as the Lieutenant Governor, with the advice aforesaid, may make. 29. Punishment for making false or forged entries. If any person shall willfully make, or cause to be made, any false entry in the said register, or shall willfully make or forge, or cause to be made or forged, any writing falsely purporting to be a copy of any entry in the said book, or shall produce or tender, or cause or suffer to be produced or tendered, in evidence, any such writing, knowing the same to be false or forged, he shall be guilty of the crime of contravening this section of this law, and shall upon conviction be liable to imprisonment, with or without hard labor, for any period not exceeding live years. 30. Entries in registers how expunged, vacated or varied. If any person shall deem himself aggrieved by any entry made under color of this law in the said register, it shall be lawful for such person to apply by motion to the Supreme Court for an order that such entry may be expunged, vacated, or varied, and upon any such application such court may make such order for expunging, vacating or varying such entry, arid as to the costs of such application as to such court may seem fit, and the officer having the care and cus- tody of such register, on the production to him of any such order, shall expunge, vacate or vary the said entry according to such order. 31. Punishment for imitating apatentee's marks or device. If any person shall write, paint, print, mould, cast, carve, engrave, stamp, or otherwise mark, upon anything made, used, or sold by him, for the sole making or selling of which he hath not, or shall not, have obtained letters patent, the name or any imitation of the name of any other person who hath or shall have obtained letters patent for the sole making or vending of such thing, without leave in writing of such patentee or his heirs or assigns, or if any person shall, upon such thing not having been purchased from the patentee or some person who purchased it from or under such patentee, or not having had the license or consent in writing of such patentee or his assigns, write, paint, print, mould, cast, carve, engrave, stamp, or otherwise mark the word " Patent," the words " Letters Patent," or the words " By the Queen's Patent," or any words of the like kind, meaning, or import, with a view of imitating or counterfeit- ing the stamp, mark, or other device of the patentee, he shall for 384 FOREIGN LAWS. every suchoff ense forfeit and pay the sum of fifty pounds, one half to the colonial government, and the other half, with full costs of suit, to any person who shall sue for the said penalty by action of debt. 32. Inventor's action for infringement of patent. An action may be maintained in the Supreme .Court by an inventor against any person who, during the continuance of the letters patent granted under this law, shall, without the license of said inventor, make, use, sell, or put in practice the said invention, or who shall counter- feit or imitate the same. 33. Grounds of defense to any such action. No such action shall be defended upon the ground of any defect or insufficiency of the specification of the invention, nor shall any such action be defended upon the ground of a misdescription of the invention in the petition, nor upon the ground that the plaintiff was not the inventor, unless the defendant shall show that he is the actual inventor or derives title from him. Any such action may be defended upon the ground that the invention was not new, if the person making the defense, or some person through whom he claims, shall, before the date of the petition for leave to file any such specification, have publicly or actually used in Natal the invention or that part of it, of which the infringement shall be proved, but not otherwise. 34. Court may allow amendment of specification. If the court at the hearing of the cause shall think the patentee has in the description of his invention in the petition or specifications included something which at the date of the petition was not new, or whereof he was not the inventor, or that the complete specifica- tion is in any particular defective or insufficient, but that the error, defect, or insufficiency was not fraudulently intended, the court may adjudge the said exclusive privilege to have been acquired and the letters patent to be valid, save as to the part thereof affected by such error, defect, or insufficiency, or if the court shall think that the error, defect, or insufficiency can be amended without injury to the public, they may adjudge the exclusive privilege and letters patent in the whole of the invention to be valid, and may, upon such terms as shall appear reasonable, order the specification to be amended in any of the said particulars, and adjudge and make such further order as to costs or otherwise as may be neces- sary and expedient, and thereupon the patentee, his executors, administrators, or assigns, shall, within the time limited by said NATAL. 385 court for the purpose, file a specification amended according to such order. 35. Action for infringement; pleadings; proceedings for repeal. In any action for the infringement of letters patent, the plaintiff shall deliver with his declaration particulars of the breaches complained of in the said action, and the defendant on pleading thereto, shall deliver with his pleas, and the prosecutor in any proceedings in the nature of scire facias to repeal letters patent, shall deliver with his declaration particulars of any objections on which he means to rely at the trial in support of the pleas in the said action, or of the suggestions of the said declaration respectively, and at the trial of such action or proceedings no evidence shall be allowed to be given in support of any alleged infringement, or of any objection impeaching the validity of such letters patent which shall not be contained in the particulars delivered as aforesaid, provided always that the place or places at, or in which, and in what manner, the invention is alleged to have been used or pub- lished prior to the date of the letters patent, shall be stated in such particulars, provided also that it shall and may be lawful for any judge at chambers to allow such plaintiff or defendant, or prosecu- tor respectively, to amend the particulars delivered as aforesaid, upon such terms as to such judge may seem fit, provided also th'at at the trial of any proceeding to repeal letters patent, the defendant shall be entitled to begin and give evidence in support of such letters patent, and in case evidence shall be adduced on the part of the prosecutor, impeaching the validity of such letters patent, the defendant shall be entitled to the reply. 36. Costs in such action or proceedings. In taxing the costs in any action for infringing letters patent, regard shall be had to the particulars delivered in such action, and the plaintiff and defendant respectively shall not be allowed any costs in respect of any par- ticular unless certified by the court before which the trial was had to have been proved by such plaintiff or defendant respectively, and it shall be lawful for the court before which any such action shall be tried to certify on the record that the validity of the letters patent in the declaration mentioned came in question, and the record with such certificate being given in evidence in any suit or action for infringing the said letters patent, or in any proceeding in the nature of scire facias, to repeal the letters patent, shall entitle the plaintiff in any such suit or action, or the defendant in any suet proceeding, on obtaining a decree or judgment, to his full costs I. 25 386 FOREIGN LAWS. charges and expenses, to be taxed as between attorney and client, unless the court making such judgment, decree or order, shall certify that the plaintiff or defendant respectively ought not to have such full costs. 37. Payment of fees specified in schedule. There shall be paid in respect of letters patent applied for or issued as herein mentioned, the depositing of specifications, disclaimers and memoranda of alterations, warrants, certificates, entries, searches, and other matters and things respectively mentioned in the eighth schedule to this Jaw, such fees as are enumerated in such schedule, and such of the said fees as are thereby made payable shall be payable to the per- sons and in the manner provided in such schedule, and shall form part of the colonial revenue. 38. Patent granted in United Kingdom after 1870, not to extend to Natal. All letters patent which shall be granted in the United Kingdom of Great Britain and Ireland^ after the first day of Janu- ary, in the year of our Lord one thousand eight hundred and seventy-one, for any invention shall, so far as the same relate to this colony, be utterly void and of none effect, and in no wise be put in execution, but all such letters patent granted in the said United Kingdom on or before that day, and which, if this law had not been passed, would have been valid in this colony, shall be deemed and taken to have been granted under this law, and may be dealt with accordingly. 39. Effect from promulgation. This law shall take effect from the promulgation thereof in the Government Gazette. -SCHEDULE 1. To all to whom these presents shall coine, I, of [engineer, etc., as the case may be], send greeting : Whereas I am desirous of obtaining letters patent for securing unto me Her Majesty's special license that I, my executors, and assigns, and such others as I or they should at any time agree with, and no others, should and lawfully might, from time to time, and at all times during the term of fourteen yeara > be computed from the day on which this instrument shall be left at the office of tho attorney- general), make, use, exercise, and vend, within the colony of Natal, an invention for [insert the title of the invention] ; and in order to obtain the said letters [latent, I must, by an instrument in writing under my hand, particularly describe and ascertain the nature of the said invention, and in what manner the same is to be per- formed, and must also enter into the covenant hereinafter contained : Now know ye, .hat the nature of the said invention, and the manner in which the same is to be per-. NATAL. 387 formed, are particularly described and ascertained in and by the following statement, that is to say [describe the invention]. And I do hereby, for myself, my heirs and executors, covenant with Her Majesty, her heirs and successors, that I believe the said invention to be a new invention as to the public use and exercise thereof, and that I do not know or believe that any person other than myself is the true and first inventor of the said invention, and that I will not deposit these presents at the office of the attorney-eeneral with any such knowledge or belief as last aforesaid. In witness whereof, I have hereunto set my hand at , this * day of 18 . SCHEDULE 2. Patent for [insert the title as in the specification], This is to notify that , of &c., did, on the day of instant [or last], deposit at the office of the attorney-general, Pietermaritzburg, a specification or instrument in writing under his hand, particularly describing and ascertaining the nature of the said invention, and in what manner the same is to be performed, and that by reason of such deposit the>said invention is protected and secured to him exclusively for the terra of six months thence next ensuing. And I do further notify that the said has given notice in writing, at my office, of his intention to pro- ceed with his application for letters patent for the said invention, and that I have appointed day the day of next, at o'clock in the noon, at my office, to hear and consider the said application, and all objections thereto : and I do hereby require all persons having an interest in opposing the grant of such letters patent, to leave before that day, at my office in Pietermaritzburg, particulars in writing of their objections to the said application, otherwise they will be precluded from urging the same. Given under my hand, this day of 18 . Attorney-General. SCHEDULE 8. Upon hearing the objection of A. B. to the grant to , of letters patent for [insert the title ax in the specification], I do by this writing under my hand, order that the said A. B. shall pay to the said , the sum of for the costs of such hearing [or to E. F. the sum of as a remuneration for his attendance at such hearing]. Given under my hand, this day of 18 . Attorney-General. SCHEDULE 4. I have heard and considered the application of , for letters patent for [insert the title as in the specification] \ and also all objections to the same, and, having perused the specification and the usual and necessary advertisements, am of opinion that, as it is entirely at the hazard of the said applicant whether the said invention is new and will have the desired success, Her Majesty's royal letters patent may be 388 FOREIGN LAWS. issued in the form contained in the fifth schedule of the patent law, with the follow- ing additional clauses, that is to say [here set them out, if any]. Given under my hand, this day of 18 . Attorney-General. SCHEDULE 6. VICTORIA, by the grace of God, of the United Kingdom of Great Britain and Ire- land, Queen, Defender of the Faith, to all to whom these presents shall come, greeting : Whereas , of , in the county of [engineer, &c., as the case may be], hath represented that he is desirous of obtaining our royal letters patents, for secur- ing unto him our special license that he, his executors and assigns, and such others as he or they should agree with, and no others, should and lawfully might, make, use, vend, and exercise within our Colony of Natal, an invention for [insert the title of the invention], and by an instrument in writing under his hand, deposited in the office of the attorney-general, the said hath particularly described and ascertained the nature of the said invention, and in what manner the same is to be performed : And we, being willing to give encouragement to all arts and inventions which may be for the public good, are graciously pleased to confer upon the said the privileges hereinafter mentioned ; Know ye, therefore, that we of our especial grace, certain knowledge, and mere motion, have given and granted, and by these presents, for us our heirs and successors, do give and grant unto the said , his executors, and assigns, our especial license, full power, sole privilege and authority, that he, the said , his executors, administrators, and assigns, and every of them, by himself and themselves, or his and their deputy or deputies, servants or agents, or such others as he or they shall at any time agree with, and no others, during the term herein expressed, shall and lawfully may make use of, exercise, and vend his said invention within our said colony, in such manner as to him, his executors and assigns, or any of them, shall seem meet ; and that he, his executors and assigns, shall and lawfully may have and enjoy the whole profit, benefit, commodity, and advantage, from time to time coming, growing, accruing, and arising by reason of the said invention, during the said term ; to have, hold, exercise, and enjoy the said licenses, powers, privileges, and advantages, unto and by the said , his executors and assigns, for and during, and unto the full end and term of years, now next ensuing. And to the end that he, his executors and assigns, and every of them, may have and enjoy the full benefit and the sole use and exercise of the said invention, according to our gracious intention, we do by these presents, for us, our heirs and successors, require und strictly command all and every person and per- sons whatsoever, of what estate, quality, degree, name, or condition soever they be, within our said colony, that neither they, nor any of them, at any time during the said term, either directly or indirectly, do make, use, or put in practice the said inven- tion, or any part of the same, so attained unto by the said as aforesaid, nor in anywise counterfeit, imitate, or resemble the same, nor shall make or cause to be made any addition thereunto, or subtraction from the same, whereby to pretend him- self or themselves the inventor or inventors, devisor or devisors thereof, without the consent, license, or agreement of the said , his executors or assigns, in writing under his or their hands first had and obtained in that behalf, upon such pains and penalties as can or may be justly inflicted on such offenders for their contempt of this NATAL. 389 our royal command ; and further, to be answerable to the said. , his executors and assigns, according to law, for his and their damage thereby occasioned ; provided always, and these our letters patent are and shall be upon this condition, that if at any time during the said term hereby granted, it shall appear that this our grant is contrary to law, or prejudicial or inconvenient to our subjects in general, or that the said invention is not a new invention as to the public use and exercise thereof, or that the said is not the first and true inventor thereof within this colony, these our letters patent shall forthwith cease, determine, and be utterly void to all intents and purposes, anything hereinbefore contained to the contrary thereof in anywise notwith- standing ; provided also, that these our letters patent or anything herein contained, shall not extend, or be construed to extend, to give privilege unto the said , his executors and assigns, or any of them, to use or imitate any invention or work what- soever which hath heretofore been found out or invented by any other of our subjects whatsoever, and publicly used or exercised, unto whom our like letters patent or privileges have been already granted for the sole use and exercise and b enefit thereof within our said colony ; it being our will and pleasure that the said , his execu- tors and assigns, and all and every person and persons to whom like letters patent or privileges have been already granted as aforesaid, shall distinctly use and practice their several inventions by them invented and found out, according to the true intent and meaning of the same respective letters patent, and of these presents ; provided likewise, nevertheless, and these our letters patent are upon this express condition, that if the said instrument in writing does not particularly describe and ascertain the nature of the said invention, and in what manner the same is to be performed, and also if the said , his executors or assigns, shall not pay at the office of the colonial treasurer of our said colony the sum of pounds within three years next after the date of these presents, and the sum of pounds within seven years next after such date, then, and in any of the said cases, these our letters patent, and all liberties and advantages whatsoever hereby granted, snail utterly cease, determine, and become void, anything hereinbefore contained to the contrary thereof in anywise notwithstanding : provided that nothing herein contained shall prevent the granting of licenses in such manner and for such considerations as may by law be granted : And, lastly, we do by these presents, for us, our heirs and successors, grant unto the said , his executors and assigns, that these our letters patent shall be in and by all things good, firm, valid, sufficient, and effectual in the law, according to the true intent and meaning thereof, and shall be taken, construed, and adjudged in the most favorable and beneficial sense, for the best advantage of the said , his executors and assigns. In witness whereof we have caused these our letters to be made patent, and to be sealed and bear date as of the day of 18 . SCHEDULE 6. Patent for [here insert the title"]. This is to notify to all whom it may concern, that of, &c., has applied to me for leave to enter a disclaimer of part [or memorandum of alteration, as the case may be] of the said invention, the particulars whereof are stated below ; I do therefore 390 FOREIGN LAWS. appoint day the day of next, at o'clock in the noon, to hear and consider the said application and all objections to the same. And I do hereby require all persons having an interest in opposing the said application, to leave, before that day, at my office in Pietermaritzburg, particulars in writing of their objection to the same, otherwise they will be precluded from urging such objections. Given under my hand this day of 18 . Attorney-General. The following is the disclaimer [or eu the case may be] which I desire to make in, tic. \The applicant must here set forth w/uit he wishes to enter, and sign il.] SCHEDULE 7. Patent for [insert the title]. Notice is hereby given that I have presented a petition to his Excellency the Lieutenant Governor, praying for the confirmation of [or extension of the term in] the said patent, and that the said petition has been referred to the supreme court for consideration and decision ; and that on the day of next, at o'clock in the noon, or so soon thereafter as counsel can be heard, the said court will be moved thereon. All persons objecting to the said confirmation [or extension] must enter a caveat against the same at the office of the attorney-general in Pieter- maritzburg, otherwise they will be precluded from objecting to it. Dated this day of 18 . SCHEDULE 8. fees to be paid to Treasurer on account of general revenue. s. d. On depositing provisional specification 1 1 Notice to proceed 050 Alteration of specification 10 6 For any appointment 1 1 Fee for warrant (in terms of clause 9) 1 1 Complete specification 1 1 Particulars of objection 1 1 On presenting petition for extension of confirmation 1 1 Every search and inspection 1 Entry of assignment or license 5 Certificate of assignment or license 5 Filing memorandum of alteration or disclaimer 1 1 Entering caveat 1 1 Copy, or extract of any writing, per common law folio 1 NATAL. 391 s. d. Sealing letters patent - l IQ ( * At or before the expiration of three years At or before the expiration of seven years lo From Carpm. Pat. L. of World, 381 ; shortening some lengthy section captious. See APPENDIX OF RECENT LAWS, near end of Vol. II. 892 FOREIGN LAWS. NETHERLANDS. According to a report by Mr. J. Walsham, of the British Lega- tion, published October 7, 1873, 4 Pat. Off. Gaz. 373, the law of Jan- uary 25, 1817, which allowed issue of patents for terms not exceeding fifteen years, was repealed by a law taking effect July 18, 1869, which prohibited issue of patents except upon applications made prior to that date. He also says : " It may be as well to correct a somewhat prevalent idea that the Crown, notwithstanding the law for the abolition of patents, has still the power ra special cases of conferring exclusive rights upon inventors. No such royal preroga- tive, however, exists ; and no exceptions whatever are or can be made, beyond those specified in the abolition law." [Referring to provisions allowing patents granted under the former law for five or ten years to be extended not exceeding fifteen years in all, and allowing applications made before the abolition to be granted.] It follows that no patents for the Netherlands are obtainable, and none are existing. Mr. Walsham's report explains the effect of this legislation ; and publishes the Act of January 25, 1817, and the regulations for carrying it out. 4 Pat. Off. Gaz. 374, 375. NEVIS. See LEEWARD ISLANDS. NEW BRUNSWICK. See CANADA. NEW CALEDONIA. See FRANCE. NEWFOUNDLAND. 393 NEWFOUNDLAND. The Consolidated Statutes, Title XV., Ch. 54, Sec. 1, entitled " of Patents." I. Patents to be granted in certain cases. Whenever any per- son shall apply to the Governor, alleging that he hath invented and discovered any new and useful art, machine, manufacture, or com- position of matter not theretofore known or used, and shall, by /? j , petition to the Governor, signify his desire to obtain an exclusive property in such new invention and discovery, and shall pray that a patent be granted for the same, the Governor in Council may direct letters patent, under the Great Seal of this Island, to be issued, which letters patent shall recite the allegations and sugges- tions of the said petition and shall therein give a short description of the said invention and discovery, and thereupon shall grant to such person, his executors, administrators, or assigns, for a term not exceeding fourteen years, the full and exclusive right and lib- erty of making, constructing, and using, and vending to others to be used, the said new invention or discovery ; which letters patent shall be good and available to the grantee therein named, by force of this chapter, and shall be recorded in the office of the colonial secretary in a book to be kept for that purpose, and shall be deliv- ered to the patentee : and the Governor in Council may insert in ^t4: tt any such letters patent a provision extending the operation thereof for a further term of seven years. Before the Great Seal of this Island shall be affixed to any such letters patent, or the same shall be issued and signed as aforesaid, such letters patent shall be deliv- ered to Her Majesty's attorney-general, who shall examine the same, and shall, if he finds the same conformable to this chapter, certify accordingly, and return the same within fifteen days into the office of the colonial secretary, to be issued and signed. II. Improvement on patented invention. Where any such let- ters patent shall be obtained by any person, and thereafter any other person shall discover or make any improvement in the princi- ple or process of any such art, machine, or composition of matter, for which such patent hath been granted, and shall make applica- tion for and obtain letters patent under this chapter for the exclu- sive right of such improvement, the person who shall obtain and 394 FOREIGN LAWS. procure letters patent for any such improvement, shall not make use, or vend the original invention or discovery, nor shall the per- son who shall have procured letters patent for the original invention or discovery, make, use, or vend any such improvement : Provided, that simply changing the form or the proportions of any machine ? r composition of matter, in any degree, shall not be deemed a dis- covery or improvement within the meaning of this chapter. III. Right to copies. Any person may obtain from the office of the colonial secretary a copy of any such letters patent, or of the petition whereon the same were issued, or of any paper connected therewith, or any drawing relating to the same, on payment, for such copy, of such fees as are now payable at the office of the col- onial secretary for copies of other documents. IV. Oath required. Before any person shall receive any letters patent under this chapter, such person shall make oath, in writ- ing, before one of the justices of Supreme Court, a stipendiary magistrate, or commissioner of affidavits, that he doth verily believe that he is the inventor or discoverer of the art, machine, composi- tion of matter, or improvement for which he solicits letters patent, and that such invention or discovery hath not, to the best of his knowledge or belief, been known or used in this island or in any other country, which oath shall be delivered with the petition for such letters patent. V. Description, model, and drawing to be filed. Together with guch petition and oath, before any person shall obtain any letters patent as aforesaid, such person shall also deliver into the office of the colonial secretary a written description of his invention, and of the manner of using or process of compounding the same in such full, clear, and exact terms as to distinguish the same from all other things before known, and to enable any person skilled in the art or science of which it is a branch, or with which it is most nearly con- nected to make, compound, and use the same, and in case of any machine, shall deliver a model thereof into the office of the colon- ial secretary, and shall explain the principle and the several modes in which such person hath contemplated the application of that principle or character by which it may be distinguished from other inventions, and shall accompany the whole with drawings and written references, where the nature of the case admits of drawings, or with specimens of the ingredients, and of the composition of matter, sufficient in quantity for the purpose of experiment, where the invention is of a composition of matter ; which description, NEWFOUNDLAND. 395 signed by such person, and attested by two witnesses, shall be filed in the office of the colonial secretary, and copies thereof, certified under his hand, shall be evidence in all courts where any matter or thing, touching or concerning the said letters patent, shall come into question : Provided, that where, from the complicated nature of any machinery, the cost of a model thereof may be so great as to prevent any ingenious but poor person from obtaining patents for his useful inventions, the Governor in Council may dispense with the delivery of such model into the office of the colonial secretary previous to the granting of any such patent ; and the requisitions of this chapter being in all other respects complied with, such per- son shall be entitled to such patent as if such model had been so lodged. VI. Patentee may assign. Any patentee, his executors or administrators, may assign all his right, title, and interest in the said invention and discovery in the letters patent to him granted, to any person ; and the assignee thereof, having recorded the said assignment in the office of the colonial secretary, shall thereafter stand in the place and stead of the original patentee, as well as to all right, privilege, and advantage, as also in respect of all liability and responsibility as to the said letters patent, and the invention and discovery thereby secured ; and in like manner shall the assignees of any such assignee stand in the place and stead of the original patentee or inventor. VII. Forfeiture in case of infringement. Whenever, in any case, any letters patent, shall be, or shall or may have been, granted to any person under and by virtue of this chapter, and any person, without the consent of the patentee, his executors, administrators, or assigns, first had and obtained in writing, shall make, devise, use, or sell the thing, invention, or discovery, whereof the exclusive right is secured to the said patentee by such letters patent, such person so offending shall forfeit and pay to the said patentee, his executors, administrators, or assigns, a sum equal to three times the actual damage sustained by such patentee, his executors, adminis- trators, or assigns from or by reason of such offense, which sum may be recovered, together with costs, by action on the case, founded on this chapter, in the Supreme Court. VIII. Pleading. The defendant in such action may plead the general issue, and give this chapter, and any special matter in evi- dence, tending to prove that the specification filed by the plaintiff does not contain the whole truth relative to the invention or discov- 396 FOREIGN LAWS. ery therein alleged to have been made by the said plaintiff, or that it contains more than is necessary to produce the described effect (which concealment or addition shall fully appear to have been made for the purpose of deceiving the public), or that the thing, invention, or discovery, thus secured by letters patent, as aforesaid, was not originally discovered by the patentee, but had been in use, or had been described in some public work, anterior to the supposed invention or discovery of the said patentee, or that he had surrepti- tiously obtained letters patent as aforesaid, for the invention or dis- covery of some other person ; in either of which cases, upon proof thereof, a verdict shall be returned and a judgment shall be entered for the said defendant with costs, and the said letters patent shall thereupon be and shall by the said court be adjudged void. IX. Applicant not deprived of right by having obtained patent elsewhere. !No applicant shall be deprived of his right to a patent , in this colony for his invention, by reason of his having previously taken out letters patent therefor in any other country : Provided, that such invention shall not have been introduced into public and common use in this colony prior to the application for a patent : therein, and the patent granted in this colony shall not continue in i force after the expiration of the patent granted elsewhere, and where more than one such patent or like privilege is obtained abroad, then immediately upon the expiration or determination of the term which shall first expire or be determined of such sevei-al patents or like privileges, the patent granted in this colony shall cease to be in force : and no letters patent for or in respect of any invention for which any such patent or like privilege as aforesaid shall have been obtained elsewhere, and which shall be granted in this colony, after the expiration of the term for which such patent or privilege was granted or was in force, shall be of any validity. X. Letters issuable to assignee. Letters patent may be issued by the Governor in Council to the assignee of any person who may have taken out letters patent for his invention or discovery in any other country, but not for any invention or discovery made abroad for which no letters patent have been there obtained : Provided, that the invention or discovery so assigned shall not have been introduced into public and common use in this colony prior to the application for a patent ; and that the assignee of such foreign patent shall file, with his application, the assignment duly proved under which he claims a patent in this colony, and an affidavit, setting forth the date of the patent abroad, that the article thereby NEWFOUNDLAND. 397 patented has not been in public and common use in this colony, and that he is the assignee for a good consideration. XI. Forfeiture for failure to operate. Any letters patent which may be taken out under or by virtue of this chapter, and which shall not have been brought into operation within two years next ensuing from and after the date thereof, such letters patent shall, at the expiration of the said period of two years, be void. XII. Notices. No letters patent shall be granted under or by virtue of this chapter until notice shall have been published in the Royal Gazette and one other of the newspapers of this colony, for at least four weeks, of the intention of the applicant to apply for such letters patent ; and such notice shall contain, in general terms, the description of invention for which such letters patent shall be desired. XIII. Remedy ichere patentee takes larger interest than enti- tled to. If by mistake, accident, or inadvertence, and without any willful default, or intent to defraud or mislead the public, a patentee shall in his specification have claimed to be the original and first inventor or discoverer of any material or substantial part of the thing patented, but of which he was not the original or first inventor, and shall have no just or legal right to claim the same, his patent in such case shall be valid for so much of the invention or discovery as shall be actually his own, provided it is a material and substantial part of the thing patented, and be plainly distin- guishable from other parts patented without right ; and every such patentee and his legal representatives, whether holding the whole or a particular interest in the patent, may maintain suits at law or in equity, for any infringement of such part of the same as is act- ually the invention or discovery of the patentee, although his specification may embrace more than he has a legal right to claim ; but if in such case the plaintiff shall obtain a verdict or judgment, he shall not be entitled to costs, unless before the commencement of the suit he shall have filed in the office of the colonial secretary a disclaimer, attested by a witness, of that part of the thing patented which was claimed without right ; and no person bringing a suit shall be entitled to the benefits of this section, if he shall have unreasonably neglected or delayed to record bis disclaimer. XIV. Disclaimer of surplus when specification too broad. If through inadvertence, accident, or mistake, a patentee shall have made his specification too broad by claiming more than that of which he was the original or first inventor (some material and sub- 398 FOREIGN LAWS. stantial part of the thing patented being justly and truly his own), the disclaimer shall be in writing, and shall state the extent of interest in the patent held by the party making the same ; it shall be attested 'by a witness, and be recorded in the office of the colo- nial secretary ; thereafter, such disclaimer shall be considered as part of the original specification, to the extent of the interest possessed by the party making the same, or by those claiming under him ; but no such disclaimer shall affect any action or suit pending at the time of its being recorded, except so far as may relate to the question of unreasonable neglect or delay in recording the same. XV. Reissue for want in the description, &c. If any patent shall become inoperative or invalid by reason of a defective or insufficient description or specification, or by reason of the patentee claim- ing in his specification, as his own invention, more than he bad a right to claim, and the error has arisen from inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, the Governor in Council, upon the surrender of such patent, and upon petition therefor, may cause a new patent to be issued to the p ( at- entee, for the residue of the term mentioned in the first patent in accordance with the patentee's amended description and specifica- tion : in case of his death, or the assignment by him of the original patent or any fractional interest therein, the right shall vest in his legal representatives to the extent of their respective interests in such patent ; and the patent so re-issued, together with the amended description and specification, shall have the same effect and operation in law as though the same had been originally filed in such amended form before the issuing of the original patent. XVI. Right of patentee to patent improvements. If an original patentee shall be desirous of adding a description and specification of an improvement upon his original invention or discovery, made or discovered by him subsequent to the date of his patent, he may, upon the like proceedings being had in all respects as in the case of an original application, have the same annexed to his original description and specification ; and the colonial secretary shall cer- tify upon such annexed description and specification the time of its being annexed and recorded, and thereafter it shall have the same effect in law as if it had been embraced in the original description and specification, and had been recorded therewith. XVII. No patent granted elsewhere, valid in Newfoundland until, &c. No patent for any invention or discovery, granted in England or elsewhere out of the colony, and extending to the col- NEWFOUNDLAND. 399 onies, shall be of force and effect in this colony, until copies of the original specification and drawings filed, or duplicates of the models lodged, in England or elsewhere out of the colony, upon which such patent was there obtained, shall be filed or lodged in the office of the colonial secretary, who shall grant a certificate of the lodging or filing of the same. XVIII. Affirmations and oaths. All oaths required by this chapter, unless otherwise directed, may be taken in this colony before a judge of the Supreme Court, or a commissioner for taking affidavits in the same ; or in Great Britain or Ireland, before the / ' /. mayor of a city or borough, and shall be certified under the corpor- ate seal ; or, in a foreign country, before a British consul or vice- consul, and shall be certified under his seal of office. XIX. Patentee to pay fees of office and twenty -five dollars. Any person who may take out letters patent under this chapter shall pay for the same such fees as are charged on documents issued under the Great Seal of this Island, and shall, in addition, deposit with the colonial secretary the sum of twenty-five dollars, to be by him paid to the receiver-general for the use of the colony. From Carpm. Pat. L. of World, 405. 400 FOREIGN LAWS. NEW SOUTH WALES. An Act to authorize the Governor General, with the advice of the Executive Council, to grant letters of registration for all Inventions and Improvements in the Arts or Manu- factures, to have the same effect as Letters Patent in Eng- land, so far as regards this Colony. No. XXIV., Decem- ber 6, 1852. Preamble. Whereas it is expedient that the exclusive benefit of inventions and improvements in the arts or manufactures should be secured for limited periods to the author or authors, or designer or designers thereof, or to his or their agents or assignees : And whereas it is doubtful whether the laws of the United Kingdom respecting patents extend to or have effect in the Colony of New South Wales : Be it therefore enacted by His Excellency the Gov- ernor of New South Wales, with the advice and consent of the Legislative Council thereof, as follows : I. Governor may grant letters of registration for improve- ments in arts or manufactures. From and after the passing of this Act it shall and may.be lawful for His Excellency the Gover- nor of the said colony, with the advice of his Executive Council, to grant letters of registration under his sign manual and the seal of the colony for the exclusive enjoyment and- advantage, for a period of not less than seven nor more than fourteen years, for all inventions or improvements in the arts or manufactures, to the author or authors, or designer or designers thereof, or to his or their agents or assignees, as soon as such proceedings shall have been taken by such author or authors, or designer or designers respectively as are in that behalf hereinafter mentioned. II. Deposit to be paid to colonial treasurer. Every person who upon claiming to be the author or designer, by his agent or assignee, of any invention in or improvement to the arts or manufactures shall be desirous of obtaining such a letter of registration as is here- inbefore mentioned shall deposit with the colonial treasurer the sum of twenty pounds sterling, and shall, after such deposit, present a petition to His Excellency the Governor, setting forth that he is the author or designer, or the agent or assignee of such author or designer, as the case may be, of a certain invention in or improvement to the arts or manufactures, and specifying the par- ticulars of such invention or improvement, and that he Las NEW SOUTH WALES. 401 deposited with the colouial treasurer the sum of twenty pounds for defraying the expense of granting the letters of registration required by this Act, it shall be lawful for the said Governor for the time being to refer the said petition to one or more competent person or persons, to be appointed by the said Governor, to examine and consider the matters stated in such petition, and to report thereon for the information of his Excellency ; and if the report of the person or persons to whom the said petition shall have been referred by the Governor shall be favorable to its prayer, it shall be lawful for his Excellency with the advice of his Executive Council, to grant the letters of registration hereinbefore mentioned, and such letters of registration shall, within three days after the grant- ing thereof, be registered in the proper office in the Supreme Court, otherwise such letter of registration shall be void and of no effect. III. Grantee of any such letter may assign the same. Every grantee of such letter of registration shall be at liberty to assign the same, and all the benefits and advantages derivable therefrom, to any person or persons, by an instrument in writing under his hand and seal, to be registered in the Supreme Court in the same manner and within the same period after the execution thereof as the original letters of registration are hereinbefore directed to be registered. IV. Limit as to grantees liability. No grantee of any such letter of registration shall be liable in respect thereof for any higher charge than the said sum of twenty pounds, except for such costs and charges as he shall voluntarily incur, after the deposit of the said sum of twenty pounds with the colonial treasurer, as herein- before mentioned. V. Any such letter may be repealed for certain causes. Any letter of registration granted by virtue of this Act shall be liable to be repealed by writ of scire facias for the same causes and in the same manner as other grants of the Crown are liable to be repealed. VI. Commencement of Act. That this Act shall come into operation so soon as and not until the same shall have received the royal approbation, and the notification of such approbation shall have been made by order of His Excellency the Governor General in the New South Wales Government Gazette, and that such noti- fication shall be sufficient evidence of such approbation. From Carpm. Pat. L. of World, 413. See also, AUSTRALASIA. I. 26 6 402 FOREIGN LAWS. NEW ZEALAND. Act to consolidate the Law relating to Letters Patent for Inventions. September 8, 1883. 1. Short title. The short title of this Act is " The Patents Act, 1883." It shall come into operation on the first day of January, one thousand eight hundred and eighty-four. 2. Division of Act. This Act is divided into Parts as fol- lows : Part I. Mode of obtaining Letters Patent. Part II. Disclaimers and Alterations. Part III. Extension of Term and Confirmation of Invalid Pat- ents. Part IV. Miscellaneous Provisions. 3. Interpretation. In this Act " Invention " means and includes any manner of new manufac- ture the subject of letters patent and grants of privilege within the meaning of the fourth section hereof. " Patent-Office " means the patent-oifice appointed under this Act, but does not include any local patent-office ; "Patent- Officer" means the person appointed to be patent- officer under this Act ; " Regulations " means regulations made under this Act. PART I. MODE OF OBTAINING LETTERS PATENT. 1. FOR WHAT, PATENT MAY ISSUE. 4. Power to grant patents. Monopolies forbidden. It shall be lawful to make and issue, in the manner hereinafter mentioned, letters patent and grants of privilege, for any term not exceeding fourteen years from the date thereof, of the sole working or making of any manner of new manufactures within New Zealand, to the true and first inventor of su*ch manufactures, which others, at the time of making such letters patent and grants, shall not use, so as NEW ZEALAND. 403 also they be not contrary to the law nor mischievous to the State, by raising prices of commodities or hurt of trade, or generally inconvenient. And all other monopolies, commissions, grants, licenses, charters, and letters patent hereafter to be made or granted to any person of or for the sole buying, selling, making, working, or using of any- thing within New Zealand or of any other monopolies or of power, liberty or faculty to dispense with any others, and all matters and things whatsoever in anywise tending to the instituting, erecting or countenancing of the same or any of them, shall be utterly void and of none effect, and in no wise to be put in execution. 2. REGULATIONS. 5. Governor in Council to make regulations. The Governor in Council from time to time may make such regulations not incon- sistent with the provisions hereof, as may appear to be necessary and expedient for the purposes of this Act, and all such regulations shall be gazetted. All regulations in force under any Act hereby repealed shall remain in force as if made under this Act until other regulations are made as hereinbefore provided. 6. Patent-officer ; patent-office. The Governor may from time to time appoint such person as he thinks fit to.be patent-officer, and in like manner may appoint a place to be the " patent-office." The person who, at the commencement of this Act, holds the office of patent-officer under the Acts hereby repealed, shall be the patent-officer under this Act, without any further appointment. The place at the commencement of this Act used as the patent- office shall be deemed to have been appointed under this Act. 7. Deputy patent-officer. The Governor at any time may appoint a fit and proper person to be deputy patent-officer, to act in case of the death, illness, or unavoidable absence of the patent- officer, and such deputy shall, during the time he shall so act, have all the powers and privileges, and shall perform all the duties, and be subject to the responsibilities of the patent-officer. Whenever the patent-officer shall die, the deputy patent-officer shall act as such from the day of such death, and, in the case of illness or absence, shall act as such from such day as the patent officer shall certify under his hand to the deputy patent-officer that he is ill and unable to peform his duties, or that he is about to be absent ; and such deputy patent-officer shall cease to act as such on 404 FOREIGN LAWS. the day on which he shall receive from the patent-officer a certifi- cate under his hand to the effect that he has resumed his duties. 3. PROCEDURE TO OBTAIN PATENT. 8. Appointment of local offices and officers ; saving of existing appointments. The Governor may, for all such purposes as he may deem necessary for the public convenience, appoint local patent- offices, and patent-office agents in the various centers of population throughout the colony, and from time to time alter or revoke the appointment of such offices and agents respectively. The local patent-offices and the patent-office agents appointed under " The Patents Act Amendment Act, 1882," shall be deemed to have been appointed under this Act without further appoint- ment. Such agents shall not demand or receive from the applicant, or any one on his behalf, any fees or charges whatever other than such as are payable under this Act. 9. Mode of application' first schedule; receipt. Every appli- cation under this Act for the grant of letters patent for an inven- tion shall be made as follows, that is to say : (1.) The applicant shall deposit at the patent-office, or at any local patent-office, a specification, written in a plain legible hand or printed in fair legible type upon parchment or paper, and under his hand and seal, in the form or to the effect in the first schedule hereto, particularly describing and ascertaining the nature and details of the said invention with precision, and in what manner the same is to be performed, and containing a distinct claim for the especial novelty thereof, and accompanied by drawings, if necessary, for the full description and understanding of the said invention, and also a copy of such specification and drawings. (2.) The title of the invention must state distinctly and specifi- cally the nature and object of the invention, and every specification must be limited to one invention. (3.) If such deposit be made at any local office the patent-office agent shall give the applicant or his agent a receipt therefor in the form contained in the second schedule hereto, or to the like effect, and shall forthwith transmit the documents and a copy of his receipt to the patent- officer. 10. Protection of invention; third schedule. (1.) The exact time ,f the deposit of every specification which, upon examination by the patent-officer, is found to be in accordance with this Act and the NEW ZEALAND. 405 regulations shall be recorded at the patent-office, and indorsed upon such specification, and a certificate thereof, under the hand of the patent-officer and in the form contained in the third schedule hereto, shall be given or transmitted to such applicant or his agent. (2.) And thereupon, subject and without prejudice to the pro- visions hereinafter contained, the said invention shall be protected under this Act for. the term of twelve months next after the said deposit, and the applicant shall have during such term the like powers, rights and privileges as might have been conferred upon him by letters patent for such invention issued under this Act and duly sealed as of the day of such deposit. (3.) During the continuance of such powers, rights and privi- leges under this provision, such invention may be used and pub- lished without prejudice to any letters patent to be granted for the same. 11. Patent not affected by specification of pretended inventor. In case of the deposit of any such specification as aforesaid in fraud of the true and first inventor, any letters patent granted to the true and first inventor of such invention shall not be invalidated by rea- son of such deposit, or of any use or publication of the invention subsequent to such deposit and before the expiration of the said term of protection. 12. Hearing of application; fourth schedule; objections. The patent-officer shall make an appointment for the hearing of every application, in the form contained in the fourth schedule to this Act or to the like effect ; and shall publish a notification of the said appointment once in the Gazette, not less than sixty clear days prior to the day appointed. Any person having an interest in opposing the grant of letters patent shall be at liberty, not less than fourteen clear days before the day so appointed, to leave particulars in writing of his objec- tions to the said application at the patent-office. 13. Patent officer to hear applications and objections. At the place and time named in the said appointment the patent-officer shall hear and consider the said application, and all objections to the same, if any, mentioned in the said particulars, and may call to his aid such scientific or other person as he may think fit. The applicant, the objectors, and their respective witnesses and evidence shall be respectively heard, examined and considered sep- arately and apart from and in the absence of the other, his wit- nesses and evidence. 406 FOREIGN LAWS. The patent-officer shall have full power to examine applicant, objectors, and witnesses upon oath, and to administer an oath to any or all of them. 14:. Hearing may be adjourned. The patent-officer may adjourn from time to time the hearing of any application for letters patent. 15. Award of expenses and costs ; fifth schedule. The patent- officer may require that the applicant and the objector shall deposit such sums as the patent-officer may think fit to meet any costs of or incident to the hearing, and may, by writing under his hand, order to be paid to any person he may call to his aid as aforesaid, some remuneration for his attendance, and may also, in like man- ner, order that the costs of any hearing upon any objections, or otherwise in relation to the grant of such letters patent, or the pro- tection acquired by the applicant under this Act, shall be paid ; and, in and by such writing, shall fix the amount of such remunera- tion or costs, and by or to whom the same respectively shall be paid. Every such order shall be in the form contained in the fifth schedule, or to the like effect, and may be made a rule of the Supreme Court. 16. Patent-officer may issue warrant for letters patent ; sixth schedule, if there shall be no objection to the grant of letters pat- ent and he is satisfied that this Act and the regulations have been complied with, the patent-officer may, on the day appointed, or as soon thereafter, and, when there are objections, after such hearing and consideration, issue a warrant under his hand for the granting of letters patent for the said invention ; and, by such warrant, shall direct the insertion in such letters patent of all such restrictions, conditions, and provisos, as he may deem usual and expedient in such grants, or necessary in pursuance of this Act. Such warrant shall be the authority for the making and sealing of letters patent under this Act, according to the tenor of the said warrant. Every such warrant shall be in the form set forth in the sixth schedule or to the like effect. 17. Amendments. In case the title of the invention or the specification be too large or insufficient, or clerical errors exist therein, the patent-officer, on the hearing of the application for the grant of the letters patent, may allow or require such specifi- cation to be amended, or another and sufficient specification to be deposited in lieu thereof, and every such amended, or r.ew NEW ZEALAND. 407 specification shall have the same force, effect, and operation as if it had been originally deposited in its amended or new state. When an applicant desires to amend his specification or draw- ings, or to substitute an amended specification, he must deposit par- ticulars of such amendment or such amended specification at the patent-office at least fifteen days before the day of hearing. 18. Letters patent to be issued on application and during the protection. (1.) The patent-officer, after the issue by him of the said warrant, and on application in writing by the applicant or his agent, with payment of the fee thereon, shall cause to be pre- pared letters patent for the invention according to the tenor of the said warrant, and the Governor may cause such letters patent to be sealed with the public seal of the colony. (2.) Such letters patent shall be made applicable to the colony and its dependencies, and shall be valid and effectual as to the whole of the same respectively ; but, except as hereinafter men- tioned, no letters patent shall issue on any warrant granted as aforesaid, unless application be made to seal such letters patent during the continuance of the protection conferred under this Act, by reason of such deposit as aforesaid. 19. Letters patent may issue after that time in certain cases. (1.) When the application to seal such letters patent has been made during the continuance of such protection as aforesaid, and the sealing of such letters patent has been delayed from accident, and not from the willful default of the applicant, then such letters pat- ent may be sealed at such time after the expiration of such protec- tion as the Governor may direct. (2.) Where the applicant for such letters patent dies during the continuance of such protection as aforesaid, such letters patent may be granted to the executors or administrators of such applicant dur- ing the continuance of such protection or at any time within three months after the death of such applicant, notwithstanding the expiration of the term of such protection ; and the letters patent so granted shall be of the like force and effect as if they had been granted to such applicant during the term of such protection. 20. Duplicate letters patent may be issued. In case any letters patent shall be lost or destroyed, duplicate letters patent of the like tenor and effect, and sealed and dated as of the same day as such lost or destroyed letters patent, may be issued upon evidence of such loss or destruction being produced to the satisfaction of the patent-officer. 408 FOREIGN LAWS. 21. Jitters patent to bear date of deposit of specification, and to be conclusive as to preliminary steps. Notwithstanding any enact- ment to the contrary, all letters patent to be issued in pursuance of this Act shall be sealed and bear date as of the day of the deposit of such specification as aforesaid, and shall be of the same force and validity as if they had been sealed on the day as of which they are expressed to be sealed and bear date. After any letters patent shall have been issued in pursuance of this Act, it shall not be necessary or material to inquire whether such appointment as aforesaid has or has not been delivered and published in the manner hereinbefore mentioned and directed. 4. FORM AND CONDITIONS OP PATENT. 22. Conditions for granting letters patent ; seventh schedule. All letters patent for inventions granted under this Act shall be in the form contained in the seventh schedule, or to the like effect, and shall be made subject to the provisions of this Act, and to the conditions and restrictions that may be inserted in such patent by virtue thereof, or that are imposed by this Act, that is to say : (1.) That the powers and privileges thereby granted shall cease and determine at the expiration of five years from the date thereof, unless there be paid within such five years the sum or sums of money required to be paid under this Act, and the patent-officer shall indorse a receipt for the same on the letters patent. (2.) No letters patent shall extend to entitle the patentee to use or imitate any invention or work which, before the date of such patent, had been found out or invented by any other person, and publicly used or exercised, or to whom like letters patent or privi- leges have been already granted for the sole use, exercise and bene- fit thereof within the colony. (3.) The patentee, and all and every other person and persons to whom letters patent or privileges have been granted shall distinctly use and practice their several inventions by them invented and found out according to the true intent and meaning of the same respective letters patent. (4.) Nothing contained in any letters patent shall prevent the patentee from granting licenses in such manner and for such con- siderations as they may by law be granted. 23. Matters rendering letters patent void. All letters patent and all privileges and advantages whatsoever thereby granted shall utterly cease and become void NEW ZEALAND. 409 (1.) If the specification does not particularly describe and ascer- tain the nature of the invention, and in what manner the same is to be performed. (2.) If at any time during the term for which such letters pat- ent are granted it appeal's that the grant is contrary to law or pre- judicial or inconvenient to the public good, or that the invention therein mentioned is not a new invention, or that the patentee is not the true and first inventor thereof within this colony. (3.) If the patentee shall not supply or cause to be supplied for the government of the colony all such articles of the said invention as he is required to supply by the persons administering the depart- ment of the public service for the use of which the same are required, in such manner, at such times, and at and upon such reasonable prices and terms as shall be settled for that purpose by the said persons requiring the same. 24. Invention to be brought into actual and public use. Every invention protected by letters patent issued under this Act shall be brought into actual and public use within the colony withki the space of two years from the date of such letters patent, or in default thereof such letters patent shall at the expiration of such period of two years cease and be of no effect. 5. REPEAL OF PATENT. 25. Letters patent may be repealed, &c., or specification may be canceled. (1.) An action shall lie for the repeal of any letters pat- ent granted under this Act, and may be commenced in any district of the Supreme Court, in such form as may be authorized by its rules in substitution for the process by writ of scire facias ; and in case the grantee does not reside in New Zealand, it shall be suffi- cient to file the writ in the Supreme Court, and to serve notice of such action in writing at the, last known place of residence or busi- ness of such grantee. (2.) The Governor in Council, upon the issue of the writ in such action, may order such patent-officer to withhold such warrant as aforesaid, or that any letters patent, for the granting whereof he may have issued a warrant as aforesaid, shall not issue ; or may order the insertion, in any such letters patent, of any restrictions, conditions or provisos in addition to or in substitution for any restrictions, conditions or provisos which would otherwise be inserted therein under this Act. (3.) The Governor in Council may also order any specification 410 FOREIGN LAWS. f - in respect of the invention described, in which no letters patent may have been granted, to be canceled, and thereupon the protection obtained by the deposit of such specification shall cease. 26. Patent not to prevent use of invention in foreign ships. No letters patent granted for any invention shall extend to prevent the use of any such invention in any foreign ship or vessel, or for the navigation of any foreign ship or vessel which may be in any port of New Zealand, or in any of the waters within the jurisdiction of any of Her Majesty's courts in New Zealand, where such invention is not so used for the manufacture of any goods or commodities to be vended within or exported from the same. But this enactment shall not extend to the ships of vessels of any foreign state the laws of which authorize subjects of such foreign state, having patents or like privileges for the exclusive use or exer- cise of inventions within its territories, to prevent or interfere with the use of such inventions in British ships or vessels or in or about the navigation of British ships or vessels while in the ports of 8\ich foreign state, or in the waters within the jurisdiction of its courts, where such inventions are not so used for the manufacture of goods or commodities to be vended within or exported from such foreign state. 6. LETTERS OF REGISTRATION. 27. Registration for foreign patents ; tenth schedule. The Gov- ernor in his discretion, on the application of any person being the holder or assignee of any letters patent or like protection issued in Great Britain or any other country or colony for an invention or dis- covery, and upon such proof as the Governor may by regulations require that such person is the bond fide holder or assignee thereof, and that the same are or is in full force, and upon payment of the sum of ten pounds, may grant letters of registration to such applicant. (2.) Such letters of registration shall be in the form contained in the tenth schedule or to the like effect, and shall have the same force and effect as letters patent granted under this Act, and shall inure to the benefit of the grantee thereof, his executors, adminis- trators, and assigns, during the continuance of the original letters patent or other protection in the country or colony where the same was or were granted, and no longer ; and all the provisions of this Act shall apply to such letters of registration in the same way, mutatis mutandis, and as fully as to letters patent granted under this Act. NEW ZEALAND. 411 (3.) A copy of all such letters of registration shall be filed in the patent-office. PART II. DISCLAIMERS AND ALTERATIONS. 28. Notice to disclaim; alter; procedure; eighth schedule; oppo- sition. (1.) Any person who shall obtain letters patent under this Act, his executors or administrators, or, in case he or they shall part with the whole or any part of his or their interest by assignment, he or they together with the assignee if part only has been assigned, or the assignee alone if the whole has been assigned, may apply to the patent-officer for leave to enter a disclaimer of any part of either the title to the invention, or the specification, or a memorandum of any alterations in the said title or specification, not being such dis- claimer as shall extend the exclusive right granted by the said let- ters patent. (2.) Thereupon the patent officer shall deliver to the person or persons applying, or to their agent, or to one of them, or the agent of one of them, an appointment in the form contained in the eighth schedule or to the like effect, and the person or persons so applying shall 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 forthwith in the Gazette. (3.) Any person having an interest in opposing the said appli- cation, shall be at liberty to leave particulars, in writing, of his objections to the same at the patent-office within such time not less than fourteen clear days prior to the day so appointed. (4.) Where such application shall be for leave to enter a dis- claimer of any part of the title of the said invention, or a memoran- dum of any alteration in such title, the patent-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. 29. Application for disclaimer to be heard. At the time and place named in such appointment the patent-officer shall hear and con- sider the said application, and all objections to the same mentioned in the said particulars, if any, and all such powers and authority shall and may be exercised rpon that occasion by the patent-officer 412' FOREIGN LAWS. as, by virtue of the provisions herein 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. 30. How disclaimer entered and alterations / effect. (1.) After such hearing and consideration, or without such hearing or considera- tion, where the said appointment and publication shall have been dis- pensed with as aforesaid, the person or persons applying, or one of them, may by leave of the patent-officer, to be certified by a fiat under his hand, to be written at the foot of the same paper or parchment with the said disclaimer or memorandum, enter such disclaimer (stating the reason for the same), or such memorandum of alteration, and at the time of entering such disclaimer or memo- randum of alteration, shall deposit a copy thereof in the office next hereinafter mentioned. (2.) Such disclaimer or memorandum of alteration, being filed in the patent-office, shall be deemed and taken to be part, of such letters patent or such specification, and subject to the several inci- dents thereof, in all courts whatever, and shall be valid and effec- tual in favor of any person in whom the rights under the said letters patent may then be, or thereafter become, legally vested. 31. Actions not brought, when ; proceedings conclusive. (1.) No action shall be brought upon any letters patent in respect of which, or the specification of which, any disclaimer or memorandum of alteration shall have been filed, in respect of any infringement com- mitted prior to the filing of such disclaimer or memorandum of alteration (unless the patent-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 dis- claimer or alteration shall be receivable as evidence in any action or suit (save any proceedings for the repeal of letters patent) pend- ing at the time when such disclaimer or alteration was filed as aforesaid ; but in every such 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. (2.) When any such fiat shall have been granted under this Act, it shall not be necessary or material to inquire or ascertain whether such appointment as last aforesaid has or has not been delivered and published or dispensed with in accordance with this Act, and such filing of any disclaimer or memorandum of alteration, in pur- NEW ZEALAND. 413 suance of the leave of the patent-officer, certified as aforesaid, shall (except in cases of fraud) be conclusive as to the right of the party to enter such disclaimer or memorandum of alteration under this Act. PART III. EXTENSION OF TERM. 32. Mode of obtaining extension ; petition. (1.) Any person who has obtained letters patent under this Act or any other Act relating to letters patent heretofore in force in New Zealand, or the executors or administrators of such person, or (in case such person shall have parted with the whole or any part of his interest in such patent by assignment) he or they together with the assignee when part only has been assigned, or the assignee alone when the whole has been assigned, may, six months before the expiration or other determination of such letters patent, present to the Governor a petition for the extension of the term in such letters patent mentioned. (2.) Such petition shall set forth that the petitioner has been unable to obtain a due remuneration for his expense and labor bestowed in perfecting such invention, and that an exclusive right of using and vending the same for some further period, to be named in such petition, in addition to the said term, is necessary for his reimbursement and remuneration, and the Governor may refer the consideration of the said petition to one or more commissioners to be appointed for that purpose in the manner hereinafter men- tioned. 33. Appointment of commissioners. For the purpose of consid- ering any such petition, the Governor, if he shall think fit, may issue and direct, in the name of Her Majesty, to one or more per- sons a commission reciting such petition, and requiring and author- izing such person, or some stated number of such persons, to meet at some time, not being less than two months from the publication of such commission in the Gazette, and at some place to be respec- tively fixed in the said commission, and then and there to consider the said petition, and to report to the Governor (in case such peti- tioner shall have prayed for an extension of the term in the letters patent mentioned) whether any, and if any, what further extension of the said term should be granted, according to the prayer of the said petition. 34. Notice of commission ; ninth schedule ; caveat. (1.) Two 414 FOREIGN LAWS. months at least before the time fixed in the said commission for the consideration of any such petition as aforesaid, the petitioner shall cause to be published, in the game manner as is hereinbefore required with respect to the first mentioned appointment, an adver- tisement of the contents of the said commission in the form con- tained in the ninth schedule, or to the like effect. (2.) Any person having an interest in opposing the said peti- tion shall be at liberty to enter a caveat against the same at the patent-office, at any time not less than one week before the time named in the said commission for the consideration thereof. 35. Commissioners to hear all parties, and report. (1.) At the time and place fixed in the said commission the commissioners, or some of them not less than the said stated number, shall proceed to consider such petition, and the petitioner shall be heard by his counsel and witnesses, to prove his case as stated in such petition, and the publication of the said last mentioned advertisement as required by this Act, and the persons entering caveats shall likewise be heard by their counsel and witnesses, and all such witnesses shall be examined upon oath, which oaths such commissioners are hereby authorized to administer. (2.) Thereupon, and on hearing and inquiry of the whole mat- ter (in case such petitioner shall have prayed for an extension as aforesaid), the said commissioners may report whether any, and, if any, what, further extension of the said term shall be granted, and the Governor is hereby authorized and empowered, if he shall think fit, to grant to the petitioner new letters patent for the said inven- tion, not exceeding three years after the expiration of the first term, anything herein contained to the contrary notwithstanding. Such new letters patent shall be sealed and bear date as of the day after the expiration of the term of the first letters patent. PART IV. MISCELLANEOUS PROVISIONS. 1. RECOEDS OF OFFICE. 36. Specification, <&c., of invention to be open to inspection. Every specification deposited at the patent-office, and the drawings and models accompanying the same, if any, and all other docu- ments so deposited, shall be kept in the patent office, and shall be open to the inspection of the public at all reasonable times, as well NEW ZEALAND. 415 before as after the grant of letters patent, and whether such letters patent be granted or not, but subject to regulations. 37. Indices to specifications, disclaimers, &c. Indices to all spec- ifications, disclaimers and memoranda of alterations, heretofore or to be hereafter enrolled or deposited as aforesaid, shall be prepared and shall be open to the inspection of the public at the patent-office, subject to regulations. 38. Register of patents to be kept. There shall be kept at the patent-office a book, to be called The Register of Patents, wherein shall be entered and recorded in chronological order All letters patent and letters of registration granted under this Act or the Patents Act, 1870. The deposit and filing of specifications, disclaimers and memo- randa of alterations, filed in respect of such letters patent. All amendments in such letters patent and specifications. All confirmations and extensions of such letters patent. The expiry, determination, vacating, or canceling of such letters patent, with the dates thereof respectively ; and All other matters and things affecting the validity of such letters patent as the Governor may direct. Such register or a copy thereof shall be open at all convenient times to the inspection of the public, subject to such regulations as the Governor may make in that behalf. 39. Register of proprietors, and of assignments and licenses. There shall be kept at the patent-office a book entitled The Reg- ister of Proprietors, wherein shall be entered The assignment of any letters patent or letters of registration, or of any share or interest therein. Any license under letters patent or letters of registration, and the district to which such license relates, with the name of any per- son having any share or interest in such letters patent or letters of registration or license. The date of his acquiring such letters patent or letters of regis- tration, share or interest ; and Any other matter or thing relating to or affecting the proprie- torship in such letters patent or letters of registration, or license. 2. ASSIGNMENTS. 40. Conditions for registering assignment. Before any assign- ment or license shall be registered, the assignee or licensee shall furnish 416 FOREIGN LAWS. (1.) A statutory declaration by one of the attesting witnesses to the said assignment or license of the due execution of the said assignment or license : Provided that, if it be proved to the satisfaction of the said patent-officer that the attesting witness to any such assignment or license is dead or cannot be found, the execution of the said assign- ment or license may be proved by a statutory declaration of any other person capable of declaring to the same : (2.) A certified copy or copies of the assignment or license, and other intruments or documents of title. 41. Assignment or license to be made by separate deed. No assignment or license of two or more letters patent or letters of registration included in one deed or instrument shall be registered, and no certificate of assignment or license shall be granted, unless a fee for such registration or certificate be paid in respect of each such letters patent or letters of registration in respect of which such registration or certificate is desired. 42. Register of proprietors to be open to inspection; copies. (1.) A copy of any entry in such book, certified as hereinafter mentioned, shall be given to any person requiring the same, and shall be primd facie proof of the assignment of such letters pat- ent or letters of registration, or share or interest therein, or of the license or proprietorship as therein expressed. (2.) Until such entry shall have been made, the grantee of the letters patent or letters of registration shall be deemed to be the sole and exclusive proprietor thereof, and of all the licenses and privileges thereby given. (3.) Such register, or a copy, shall be open to public inspection subject to regulations. 3. SEAL. 43. Seal to be noticed judicially ; certified copies, evidence, (1.) The Governor may cause a seal to be made for the purposes hereinafter mentioned, and all courts, judges, and other persona whosoever shall take notice of such seal, and receive impressions thereof in evidence, in like manner as impressions of the seal of the Supreme Court are received in evidence. (2.) All copies or extracts, certified by the patent-officer and sealed with such seal, of letters patent, letters of registration, specifications, disclaimers, memoranda of alterations, and all other documents or books recorded, filed, and kept in pursuance of this NEW ZEALAND. 417 Act, shall bo received in evidence in all proceedings relating to letters patent for inventions and letters of registration in all courts and by all judges and other persons whomsoever. 4. OFFENSES. 44. Falsification or forgery of entries. If any person shall willfully make or cause to be made any false entry in any such register, or shall willfully make or forge, or cause to be made or forged, any writing falsely purporting to be a copy of any entry therein, or shall produce or tender, or cause or suffer to be produced or tendered, any such writing, knowing the same to be false, he shall be guilty of a misdemeanor, and shall be liable, on conviction, to be kept in penal servitude for any term not exceeding five years, or to be imprisoned and kept to hard labor for any term not exceed- ing two years. 45. Entries may be expunged. If any person shall deem himself aggrieved by any entry made under color of this Act in any such register, such person may apply by motion to the Supreme Court, or by summons to a judge of such court, for an order that such entry may be expunged, vacated, or varied ; and upon any such application such court or judge may make such order for expunging, vacating, or varying such entry, and as to the costs of such applica- tion, as to such court or judge may seem fit ; and the patent officer, on the production to him of any such order, shall expunge, vacate, or vary the said entry accoi'ding to such order. 46. Penalty for unauthorized use of the word "patent." (1.) If any person: Shall, write, paint, print, mould, cast, carve, engrave, stamp, or otherwise mark upon anything made, used, or sold by him, for the sole making or selling of which he has not or shall not have obtained letters patent, the name or any imitation of the name of any oth'er person who has or shall have obtained letters patent for the sole making and vending of such thing, without leave in writing of such patentee or his assigns ; or Shall upon any such thing, not having been purchased from the patentee or some person who purchased it from or under such patentee, or not having had the license or consent in writing of such patentee or his assigns, write, paint, print, mould, cast, carve, engrave, stamp, or otherwise mark the word " patent," the words " letters patent," or the words " by the Queen's patent," or any words of the like kind, meaning, or import, with a view of imita- L 2T 418 FOREIGN LAWS. ting or counterfeiting the stamp, mark, or other device of the pat- entee, he shall for every such offense forfeit and pay the sum of one hundred pounds, one half to Her Majesty, and the other half, with full costs of suit, to any person who shall sue for the said penalty. (2.) If any person shall upon any such thing for which no letters patent or like protection shall have been obtained, write, paint, print, mould, cast, carve, engrave, stamp, or otherwise mark the word " patent," the words " letters patent," or the words " by the Queen's letters patent," or any words of the like kind, meaning, or import, or by advertisement, or in any other way imply or give reasonable cause to believe that letters patent or like protection have been granted for such thing, he shall, for every such offense^ be liable to a penalty not exceeding fifty pounds, one half of which shall be paid to any person who shall sue for the said penalty. (3) But nothing herein contained shall be construed to extend to subject any person to any penalty in respect of stamping or in any way marking the word " patent " upon anything for the sole making or vending of which letters patent before obtained shall have expired or otherwise determined. 5. PROCEDURE IN ACTIONS FOR INFRINGEMENT. 47. Actions for infringement, particulars of breaches and objections. (1) In any action for the infringement of letters patent, the plaintiff shall deliver with his statement of claim particulars of the breaches complained of in the said action, and the defendant, on pleading thereto, shall deliver with his statement of defense, and the prosecutor in any proceedings by action to repeal letters patent shall deliver with his statement of claim, particulars of any objections on which he means to rely at the trial in support of the said action, or of the suggestions of the statement last mentioned respectively. At the trial of any such action no evidence shall be allowed to be given in support of any alleged infringement, or of any objection impeaching the validity of such letters patent, which shall not be contained in the particulars delivered as aforesaid. (2.) The place or places at or in which and in what manner the invention is alleged to have been used or published prior to the date of the letters patent shall be stated in such particulars, and any judge at chambers may allow such plaintiff or defendant or prosecutor respectively to am?nd the particulars delivered as afore- said upon such terms as to such judge shall seem fit. (3.) At the trial of any proceeding to repeal letters patent, the NEW ZEALAND. 419 Jefendant shall be entitled to begin and to give evidence in support of such letters patent ; and in case evidence shall be adduced on the part of the prosecutor impeaching the validity of such letters patent, the defendant shall be entitled to the reply. 48. Taxing costs ; effect of record and certificate, (t.) In taxing the costs in any action for infringing letters patent regard shall be had to the particulars delivered in such action, and the plaintiff and defendant respectively shall not be allowed any costs in respect of any particulars, unless certified by the judge, before whom the trial was had, to have been proved by such plaintiff or defendant respectively without regard to the general costs of the cause ; and the judge before whom any such action shall be tried may certify on the record that the validity of letters patent in the statement mentioned came in question. (2.) The record, with such certificate, being given in evidence in any action for infringing the said letters patent, or in any pro- ceeding in an action to repeal the letters patent, shall entitle the plaintiff in any such action, or the defendant in such proceeding, on obtaining a decree, order, or final judgment, to his full costs, charges, and expenses, to be taxed as between solicitor and client, unless the judge making such decree or order, or the judge trying such action or proceeding, shall certify that the plaintiff or defend- ant respectively ought not to have such full costs. 6. FEES. 49. Eleventh schedule ; Governor may reduce fees. There shall be paid, in respect of the several matters and things respectively mentioned in the eleventh schedule, such fees as are therein enumerated, and all such fees shall be paid into the public account and form part of the consolidated fund. The Governor may reduce any of such fees respectively from time to time by notification in the Gazette. V. REPEALS. 50. Repeal; twelfth schedule ; saving. (1.) The Acts enumerated in the twelfth schedule are hereby repealed. (2.) But such repeal shall not affect any proceedings or things lawfully taken or commenced, or any letters patent, or letters of registration granted, or any protection or right conferred under the said repealed Acts before the commencement of this Act ; and all 420 FOREIGN LAWS. such proceedings and tilings shall be as valid, and all such letters patent, letters of registration, protections, and rights shall have the same force and efficacy as if this Act had not passed. SCHEDULES. FIRST SCHEDULE. Specification for Patent. Whereas I, , of , in the [Engineer] am desirous of obtaining letters patent for securing unto me Her Majesty's special license that I and such others as I should at any time agree with, should, from time to time during the term of fourteen years (to be computed from the day on which this instrument shall be left at the patent-office) make, use, and vend within the Colony of New Zealand and its depen- dencies an invention for [insert the title of the specification], and in order to obtain the said letters patent, I must by an instrument in writing under my hand and seal particularly describe the nature of the said invention, and in what manner the same is to be performed, and make a distinct claim for the especial novelty thereof ; Now therefore, the nature and details of the said invention, and the manner in which the same is to be performed, are particularly described in the following statement [describe the invention and the especial novelty thereof, either in instrument or in attached schedule]. And I do hereby for myself, my heirs, executors, and administra- tors, covenant with Her Majesty, her heirs and successors, that I believe the said invention to be a new invention as to the public use and exercise thereof, that I do not know or believe that any other person than myself is the true and first inventor of the said invention, that I will not deposit these presents at the patent office with any such knowledge or belief as last aforesaid. In witness whereof, I have hereunto set my hand and seal thia day of 18 . Witness to signature. SECOND SCHEDULE. Receipt for Specification. Received from A. B., specification for an invention for [insert the title'] for trans- mission to the patent-office, Wellington, at the hour of [insert the time] on this day of 18 . Local Patent Office. O. A., Patent-Office Agent. THIRD SCHEDULE. Deposit of Specification. No. I hereby certify that , being the applicant for the grant to of letters patent for an invention the name whereof is , ha this day, under the provis- NEW ZEALAND. 421 ions in that behalf contained in the Patents Act, 1883, deposited at this office an instrument in writing under hand and seal, particularly describing and ascer- taining the nature of the said invention, and in what manner the same is to be performed ; and also a copy of such instrument, and of the drawings accompanying the same, and the day of the deposit of such specification has been recorded in this office, and indorsed on such specification. Dated this day of 18 Patent-Office, Wellington, P. 0., Patent-Officer. New Zealand. FOURTH SCHEDULE. Hearing Application. Patent-Office, Wellington, 18 . Patent for [insert title of specification] A. B., of , has deposited at this office a specification of the said invention, and I have appointed the day of next at o'clock in the forenoon, at this office, to hear the said applica- tion and all objections thereto ; and I require all persons having an interest in opposing the grant of such letters patent to leave on or before the day of next, at this office, particulars in writing of their objections to the said application ; otherwise they will be precluded from urging the same. P. 0., Patent-Officer. FIFTH SCHEDULE. Order for Expenses. Upon hearing the objection of A. B. to the grant to C. D. of letters patent for [insert the title as in the specification], I do by this writing under my hand, order that the said A. B. shall pay to the said C. D. the sum of for the costs of such hear- ing [or to E. F. the sum of as a remuneration for his attendance at such hearing]. Given under my hand this day of 18 . P. 0., Patent-Officer. SIXTH SCHEDULE. Warrant for grant of Letters Patent. I have [heard and] considered the application of A. B. for letters patent for [insert the title as in the specification] [and also all objections to the same], and, hav- ing perused the specification, am of opinion that, as it is entirely at the hazard of the said applicant whether the said invention is new and will have the desired success, Her Majesty's royal letters patent may be issued in the form contained in the seventh schedule to the Patents Act, 1883] with the following additional clauses, that is to say (here set them out, if any)]. Given under my hand this day of 18 . P. 0., Patent-Officer. 422 FOREIGN LAWS. SEVENTH SCHEDULE. form of Letters Patent. VICTORIA, by the prace of God, of the United Kingdom of Great Britain and Ire- land Queen, Defender of the Faith. To all to whom these presents shall come, greeting : Whereas A. B. of in the of [Engineer] (who, with his execu- tors, administrators, and assigns, is and are hereinafter included in the term " Patentee "), hath represented that he is desirous of obtaining letters patent for securing unto him our special license for an invention for [insert the title of the inven- tion], and by an instrument in writing under his hand and seal deposited in the office of the patent-officer under the provisions of the Patents Act, 1883, the patentee hath particularly described and ascertained the nature of the said invention, and in what manner the same is to be performed ; Now, therefore, know ye that we have given and granted, and by these presents for us, our heirs and successors, do give and grant unto the patentee our special license and authority that the patentee by himself or his servants or agents, or such others as he shall at any time agree with during the term herein expressed, shall and lawfully may make, use, and vend, his said invention within our said colony and its dependencies, in such manner as to him shall seem meet ; To have, hold, and enjoy the said license, privilege, and advantage, unto and by the patentee, for and during the term of fourteen years now next ensuing ; and that he shall and lawfully may have and enjoy the whole profit, benefit, and advantage from time to time coming, accruing, and arising by reason of the said invention dur- ing the said term : subject, however, in all things to the provisions of the Patents Act, 1883, and to the conditions and restrictions thereby imposed [and inserted herein, if any], In witness whereof we have caused these our letters to be made patent, and to be sealed and bear date as of the day of one thousand eight hundred and EIGHTH SCHEDULK. Disclaimer. Patent for [insert the title]. This is to notify to all whom it may concern that C. D. of, &c. has applied to me for leave to enter a disclaimer of part [or, memorandum of alteration, as the case may be] of the said invention, the particulars whereof are stated below. I do therefore appoint day the day of next at o'clock in the noon, to hear and consider the said application, and all objections to the same. And I do hereby require all persons having an interest in opposing the said application, to leave on or before the day of at my office in particulars in writing of their objections to the same ; otherwise they will be precluded from urging such objections. Given under my hand this day of 18 .. P. 0., Patent-Officer. The following is the disclaimer [or, as the case may be] which I desire to make in, &c. [The applicant must here set forth what he makes to enter, and sign it.] NEW ZEALAND. 423 NINTH SCHEDULE. Extension of Patent. Patent for [insert the title]. Notice is hereby given that I have presented a peti- tion to His Excellency the Governor, praying for the confirmation of [or, extension of the term in] the said patent, and that a Royal Commission has issued authorizing and requiring certain commissioners therein named to consider and report upon the subject to Her Majesty, which said commissioners will meet for that purpose on the day of next at o'clock in the noon at . All persons objecting to the said confirmation [or extension] must enter a caveat against the same at the office of the patent-officer in Wellington, otherwise they will be precluded from objecting to it. Dated this day of 18 . A.B. ' TENTH SCHEDULE. Form of Letters of Registration Know all men by these presents that : Whereas by an Act of the General Assembly of New Zealand, entitled " The Patents Act, 1883," it is enacted that the Governor in his discretion, on the applica- tion of any person being the holder or assignee of any letters patent or like protec- tion, and upon such proof as the Governor may by regulations require that such person is the bonaf.de holder or assignee thereof, and that the same are or is in full force, may grant letters of registration to such applicant ; and that such letters of registration shall have the same force and effect as letters patent granted under the said Act, and shall inure to the benefit of the grantee thereof, his executors, adminis- trators, and assigns, during the continuance of the original letters patent or other pro- tection in the country or colony where the same was, or were, granted, and no longer ; and all the provisions of the said Act shall apply to such letters of registration in the same way, mutatis mutandis, and as fully as to letters patent granted under this Act ; And whereas A. B. has represented to me the Governor of the colony of New Zealand, that letters sealed and dated as of the day of one thousand eight hundred and have been issued in the to for an invention or discovery for And whereas the said A. B. has applied to me, the Governor, as aforesaid, for the grant to him of letters of registration of the said invention or discovery in pursuance of the said recited power, and has proved to my satisfaction that he the said A. B., is the bona jide holder (or assignee) of the said letters and that the same are in full force in the said Now know ye that I, the Governor as aforesaid of the said colony of New Zealand, in pursuance of the said recited power and authority conferred upon me by the said " Patents Act, 1883," do hereby grant unto the said A. B., his executors, administrators, and assigns, letters of registration of the said letters with all the rights, powers, and privileges thereto belonging. Given under my hand at the at and issued under the seal of the said colony this day of in the year of our Lord one thousand eight hundred and . , Governor of New Zealand. 424 FOREIGN LAWS. ELEVENTH SCHEDULE. Fees. . d. On depositing specification 10 On depositing amended specification, or application for amendment to spec- ification 10 On obtaining letters patent, or any duplicate thereof 2 At or before the expiration of the fifth year 7 On lodging particulars of objections 2 On presenting petition for extension 2 Search and inspection. For each book or specification 1 Entry of assignment or license 10 Certificate of assignment or license 10 Filing of memorandum of alteration or disclaimer 2 10 Entering any caveat 2 10 Copy or extract of any writing per common law folio On obtaining letters of registration 10 TWELFTH SCHEDULE. Acts repealed. 1870. No. 89. The Patents Act, 1870. 1881. No. 22. The Patents Act Amendment Act, 1881. 1882. No. 18. The Patents Act Amendment Act, 1882. From Carpm. Pat. L. of World, 416. NICARAGUA. 425 NICARAGUA. Report by Mr. Corbett, of the British Legation, published 1873. Translation. The Spanish Cortes, whose resolutions obtained until the 15th of September, 1821, and as far as they are not in opposition to those of these countries, have been declared in force in this republic, assure and regulate the right of property of inventors, establishing also the term of its duration. Decree 43 declares, as to this right to consider as proprietor of his work him who should invent, import, or introduce. The government, by means of the proper minister, will issue to the said proprietor a certificate, in which will appear his name as inventor, improver, or introducer of the work, a description of it (the invention), and the duration of the exclusive right. This cer- tificate will serve as a sufficient title ; but in order to obtain it, it is necessary that the petitioner should address himself to the prefect of the department or to the municipality, giving an account of his work, describing it with the greatest exactness possible in confor- mity with the model, which the same law establishes. The said authorities in their turn, shall be obliged to give to the petitioner testimony of everything which may serve for the inform- ation of the minister of the department. The inventor shall have ten years of exclusive property, the improver seven, and the introducer five. These terms may be extended by the sovereign power, on the proposition of the gov- ernment, to fifteen, ten and seven years, respectively. The inventor, improver, and introducer, apart from the afore- said terms, will cease to be considered as sole proprietors, first, if they cede their right for the public good ; secondly, if they let six months pass without taking up the certificate ; thirdly, if they let two years pass without putting in execution their invention, per- fection, or improvement. This is, in substance, that which is decreed by the Spanish Cortes. 426 FOREIGN LAWS. In this republic nothing new has been arranged with respect to this matter. The state of continual agitation in which this country has been involved since its political emancipation, has not permitted the com- plete reform of its codes. But our Constitution has given to Congress the faculty of prom- ising rewards and privileges to the inventors and managers of useful works, as will be seen by its article XLII., division twenty-two ; and, in practice, the rules of the decree cited above are not followed. He who wishes for a reward or privilege seeks it from Congress, which concedes it, if it sees fit to do so. From 4 Pat. Off. Gaz. 373. NORWAY. 427 NORWAY. Law of June 16, 1885. We, OSCAE, by the Grace of God, King of Norway and Sweden, the Goths, and the Vends, make known that there has been laid before us the resolution of the now assembled honorable Storthing, on the 8th of June, this year, as follows: 1. Patents shall be granted for new inventions which are useful in industry, excepting, however, (a) inventions which, if brought out, would be contrary to the law, morality, or public order ; (b) inventions the subject-matter of which is a beverage, food, or med- icine. Nevertheless in relation to these, patents will be granted for processes or apparatus specially described for their manufacture. 2. An invention shall not be considered new if it have already been so known before the application for the patent was handed in that it could by other conversant persons be brought into practice. However, publication by printing or by an ordinary exhibition shall not prevent a grant of letters patent applied for within the next ensuing six months after such publication. 3. The right to obtain patent is available, subject to a conform- ity with section 4, to the first inventor only, or to a person having the legal power to act for him. In cases where it cannot be clearly ascertained who, among several applicants for a patent for a given invention, is the first inventor, the patent will be granted to the first one that handed in an application. 4. When a patent is granted for an invention here in the king- dom, the inventor shall, in the course of two years, counted from the time when the application for patent was handed in, have the exclusive privilege of obtaining a patent for improvements on or addition to the former patented invention. In consequence of this every application for such patent that might come in from third parties shall remain in abeyance under seal in the patent office and shall be decided upon after the first mentioned interval is expired, unless the older patentee has made use of his right of preference. 6. Patents shall be granted for a period of fifteen years, counted from the time of the handing in of the application. If anybody having obtained a patent for an invention shall wish to take out a patent for an addition to or improvements on the same, he shall 428 FOREIGN LAWS. have the option of taking out a special patent or only a supple- mentary patent which shall expire the same time as the original patent. 6. At the handing in of every application for a patent thirty kroner shall be paid as a fee for the consideration of the matter. For granting patents, with exception of supplement patents, a yearly payment shall also be demanded, which begins with ten kroner for the second year of the patent and increasing five kroner each year for every following year, that is, fifteen kroner the third year, twenty the fourth. This fee shall be paid before the beginning of the patent year for which it is due. However, it may be paid within the period of three months afterward, but in such a case with an increase of one-fifth part. 7. The patent confers the privilege that nobody can without the consent of the patentee, excepting for his own use, manufacture or import from abroad the patented article, neither keeping nor selling the same. If the patented matter be a process, an apparatus, a machine, a tool, or other implement, the patent also confers the privilege that nobody can without the consent of the patentee make use of the patented matter in his business. However, ship-fittings can be used without hindrance from the patent upon ships engaged in foreign navigation while staying in Norwegian ports or in Nor- wegian waters. 8. The patent shall have no effect against any one who already had made use of the invention within the kingdom before the handing in of the application or made the necessary arrangements for the same. If the patentee have in an earlier stage published the invention in the manner as described in the latter section of section 2, the power of the patent does then extend back to the publication, provided he at the same time and in conjunction there- with (in case of exhibition by notification on the object exhibited) has published that a patent will be applied for, and besides has be- forehand handed in a preliminary notice to the patent commissioners. 9. Without the consent of the patentee the patented, invention can be used by the public authority, if the King so decides. Like- wise can the patented invention that is of particular importance for one or another trade by similar provision be adopted for private use. In both cases compensation shall be due to the patentee, which amount and mode of computation, in default of amicable agreement, shall be settled by judgment of impartial men (arbitra- tion). Compensation is procured in the first case from the public NORWAY. 429 authority in the latter case from the person or persons who take the invention into use. If the compensation be settled as a lump sum once for all, the same shall be paid before the invention is taken into use. If it be settled as a royalty, the arbitration shall, at the request of the patentee, also settle by what installments this shall be paid, and also shall fix the amount of the security which ought to be given for the correct payment of the royalty. The royalty fixed by the arbitration can be levied by distraint. 10. The investigation and decision upon applications for patents shall rest in a patent commission that shall have its sitting in Chris- tiania, and which shall consist of a juridically educated chairman and at least five technical skilled members, who shall be appointed by the King for a period of five years. For the technical skilled members deputies shall also be appointed. No decision by which an application for a patent is to be decided shall take place unless at least four, or in case of d inference of opinion at least five, members of the commission shall be present, including always the chairman and such members as have previously dealt with the mat- ter. If the votes be equal, the decision shall rest with the chair- man. Every such decision shall be accompanied by reasons, and complete written copy handed to the applicant, the patentee, or his deputy. 11. None of the members of the patent commission shall have personally or through others a grant of a patent for any invention, or shall act as deputy for others (patent-agent) in patent matters. They shall resign if they are in such a manner connected with an applicant for a patent that they as judges should give up their seat. 12. Anybody who desires to obtain patent on an invention shall hand in to the patent commission (1) an application for the patent addressed to the commission ; (2) a specification of the invention, in duplicate ; (3) the drawings necessary for the understanding of the specification, also in duplicate, also, according to circumstances, models, samples, &c. ; (4) a list of all the documents, 443. NOVA SCOTIA. See CANADA. ORANGE FREE STATE. oee APPENDIX OF RECENT LAWS, near end of Vol. II. PARAGUAY PERSIA. 435 PARAGUAY. Under a law of May 20, 1845, citizens or foreigners are alike entitled to protection, and the terra of the grant varies from two to ten years. Where there is a previous foreign patent for the same invention, the patent is not valid for more than six months beyond the termination of the foreign patent. The invention patented must be worked within two years from the date of the grant. Encyc. Brit. ed. 9, art. Patents. PERSIA. According to a report of Mr. R. F. Thomson, of the British Legation, published October 28, 1873, in 4 Pat. Off. Gaz. 447, there was not, at the time of his writing, any law in Persia respect- ing patent rights for inventions, but every one there was free to invent or imitate. PERU. See APPENDIX OF RECENT LAWS, near end of Vol. IL PHILIPINE ISLANDS. See SPAIN. PORTO RICO. See SPAIN. 436 FOREIGN LAWS. PORTUGAL. Civil Code. CHAPTER III. PROPERTY IN INVENTIONS. SECTION I. GENERAL PROVISIONS. ARTICLE 613. Any one who invents any manufacture, product, or article of commerce, who perfects and improves any known pro- duct or manufacture of the same nature, or discovers any easier and less expensive means of obtaining it, shall enjoy the property in his invention or discovery for a period of fifteen years, on the terms hereinafter set forth in this chapter. 1. An inventor who has obtained a privilege in a foreign coun- try can only obtain a patent in the kingdom on the conditions of this code, and for the term which has still to run in the foreign country before the invention falls into the public domain. ART. 614. The property in the invention gives the exclusive right of producing or manufacturing the articles which constitute or embody the said invention. ART. 615. Inventions or discoveries relating to unlawful indus- tries or articles cannot be patented. ART. 616. The duration of the exclusive property in inventions commences from the date of the grant of the patent. ART. 617. The exclusive property is limited to the article speci- fied, and can never be interpreted as extending to others, under pretext of intimate relation or connection. ART. 618. The appropriation of inventions can only be decreed by law, in cases wherein it may be necessary for the public good. SECTION II. ADDITIONS TO INVENTIONS. ART. 619. The patentee or his representatives may, during the existence of the patent, add to the invention any improvements and modifications which they may conceive. PORTUGAL. 437 AET. 620. The person making additions enjoys, so far as con- cerns the additional improvements, the same rights as those con- ferred by the principal patent ; but only for the time that this may last. AKT. 621. The person making additions may, however, apply for a new patent for the improvements, providing he submits him- self to the provisions regulating principal patents. ART. 622. The grant of a patent for an improvement cannot be made during the first year of the patent granted for the principal invention, save to the person who obtained that patent. AET. 623. Third parties who solicit such a patent may, before the end of the year, deliver their petition, closed and sealed, to the proper department, and thereupon note shall be taken of such delivery. The deposit mentioned in this article serves to confer on the depositor priority over all others, not being the patentee, who may subsequently present themselves. The patentee has in every case the preference, provided he applies within the year. AET. 624. Third parties who apply for a patent of improve- ment are deemed, for the issue of their titles, to be principal inven- tors. AET. 625. The exclusive property in inventions is authenticated and secured by the laws and administrative regulations. SECTION III. TEANSMISSION or PEOPEETY IN INVENTIONS. AET. 626. Property in inventions is governed by the general laws which regulate movable property, except as is hereinafter pro- vided. AET. 627. The transfer of the patent, whether gratuitously, or for a consideration, can only be effected by notarial deed. AET. 628. Licensees under a principal patent shall enjoy addi- tions granted to the inventor or his representatives, and so recipro- cally if the case arises, unless there exists any agreement to the contrary. SECTION IV. TUB PUBLICATION OF INVENTIONS. AET. 629. The descriptions, designs, models and specifications required for the grant of a patent shall be shown gratuitously to all 438 FOREIGN LAWS. persons who may apply for them, and copies thereof shall be sup- plied on payment of the cost. It pertains to the government to make the necessary regulations respecting this matter. ART. 630. On the expiration of the second year of the patent the designs and descriptions shall be published in full or by extract. ART. 631. It is the duty of the government to announce officially those inventions which have become public property. SECTION V. THE NULLITY AND Loss OF PATENTS. ART. 632. Patents granted in the following cases are null: 1. If the inventions or discoveries were known to the public, practically or theoretically, through any technical description divulged in home or foreign documents, or by any other means : 2. If a patent had already previously been granted for the same object: [Art. 635.] 3. If the invention or discovery should be found prejudicial to public security or health, or contrary to the laws : 4. If the title given to the invention fraudulently comprises a different object: 5. If the description lodged of the invention does not indicate everything which is necessary for working the invention, or the real means of the inventor: 6. If the patent was obtained contrary to the formalities pre- scribed by law : 7. If a patent for a modification or improvement does not relate to something which facilitates the working, or increases the utility of the invention, but merely to a change of form or of proportions, or to mere ornament. ART. 4533. Any one who fails to carry out his invention within two years counted from the date of the signature of the patent, or who ceases to use it for two consecutive years, without proving a legitimate impediment, shall forfeit the said patent. SECTION VI. ACTIONS FOR NULLITY AND WITHDRAWAL OF THE PATENT. ART. 634. Either the public prosecutor, or persons having a direct interest in the withdrawal of the patent, may bring suitable PORTUGAL. 439 actions. If the action is brought by the public prosecutor, the interested party shall be allowed to intervene therein as assistant, but the public administration must always intervene in actions brought by interested parties. [Civil Code, Art. 329.] ART. 635. The right of action for nullity, in the case of No. 2 of article 632, lapses on the expiration of a year without opposition by the parties interested : in other cases it shall exist *as long as the exclusive privilege of invention lasts. SECTION VII. THE RESPONSIBILITY OF INFRINGERS. ART. 636. Whosoever, during the exclusive privilege of inven- tion, injures the patentee in the exercise of his rights by reproduc- ing, without his authorization, the object of the said invention, or by selling, concealing, or introducing with deliberate intent, any similar article manufactured abroad, is responsible for the repara- tion of the damage caused, besides being subject to the penalties of the Criminal Code. ART. 637. Patentees or their representatives may require, in case of suspected infringement, and on their first giving security, the seizure of the infringing articles, or of implements that can only serve for their manufacture. [Civil Code, Art. 363.] In this case, however, if the party seizing should not commence his action within fourteen days, the seizure becomes void at law, and the holder may sue the party making the seizure for losses and damages. ART. 638. If the action for infringement is brought to final judg- ment at criminal or civil law, the articles seized shall be awarded to the complainant, on account of the compensation due to him ; but if the matter is tried by a criminal suit, the plaintiff can only sue by civil action for anything that may be wanting for his com- plete indemnification. ART. 639. The party injured by the infringement may proceed either by criminal action, or merely by civil action for losses and damages ; in either case the Public Prosecutor shall be heard. ART. 640. The tribunal which tries criminally the infringement shall pronounce on the objections the defendant may raise as to the nullity of the patent or the loss of the rights of the plaintiff. From Carpm. Pat. L. of World, 445. 440 FOREIGN LAWS. Report by Mr. Wm. Doria, of tJie British Legation, pub- lished 1873. On the 17th of March, 1868, the present law in force was pub- lished for regulating the concession of patents, and regulations were laid down in the Civil Code for the protection of public interests against the too excessive exercise of particular privileges granted by patents, and the regulations were assimilated more to those adhered to in other countries granting such patents. It is, therefore, to the Civil Code that reference must be made for those provisions of the law which protect patent rights from being infringed. The punishment to be awarded to those persons who infringe those rights is to be found inscribed in the Penal Code of the country. Patents are granted for a term of years not exceeding fifteen, to the inventor or discoverer, to enjoy during that time the right of property. From the right of property to an invention is derived the exclu- sive right of producing or manufacturing the articles which con- stitute the said invention. Persons making additions to their inventions enjoy the advantage of the additional improvements, and they may apply for a French patent. The exclusive right of property over inventions is secured by the administrative laws and regulations that is to say, by the laws having reference to movable property, except in cases where the patent has been granted gratuitously, or as compensation in return for service performed. The publication of patents, their drawings, models, and specifi- cations, which are required for obtaining the concession, must be shown gratuitously to every one who desires to see them. Appli- cants, by payment, can procure copies. On the government devolves the duty to announce officially what patents have fallen into the dominion of the public. Patentees who have been injured by the infringement of their patent can institute a criminal suit, or enter a civil action to recover damages. The right of property conferred by a patent is transmissible by will to heirs and successors. A register of all patents is kept in the department of public works. PORTUGAL. 441 A tax of 120,000 reis is exacted on granting a patent for fifteen years, equivalent to about $140.00. Of this amount 75,000 reis, or $88. 00, is set apart for a fund for the advancement of industry. The remaining sum is absorbed in stamps and fees paid to government. Medicines, articles of food, simple changes in the form of an ob- ject patented, and ornaments are excluded from obtaining patents. The civil governor of the district is charged with the duty of granting patents, on whom devolves the duty also of forwarding to the office of public works information for their due registration. An invention which involves danger to public safety is prohib- ited from obtaining a patent. A foreigner can only obtain a patent subject to the rules laid down by the Civil Code of Portugal, and that also only for the period of time before it falls under the dominion of the public, in conformity with those rules. No concession of patent for an improvement of an article already patented is granted, except to the patentee himself, during the first year after the patent is granted. Application by another person may be made before the expiration of the year to the proper depart- ment, where such application will be taken into consideration. This provision is to insure to the first applicant the preference over other persons, with the exception of the original patentee, who always has the preference accorded to him, provided his application is also made during the first year. Exclusive right to import foreign patents is not granted ; only the privilege for their manufacture in Portugal is guaranteed by patent. The punishment awarded by the Penal Code to persons who infringe. patent rights is subjection to a fine, which is imposed by the judge at his discretion, varying from 30,000 reis to 300,000 reis, or from $35 to $350, and the confiscation of the articles which have been employed in the violation of the patent. For losses sustained by the patentee through the infringement of his rights, he can obtain indemnity by a civil action. From 4 Pat. Off. Gaz. 447. See also, INTERNATIONAL CONVENTION. PRINCE EDWARD ISLAND. See CANADA. FOREIGN LAWS. PRUSSIA. Extracts from a report by Mr. T. N. Plunkett, of the British Legation, published October 14, 1873.* The legislation of Prussia on patents is based on a rescript of October 14, 1815, on various ministerial decisions as to the precise meaning of particular portions of it, which have been given from time to time when occasion arose ; and also on the agreement come to in September, 1842, between the different States of the Zollve- rein respecting patents. In the main, however, the practice in Prussia is as follows : Patents can be obtained both for discoveries and for improve- ments ; and also for the introduction into Prussia of inventions patented abroad. New goods, new machines, new tools, and new modes of fabri- cation can be patented ; but only on the condition that they are useful to industry and manufacture, and afford new means of indus- trial development. Patents are never granted in Prussia for inventions of an artistic nature ; the only excuse for a patent is that the invention shall have industrial value. No invention which is not entirely new, or which is not certain to be useful to industry, has a chance of receiving a patent, for the rules are administered with the greatest severity. Articles or inventions patented abroad may also be patented in Prussia, provided, however, that no description of them shall have been published either here or elsewhere, and that no use shall have yet been made of the invention in Prussia. When once the details of an invention have been published, either in Germany or elsewhere, officially or unofficially, before the application for the Prussian patent has been made in Berlin, it is invariably refused. * The date of this report was not long had been established for the empire, after the adoption of the Imperial Consti- The subject is now governed, for Prussia, tution of the German empire, article 4 of as for the other kingdoms, by the gcn- which declares that questions concerning eral law ; for which see GEKMAN EMPIRE. patents and patent laws are reserved to This report has value in connection with the Reichsrath ; but before a general law unexpired Prussian Patents. PRUSSIA. 443 An article which is patented abroad may be patented in Prussia, if it fulfills the necessary requirements, by anybody. No rights whatever are reserved to the original patentee, except in the case of patents taken out in other German countries. .Under the agreement concluded between the Zollverein States in 1842, when a patent has been given for an invention in any one of those States, it secures to the patentee the sole right of applying for a patent for the same article in all the other States of the Con- federation ; but it does not necessarily follow from this that tho Prussian authorities will give patents in evei'y case where other German governments have done so. In Saxony, Bavaria, and Wttrtemberg, for instance, patents are much more easily obtained than they are in Prussia. Patents are granted only to natives, or to the subjects of such countries as by treaty are entitled to most-favored-nation treat- ment. Therefore, under the treaty of commerce concluded in 1865, British subjects are entitled to take out patents in this country. Subjects of those foreign countries which are not entitled to most- favored-nation treatment, if they wish to patent their inventions in Prussia, must appoint a native as their representative, and have the patents made out in his name. The app^cation for a patent is made direct to the minister of commerce in Berlin, and must be accompanied by full descriptions, and, if necessary, also by models. These are, however, kept secret from everybody except from the persons whose special duty it is to examine and report upon them. The applications are registered immediately on receipt at the ministry, and take their precedence accordingly. Under the ministry of commerce is a special department called the technical deputation for industrial matters, to whom all these applications are referred. It is their duty to examine the models, descriptions, &c., to see whether patents for similar or kindred inventions have been already given, and to ask for any fui'ther explanations which they may require. They then decide absolutely and without appeal whether they will grant the patent or not. They fix the length of time for which the patent is to hold good, and have, moreover, the right of declaring whether they will give a patent for the whole invention or only for some portion of it. The deputation consists, at present, of nine members, under the presidency of a director of the ministry of commerce, and meets 444 FOREIGN LAWS. once a week or oftener to examine the application for patents which have loen made to the minister. Their verdict is communicated to the person who has applied for the patent, and he is allowed a period of six weeks to decide whether he accepts or not the conditions proposed by the deputa- tion. If he agrees to accept them, the patent is then issued under the signature of the minister of commerce. The following conditions are invariably imposed in the case of every patent which is granted : 1. The patentee must give practical effect to his invention in Prussia within the time fixed by the minister (usually six months, never more than a year), on pain of forfeiting his patent ; and he must produce before the end of that term an official certificate from the local police, or at least from some government employe, that his invention is or has been actually in work within the Prussian dominions. 2. If at any time during the period for which the patent is granted his invention shall have been unemployed during twelve consecutive months, the patentee shall forfeit all his rights. 3. The patent shall equally be forfeited if at any time afterward it can be proved that the invention was neither new nor original. The .period for which a patent is to run is laid down, specially for each case, in the rescript of the minister of commerce. The law is, that it shall not be less than six months nor more than fifteen years ; but it is now usually fixed at three years. A patent which is near expiring may, in some cases, be renewed; but the entire period for which it can last must never exceed fifteen years. Such prolongations, however, have lately been more diffi- cult to obtain than they were formerly. Unless in cases where the applicant himself demands a special exception, patents extend to the whole Kingdom of Prussia. The publication of the fact of a patent having been granted to an inventor is made in the official journals free of cost. Merely the fact itself is mentioned of a patent having been granted for such a number of years to such or such a person, for such or such an inven- tion. No details are entered into, and no description is given. The exact particulars of the invention are kept in sealed covers at the office of the technical deputation for industrial matters in Berlin ; and, although in the patent commission itself there is a special proviso that the government do not guarantee secrecy, they prac- PRUSSIA. 445 tically never allow the secret to ooze out. It would indeed appear that everything connected with this department is conducted with the view of preventing the outside world from learning what takes place within its walls. The expenses of taking out a patent in Prussia are almost nom- inal. The application for a patent must be written on stamped paper of 5 silber-groschen say 12 cents. The answer of the technical deputation is given on stamped paper of 15 silber-groschen say, 36 cents and the patent itself, if granted, is liable to a stamp duty of 1 thaler say, 73 cents. There is no further tax or duty whatever. A patent can be sold or inherited like any other property, on condition, however, that the new proprietor shall be a Prussian, or a subject either of one of the Zollverein States or of a country entitled by treaty to most-favored-nation treatment. In these cases no notice need be given to the government, which always applies direct to the original patentee or his heirs. Corporate bodies have the same rights as individuals in regard to the acquisition of patents. A patent in Prussia gives to the patentee the exclusive right of working his invention that is to say, the sole right of making the article in question ; and also, in the case of machinery, the sole right of employing it when made. It does not give the right of prohibiting the sale or importation of articles which are like the article for which the patent has been obtained. A patentee whose rights have been infringed can invoke the aid of the police to confiscate the pirated articles ; but the offending party must be named before they can be seized ; and it is only in case of a second offense that the articles in question can actuajly be confiscated. The decision in these questions lies, in the first instance, with the authorities of the "bezirk" (district), with an appeal, in second instance, to the minister of commerce. Claims for damages must be laid before the ordinary civil tri- bunal ; and such claims may be made without the previous formality of a warning to the offending parties being required. Patents which have been granted before 1866 by the Prussian Government, and by the former Governments of Hanover, Hesse, Nassau, or Frankfort, and which have not yet expired, have force only in those special districts which at that time were under each of those governments ; but all patents issued by the Prussian Gov- 446 FOREIGN LAWS. ernment since 1866 have force throughout the whole monarchy as now consituted, unless in those few cases where, at the request of the patentee himself, a special reservation is made. From 4 Pat. Off. Gaz. 395. See GERMAN EMPIRE. QUEBEC. See CANADA. QUEENSLAND. 44? QUEENSLAND. An Act to Amend and Consolidate the Law relating to Pat- ents for Inventions, and the Registration of Designs and Trade-Marks, assented to October 13, 1884. Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : PART I. PRELIMINARY. 1. This act may be cited as "The Patents, Designs, and Trade Marks Act, 1884." 2. This act is divided into parts, as follows : Part I. Preliminary ; Part II. Patents ; Part III. Designs ; Part IV. Trade-Marks ; Part V. International and Intercolonial Arrangements ; Part VI. General. GENERAL DEFINITIONS. 3. (1.) In and for the purposes of this act, unless the context otherwise requires : "Jfaaminer" includes examiners, if more than one. "The court " means the Supreme Court of Queensland. " Law officer" means her Majesty's attorney-general for Queens- land. "The minister " means the colonial secretary or other minister charged with the execution of this act. "Registrar" means the registrar of patents, designs, and trade- marks. "Prescribed" means prescribed by any of the schedules to this Act, or by general rules under or within the meaning of this Act. "Patent " means letters patent for an invention. "Patentee " means the person for the time being entitled to the benefit of a patent. 448 FOREIGN LAWS. "Invention " means any manner of new manufacture, the subject of letters patent and grant of privilege within section 6 of the stat- ute of monopolies that is, the act of the twenty-first year of the reign of King James the First, chapter 3, entitled "Ail Act con- cerning Monopolies, and Dispensations with Penal Laws, and the forfeiture thereof " and includes an alleged invention. "Design" means any design applicable to any article of manu- facture, or to any substance, artificial or natural, or partly artificial and partly natural, whether the design is applicable for the pattern, or for the shape or configuration, or for the ornament thereof, or for any two or more of such purposes, and by whatever means it is applicable, whether by printing, painting, embroidering, weaving, sewing, modeling, casting, embossing, engraving, staining, or any other means whatever, manual, mechanical, or chemical, separate or combined, not being a design for a sculpture, or other thing within the protection of " The Sculpture Copyright Act " of the year Ibl4, (fifty-fourth George the Third, chapter 56). " Copyright " means the exclusive right to apply a design to any article of manufacture or to any such substance, as aforesaid, in the class or classes in which the design is registered. "Jiritish possession " means any territory or place situate within her Majesty's dominions, and not being or forming part of the United Kingdom, or of the Channel Islands, or of the Isle of Man ; and all territories and places under one legislature, as herein- after defined, are deemed to be one British possession for the pur- poses of this Act. "Legislature" includes any person or persons who exercise leg- islative authority in the British possession, and, where there are local legislatures as well as a central legislature, means the central legislature only. "Summary conviction" means a conviction under the summary jurisdiction Acts that is to say, the acts regulating the duties of justices of the peace and any acts amending or in substitution for them. TRANSITIOXAL PROVISIONS. 4. The Acts mentioned in the first schedule to this Act are hereby repealed to the extent in the said schedule indicated. But this repeal shall not : (a.) Affect the past operation of any of those enactments, or any patent or copyright or right to use a trade-mark granted or QUEENSLAND. 449 acquired, or application pending or appointment made, or compen- sation granted, or order or direction made or given, or right, priv- ilege, obligation, or liability acquired, accrued, or incurred, or anything duly done or suffered under or by any of those enactments before or at the commencement of this act ; or (5.) Interfere with the institution or prosecution of any action or proceeding, civil or criminal, in respect thereof, and any such proceeding may be carried on as if this Act had riot been passed ; or (c.) Take away or abridge any protection or benefit in relation to any such action or proceeding. 5. (1.) There shall be an office, called the " patent-office," at a convenient place, with such officers and clerks as the Governor in Council shall appoint, at which the business of this Act required to be transacted at the patent-office shall be transacted. (2.) The patent-office shall be under the immediate control of an officer, called the " registrar of patents, designs, and trade- marks," acting under the superintendence and direction of the minister. (3.) Any act or thing directed to be done by or to the registrar may, in his absence, be done by or to any officer for the time being in that behalf authorized by the minister. (4.) Until other provision is made in that behalf, the registrar- general shall be and act as registrar of patents, designs, and trade- marks. 6. This Act, except where it is otherwise expressed, shall com- mence from and immediately after the 31st day of December, 1884. PART II. PATENTS. APPLICATION FOR AND GRANT OF PATENT. 7. (1.) Any person whether a British subject or not, may make an application for a patent. (2.) Two or more persons may make a joint application for a patent, and a patent may be granted to them jointly. 8. (1.) An application for a patent must be made in the form set forth in the second schedule to this Act, or in such other form as may be from time to time prescribed ; and must be left at or sent by post to the patent-office in the prescribed manner. (2.) An application must contain a declaration to the effect that I. 29 450 , FOREIGN LAWS. the applicant is in possession of an invention, whereof he, or, in the case of a joint application, one or more of the applicants, claims or claim to be the true and first inventor or inventors, and for which he or they desires or desire to obtain a patent, and must be accom- panied by either a provisional or complete specification. (3.) In the case of a joint application, the declaration may be made by one of the applicants. (4.) A provisional specification must describe the nature of the invention, and be accompanied by drawings, if required. (5.) A complete specification, whether left on application or subsequently, must particularly describe and set forth the nature of the invention, and in what manner it is to be performed, and must be accompanied by drawings, if required. (6.) A specification, whether provisional or complete, must com- mence with the title, and in the case of a complete specification must end with a distinct statement of the invention claimed. 9. The registrar shall refer every application to an examiner or examiners, who shall ascertain and report to the registrar whether the nature of the invention has been fairly described, and the appli- cation, specification, and drawings (if any) have been prepared in the prescribed manner, and the title sufficiently indicates the sub- ject-matter of the invention. 10. (1.) If the examiner reports that the nature of the invention is not fairly described, or that the application, specification, or drawings has not or have not been prepared in the prescribed man- ner, or that the title does not sufficiently indicate the subject-matter of the invention, the registrar may require that the application, specification, or drawings be amended before he proceeds with the application. (2.) Where the registrar requires an amendment, the applicant may appeal from his decision to the law officer. (3.) The law officer shall, if required, hear the applicant, and the registrar, and may make an order determining whether and subject to what conditions, if any, the application shall be accepted. (4.) The registrar shall, when an application has been accepted, give notice thereof to the applicant. (5.) If after an application has been made, but before a patent has been sealed, an application is made, accompanied by a specifi- cation bearing the same or a similar title, it shall be the duty of the examiner to report to the registrar whether the specification appears to him to comprise the same invention ; and, if he reports QUEENSLAND. 451 in the affirmative, the registrar shall give notice to the applicants that he has so reported. (6.) Where the examiner reports in the affirmative, the registrar may determine, subject to an appeal to the law officer, whether the invention comprised in both applications is the same, and if so, he may refuse to recommend that a patent be granted on the appli- cation of the second applicant. 11. (1.) If the applicant does not leave a complete specification with his application, he may leave it at any subsequent time within nine months from the date of application. (2.) Unless a complete specification is left within that time, the application shall be deemed to be abandoned. 12. (1.) Where a complete specification is left after a provisional specification the registrar shall refer both specifications to an exam- iner for the purpose of ascertaining whether the complete specifica- tion has been prepared in the prescribed manner, and whether the invention particularly described in the complete specification is substantially the same as that which is described in the provisional specification. (2.) If the examiner reports that the conditions hereinbefore contained have not been complied with, the registrar may refuse to accept the complete specification unless and until the same shall have been amended to his satisfaction ; but any such refusal shall be subject to appeal to the law officer. (3.) The law officer shall, if required, hear the applicant and the registrar, and may make an order determining whether and subject to what conditions, if any, the complete specification shall be accepted. (4.) Unless a complete specification is accepted within twelve months from the date of application, then (save in the case of an appeal having been lodged against the refusal to accept) the appli- cation shall at the expiration of those twelve months become void. (5.) Reports of examiners snail not in any case be published or be open to public inspection, and shall not be liable to production or inspection in any legal proceeding other than an appeal to the law officer under this act, unless the court or officer having power, to order discovery in such legal proceeding shall certify that such production or inspection is desirable in the interests of justice and ought to be allowed. '. 13. On the acceptance of the complete specification the registrar shall advertise the acceptance in the Gazette, and the application 452 FOREIGN LAWS. and specification or specifications with the drawings (if any) shall be open to public inspection. 14. (1.) Any person may at any time within two months from the date of the advertisement of the acceptance of a complete speci- fication give notice at the patent-office of opposition to the grant of the patent on the ground of the applicant having obtained the invention from him, or from a person of whom he is the legal repre- sentative, or on the ground that the invention has been patented in this colony on an application of prior date, or on the ground of an examiner having reported to the registrar that the specification appears to him to comprise the same invention as is comprised in a specification bearing the same or a similar title and accompanying a previous application, but on no other ground. (2.) Where such notice is given the registrar shall give notice of the opposition to the applicant, and shall, on the expiration of those two months, after hearing the applicant and the person so giving notice, if desirous of being heard, decide on the case, but subject to appeal to the law officer. (3.) The law officer shall, if required, hear the applicant and any person so giving notice and being, in the opinion of the law officer, entitled to be heard in opposition to the grant, and shall determine whether the grant ought or ought not to be made. (4.) The law officer may, if he thinks fit, obtain the assistance of an expert, who shall be paid such remuneration as the law officer shall appoint. 15. (1.) If there is no opposition, or, in case of opposition, if the determination is in favor of the grant of a patent, the registrar shall report the facts to the minister. (2.) The minister shall thereupon submit the application for the consideration of the Governor in Council, who may direct a patent to be sealed with the Great Seal of the Colony. (3.) A patent shall be sealed as soon as may be, and not after the expiration of fifteen months from the date of application, except in the cases hereinafter mentioned that is to say : (a.) Where the sealing is delayed by an appeal to the law officer, or by opposition to the grant of the patent, the patent may be sealed at such time as the law officer may direct. (d.) If the person making the application dies before the expir- ation of the fifteen months aforesaid, the patent may be granted to his legal representative and sealed at any time within twelvemonths after the death of the applicant. QUEENSLAND. 453 16. Every patent shall take effect and be expressed to take effect as of the day of the application : Provided, That no proceed- ings shall be taken in respect of an infringement committed before the publication of the complete specification : Provided, also, That in case of more than one application for a patent for the same inven- tion the sealing of a patent on one of those applications shall not prevent the sealing of a patent on an earlier application. PROVISIONAL PROTECTION. 17. Where an application for a patent in respect of an inven- tion has been accepted, the invention may during the period between the date of the application and the date of sealing such patent be used and published without prejudice to the patent to be granted for the same ; and such protection from the consequences of use and publication is in this act referred to as provisional protection. PROTECTION BY COMPLETE SPECIFICATION. 18. After the acceptance of a complete specification, and until the date of sealing a patent in respect thereof, or the expiration of the time for sealing, the applicant shall have the like privileges and rights as if a patent for the invention had been sealed on the date of the acceptance of the complete specification : Provided, That an applicant shall not be entitled to institute any proceeding for infringement unless and until a patent for the invention has been granted to him. PATENT. 19. Every patent when sealed shall have effect throughout the colony and its dependencies. 20. (1.) The term limited in every patent for the duration thereof shall be fourteen years from the date from which it takes effect. (2.) But every patent shall, notwithstanding anything therein or in this Act, cease if the patentee fails to make the prescribed payments within the prescribed times. (3.) If, nevertheless, in any case, by accident, mistake, or inad- vertence, a patentee fails to make any prescribed payment within the prescribed time, he may apply to the registrar for an enlarge- ment of the time for making that payment. (4.) Thereupon the registrar shall, if satisfied that the failure has arisen from any of the above mentioned causes, on receipt of the 454 FOREIGN LAWS. prescribed fee for enlargement, not exceeding ten pounds, enlarge the time accordingly, subject to the following conditions : (a.) The time for making any payment shall not in any case be enlarged for more than three months. (6.) If any proceeding shall be taken in respect of an infringe- ment of the patent committed after a failure to make any payment within the prescribed time and before the enlargement thereof, the court before which the proceeding is proposed to be taken may, if it shall think fit, refuse to award or give any damages in respect of such infringement. AMENDMENT OF SPECIFICATION. 21. (1.) An applicant or a patentee may, from time to time, by request in writing left at the patent-office, seek leave to amend his specification, including drawings forming part thereof, by way of disclaimer, correction, or explanation, stating the nature of such amendment and his reasons for the same. (2.) The request and the nature of such proposed amendment shall be advertised in the prescribed manner, and at any time within one month from its first advertisement any person may give notice at the patent-office of opposition to the amendment. (3.) Where such notice is given the registrar shall give notice of the opposition to the person making the request, and shall hear and decide the case subject to an appeal to the law officer. (4.) The law officer shall, if required, hear the person making the request and the person so giving notice, and being in the opin- ion of the law officer entitled to be heard in opposition to the request, and shall determine whether and subject to what conditions, if any, the amendment ought to be allowed. (5.) Where no notice of opposition is given or the person so giv- ing notice does not appear, the registrar shall determine whether and subject to what conditions, if any, the amendment ought to be allowed. (6.) When leave to amend is refused by the registrar, the per- son making the request may appeal from his decision to the law officer. (7.) The law officer shall, if required, hear the person making the request and the registrar, and may make an order determining whether, and subject to what conditions, if any, the amendment ought to be allowed. (8.) No amendment shall be allowed that would make the speci- QUEENSLAND. 455 fication, as amended, claim an invention substantially larger than or substantially different from the invention claimed by the specifica- tion as it stood before amendment. (9.) Leave to amend shall be conclusive as to the right of the party to make the amendment allowed, except in case of fraud ; and the amendment shall in all courts and for all purposes be deemed to form part of the specification. (10.) The foregoing provisions of this section do not apply when and so long as any action for infringement or other legal proceed- ing in relation to a patent is pending. 22. (1.) In an action for infringement of a patent, and in a pro- ceeding for revocation of a patent, the court or a judge may at any time order that the patentee shall, subject to such terms as to costs and otherwise as the court or a judge may impose, be at lib- erty to apply at the patent-office for leave to amend his specification by way of disclaimer, and may direct that in the meantime the trial or hearing of the action shall be postponed. 23. Where an amendment by way of disclaimer, correction, or explanation has been allowed under this Act, no damages shall be given in any action in respect of the use of the invention before the disclaimer, correction, or explanation, unless the patentee establishes to the satisfaction of the court that his original claim was framed in good faith and with reasonable skill and knowledge. 24. Every amendment of a specification shall be advertised in the prescribed manner. COMPULSORY LICENSES. 25. If on the petition of any person interested it is proved to the Governor in Council that by reason of the default of a patentee to grant licenses on reasonable terms (a.) The patent is not being worked in the colony ; or (b.) The reasonable requirements of the public with respect to the invention cannot be supplied ; or (c.) Any person is prevented from working or using to the best advantage an invention of which he is possessed, the Governor in ^Council may order the patentee to grant licenses on such terms as to the amount of royalties, security for payment, or otherwise as the Governor in Council, having regard to the nature of the inven- tion and the circumstances of the case, may deem just, and any such order may be enforced by mandamus. 456 FOREIGN LAWS. REGISTER OF PATENTS. 26. (1.) There shall be kept at the patent-office a book, called the " Register of Patents," wherein shall be entered the names and addresses of grantees of patents, notifications of assignments, and of transmissions of patents, of licenses under patents, and of amend- ments, extensions, and revocations of patents, and such other matters affecting the validity or proprietorship of patents as may from time to time be prescribed. (2.) The Register of Patents shall be prima facie evidence of any matters by this act directed or authorized to be inserted therein. (3.) Copies of deeds, licenses, and any other documents affect- ing the proprietorship in any letters patent, or in any license there- under, must be supplied to the registrar in the prescribed manner for filing in the patent-office. FEES. 27. (1.) Tbei'e shall be paid in respect of the several instru- ments described in the third schedule to this Act the fees in that schedule mentioned, and there shall likewise be paid, in respect of other matters under this part of the Act, such fees as may be from time to time prescribed by the Governor in Council ; and such fees shall be paid into the consolidated revenue. (2.) The Governor in Council may from time to time reduce any of those fees. EXTENSION OP TERM OF PATENT. 28. (1.) A patentee may, after advertising in manner directed by any rules made under this section his intention to do so, present a petition to the Governor in Council, praying that his patent may be extended for a further term ; but such petition must be pre- sented at least six months before the time limited for the expira- tion of the patent. (2.) Any person may enter a caveat, addressed to the clerk of the executive council at the council office, against the extension. (3.) If the Governor in Council shall be pleased to refer any such petition to the court, the court shall proceed to consider the same, and the petitioner and any person who has entered a caveat shall be entitled to be heard by himself or by counsel on the peti- tion. QUEENSLAND. 457 (4.) The court shall, in considering their decision, have regard to the nature and merits of the invention in relation to the publio to the profits made by the patentee as such, and to all the circum- stances of the case. (5.) If the court report that the patentee has been inadequately remunerated by his patent, it shall be lawful for the Governor in Council to extend the term of the patent for a further term not exceeding seven, or in exceptional cases, fourteen, years ; or to order the grant of a new patent for the term therein mentioned, and containing any restrictions, conditions, and provisions that the court may think fit. (6.) It shall be lawful for the judges of the Supreme Court, or any two of them, of whom the Chief Justice shall be one, to make from time to time rules of procedure and practice for regulating proceedings on such petitions, and subject thereto such proceedings shall be regulated according to the existing procedure and practice in cases of petitions to the court. (7.) The costs of all parties of and incident to such proceedings shall be in the discretion of the court, and the orders of the court respecting costs shall be enforceable in the same manner as other orders of the court. REVOCATION. 29. (1.) The proceeding by scire facias to repeal a patent is hereby abolished. (2.) Revocation of a patent may be obtained on petition to the court. (3.) Every ground on which a patent may, at the commence- ment of this Act, be repealed by scire facias shall be available by way of defense to an action of infringement, and shall also be a ground of revocation. (4.) A petition for revocation of a patent may be presented by- (a.) The attorney-general ; (b.) Any person authorized by the attorney-general ; (c.) Any person alleging that the patent was obtained in fraud of his rights, or of the rights of any person under or through whom he claims ; (d.) Any person alleging that he, or any person under or through whom he claims, was the true inventor of any invention included in the claim of the patentee ; 458 FOREIGN LAWS. (e.) Any person alleging that he, or any person under or through whom he claims an interest in any trade, business, or manufacture, had publicly manufactured, used, or sold, within the colony, before the date of the patent, anything claimed by the patentee as his invention. (5.) The plaintiff must deliver with his petition particulars of the objections on which he means to rely, and no evidence shall, except by leave of the court or a judge, be admitted in proof of any objection of which particulars are not so delivered. (0.) Particulars delivered may be from time to time amended by leave of the court or a judge. (7.) The defendant shall be entitled to begin and give evidence in support of the patent, and if the plaintiff gives evidence impeach- ing the validity of the patent the defendant shall be entitled to reply. (8.) "Where a patent has been revoked on the ground of fraud the registrar may, on the application of the true inventor, made in accordance with the provisions of this Act, grant to him a patent in lieu of and taking effect from the same date as the date of revo- cation of the patent so revoked, but the patent so granted shall cease on the expiration of the term for which the revoked patent was granted. CBOWN. 30. (1.) A patent shall have to all intents the like effect as against Her Majesty the Queen, her heirs and successors as it has against a subject. (*>.) But the officers or authorities administering any department of the service of the crown may, by themselves, their agents, con- tractors, and others, at any time after the application, use the invention for the service of the crown on terms to be before or after the use thereof agreed on, with the approval of the minister, between those officers or authorities and the patentee, or, in default of such agreement, on such terms as may be settled by the minister after hearing all parties interested. LEGAL PROCEEDINGS. 31. (1.) In an action or proceeding for infringement or revoca- tion of a patent, the court may, if it thinks fit, and shall on the request of either of the parties to the proceeding, call in the aid of an assessor specially qualified, and try and hear the case wholly or QUEENSLAND. 459 partially with his assistance. The action shall be tried without a jury, unless the court shall otherwise direct. (2.) The remuneration, if any, to be paid to an assessor under this section shall be determined by the court, and be paid in the same manner as the other expenses of the execution of this Act. 32. (1.) In an action for infringement of a patent the plaintiff must deliver with his statement of claim, or by order of the court or the judge, at any subsequent time, particulars of the breaches complained of. '(2.) The defendant must deliver with his statement of defense, or by order of the court or a judge, at any subsequent time, partic- ulars of any objections on which he relies in support thereof. (3.) If the defendant disputes the validity of the patent, the particulars delivered by him must state on what grounds he dis. putes it, and, if one of those grounds is want of novelty, must state the time and place of the previous publication or use alleged by him. (4.) At the hearing no evidence shall, except by leave of the court or a judge, be admitted in proof of any alleged infringement or objection of which particulars are not so delivered. (5.) Particulars delivered may be from time to time amended, by leave of the court or a judge. (6.) On taxation of costs regard shall be had to the particulars delivered by the plaintiff and by the defendant, and they respec- tively shall not be allowed any costs in respect of any particular delivered by them unless the same is certified by the court or a judge to have been proven, or to have been reasonable and proper, without regard to the general costs of the case. 33. In an action for infringement of a patent, the court or a judge may on the application of either party make such order for an injunction, inspection, or account, and impose such terms and give such directions respecting the same and the proceedings thereon as the court or a judge may see fit. 34. In an action for infringement of a patent, the court or a judge may certify that the validity of the patent came in question, and if the court or judge so certifies, then in any subsequent action for infringement the plaintiff in that action, on obtaining a final order or judgment in his favor, shall have his full costs, charges, and expenses as between solicitor and client, unless the court or judge trying the action certifies that he ought not to have the same. 4GO FOREIGN LAWS. 35. When any person claiming to be the patentee of an inven- tion, by circulars, advertisements, or otherwise, threatens any other person with any legal proceedings or liability in respect of any alleged manufacture, use, sale, or purchase of the invention, any person or persons aggrieved thereby may bring an action against him, and may obtain an injunction against the continuance of such threats, and may recover such damage, if any, as may have been sustained thereby, if the alleged manufacture, use, sale, or purchase to which the threats related was not in fact an infringe- ment of any legal rights of the person making such threats : Pro- vided, That this section shall not apply if the person making such threats with due diligence commences and prosecutes an action for infringement of his patent. MISCELLANEOUS. 36. Every patent may be in the form in the second schedule to this Act, and shall be granted for one invention only, but may con- tain more than one claim ; but it shall not be competent for any person in an action or other proceeding to take any objection to a patent on the ground that it comprises more than one invention. 37. (1.) If a person possessed of an invention dies without making application for a patent for the invention, application may be made by, and a patent for the invention granted to, his legal representative. (2.) Every such application must be made within six months of the decease of such person, and must contain a declaration by the legal representative that he believes such person to have been the true and first inventor of the invention. 38. A patent granted to the true and first inventor shall not be invalidated by an application in fraud of him, or by provisional protection obtained thereon, or by any use or publication of the invention subsequent to that fraudulent application during the period of provisional protection. 3K A patentee may assign his patent for the whole colony or any place in or part of the colony. 40. If a patent is lost or destroyed, or its non-production i.s accounted for to the satisfaction of the registrar, the Governor in Council may at any time cause a duplicate thereof to be sealed. 41. The law officer may examine witnesses on oath and admin- ister oaths for that purpose under this part of this Act, and may QUEENSLAND. 461 from time to time make, alter, and rescind rules regulating refer- ences, and appeals to the law officer and the practice and procedure before him under this part of this Act ; and in any proceeding before the law officer under this part of this Act the law officer may order costs to be paid by either party, and any such order may be made a rule of the court. 42. The exhibition of an invention at an industrial or interna- tional exhibition, certified as such by the minister, or the publica- tion of any description of the invention during the period of the holding of the exhibition, or the use of the invention for the pur- pose of the exhibition in the place where the exhibition is held, or the use of the invention during the period of the holding of the exhibition by any person elsewhere, without the privity or the con- sent of the inventor, shall not prejudice the right of the inventor or his legal personal representative to apply for and obtain provis- ional protection and a patent in respect of the invention or validity of any patent granted on the application: Provided, That both the following conditions are complied with, namely : (a.) The exhibitor must, before exhibiting the invention, give the registrar the prescribed notice of his intention to do so ; and (b.) The application for a patent must be made before or within six months from the date of the opening of the exhibition. 43. The registrar shall from time to time prepare and publish such indexes, abridgments of specifications, catalogues, and other works relating to inventions as the minister may direct. 44. The minister may at any time require a patentee to furnish him with a model of his invention on payment to the patentee of the cost of the manufacture of the model, the amount to be settled in case of dispute by the auditor-general. 45. (1.) A patent shall not prevent the use of an invention for the purposes of the navigation of a foreign vessel within the jurisdic- tion of the Supreme Court of Queensland, or the use of an invention in a foreign vessel within that jurisdiction : Provided, It is not used therein for or in connection with the manufacture or prepa- ration of anything intended to be sold in or exported from Queens- land. (2.) But this section shall not extend to vessels of any foreign State of which the laws authorize subjects of such foreign Stato having patents or like privileges for the exclusive use or exercise of inventions within its territories, to prevent or interfere with the use of such inventions in British vessels while in the ports of such for- 462 FOREIGN LAWS. eign State, or in the waters within the jurisdiction of its courts, where such inventions are not so used for the manufacture or prep- aration of anything intended to be sold in or exported from the territories of such foreign State. EXISTING PATENTS. 46. (1.) The provisions of this Act relating to applications for patents and proceedings thereon shall have effect in respect only of applications made after the commencement of this Act. (2.) Every patent granted before the commencement of this Act, or on an application then pending, shall remain unaffected by the provisions of this Act relating to patents binding the crown, and tq compulsory licenses. (3.) In all other respects (except with regard to fees payable in respect of granting a patent) this Act shall extend to all patents granted before the commencement of this Act, or ou applications then pending, in substitution for such enactments as would have applied thereto if this Act had not been passed. (4.) All instruments relating to patents granted before the commencement of this Act required to be left or filed in the Supreme Court shall be deemed to be so left or filed if left or filed before or after the commencement of this Act in the patent-office. PART III. DESIGNS. REGISTRATION OP DESIGNS. 47. (1.) The registrar may, on application by or on behalf of any person claiming to be the proprietor of any new or original design not previously published in Queensland, register the design under this part of this Act. (2.) The application must be made in the form set forth in the first schedule to this Act or in such other form as may be from time to time prescribed, and must be left at or sent by post to the pat- ent-office in the prescribed manner. (3.) The application must contain a statement of the nature of the design, and the class or classes of goods in which the applicant desires that the design be registered. (4.) The same design may be registered in more than one class. QUEENSLAND. 463 (5.) In case of doubt as to the class in which a design ought to be registered, the registrar may decide the question. (6.) The registrar may, if he thinks fit, refuse to register any design presented to him for registration, but any person aggrieved by any such refusal may appeal therefrom to the law officer. (7.) The law officer shall, if required, hear the applicant and the registrar, and may make an order determining whether and subject to what conditions, if any, registration is to be permited. 48. (1.) On application for registration of a design the appli- cant shall furnish to the registrar the prescribed number of copies, of drawings, photographs, or tracings of the design, sufficient, in the opinion of the registrar, for enabling him to identify the design; or the applicant may, instead of such copies, furnish exact repre- sentations or specimens of the design. (2.) The registrar may, if he thinks fit, refuse any drawing, photograph, tracing, representation, or specimen which is not, in his opinion suitable for the official records. 49. (1.) The registrar shall grant a certificate of registration to the proprietor of the design when registered. (2.) The registrar may, in case of loss of the original certificate, or in any other case in which he deems it expedient, grant a copy or copies of the certificate. COPYRIGHT IN REGISTERED DESIGNS. 50. (1.) When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copy- right in the design during five years from the date of registration. (2.) Before delivery on sale of any articles to which a registered design has been applied the proprietor must (if exact representa- tions or specimens were not furnished on the application for regis- tration) furnish to the registrar the prescribed number of exact representations or specimens of the design, and if he fails to do so the registrar may erase his name from the register and thereupon his copyright in the design shall cease. 51. Before delivery on sale of any articles to which a regis- tered design has been applied the proprietor of the design shall cause each such article to be marked with the prescribed mark or with the prescribed word or words or figures denoting that the design is registered, and if he fails to do so the copyright in the 464 FOREIGN LAWS. design shall cease unless the proprietor shows that he took all proper steps to insure the marking of the article. 52. (1.) During the existence of copyright in a design the design shall not be open to inspection except by the proprietor or a person authorized in writing by the proprietor, or a person author- ized by the registrar or by the court, and furnishing such informa- tion as may enable the registrar to identify the design, nor except in the presence of the registrar or of an officer acting under him, nor except on payment of the prescribed fee; and the person making the inspection shall not be entitled to take any copy of the design or of any part thereof. (2.) When the copyright in a design has ceased, the design shall be open to inspection, and copies thereof may be taken by any per- son on payment of the prescribed fee. 53. On the request of any person producing a particular design, together with its mark of registration, or producing only its mark of registration, or furnishing such information as may enable the registrar to identify the design, and on payment of the prescribed fee, it shall be the duty of the registrar to inform such person whether the registration still exists in respect of such design, and if so, in respect of what class or classes of goods, and stating, also, the date of registration and the name and address of the registered proprietor. 54. If a registered design is used in manufacture in any for- eign country and is not used in this colony within six months of its registration in this colony, the copyright in the design shall cease. REGISTER OF DESIGNS. 55. (1.) .There shall be kept at the patent-office a book, called the " Register of Designs," wherein shall be entered the names and addresses of proprietors of registered designs, notifications of assignments and of transmissions of registered designs, and such other matters as may from time to time be prescribed. (2.) The register of designs shall be prima facie evidence of any matters by this Act directed or authorized to be entered therein. FEES. 56. There shall be paid in respect of applications and registra- tion and other matters under this part of this Act such fees as may be from time to time prescribed by the Governor in Council, and such fees shall be paid into the consolidated revenue. QUEENSLAND. 465 INDUSTRIAL, INTERNATIONAL, AND INTERCOLONIAL EXHIBITIONS. 57. The exhibition at an industrial, international, or intercolo- nial exhibition, certified as such by the minister, or the exhibition" elsewhere during the period of the holding of the exhibition, with- out the privity or consent of the proprietor of a design or of any article to which a design is applied, or the publication during the holding of any such exhibition of a description of a design, shall not prevent the design from being registered or invalidate the regis- tration thereof : Provided, That both the following conditions are complied with, namely : (.) The exhibitor must, before exhibiting the design or article, or publishing a description of the design, give the registrar the prescribed notice of his intention to do so ; and (b.) The application for registration must be made before or within six months from the date of the opening of the exhibition. LEGAL PROCEEDINGS. 58. During the existence of copyright in any design (a.) It shall not be lawful for any person, without the license or written consent of the registered proprietor, to apply such design or any fraudulent or obvious imitation thereof in the class or classes of goods in which such design is registered, for purposes of sale, to any irticle of manufacture or to any substance artificial or natural or partly artificial and partly natural ; and (b.) It shall not be lawful for any person to publish or expose for sale any article of manufacture or any substance to which such design or any fraudulent or obvious imitation thereof shall have been so applied, knowing that the same has been so applied without the consent of the registered proprietor. Any person who acts in contravention of this section shall be liable for every offense to forfeit a sum not exceeding fifty pounds to the registered proprietor of the design, who may recover such sum as a simple contract debt by action in any court of competent jurisdiction. 59. Notwithstanding the remedy given by this Act for the recovery of such penalty as aforesaid, the registered proprietor of any design may (if he elects to do so) bring an action for the recovery of any damages arising from the application of any such design or of any fraudulent or obvious imitation thereof, for the purpose of sale, to any article of manufacture or substance, or from the publi- cation, sale, or exposure for sale, by any person, of any article or I. 30 466 FOREIGN LAWS. substance to which such design or any fraudulent or obvious imi- tation thereof shall have been so applied, such person knowing that the proprietor had not given his consent to such application. 60. The author of any new and original design shall be consid- ered the proprietor thereof, unless he executed the work on behalf of another person for a good or valuable consideration, in which case such person shall be considered the proprietor ; and every person acquiring for a good or valuable consideration a new and original design, or the right to apply the same to any such article or substance as aforesaid, either exclusively of any other person or otherwise, and also every person on whom the property in such design or such right to the application thereof shall devolve, shall be considered the proprietor of the design in the respect in which the same may have been so acquired, and to that extent, but not otherwise. PART IV. [Omitted because relating to trade-marks.] PART V. INTERNATIONAL AND INTERCOLONIAL ARRANGEMENTS. And whereas by the one hundred and third section of the Act of the Imperial Parliament, called " The Patents, Designs, and Trade- Marks Act, 1883," it is enacted as follows, that is to say : [See the section, ante, 244.] And by the one hundred and fourth section of the said Act it is further enacted as follows, that is to say : [See the section, ante, 245.] Be it enacted as follows : 80. (1.) If her Majesty is pleased by order in council to apply the provisions of the said one hundred and third section of the imperial act, called " The Patents, Designs, and Trade-Marks Act, 1883," to the Colony of Queensland, then any person who has applied for protection for any invention, design, or trade-mark in England, or in any foreign State with the government of which her Majesty has made an arrangement under the said section for mutual protection of inventions, designs, or trade-marks, or any of them, shall be entitled to a patent for his invention or to registration of his design or trade-mark (as the case may be) under this Act in priority to other applicants, and such patent or registration shall QUEENSLAND. 467 take effect from the same date as the date of the protection obtained in England or such foreign State, as the case may be : Provided, That his application is made in the case of a patent within twelve months and in the case of a design or trade-mark within six months from his applying for protection in England or the foreign Stato with which the arrangement is in force. [Proviso relative to trade-marks.] (2.) The publication in Queensland, during the respective periods aforesaid of any description of the invention, or the use therein during such periods of the invention, or the exhibition or use therein during such periods of the design, or the publication therein during such periods of a description or representation of the design, or the use therein during such periods of the trade- mark, shall not invalidate the patent which may be granted for the invention or the registration of the design or trade-mark. (3.) The application for the grant of a patent, or the registra- tion of a design, or the registration of a trade-mark under this sec- tion must be made in the same manner as an ordinary application under this Act. [Proviso relative to trade-marks.] (4.) The provisions of this section shall in the case of foreign States apply only in the case of those foreign States with respect to which her Majesty shall from time to time by order in council declare the provisions of the aforesaid section of the said imperial Act to be applicable, and so long only in the case of each State as the order in council shall continue in force with respect to that State. 81. (1.) Where it is made to appear to the Governor in Council that the legislature of any British possession has made satisfactory provision for the protection of inventions, designs, and trade-marks, or any of them, patented or registered in Queensland, the Governor in Council may from time to time, by order in council, apply all or any of the provisions of the last preceding section relating to the protection of inventions, designs, and trade-marks patented or registered in England, with such variations or additions, if any, as to the Governor in Council may seem fit, to inventions, designs, and trade-marks, or any of them, patented or registered in such British possession. (2.) An order in council under this section shall, from a date to be mentioned for the purpose in the order, take effect as if its provisions had been contained in this Act ; but it shall be lawful for the Governor in Council to revoke any such order in council. 468 FOREIGN LAWS. PART VI. GENERAL. PROCEEDINGS AT PATENT-OFFICE. 82. There shall be a seal for the patent-office, and impressions thereof shall be judicially noticed and admitted in evidence. 83. There shall not be entered in any register kept under this Act, or be receivable by the registrar, any notice of any trust expressed, implied, or constructive. 84. The registrar may refuse to recommend that a patent be granted for an invention, or to register a design or trade-mark, of which the use would, in his opinion, be contrary to law or morality. 85. Where a person becomes entitled by assignment, transmis- sion, or other operation of law, to a patent or to the copyright in a registered design, or to a registered trade-mark, the registrar shall on request and on proof of title to his satisfaction cause the name of such person to be entered as proprietor of the patent, copyright in the design, or trade-mark, in the register of patents, designs, or trade-marks, as the case may be. The person for the time being entered in the register of patents, designs or trade- marks as proprietor of a patent, copyright in a design, or trade-mark as the case may be, shall, subject to any rights appearing from such register to be vested in any other person, have power absolutely to assign, grant licenses as to, or otherwise deal with, the same, and to give effectual receipts for any consideration for such assignment, license, or dealing : Provided, That any equities in respect of such patent, design, or trade-mark may be enforced in like manner as in respect of any other personal property. 86. Every register kept under this Act shall at all convenient times be open to the inspection of the public, subject to such regu- lations as may be prescribed ; and certified copies, sealed with the seal of the patent-office, of any entry in any such register shall be given to any person requiring the same on payment of the prescribed fee. 87. Printed or written copies or extracts, purporting to be cer- tified by the registrar and sealed with the seal of the patent-office, of or from patents, specifications, disclaimers, and other documents in the patent-office, and of or from registers and other books kept QUEENSLAND. 469 there, shall be admitted in evidence in all courts of justice and in all proceedings without further proof or production of the originals. 88. (1.) The court may on the application of any person aggrieved by the omission without sufficient cause of the name of any person from any register kept under this Act, or by any entry made without sufficient cause in any such register, make such order for making, expunging, or varying the entry as the court thinks fit, or the court may refuse the application, and in either case may make such order with respect to the costs of the proceedings as the court thinks fit. (2.) The court may in any proceeding under this section decide any question that it may be necessary or expedient to decide for the rectification of a register, and may direct an issue to be tried for the decision of any question of fact, and may award damages to the party aggrieved. (3.) Any order of the court rectifying a register shall direct that due notice of rectification be given to the registrar. 89. The registrar may, on request in writing, accompanied by the prescribed fee (a.) Correct any clerical error in or in connection with an application for a patent, or for registration of a design or trade- mark ; or (b.) Correct any clerical error in the name, style, or address of the registered proprietor of the patent, design, or trade-mark ; or (c.) Cancel the entry or part of the entry of a trade-mark on the register : Provided, That the applicant accompanies his request by a statutory declaration made by himself, stating his name, address, and calling, and that he is the person whose name appears on the register as the proprietor of the said trade-mark. 90. (1.) The registered proprietor of any registered trade-mark may apply to the court for leave to add to or alter such mark in any particular, not being an essential particular within the meaning of this Act, and the court may refuse or grant leave on such terms as it may think fit. (2.) Notice of any intended application to the court under this section shall be given to the registrar by the applicant, and the registrar shall be entitled to be heard on the application. (3.) If the court grants leave, the registrar shall, on proof thereof and on payment of the prescribed fee, cause the register to be altered in conformity with the order of leave. 470 FOREIGN LAWS. 91. If any person makes or causes to be made a false entry in any register kept under this Act, or a writing falsely purporting to be a copy of an entry in any such register, or produces or tenders or causes to be produced or tendered in evidence any such writing knowing the entry or writing to be false, he shall be guilty of a misdemeanor. 92. Where any discretionary power is by this Act given to the registrar, he shall not exercise that power adversely to the applicant for a patent, or for amendment of a specification, or for registration of a trade-mark or design, without (if so required within the pre- scribed time by the applicant) giving the applicant an opportunity of being heard personally or by his agent. 93. The registrar may in any case of doubt or difiiculty arising in the administration of any of the provisions of this Act apply to the minister for directions in the matter. 94. A certificate purporting to be under the hand of the regis- trar as to an entry, matter, or thing which he is authorized by this Act, or any general rules made thereunder, to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left undone. 95. (1.) Any application, notice, or other document authorized or required to be left, made, or given at the patent-office or to the registrar, or to any other person under this Act, may be sent by a prepaid letter through the post, and if so sent shall be deemed to have been left, made, or given respectively at the time when the letter containing the same would be delivered in the ordinary course of post. (2.) In proving such service or sending it shall be sufficient to prove that the letter was properly addressed and put into the post. 96. Whenever the last day fixed by this Act, or by any rule for the time being in force, for leaving any document or paying any fee at the patent-office shall fall on Christmas Day, Good Friday, or on a Saturday or Sunday, or bank holiday, or any day observed as a day of public fast or thanksgiving, herein referred to as excluded days, it shall be lawful to leave such document or to pay such fee on the day next following such excluded day, or days, if two or more of them occur consecutively. 97. If any person is, by reason of infancy, lunacy, or other inability incapable of making any declaration or doing anything required or permitted by this Act or by any rules made under the QUEENSLAND. 471 authority of this Act, then the guardian or committee, if any, of such incapable person, or if there be none, any person appointed by any court or judge possessing jurisdiction in respect of the prop- erty of incapable persons, upon the petition of any person on behalf of such incapable person, or of any other person interested in the making such declaration or doing such thing, may make such declaration or a declaration as nearly corresponding thereto as cir- cumstances permit, and do such thing in the name and on behalf of such incapable person, and all acts done by such substitute shall for the purpose of this Act be as effectual as if done by the person for whom he is substituted. 98. (1.) The Governor in Council may from time to time make such general rules and do such things as they think expedient, sub- ject to the provisions of this Act (a.) For regulating the practice of registration under this Act ; (k.) For classifying goods for the purposes of designs and trade- marks ; (c.) For making or requiring duplicates of specifications, amend- ments, drawings, and other documents ; (wn, particulars in writing of their objections to the same ; otherwise they will be precluded from urging such objections. Given ilnder my hand, this day of , 18 . F. 8. [Attorney] General, Maequarie Street, Hobart Town. The following is the disclaimer [or, as the case may be] which I desire to make in, Ac. [ The applicant must here set forth what he wishes to enter, and the reasons for the disclaimer, and sign it.] Notice of Appointment of Commission. Patent for [insert the title\. Notice is hereby given that I have presented a peti- tion to His Excellency the Governor, praying for the confirmation of [or, extension of the term in, or, as the case may be] the said patent ; and that a commission has issued authorizing and requiring certain commissioners therein named to consider and report upon the subject to His Excellency the Governor, which said commissioners will meet for that purpose on the day of next, at o'clock in the noon at : All persons objecting to the said confirmation [or extension, or, <7.i the case may be] must enter a caveat against the same at the office of the registrar of patents, Hobart Town, not less than one week before the time named for the said meeting, otherwise they will be precluded from objecting to the said peti- tion. Dated this day of , 18 . A.S. FEKS. Fees on obtaining Patents. s. d. On depositing specification 2 10 To the law officer for any appointment 2 4 6 On obtaining letters patent 2 10 At or before the expiration of the third year 15 At or before the expiration of the seventh year 20 To the law officer with particulars of objections 2 4 6 On presenting petition for extension or confirmation 210 Every search and inspection 1 Entry of assignment or license 010 Certificate of assignment or license 10 Filing disclaimer or memorandum of alteration 2 10 Entering any caveat 2 10 Copy or extract of any writing per common law folio 6 From Carpm. Pat. L. of World, 535. See also, AUSTRALASIA. TRINIDAD. 667 TRINIDAD. Ordinance No. 25, of (September 2), 1867. An Ordinance enacted by the Governor of Trinidad, with the advice and consent of the Legislative Council thereof, for amending the Law for granting Patents for Invention. Be it it enacted by his Excellency the Governor, with the advice and consent of the Legislative Council, as follows : I. On delivery of declaration and specification, the registrar-gen- eral to issue certificate to inventor. The registrar-general, on an application by or on behalf of any person claiming to be the inven- tor within this colony of any invention, and on the delivery to such registrar-general of a declaration in writing according to the form in the schedule to this Ordinance, together with a specification signed by the applicant or his agent, particularly describing and ascertaining the nature of the invention and in what manner the same is to be performed, shall deliver to such person or his agent a certificate according to the form in the schedule to this ordinance, and a copy of such certificate shall be inserted by the registrar-gen- eral in the Royal Gazette. II. Specification may be open or if closed, opened in six months. Any specification of an invention may be delivered to the registrar- general, open or closed, in an envelope, with a note of the name of the invention to which the specification refers indorsed on such envelope, and signed by the applicant or his agent, and where any such specification shall be so delivered closed, the registrar-general shall, on the expiration of six calendar months from the day of granting the certificate, or at any earlier day, on the request of the applicant, his executors, administrators, or assigns, break the seal of such envelope and enregister the specification. III. Inventions to be duly recorded, and specifications numbered. The registrar-general shall number with a distinguishing number, and shall, in a book to be kept by him for that purpose, to be called The Book of Inventions, enter and record in its chronological order every such invention, and the Christian and surnames of the inven- tor, and the day of the date of the certificate of such invention, and shall cause every specfication to be marked with the distinguishing number of the invention to which the specification refers, and such 668 FOREIGN LAWS. Book of Inventions and such specifications shall be open to the inspection of the public. IV. Certificate to vest exclusive right for fourteen years. Every certificate granted under this ordinance shall vest in the applicant, his executors, administrators, or assigns, the sole right and benefit of using witbin this island the invention mentioned in such certifi- cate for and during the space of fourteen years next after the grant- ing of such certificate. V. Disclaimer may be entered. Any person who, as grantee, assignee, or otherwise, shall obtain a certificate under this ordi- nance, may, if he think fit, enter with the registrar-general a dis- claimer or disclaimers, of any part or parts of either the title of the invention or of the specification, stating the reason for such disclaimer, or may enter a memorandum of any alteration in suclx title of specification, not being such disclaimer or such altera- tion as shall extend the exclusive right vested by such certificate ; and such disclaimer or memorandum of alteration, being filed by the said registrar-general, shall be deemed and taken to be part of such specification in all courts whatever ; provided always, that no action shall be brought on any certificate in any case where any disclaimer or memorandum shall have been filed in respect of any infringe- ment committed prior to the filing of such disclaimer or memoran- dum of alteration. VI. Where the invention assigned, who may enter disclaimer. In case any person obtaining such certificate shall part with his or their whole or their part or any part of his or their interest by assign- ment to any other person or persons, it shall be lawful for the person obtaining such certificate, together with such assignee or assignees, if part only hath been assigned, and for the assignee or assignees, if the whole hath been assigned, to enter a disclaimer and memorandum of alteration under the powers of this ordinance ; and such dis- claimer and memorandum of such alteration, having been so entered and registered as in this ordinance mentioned, shall be valid and effectual in favor of any person or persons in whom the rights under the said certificate may then be or thereafter become legally vested; and no objection shall be made in any proceeding whatsoever on the ground that the party making such disclaimer or memorandum of such alteration had not sufficient authority in that behalf. VII. Disclaimer recorded, and note thereof indorsed on specifi- cation. The registrar-general shall cause every such disclaimer and memorandum to be entered in a book to be kept by him for TRINIDAD. 569 that purpose, and to be marked with the distinguishing number of the invention and specification to which such disclaimer or memo- randum shall refer, and shall indorse on the declaration and specifi- cation to which such disclaimer or memorandum shall refer a memorandum in writing of the date and entry of every such mem- orandum and disclaimer. VIII. Penalties for infringement of exclusive right. If any person shall, during the said term of fourteen years from the grant- ing of a certificate for an invention, directly or indirectly make, use, or put in practice the said invention, or any part of the same, or in anywise counterfeit or imitate the same, or make or cause to be made any addition or subtraction from the same, whereby to pre- tend himself the inventor thereof, without the license in writing of the inventor, his executors, administrators, or assigns, the inventor, his executors, administrators, or assigns, shall have and be entitled to such and the like remedies against such persons, both in law and in equity, as the grantee of any letters patent for any invention would be entitled to in the like case by the law of England. IX. Exclusive right to cease in certain cases. Provided always, that if at any time during the said fourteen years, it shall be made to appear that the said invention is not a new invention as to the public use and exercise thereof in this colony, or that the said inven- tion is prejudicial or inconvenient to the subjects of our Lady the Queen in general, then all privileges and advantages hereby granted to the inventor, his executors, administrators, and assigns, in respect of such invention, shall utterly cease, determine, and become void, anything hereinbefore contained to the contrary in anywise not- withstanding. X. Fees to be paid. There shall be paid to the registrar-general the several fees mentioned in the schedule to this ordinance, and such fees shall be paid over monthly by the registrar-general to the receiver-general for the use of the colony. Form of Declaration. I of declare that I am in possession of an invention for (state the title of the invention), which invention I believe will be of great public utility, and that the same is not in use by any person or persons in the Island of Trini dad to the best of my knowledge and belief, and that the instrument in writing under my hand herewith delivered particularly describes and ascertains the nature of tt said invention and the manner in which the same is to be performed. Signature. 570 FOREIGN LAWS. Form of Certificate. I, J. I! , Registrar General of the Island of Trinidad, do hereby certify that on the day of has been delivered to me by (or on behalf of the name ' and place of abode of the inventor), a declaration in writing, signed by the said of a certain invention whereof the said claims to be the inventor in this island, being an invention (&tale tlie name of tht invention), together with a specification (open or under seal, as the case may be,) describing the nature of the said invention, and the manner in which the same is to be performed. In witness whereof, I hare hereunto put my hand at Port of Spain, in the Island of Trinidad, this day of in the year one thousand eight hundred and Fees to be paid to 'he Registrar- General. .