Inventions Registration Act 1852 No 24a (NSW)

No. XXIV.

An Act to authorize the Governor General wi th the advice of the Execut ive Council to grant Let ters of Registrat ion for all inventions and improvements in the Arts or Manufactures to have the same effect as Let ters Pa ten t in England so far as regards this Colony. [6th December, 1852.]

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 Governor of New South Wales with the advice and consent of the Legislative Council thereof as follows:—

1. From and after the passing of this Act it shall and may be lawful for His Excellency the Governor 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 proceed­ ings shall have been taken by such author or authors or designer or designers respectively as are in that behalf hereinafter mentioned.

2. 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 hereinbefore 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 has deposited with the Colonial 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 Letter of Registration shall within three days after the granting thereof be registered in the proper office in the Supreme Court otherwise such Letter of Registration shall be void and of no effect.

3. Every grantee of such Letter of Registration shall be at liberty to assign the same and all the benefits and advantages derivable therefrom

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.

4. 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 hereinbefore mentioned.
5. 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.

6. 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 notification shall be sufficient evidence of such approbation.