Patent Act 1888 (WA)

'Meant attotratia.

ANNO QUINQUAGESIMO SECUNDO

VICTORI}E REGIN2E.

No. V.

AN ACT to amend and consolidate the Law re-

lating to Patents for Inventions.

[ Assented to, 26th November, 1888. ]

HEREAS it is desirable to amend and consolidate the law

WExcellency the Governor of Western Australia and its Depen-relating to Patents for Inventions: Be it enacted by His

dencies, by and with the advice and consent of the Legislative

Council thereof, as follows :—

1. THIS Act may be cited as "The Patent Act, 1888." Short title.

2.     THIS Act, except where it is otherwise expressed, shall Commencement.

come into operation on the first day of January, One thousand eight

hunched and eighty-nine.

requires a different meaning, the following words shall have the Interpretation, 3. FOR the purposes of this Act, and save so far as the context

meanings in this section assigned to them, namely :—

" The Registrar" shall mean the Registrar of Patents.

" The Court " shall mean the Supreme Court of this Colony.

" Prescribed "

2   52° VICTORTIE, No. 5.

Patents .for Inventions.

" Prescribed " shall mean prescribed by any of the schedules

to this Act, or by regulations under this Act.

"Examiner " shall mean any skilled person or persons to whom the Registrar .shall refer questions concerning Patents under this Act.

" Foreign vessel " shall mean vessel belonging to any other

state or colony.

4.      THE Patent Office shall be attached to the Department of

The Patent Office and

the Registrar of

the Registrar General, or to a branch of such Department, and shall

Patents.

be under the immediate control of the Registrar of Patents, who

shall be appointed by the Governor.

Provision for ab• 5. ANY act or thing directed to be done by or to the Registrar

Bence of Registrar.

may, in his absence, be done by or to any officer for the time being

in that behalf authorised by the Registrar General.

6.      THERE shall be a seal for the Patent Office, to be called

Seal of Patent Office.

" The Seal of the Patent Office," and impressions thereof shall be

judicially noticed and admitted in evidence.

ANY person, whether a British subject or not, may make an application for a patent, or two or more persons may make a joint application for a patent, and a patent may be granted to them

7.

Persons entitled to

apply for patent.

jointly.

(u) AN application for a patent 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, or in a form as like thereto as the circumstances will permit ; and must be left at the patent office in the prescribed manner.

Application and 8.

specification.

(2.) An application must contain a statutory declaration by

the applicant, or, in the case of a joint application, by one of the

applicants, to the effect that one or more of the applicants fs or are

in possession of an invention, whereof one or more of the applicants claims or claim to be the true and first inventor or inventors, or to which one or more of the applicants claims or claim to be entitled as legal representative or representatives. ey under a bequest in the will of the true and first inventor, and for which the applicant or applicants desires or desire to obtain a patent. The application must be accompanied by either a provisional or complete specifica- tion, and must state an address in Perth for the reception of notices and other communications with respect to the application or in- vention.

(3.) A provisional specification must describe the nature of

the invention, and be accompanied by drawings, if required.

(4•)

52° VICTORI}E, No, 5. 3

Patents for Inventions.

(4.) A complete specification, whether left on application or subsequently, must particularly describe and ascertain the nature of the invention, and in what manner it is to be performed, and must be accompanied by drawings, if required.

(5.) A specification, whether provisional or complete, must commence 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, if he think fit, refer any application to an examiner, who shall ascertain whether the nature of the	Registrar may
refer application to
invention has been fairly described, and the application, specifica-	examiner.
tion, and drawings (if any) have been prepared in the prescribed manner, and the title sufficiently indicates the subject-matter of the invention, and shall report thereon to the Registrar.

(I.) IF the examiner reports that the nature of the inven- tion is not fairly described, or that the application, specification, or tlrvitef';isfeorvngita

10.

drawings has not or have not been prepared in the prescribed or require amend-application

manner, or that the title does not sufficiently indicate the subject- ment•

matter of the invention, the Registrar may require that the appli-

cation, specification, or drawings be amended, before he proceeds

with the application.

(2.) Where the Registrar requires an amendment, the appli- cant may appeal from his decision to the Attorney General.

(s.) The Attorney General shall, if required, hear the appli- cant and the Registrar, and may make an order determining whether and subject to what conditions (if any) the application shall be accepted.

(k.) 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 specification bearing the same or a similar title, the Registrar,

if he think fit, may refer the question to an examiner, who shall

report to the Registrar whether the specification appears to •the examiner to comprise the same invention ; and, if lie reports in

the affirmative, the Registrar shall give notice to both applicants

that lie has so reported. Where the examiner reports in the

affirmative, the Registrar may determine, subject to an appeal to

the Attorney General, whether the invention comprised in both

applications is the same, and, if so, lie may refuse to seal a patent on

the application of the second applicant.

(i.) IF the applicant does not leave a complete specification with his application, lie may leave it at any subsequent tune within pieta specification. Timefor leavingcom-

11.

nine

4   52° VICTORLIE, No. 5.

Patents for Inventions.

nine months from the date of application, and the Registrar may, on payment of the prescribed fee, extend such time to ten months.

(2.) Unless a complete specification is left within nine months, or such extended time, the application shall be deemed to be abandoned.

12. (1.) WHERE a complete specification is left after a pro-

comparison of pro-

visional and corn-	visional specification, the Registrar may, if he think fit, refer both
plate specification.	specifications to an examiner for the purpose of ascertaining whether the complete specification has been prepared in the prescribed man- ner, 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 Attorney General.

(3.) The Attorney General shall, if required, hear the appli-

cant and the Registrar, and may make an order determining whether and subject to what conditions, if any, the complete specifi- cation shall be accepted.

(4.) Unless a complete specification is accepted within twelve

months from the date of application, or such extended time not exceeding fifteen months from the date of the application, as the Registrar on payment of the prescribed fee may allow, then (save in the case of an appeal having been lodged against the refusal to' accept) the application shall, at the expiration of the said twelve months, or such extended time, become void.

(5.) Reports of examiners shall 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 Attorney General 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

Advertisement on

Registrar shall advertise the acceptance in the Government Gazette

acceptance of com-

of Western Australia; and the application and specification or

plete specification.

specifications with the drawings (if any) shall be open to public

inspection.

14. (r.) ANY person may, at any time within two months from

Opposition to grant the date of the advertisement of the acceptance of a complete speci-

al patent. fication, give notice at the patent office of opposition to the grant o h

52" VICTORI1E, No. 5. 5

Patents for Inventions.

the patent on the ground of an 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 speci- fication appeared 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 may require

the applicant to give security to an amount not exceeding Twenty- five pounds for the costs of the opposition; and if the security so required is not given within the said two months, the opposition shall lapse.

(3.) Where such notice and such security, if required, is

given, the Registrar shall give notice of the opposition to the applicant, and shall, on the expiration of the said 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 Attorney General.

(4.) The Attorney General shall, on such appeal, hear the

applicant and any person so giving notice and being, in the opinion of the Attorney General, entitled to be heard in opposition to the. grant, and shall determine whether the grant ought or ought not to be made.

(5.) The Attorney General may, if he thinks fit, obtain the

assistance of an expert, who shall be paid such remuneration as

the Attorney General shall determine.

(6.) The Attorney General or the Registrar, as the case may

be, may, after decision, make such order as may be thought fir for the payment of costs by the applicant to the party giving notice

or vice versa, and such order may be made a rule of the (,ourt on an

application ex parte.

15. WHERE an application for a patent has been abandoned,

or become void, the specification or specifications and drawings(if SPecifi"ti"s'1""not to be published

ally) accompanying or left in connection with such application shall unless application

not at any time be open to public inspection or be published by the accepted.

Registrar.

18. (r.) IF there is 110 opposition, or, in the case of opposition, Sealing of patent.

if the determination is in favor of the grant of a patent, the Registrar shall cause a patent to be sealed with the seal of the Patent Office.

(2.) A patent shall be sealed as soon as may lie, and not

after

6   5'27 VICTORUE, No.

Patents for Inventions.

after the expiration of fifteen months from the date of application,

except in the cases hereinafter mentioned, that is to say

Where the sealing is delayed by an appeal to the At-

(a.)	torney General, or by opposition to the grant of the grant of the patent, the patent may be sealed at such time as the Attorney General may direct.
If the person making the application dies before the
(b.)	expiration of the fifteen months aforesaid, the patent may be granted to his legal representative and sealed at any time within six months after the death of the ap- plicant.

(c.) Where the Registrar has extended the time for leaving

Or the time for accepting the complete specification, or

both such times, the total period. of time so extended shall be added to the period of fifteen months above provided.

17. EVERY patent shall be in duplicate, and one duplicate

Date of patent. shall be deposited in the Patent Office, and every patent shall be dated and sealed as of the day of the application: Provided that no proceedings 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 invention, the sealing of a patent on one of those applications shall not prevent the sealing of a patent on an earlier application.

Provisional Protection..

Provisional 18. WHERE an application for a patent in respect of an protection. invention 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.

19. AFTER the acceptance of a complete specification, and

Effect of acceptance until the date of sealing a patent in respect thereof. or the expiration

of complete specifica- of the time for sealino. the aprivilegespplicant shall have the like privile

ilea. b'

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.

52° VICTORI 7E, No. 5. 7

Patents for Inventions.

Patent.

20. A PATENT may be granted to several applicants jointly, Power to grant jointly

although some or one of them only are or is the true and first Itriotulthssoioi notsome mnetglLtees

are inventors.

inventors or inventor.

21.      EVERY patent, when sealed, shall have effect throughout Extent 'of patent.

the Colony of Western Australia.

22.     (1.) THE term limited in every patent for the duration Term of patent.

thereof shall be fourteen years from its date.

(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.

(s.) If, nevertheless, in any case, by accident, mistake, or inadvertence, a patentee fails to make any prescribed payment within die prescribed time, he may apply to the Registrar for an enlargement of the time for making that payment.

(a..) Thereupon the Registrar shall, if satisfied that the failure has arisen from any of the above-mentioned causes, on receipt of the 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 six months:

(b.) If any proceeding shall be taken in respect of an in- 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. fringement of the patent committed after a failure to

Amendment of Speccation.

23.    (1.) AN applicant or a patentee may, from time to time, by Amendment of speei-

request in writing left at the Patent Office, seek leave to amend his ficatiom

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 Government Gazette, 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 maldng the request, and shall

hear

8   52" ICTORIE, No. 5.

Patents for Inventions.

hear and decide the case, subject to an appeal to the Attorney

General.

(d..) The Attorney General shall, if required, hear the person making the request and the person so giving notice, and being, in the opinion of the Attorney General, entitled to be heard in opposi- tion 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 giving 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 person making the request may appeal from his decision to the Attorney General.

(7.) The Attorney General 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 amen went ought to be allowed.

(8.) No amendment shall be allowed that would make the specification, as amended, claim an invention substantially larger than or substantially different from the invention claimed by the specification 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.

(no.) The foregoing provisions of this section do not apply when and so long as any action for infringement or other legal pro- ceeding in relation to a patent is pending.

24.       IN an action -for infringement of a patent, awl in a pro-

Power 0 disclaim	ceeding for revocation of a patent, the Court or a Judge may order
part of invention	that the patentee shall, subject to such terms as to costs and

dun ii etiow C.

otherwise as the Court or a Judge may impose, be at liberty to apply at the Patent Office for leave to amend Ins specification by way of disclaimer, and may direct that in the meantime the trial or hearing of the action shall be postponed.

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 estab- lishes to the satisfaction of the Court that his original claim was framed in good faith and with reasonable skill and knowledge.

Pdriction on 25.

ree ov„7 o f damages .

52° VICTORI.X, No. 5. 9

Patents for Inventions.

26. EVERY amendment of a specification shall be advertised Advertisement of

la the Government Gazette of Western Australia. amendment.

Compulsory Licenses.

27. 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	Power for Governor
to order grant of
to grant licenses on reasonable terms	licenses.

(a.) The patent is not being worked in this 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 invention and the circumstances of the case, may deem just,

and any such order may be enforced by mandamus.

Register of Patents.

28. (i .) THERE shall be kept at the Patent Office a book Reg ister of patents.

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 tilde evidence

of any matters by this Act directed or authorised to be inserted

therein.

(3.) Copies of deeds, licenses, and any other documents

affecting the proprietorship in any letters patent or in any license thereunder, must be supplied to the Registrar in the prescribed manner for filing in the Patent Office.

Fees.

29.      THERE shall be paid, in respect of the several matters Fees in schedule.

and things described in the Second Schedule to this Act, the fees in that schedule mentioned ; and such fees shall be levied and paid to the credit of the general revenue of the Colony.

Extension of Term of Patent

30. (i.) A PATENTEE may, after advertising in manner

directed by any rules made under this section his intention to do so, Extension of term of patent on petition to

present a petition to the Governor in Council, praying that his the Governor in

patent may be extended for a further term; but such petition must council.

be

10   VICTORIIE, No. 5.

Patents for Inventions.

be presented at least six months before the time limited for the

expiration of the patent.

(2.) Any person may enter a caveat, addressed to the Clerk

of the Executive Council at the Council Office, against the exten-

sion.

(3.) If the Governor in Council shall be pleased to refer any

such petition to the Supreme Court, the Court shall proceed to con- sider 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 petition.

(4.) The Court shall, in considering their decision, have re- gard to the nature and merits of the invention in relation to the public, to the profits made by the patentee as such, and to all the circumstances of the case.

(5.) If the Court report that the patentee has been inade-

quately remunerated by his patent, it shall be lawful for the Gover- nor 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 Governor in Council 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 patent matters of the Court.

(7.) The costs of all parties of and incident to such proceed- ings shall be in the discretion of the Court ; and the orders of the Court respecting costs shall be enforceable in like manner as other orders of the Court.

Revocation.

Revooation of 31. (I NO proceeding by seire lacias to repeal a patent shall

be taken.

(2.) Revocation of a patent may be obtained on petition to

the Court.

(3.) Every ground, on which a patent might, at the commence-

ment of this Act, be repealed by scire :Indus shall be available by way of defence to an action for 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 authorised by the Attorney General:

52° VICTORT2E, No. 5. 11

Patents for Inventions.

(e.) 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:

(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 this 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.

(6.) 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 impeaching 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 bearing the same date as the date of the revoca- tion 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.

Crown.

32. A PATENT shall have to all intents the like effect as Patent to bind

against Her Majesty the Queen, Her heirs and successors, as it has	Crown.
against a subject, excepting always that the officers or authorities ad- ministering any department of the service of the Crown may, by themselves, their agents, contractors, or others, at any time after the application, use the invention for the services of the Crown on terms
to be before or after the use thereof agreed on, with the approval of
the head of the department, between those officers or authorities and the patentee, or, in default of such agreement, on such terms as may be settled by the Court after hearing all parties interested.

Legal Proceedings.

33. (1.) IN an action or proceeding for infringement or revoca- Hearin, with asses.

tion of a patent, the Court may. if it think fit, or on the request of sou.

either

52° VICTORLE, No. 5.

Patents ,for Inventions.

either of the parties to the proceeding, call in the aid of an assessor specially qualified, and try and hear the case wholly or partially with Ins 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.

34. (1.) IN an action for infringement of a patent, the plaintiff

Delivery

tieniars.	must deliver with his statement of claim, or, by order of the Court or a Judge, at any subsequent time, particulars of the breaches com- plained of.
(2.) The defendant must deliver with his statement of de- fence, or, by order of the Court or a Judge, at any subsequent time, particulars of any objections on which lie relies in support thereof
O.) If the defendant disputes the validity of the patent, the particulars delivered by him must state on what grounds he disputes it, and if one of those grounds is want of novelty must state the time and place of the previous publication or user 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 parti- culars delivered by the plaintiff and by the defendant; and they respectively shall not be allowed any costs in respect of any particu- lar 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.

35. IN an action for infringement of a patent, the Court or a

inspection, Judge may, on the application of either party, make such order for

ke. . e 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.

36. IN an action for infringement of a patent, the Court or a

Certificate oE validity Judge may certify that the validity of the patent came in question ; thereonquestioned and costs and if the Court or a Jud ge 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 lie ought not to have the same.

37,

or VICTORIA), No. 5. 13

Patents for liventions.

37. WHERE any person claiming to be the patentee of an Remedy of

invention, by circulars, advertisements, or otherwise, threatens any l ili ease of

other person with any legal proceedings or liability in respect of legal proceedings.

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 infringement of any legal rights of the person making such threats: Provided that this section shall not apply if the person making such threats with clue diligence commences and prosecutes an action for infringement of his patent.

Miscellaneous.

38.      IT shall be lawful for the Registrar, with the sanction Licensed patent

of the Governor, to license fit and proper persons to be patent agents.

agents for transacting business under the provisions of this Act, and, upon proof to the Registrar satisfaction of the malfeasance or incapacity of any such licensed patent agent, or on non-payment of any annual fee for any such license, as prescribed by the Second Schedule hereto, and with such sanction as aforesaid, to revoke any such license.

39.      EVERY patent may be in the form in the First Schedule Patent for ono inven-

to this Act, and shall be granted for one invention only, but may m oll only.

contain 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.

40.     (1.) IF a person possessed of an invention for which he is Patent on application

entitled to obtain a patent dies . without making application for a of representative of

patent -for the invention, application may be made by, and a patent deceased inventor.

for the invention granted to, the legal representative of the inventor, or to any person to whom the inventor may have bequeathed or assigned the right to obtain the patent.

(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 be the true and first inventor of the invention.

A PATENT granted to the true and first inventor shall not be invalidated by an application ill fraud of him. or by provisional tipoayteinttotto invalidated fis n sie n-

41.

Protection obtained thereon, or by am' use or publication of the by application in

of him.

invention subsequent to that fraudulent application during the period fraud

of provisional protection.

14  52" ITIO'FORI1E, No. 5.

Patents for Inventions.

A PATENTEE may assign his patent for the whole of the

Assignment of patent 42.

for particular place.	Colony or any place in or any part thereof.
IF a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the Registrar, the Registrar may at any time cause a triplicate thereof to be sealed and delivered to the person entitled thereto.

Loss or destruction	43.
of patent.
44.

FOR the purpose of any application or opposition or other matters requiring the decision of the Registrar or the Attorney- General, they or either of them may, and at the request of any party to be heard shall, issue summonses under the seal of the Patent Office for the attendance of witnesses, and may examine witnesses on oath and administer oaths for that purpose under this part of the Act, and every witness so summoned shall be bound to attend at the time and place mentioned in such summons on being paid his expenses according to the scale for the time being allowed to w;t- nesses on trials in local courts, and to continue in attendance until

Witnesses may be

summoned.

See Imperial Patent

the matter shall have been disposed of, and to produce any docu-

Act, issa, s. 38.

ment ill his power, possession, custody, or control which he shall by

such summons be required to produce.

45.       THE Attorney-General may from time to time make, alter,

Proceedings and and rescind rules regulating references and appeals to the Attorney-

costs before Attorney b

Genoml. General, and the practice and procedure before him under this part of this Act ; and in any proceeding before the Attorney-General under this part of this Act, he may order costs to be paid by either party, and any such order may be made a rule of the Court.

THE exhibition of an invention at an industrial or inter-

Exhibition at Indus- national exhibition, certified as such under the hand of thetrial or international 46.

exhibition not to pre Registrar, or the publication of any description of the inven- judice patent rights. tion during the period of the holding of the exhibition, or

the use of the invention for the purpose 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 consent of the inventor, shall not prejudice the right of the inventor or his legal personal representative to apply for and obtain provisional protection and a patent in respect of the invention or the validity of any patent granted on the appli- cation, provided that both the following conditions are complied with, namely :

(f.) The exhibitor must, before exhibiting the invention, give the Registrar the prescribed notice of his intention to do so ; and

(b.)

52° VICTORIA, No. 5. 15

Patents for Inventions.

(b.) The application for a patent must be made before or

within six months from the date of the opening of the

exhibition.

47 , WHERE the invention is one which admits of being Lefs

represented by a model, the Registrar may require the patentee	paymen t.
to furnish him with a model of the 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 Attorney General.

48. (r.) THE inventor of any improvement in instruments or munitions of war, his executors, administrators, or assigns (who are Assignment to

in this section comprised in the expression the inventor) may (either Cooll	e	.	toan in	ilialSveceir	ileitoari	iisy of	.
for or without valuable consideration) assign to the Colonial Secre- tarv_ on behalf of Her Majesty, all the benefit of the invention and of any patent obtained or to be obtained for the same; and the Colonial Secretary may be a party to the assignment.

(2.) The assignment shall effectually vest the benefit of the

invention and patent in the Colonial Secretary on behalf of Her Majesty, and all covenants and agreements therein contained for keeping the invention secret and otherwise shall be valid and effectual (notwithstanding any want of valuable consideration), and may be enforced accordingly by the Colonial Secretary for the time being.

(3.) Where any such assignment has been made to the Colonial Secretary he may at any time before the application for a patent for the invention, or before publication of the specification or specifications, certify to the Registrar his opinion that, in the interest of the public service, the particulars of the invention and of the manner in which it is to be performed should be kept secret.

(4.) If the Colonial Secretary so certifies, the application and specification or specifications, with the drawings (if any), and any amendment of the specification or specifications, and any copies of such documents and drawings, shall, instead of being left in the ordinary manner at the Patent Office, be delivered to the Registrar in a packet sealed by authority of the Colonial Secretary.

(5.) Such packet shall, until the expiration of the term or

extended term during which a patent for the invention may be in force, be kept sealed by the Registrar, and shall not be opened save under the authority of an order of the Colonial Secretary, or of the Attorney General.

(6.) Such sealed packet shall be delivered at any time during

the continuance of the patent to any person authorised by writing under the hand of the Colonial Secretary to receive the same, and shall, if returned to the Registrar, be again kept sealed by him.

(7.)

16   52" VICTORI2E, No. 5.

Patents for Inventions.

(7.) On the expiration of the term or extended term of the

patent, such sealed packet shall be delivered to any person author- ised by writing under the hand of the Colonial Secretary to receive it.

(8.) Where the Colonial Secretary certifies as aforesaid, after

an application for a patent has been left at the Patent Office, but before the publication of the specification or specifications, the application, specification, or specifications, with the drawings (if any), shall be forthwith placed in a packet sealed by authority of the Registrar, and such packet shall be subject to the foregoing provisions respecting a packet sealed by authority of the Colonial Secretary,

Op No proceeding by petition or otherwise shall lie for revocation of a patent granted for an invention in relation to which the Colonial Secretary has certified as aforesaid.

(to.) No copy of any specification or other document or drawing, by this section required to be placed in a sealed packet, shall in any manner whatever be published or open to the inspection of the public, but save as in this section otherwise directed, the pro- visions of this part of this Act shall apply in respect of any such invention and patent as aforesaid.

(11.) The Colonial Secretary may, at any time by writing under his hand, waive the benefit of this section with respect to any particular invention, and the specifications, documents, and drawings shall be thenceforth kept and dealt with in the ordinary way.

(12.) The communication of any invention for any improve-

ment in instruments or munitions of war to the Colonial Secretary or to any person or persons authorised by him to investigate the same or the merits thereof, shall not, nor shall anything done for the purposes of the investigation, .be deemed use or publication of such invention so as to prejudice the grant or validity of any patent for the same.

49. NO person shall receive a patent or an instrument in the

Holder or assignee nature of letters patent under this Act for an invention or discovery of patents obtained winch has been previousl y patented in Great Britain or any otherin other countries

may obtain letters of country, but it shall be lawful for the Governor in Ins discretion, on registration. the application of any person being the holder or assignee of any

patent granted or issued in Great Britain or any other country for any new discovery or invention, and upon such proof as the Governor may deem sufficient. that such person is the born? fide holder or assignee of the Bahl patent, and that the same is in full force, awl upon payment to the Colonial Treasurer of the sum of Fifteen pounds, to grant letters of registration under the seal of Western Australia to the holder of such patent as aforesaid or his

assignee

52° VICTORliE, No. 5. 17

Patents for Inventions.

assignee, and such letters of registration shall be deposited in the Patent Office, and shall be deemed to be letters patent issued under this Act for such invention or improvement, and shall have the same force and effect as letters patent issued thereunder ; and shall inure to the benefit of the holder during the continuance of the original patent in the country in which it was issued or granted, and no longer, and all the provisions of this Act shall apply to such letters of

registration in the same way mutates mutandis, and as fully as to letters

patent or an instrument in the nature of letters patent issued under

this Act.

50.      THE Governor may make regulations for carrying into

effect the provisions of this Act, and for regulating the amount, rGe=„rY make

collection, and disposal of the fees in the schedules hereto, and may

also from time to time rescind, alter, or vary any such regulations.

All such regulations shall, upon publication in the Government Gazette

of Western Australia, be in force and effect. A copy of every such regulation shall be laid upon the table of the Legislative Council within fourteen clays from the issue thereof, or, if the Legislative Council be not sitting, then within fourteen days after the com- mencement of the next ensuing session. Provided that, until such regulations be made, the fees in the Schedule to this Act contained shall be the fees payable in respect of the matters to which they are respectively applicable.

THE Act intituled " An Act to regulate Grants of Patents for Inventions in the Colony of Western Australia Reeal of 36 Vied.,

51.

" is hereby 1. Nop

repealed, but without prejudice to the past operation thereof, or to

any letters patent lawfully granted or assigned thereunder.

52. THE Act 50 Viet., No. 5, is hereby repealed in so far as Partial v etNo 5) repeal of 50

it relates to Patents and the Officer therein described as Registrar , r istra

of Patents, Designs, and Trade Marks shall be and be called

Registrar of Designs and Trade Marks.

53. NOTHING in this Act shall take away, abridge, or preju- saving vulg. for pre-

dicially affect the prerogative of the Crown in relation to the grant- I•ogative.

ing of any letters patent or to the withholding of a grant thereof.

In the name and on behalf of the Queen I hereby assent

to this Act.

F. NAPIER BROOME, Governor.

SCHEDULES.

18   52° VICTORIX, No. 5.

Patents for Inventions.

SCHEDULES.

The First Schedule (Section 8).

FORMS OF APPLICATION, &c.

FORM A.

Form of Application for Patent.

(a) Here insert name, I, ((L) of in

address, and calling of do solemnly and sincerely declare that I am in possession

inventor.	of an invention for (b)	that I am the true and first
b) Here insert title of •

invention.	inventor thereof ; and that the same is not in use by any other person or persons to the hest of my knowledge and belief ; and I humbly pray that a patent may be granted to me for the said invention.
And I make the above solemn declaration conscientiously believing the same to be true, etc.

(c) Signature of invent. (c)

Declared at , this day of 18 .

Before me,

(4) Signature and title	(d)
whom the declaration

of the officer before Justice of the Peace.

is made. [horn.—This declaration must be accompanied by the statement of au address in the city of Perth in Weston, Australia for the reception of all notices and other communications with respect to the application or invention.]

FORM B.

Form of Provisional Specification.

(a) Hero insert title as (a)

in declaration.

(b) Here insert name, (b) , of , in

address, and calling of	, do hereby declare the nature of my invention for
inventor as in declaim.

tion.	to be as follows (c):—
(e) Here insert short
description of inven-
tion.

(d) Signature of invent. (d)

Dated this day of , 18 .

FORM C.

Form of Complete Specification.

(r) Here insert title as (a)

in declaration.	I, (b)	of	in
(I) Here insert name, of
address, and calling of	do hereby declare the nature of my invention for

inventor as in declara-	and in what manner the same is to be performed, to be
tion.

(e) Here insert fall des•

particularly described and ascertained in and by the following statement (c) :—

criptiou of invention.

Having now particularly described and ascertained the nature of my said in-

vention and in what manner the same is to be performed, I declare that what I

ly the features of nov-	(d) Here state distinct- claim is (c1)•
city claimed. 1.

2.

3, &c.,

(c) Signature of e

or. (e)

Dated this day of 18 .

Form D.

52° VICTORI}E, No. 5, 19

Patents for Inventions.

Fon D.

Form of Patent.

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 of , in

, hath by his solemn declaration represented unto us that he is in osssesion of an invention for that he is the true and first inventor thereof, and that the same is not in use by any other person to the best of his knowledge and belief :

And whereas the said inventor hath humbly prayed that we would be graci- ously pleased to grant unto him (hereinafter together with his executors, adminis- trators, and assigns, or any of them, referred to as the said patentee) our Royal Letters Patent for the sole use and advantage of his said invention :

And whereas the said inventor bath by and in his complete specification particularly described the nature of his invention :

And whereas we being willing to encourage all inventions which may be for the public good, are graciously pleased to condescend to his request :

Know ye, therefore, that we of our especial grace, certain knowledge, and mere motion do by these presents, for us, our heirs and successors, give and grant unto the said patentee our especial license, full power, sole privilege, and authority, that the said patentee by himself, his agents, or licensees, and no others, may at all times hereafter, during the term of years herein mentioned, make, use, exercise, and vend the said invention within in such manner as to him or them may seem meet, and that the said patentee shall have and enjoy the whole profit and advantage from time to time accruing by reason of the said invention, during the term of fourteen years from the date hereunder written of these presents : and to the end that the said patentee may have and enjoy the sole use and exercise and the full benefit of the said invention, we do by these presents for us, our heirs and successors, strictly command all our subjects whatsoever within that they do not at any time during the continuance of the said term of fourteen years, either directly or indirectly, make use of or put in practice the said invention, or anv part of the same, nor in anywise imitate the same, nor make or cause to be made any addition thereto or subtraction therefrom, whereby to pretend themselves the inventors thereof, without the consent, license, or agreement of the said patentee in writing under his hand and seal, on pain of incurring such penalties as may be justly in- flicted on such offenders for their contempt of this our Royal command, and of being answerable to the patentee according to law for his damages thereby occasioned : Provided that these our letters patent are on this condition, that, if at any time during the said term it be made to appear to us, our heirs or succes- sors, or to our Supreme Court 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 within

or that the said patentee is not the first and true inventor thereof within this

as aforesaid, these our letters patent shall forthwith determine,

and be void to all intents and purposes, notwithstanding anything hereinbefore

contained Provided also, that if the said patentee shall not pay all fees by law

required to be paid in respect of the grant of these letters patent, or in respect of

any matter relating thereto at the time or times, and in manner for the time

being by law provided; and also if the said patentee shall not supply or cause to

to be supplied, for our service all such articles of the said invention as may be

required by the officers tor commissioners administering any department of our

service in such manner, at such times, and at and upon such reasonable prices and

terms as shall be settled fm manner for the time being by law provided, then, and

in

20   52° VICTORUE, No. 5.

Patents for Inventions.

in any of the said cases, these our letters patent, and all privileges and advantages whatever hereby granted shall determine and become void notwithstanding any- thing hereinbefore contained: Provided also, 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 patentee that these our letters patent shall be construed in the most beneficial sense for the advantage of the said patentee. In witness whereof we have caused these our letters to be made patent this

one thousand eight hundred and and to be sealed as of

the said one thousand eight hundred and

/ &5*t ,„nt

The Second Schedule (Section 29).

Fees to be paid in respect of the several matters hereunder specified :—

<2 s. d.

For every application for a patent accompanied by a provisional

specification only ... ... ... ... 1 10 0

... ...

Examiner's fee on reference of application with provisional

specification, not exceeding ... ... ... ... ... 3 3 0

For every application for a patent accompanied by a complete

...

... ... ... ... ... 4 0 0

Examiner's fee on reference of complete specification, not	specification...
exceeding... .. ... ... ... ... ... 3 3 0

On extending the time for leaving complete specification	...	0	5	0
On extending the time for acceptance of complete specification	0	5	0

On every patent before the expiration of four years from its

date... ... ... ... . 4 0 0

And before the expiration of seven years 4 0 0

On filing every amended or substituted specification	...	1	0	0
On notice of opposition to grant of patent	0 10	6

On every summons to witness .. ... 0 5 0

On hearing of every opposed application 1 0 0

On extension of patent ... ... ... 20 0 0

On filing every disclaimer or memorandum of alteration .. 1 10 0

For every office copy (including the seal) per folio of seventy-

twowords ... ... ... ... 0 0 6

On filing every certificate voiding a patent	•.•	0	5	0
On deposit of any assignment, deed, license, or other document

affecting proprietdrship of patent ... • • • 2 0 0

On delivering triplicate patent after loss, etc. .. ••• 2 0 0

On every search, including inspection ... 0 2 6

Annual fee for license to patent agent ... ... 2 10 0

Oertified copies or extracts sealed with the seal, at per folio	...	0	1	0
For every matter or thing not above provided for	0	5	0

Third Schedule (Section 30).

Attorney General settling letters of registration 1 3 6

Crown Solicitor ... 1 1 0

By Authority: RICHARD PETHER, Government Printer, Perth.