Patent Act (Amendment) Act 1892 (WA)

&Ream Anatolia.

ANNO QUINQUAGESIMO QUINT°

VICTORIA, REGINA).

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No. XV.

AN ACT to amend " The Patent Act, 1888."

[Assented to, i gth March, 16'92.]

BE it enacted by the Queen's Most Excellent Majesty, by and

Preamble.

with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parlia- ment assembled, and by the authority of the same, as follows:-

1. THE forty-ninth section of " The Patent Act, 1888," is hereby repealed.

Repeal.

(i.) THE Governor in Council, on the application of any person being the holder or assignee of any Letters Patent granted or

Holder or assignee of

patent obtained in other countries may

issued in Great Britain or any other country or colony for any new

obtain Letters of

invention or discovery, and upon such proof as he may by regu-

Registration.

lations require, and until such regulations shall be made as he may

deem sufficient, that such person is the bond fide holder or assignee

thereof, and that the same are in full force, and upon payment of

the sum of Ten pounds may grant Letters of Registration under

the Seal of the Colony of Western Australia to such applicant.

( 2 .) Such Letters of Registration shall be in the form con-

tained in the Schedule to this Act or to the like effect, and shall

55° ITICTORLE, No. 15.

The Patent Act (Amendment), 1892.

have the same force and effect as Letters Patent granted under " The Patent Act, 1888," and shall enure to the benefit of the grantee thereof, his executors, administrators, and assigns, during the continuance of the original Letters Patent in the country or colony where the same were granted or issued, and no longer ; and all the provisions of " The Patent Act, 1888," shall apply to such Letters of Registration in the same way, mutatis mutandis, and as fully as to Letters Patent granted under the said Act. •

( 3 .) A copy of all such Letters of Registration shall be filed

in the Patent Office.

.) A PATENT shall not prevent the use of an invention for the purposes of the navigation of a foreign vessel within the juris- diction of the Supreme Court of Western Australia, 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 preparation of anything intended to be sold in or exported from Western Australia.

Foreign vessels in 3.

Colonial waters.

(2.) But this section shall not extend to vessels of any foreign state of which the laws authorise subjects of such foreign state hav- ing 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 foreign state or in the waters within the jurisdiction of its courts, when such inventions are not so used for the manufacture or preparation of anything intended to be sold in or exported from the territories of such foreign state.

ern. 4. LETTERS of Registration granted after the passing of this

:m .ffing toain fee ffi of £15. cati°ns Act upon an application pending at the time of the passing of this Act shall be subject to the fee prescribed by the forty-ninth section of " The Patent Act, 1888," hereby repealed. 5.

5.     THIS Act and " The Patent Act, 1888," shall be read to-

illeorpo io gether as one Act.

Short title. 6. THIS Act may be cited as " The Patent Act (Amendment),

1892."

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

to this Act.

ALEX. C. ONSLOW, Administrator.

55° VICTORLE, No. 15.

The Patent Act (Amendment), 1892.

S C TT .

WESTERN AUSTRALIA. No.

LETTERS OF REGISTRATION.

Granted under the provisions of "'Tee Patent Act (Amendme nt), 1692."

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

hereinafter called the Petitioner humbly represented unto Us

that the holder of certain Letters Patent granted or issued in

for a certain new discovery or invention, to wit

which said letters bear date the day of One thousand eight

hundred and and that such patent right is now the exclusive property of the said Petitioner And whereas the said Petitioner deposited in the Patent Office of Western Australia a certified copy of the said Letters and of the specification or drawings therein referred to more particularly describing the nature of the said invention And whereas the said Petitioner furnished Us with such proof as We have deemed sufficient that the said Petitioner

the bond fide holder of the said Letters and that the same are in full force in

for the term of years from the date of the said Letters

and paid into the Patent Office the sum of Ten Pounds And whereas the said Petitioner by petition humbly prayed that We would grant Letters of Registration for the said invention, and We have acceded to the Petitioners request; Iiisow YE therefore that We, in pursuance of the powers conferred upon Us by an Act of the Parliament of the said Colony of Western Australia in that hehalf made and provided, Have given and granted, and by these presents DO give and grant unto the said Petitioner the sole privileges and especial license full power and authority that the said Peti- tioner Executors, Administrators, and Assigns from time to time and at all times hereinafter during the period hereinafter set forth, shall and lawfully may make use of, and exercise, and vend the said invention within the said Colony of Western Australia To have, and to hold, exercise, and enjoy the said licenses, powers, privileges, and advantages hereinbefore granted unto the said Petitioner

Executors, Administrators, and Assigns, during the continuance of the said Letters Patent, and according to the Law in such case made and provided. PROV/DED ALWAYS, and these Letters are and shall be upon this condition, that if at any time during the said term hereinbefore expressed it shall be made to appear to Her Majesty Queen Victoria, Her Heirs or Successors, or to the Governor of the said Colony, that this grant is contrary to law, or that the said invention is not a new invention as to the public use and exercise thereof,

or that the said Petitioner not the bond fide holder of the said

Letters Patent or not accurately described and represented the nature of the said invention or shall not supply or cause to be supplied for the service of Her said Majesty, Her Heirs or Successors, in the said Colony, all such articles of

55° VICTORI1E, No. 15.

The Patent Act (Amendment), 1892.

the said invention as shall be required for the use of Her said Majesty in the said Colony in such manner, at such times, and at and upon such reasonable prices and terms as shall be settled for that purpose by the Governor of the said Colony, that then, and in any of the said cases, these Letters and all liberties and advantages whatsoever hereby granted shall utterly cease and determine, and become void ; And lastly, We do by these presents grant that these Letters shall be in and by all things good, firm, valid, sufficient and effectual in the law according to the true intent and meaning thereof. I N WITNEss whereof We have caused these Letters to be sealed with the seal of the Colony of Western Australia, this day of in the year of Our Lord One thousand eight hundred and ninety

Governor, etc., of Western Australia.

By Authority : RICHARD PETHER, Government Printer, Perth.