Patents Act 1859 (SA)

ANNO VICESIMO SECUNDO ET VICESIMO TERTIO

[Assented to, 1st September, 1859.1

HEREAS it is espcdicnt that the exclusive benefit of inventions Preamble.

and improvements in the arts or nlanufactures should be securecl, for limited periods, to the author or authors, or designer or ttesigners thereof, or to his or their agents or assignees, and that such object should be attaiuahle without its being necessary to apply to Parliament in each case: Be it therefore enacted, by thc Govcrnor- in-Chief of the Province of South Australia, with the advice and consent of the 1,cgislativc Council and House of Assembly of the said Province, in this present Parliament asscmnhled, as follows-

1. From and after the passing of this Act, i t shall be lawful g ~ !: ; ~ & ~ ~ ", ,

for the Governor, with the advice of the Executive Council, to grant for a period ofnotlcsa

letters of registration, under his sign manual and the seal of the thaI, fourteen years, than Bcven nor more

said Province, for the exclusive enjoyment and advantage, for a for provernents invmtions in or a& im- or

period of not less than seven nor more than fourteen years, of mandaCturcs.

all inventions or imp~ovements in the arts or manufactures, to

the author or designer thereof, or to his agent or assignee, as soon

as such proceedings shall have bccn taken by such author, designer,

agent, or assignee respectively, as are in that behalf hereinafter nien- tioned. And such letters of registration, when issued, shall have the same effect in all respects within the said Province as letters patent

L 2 for

for the like purpose issued under the authority of Her Majesty or

of any Act of the Imperial Parliament..

Deposit to be paid 2. Every person who, upon claiming to be thr: author or designer,

Colonial Treasur~r on

applying for let- or his agent or assignee, of any invention in, or improvement to,

t c w andmode of W the arts or manuftactures, shall be desirous of obtaining such

plication.

letters of registration as hereinbefore-mentioned, shall deposrt with the Treasurer the sum of Twenty Pounds sterling, and shall after such deposit present a petition to 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 im- provement to, the arts or manufactures, and specifying the particulars of such invention or improvement, and that he has deposited with the Trettsurer the sum of Twenty Pounds for defraying the expense of granting the lettcrs of registration, and thereupon it shall be lawful for the Governor to refer the said petition to one or more competent person or persons, to be appointed by the C+overnor, to examine a i d consider the matters stated in such petition and to report thereon: And if the report of tlic pcrson or persons to whom the said petition shall have been so referred slrall be favorable to its prayer, it shall be lawful for the Governor, with the advice of the Executive Council. to grant the letters of registration hereinbefore mentioned, arid such letters of registration shall, within six months after the granting thereof, be enrolled in thc General Kegistry O&ce of the said Province, together with a specification in writing, under the hand and seal of the petitioner, particularly describing the nature of the said invention or improvement, and in what manner the same is to be performed, otherwise such lettcrs of rcvgistr a t' lon shall be void and of no effect.

Limitation of time

EVT applying for

3. No letters of registration for the exclusive use of any invention or improvement shall be granted to any person, or to the agent or assignee of any person who shall have obtained the exclusive right to use such invention or improvement in any part of Her Majesty's Dominions, or elsewhere, unless the petition for such letters of regis- tration shall be presented before such invention or improvement shall

patent.

havc been put in operation in the said Province.

Grantee of any such 4, Every grantee of such letters of registration shall be at liberty

letters may assign the

aame.	to assign the same, and all the benefits and advantages arising there- from, to any person or persons by an instrument in writing, under his hand and seal, to be enrolled in the said General Registry Office within six months after the execution thereof'.
tion and specificationa

Letters of reaistra- 5. The enrolments of all such letters of registration and specifi-

open to public.

cations shall be open to the inspection of the public on application

at the General Kegistry Office.

Limit as grantees'

liability. 6, No grantee of any such letters 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 Treasurer, as hereinbefore mentioned. 7. Any

be liable to be renealed bv writ of scire fncias for the same causes causes. 7. Any letters of registration, granted by virtue of this Act,, shall t:;e;;ketE:e~&

and in the same Gamer a; letters patent are liable to be repenlcd.

8. This Act may be cited as The Patent Act, 1859." Short title.

9. This Act shall take effect from the passing thereof.	Commencement of
Act.

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Adelaide : Printed by authority, by TV. C.