Patents Act 1877 (SA)

ANNO QUADRAGESIMO ET QUADRAGESIMO PRIM0

No. 78.

An Act to consolidnte a d	amend the Laws relat iq to Patents fur
I n centions.
[ Assentid to, 21st December, 1877.1

HEREAS it is cspcdicnt to amend the Law relating to the

orant of Patents for Inventions in the Province of South

~ustr$?a-BC it therefore Enacted by the Governor of the Province

Preamble,

of South Australia, with the advice and consent of the Legislative

Council and House of Assenzbly of the .said Province, in this present Parliament assembled, as follows:

1. From and after thc passing hereof " The Patent Act, 1859," Repeal.

being Act No. 18 of 1859, and "The Provisional Registration of Patents Act, 1875," being Act No. 3 of 1875, are hereby repealed; but this repeal shall not affect the validity of any letters of registra- tion or any provisional rc@stration granted, made, or entered under the said repealed Acts or either of than, nor thc rights, rcmcclies, or liabilities of any parties 01- persons in respect of any such letters of registration, or of such provisional registration, nor affcct or prevent the grant of any letters of rcgistration under " The Patent Act,

1877." 3. This

1859," pursuant to any application thercfor made before the passing

of this Act, but such application shall 1)ct proceeded with and granted, and the letters of registration when granted shall have the same effect as if this Act 2rad not passed, provided that the applicant may at any time before the granting of letters of registration to him, in pur- suance of such application, apply for and obtain a patent under this Act in place of such letters of registration, without any further pay- ment than he shall have made under " The Patent Act, 1859."

2. This Act may be cited for 1111 purposes as '' The Patent Act, Short Title.

40' & 41° VICTORI17E, No. 78.

The Patent Act.-1877.

Division of Act.	3. This Act is divided into seven Parts relating to the follomng subject matters:-
PART I.-Patent Office, sections 4 to 8:
PART 11.-Who may obtain Patents, sections 9 to 13 :
PART 111.-HOW Patents obtained, sections 1 4 to 29 :
PART IV.-Effect, Conditions, and Extension of Patents, sections

30 to 37 :

PART v.-New Patents, Disclaimers, Alterations, and Confirma-

tions, sections 38 to 45:

PART	VI.-Caveats; and Revocation and Assignment of Patents,
sections 46 to 52 :
PART	~II.-Miscellaneous Provisions, sections 53 to 72.

PART I.

PATENT OFFICE.

Establi~hment	of	4. There shall be attached to the Department of	the Chief Secre-
Patont Office.

tary, or to a branch of such Department, office to be called the Patent Office, and thc Commissioner of Patents under this Act,

I shall receive and have the custody of g11 applications papers, docu- ments, models, machincs, books, and records relating to patents,

h

and shall receive all fces and perform all acts and things inci-

dental to the grant, issue, or renewal of patents under this Act.

s e a t o f ~ a t c n t

Office 5. The Commissioner of Patcnts shall have a seal to be called

to be received in

ovidence. The Seal of the Patent Office," and such seal and any impression

thereof shall be taken judicial notice of by all Courts, Judges, and

Magistrates, tribunals, and persons authorized to receive evidence

in the said Province, who shall receive in evidence any document

bearing an impression of the said seal, and purporting to be a copy

of or extract from any document or book deposited or kept in the

said Patent Office under the provisions hereof, without the pro-

duction of the original.

Commissioner.	6. The Under Secretary for thc time being shall be Commissioner of Patents.
rules and presciibe

Governor may make 7. The Governor may from time to time, by Proclamation in the

form.	Governmvnt Gazette, make, prescribe, repeal, and alter such regula- tions and forms as hc shall deem necessary or expedient for the pur- poses of this Act.
Governormay v p o h t
d e r k s p d officers.	8. The Governor may from time to time appoint and remove such clerks and officers as he may deem expedient for carrying

out

40" & 41" VICTORIB, No. '78. 3

The Patend Act.-1 877.

.

out the purposes of this Act, and no Commissioner of Patents, nor

any clerk or officer appointed as aforesaid shall, unless he shall be thc original inventor or the legatcc of the rights of the original inventor, buy, sell, acquirc, or otherwise deal in any patent or right to a patent, and every purchase, sale, acquisition. or other dealing contrary to the provisions of this section shall be null and void.

PART 11.

WHO MAY OBTAIN PATENTS. w h o may obtain

1

patents.

'3. The true and first inventor of any new and useful art, machine, ~ower to i sme patents.

manufacture, or compositioii of matter, or any new and useful im- provement on any art, machine, manufacture, or composition of matter, not publicly used or offered for salc within the said Province prior to the date of thc patcnt for the same, may, on petition tcn the Commissioner, and on complying with the re- quirements of this Act, obtain a patent under the hand of the Commissioner and the seal of the Patent Office for the sole making, using, exercising, and vending of any such art, machine, rnan~fact~ure, or composition of matter, or improvement within the said Province.

10. An inventor shall not be entitled to a patent for his invention Inventions in respect of which foreign

if a patent or other similar privilege thurefor shall have been ill patento have been

existence in any count~y other than the said Province, and shall have ~"ainpa.

expired before a patent shall be granted to him under this Act; and whenever a pntcnt or other similar privilege in any other country than the said Province in respect of any invention is in existence, at the time when a patent is granted for the same inven- tion under this Act, such last-named patent shall not' confer any rights for any period beyond thc earliest date at which the patent or

other similar privilege in such other country shall expire.

11. A patent may be granted by the Commissioner to any person

to whom any inventor, entitled to obtain a patent, has assigned or patent,

bequeathed the right of obtaining it, or in default of such assign-

ment or bequest, to the executor or administrator of any deceased

inventor.

Invcntor'~ w r r s e n -

tat~ves lnny obtwln

12. A patent may be granted under this Act in respcct of any Patent for i m ~ r o ~ e - ment on patented

improvement on or modification of any previously patented or rcgis- invention.

tered invention, but shall not be deemed to confer any right to make,

use, exercise, or vend such last-named invention.

13. Where several persons shall mnlcc a joint application for a I'atcnta to sevcrd

patent it shall be granted to them jointly, and any assignment from persons jointly.

one or more of them to the other or others, or to any other person,

shall be registered like any other assignment of a patent.

PART

-- 40' & 41'' VICTORIB, No. 78.

The Patent Act.-18'77.

PART 111.

How patents	HOW PATENTS OBTAINED.
obtained.

Petition for patcnt.	14. Every petition for a patent shall he addressed to the Commis- sioner, and shall be accompanied by a declaration by the inventor if he be alive, whether he shall be the applicant or not, stating that he verily believes he is the true and first illventor of the inven- tion f0.r which the patent is sought, and 1 ) ~ a declaration by the appli- cant that the several allegations in thc petition contained are true; and if the inventor be dead that thc applicant verily bclicves that the person whose assignee, legatee, exccutor, or administrator he is was the true and first inventor of the invention for which he seeks the patcnt.
be accompanied by
Petition for patent to	15. The petition shall contain the name or title of the invention, and shall state an address within the City of Adelaide, to which notices in respcct of such petition may be sent, and shall be accompanied by a specification in d.uplicate of the invention for which the patent is sought. The petition and specification shall be filed in the Patent Office, and the day of such filing shall be recorded at the said office, and endorsed on the petition, and a certificate thereof, under the seal of the Patent Office, given to the applicant, or his agent, and thereupon, except in case of application for a patent by any ijerson to whom the Com- missioner shall have already refused to grant a patent for an in- vention substantially the same as that for which such application for a patent is made, and subject to the provisions hereinafter con- tained, the invention shall be protected nnder this Act for the term of six months next after such filing, and the applicant shall during such term have the like powers, rights, and privileges as would have been conferred upon him by a patcnt for such invention issued under this Act, and duly sealed, as of the day of such filing: Pro- vided that in case the specification be too large or insufficient, the
specification.
the grant of the patent, al!ow or require the specification to be Commissioner may, during the said term of six months, and before amended, or another and sufficient specification to be filed in lieu thereof, and every such amended or new specification shall have the same f ~ r c c and effect as if it had been filed in its amended or new form on the day of the -riling of the original specification.
Requisites of
specification.	16. Every such sprcification shall correctly and fully dcscribe and ascertain the naturc and principle of the invention, and in what man- ner it is to be made, used, workcd, or performed, and shall be signed by the inventor if he be alive, and if not by the applicant, which signature shall be attested hy two witnesses, who shall specify when and where the same was signed; and in any case where the inven- tion admits of a model or drawing, illustration or explanation by means of drawings, the specification shall contain or be accompanied by a model or by drawings in duplicate, showing clearly all parts of the invention, which drawings, if not comprised in the specification, shall be signed and attested in the same manner as the specification:

Provided

40' & 42" VICTORTB, No. 78.

The Patent Act.-1877.

Provided that in any case the Commissioncr may in his discretion	PART
dispcnsc with any such drawings.

17. The Commissioner shall cause to bc published in the Govern- commissioner to nent Carctte a notice that the applicant has applied for a patent in ~$$~.nOtice in respect of the specified invention, giving the name or title tlmeof,

and stating that the specification thereof may be inspected at thc Patent Office; and that any person may ~vithin -onc month, or within such longer period not csceeding tllrce months to he specified in such notice as the Commissioner may detcrmine, object to the grant of the patent by lodging at the Patent Office notice in writing, stating his namt. and adchess, and the nature and grounds of his objection, and also an adclrcss within the City of Adelaide, to which notices in respect of such objection or of the application for the patent may be scnt.

petition, causc notice to be given by advertisement to be inserted notice. 18. The applicant shall within one week after the filing of his Applicant to publish

three times in at least two of thc ddily ncwspapcrs published in Adelaide., stating that he has applied for a patent for thc invention, wiving its title or name, and stating t lut the specification may be ?nspected at the Patcnt Officc.

19. If there shall be no objection lodged within the period lirnited lodged If no objections Commissioner

for that purpose by the noticc in the Govwnment G~ccette, the C m - to grant

missioner s l d l on the expiration of such period, determine upon the application for the patent, and no person shall be entitled to object to such application.

20. If during the period limited as aforesaid any cjl~jection to the If objections lodged Commisuioner to give

graut of the patent shall have been duly lodged in the Patent Office not;ee,

under the provisions of this Act, the Commissioncr shall immediately

on thc expimtjo~l of such period, send through the General Post

Office or otherwise, to the applicant ancl to cvcry objector at the

respective addr~sses @ven as hereinbefore prescribed for that pur-	pmc, a noticc in writmg that he will, at a. time and place to be speci-
fied in the notice, such time to be not lcss than ten nor more than thirty days from the time of posting or otherwise sending such noti;, attcnd to hcar and determine upon the application and the objections.

21. Thc Commissioner shall, at the request of the applicant or Conlmigsloner may summon witnesses4

of any objector, issue summonses under the seal of the Patent Office,

for the attendance of witnesses, and every witness so summoned shall be bound to attend at thc time and place mentioncd in such summons on being paid his expenses according to the scale for the time bring allowed to witnesses on trials in Local Courts, and to continue in attendance until the matter shall be disposed of, and to produce any documents which he shall by any such summons be required to produce, if they are in his possession, power, custody, or control.

22. Any

6 4@ & 41" VICTORIB, No. 78.

The Patent Act.-1877.

PART 111. 22. Any witricss neglecting to sttcsd, or to continue to attend,

Pendtv for non.. or to produce anv docun~ents in accordance witli such summons,

atten&e	of	shall de liable to penalty of Twenty Pounds, in addition to the costs of service of the snrxlnrons upon hint, and the amount paid him for expenses, which penalty, costs, and amount may be re- covered by the person on whose luel~alf such sumrnorrs shall be issued by information before any two Justices of thc Peace, in a surnmary way, together witli the costs of, and incidental to, and
resulting from, such information.

Commissioner to	23. At the time and place appointed the Commissioner shall at- tend and hear the applicant and the objectors either person.ally or by their respective solicitors or agents; and any evidencc: adduced either by declaration or d i d voce in support of the application and objections respectively, and may adjourn or postpone any such hearing, and shall at such hearing or some adjournment or postpone- ment thereof either grant, or in his discretion refuse, the application for the patent.
determine application.
cost of application or	24. The Commissioner may by writing under his hand order the applicant or any objector to pay to any objector or to the applicmt such costs of and attending the application or objection as the Com- missioner shall thhlk fit, and every such order &ay be made a Rule of the Supreme Court.
objection.

Commissioner may	2 5. The Commissioner may, at any h e,	if he slrall think fit, refer
refer to examinem.

any petition for a patent, whether oppased or not to one or more competent person or persons, to be appointed by him to cxainine and consider the matters stated in such petition, and to report thereon to the Cornmissioncr for his information; ancl the applicant for such patent shall, prior to such ref'e~:erzce, pay to the Commissioner such sum not exceeding Ten Pounds, :m the Commissioner shall in each case direct, such sum to be paid by the Commissioner to the person or persons so appointed as aforcsaid, as a rccompensc for his

or their trouble.

Determination of

L'ommissioner final.

26. The determination of the Commissiorler upon any such ap-

plication shall be final, bvt any appliciint whose application has been

refused, may, on giving not less than four wceks' previous notice in

. the Govemnzent Gazette of his intention so to do. make oue or mure fresh applications for w patent in respect of the same invention,

When patent to isme. 27, When the Commissioner has determined to grant a patent, he shall, upon payment of the proper fec, causc: the same to be sealed and issued accordingly; but except as hereinafter mentioned 110 patent shall be sculcd after the expiration of the six months' term of protection conferred under this Act by reason of the fili.ng of thc petition and specification, nor unlcss the upplicnnt shall pay the fee far the sealing of the patent within ten days aftcr the Com- missioner has sent to the applicant notice of his intention to grant the same: Provided that where the sealing of any patent shall have

been

40' & 41' VICTORPIE, No, 78.

T h e Patent Act.-1877.

been delayed by 'cason of opposition to the grant thereof, snch patent I'nm 111.

may be sealed at such time as the Commissioner shall direct.

26 Whcn the sealing of the patent has been delayed from accident Patent may issue

and not from the neglect or wilful default of the applicant, then the after prescribed timo

in cortnin cases.

patent may be sealed at such time not being more than one month a.fter the expiration of the six months' terin of protection hereinbefore referred to as the Governor s l i d direct-and where the applicant for the patent dies during the continunncc of such protection, the patent may be granted to his executors or administrators during the continualice of such protection or at any time within three months after the death of the applicant, notwithstanding the expiration of the term of such protection, and the patent so granted shall be of the like force and effect as if it had been granted to the applicant during the con tinnance of sixch protect ion.

29, Every patent to be issucd in pursuance of this Act shall be Patent to relate back

signed and sealed and bear &ate as of the day of the filing of the to filing of petition.

petition arid specification as aforesaid, and shall be of the same force

and validity as if i t had been signed and sealed on the day of which

it is exprefiscd to be signed and sealed and hear date; and after any

patent skdl lime been signed and ~ealed, it shall not be necessary

or matcrial to inquire or ascertain whether any advertisement or

notice directed by this Act shall have been published, given, or scnt

as herein directed.

EFFECT, CONDITIONS, AND EX'I'ENSION OF PATENTS.

80. Every patent granted under this Act shall be in duplicate, Righte conferred by

and s l d l contain the title or name of the invention, witli a refer- patent.

ence to the specification, and s l d l be in the form in the Schedule A

hereto or as new thercto as the circumstanccs will permit, and shall,

conbitions, and provisoes as the Conmissioner slid1 deem neces-

subject to the provisions of tbis Act allcl to all such restrictions,

sary or expedient and shall insert in such patent, confer upon the patentee, his executors, administrators, and assigns rbr the term of fourteen years and for such further term not exceeding seven years, as the Governor may grant undcr section 37 of this Bct, the sole right of making, using, exercising, and vending such invention: Provided that no patent shall be construed to prohibit the sub- sequent use or salc of any article oncc lawfully obtained.

31. One duplicate part of every patent issucd under this Act, D,Ipl ic atepateentto

shall be delivered to the patentee or his agent, and the other dupli- be filelea.

cate part shall be filed in the Patent Ofice.

32. Nothing herein contained shall extend to abridge or affect prerogative of Crown preserved.

the' prerogative of the Crowu in relation to granting or with- holding the graut of any patent or letters patent; and it shall be

lawful

40' & 41" VICTORIB, No. 78.

The Patent Act.-1877.

lawful for the Governor to direct the Comniissioner to grant or withhold the grai~t of any patent or letters patent as aforesaid, or

to direct the irmrtion in any patent issued under this Act of any

restrictions, conditions, or provisoes which tbe Governor may think

fit, in addition to, or in substitution for, any restrictions, conditions,

or urovisoes which would otherwise be inserted therein under this

A C ~; and it shall also be lawful for the Governor to direct any

specification filed under this Act, and in respect of the invention described in which no patent shall at the time of such direction have becn granted to be cancelled, and thereupon the protection obtained by the filing of such specification shall cease.

Conditiona ofpatent.	33. All patents granted under this Act shall be made subject to the condition that the same shall be void if at any time during the twm thereby granted it shall appear that the grant of the patent was contrary to law or prejudicial or inconvenient to the general public, or that the said invention was not a new m d useful art, machine, manufacture, or composition of matter, or a new and useful iinprovemcnt on any art, machine, man&cture, or com- position of matter, or that the said invention had been publicly used or offered for sale within the said Province prior to the date of such patent, or that the patentee was not the truc and first inventor of the patented invention; or if the patent shall have been granted to him as assignee, legate@, executor, or administrator, tlico that he was nat the assignee, iegatee, executor, or administrator as the casc, may be of the truc and first inventor of the patented invention, or if the specification does not correctly and fidly describe and ascertain the nature and principle of the invcntion, and irl what manner it is to be made, used, worked, or performed.
Patent to oease on
nonpayment of fees.	34. All patents under this Act shall also be made subject to the condition that the same shall be void, and that the rights and privileges thereby granted shall cease and detertnine at the expi- ration of three years from the date thereof, i~nless tllc patentee, his
exwutors, ad~niuistrators, or assigns shall pay, at the Patent Oflice, the suin of Five Pounds before the expiration of such three years from the date thereof, and at the expiration of seven years from the date thereof', unless the patentee, his executors, administrators,

. or assigns s!~all pay, at the Patent Office, the stzm of' Five Pound& before the expiration of such sevcw. ycars.

Patented invention 35. No patent for any invention granted after the passing of this

maybo usedin foreign Act shall extend to prcvcnt the usc of such invention in any vessel.

foreign ship or vessel, or for the navigation of any foreign ship or vessel, which mhy be in any port of South Australia or its dependencies, or in any of thc waters within the jurisdiction of any of the Courts of the said Province where such invention is not so used for the manufacture of any goods or commodities to be vended within or exported from the said Province or its dependencics: Provided that this enactment shall not extend to the ships or

vessels

40" & 41" VICTORIB, No. 78. 9

vcsscls of any foreign btatr of which the laws nuthorizc sul~jects of	'	PART
such foreign state having pateuts or the like privileges for the
exclusive use or exercise of inventiorls within its territories to prevent
or interfere with the use of s w h invcn tioris in British ships or vesscls, or in or about the navisatioli of British ships or vessels whilc in the ports of such foreign state, or in thc mat(m within the jllrisdiction of its Courts where such inventions are not so used for the nlannf,zcturc of goods or commodities to be vended within or csportcd from the territories of such foreign statc,

36. The Government may use my invention patented under this ~ ~ ~ ~ ~ ~ ~ V ~ C

Act, paying to the patentee such sun1 for the use thereof as shall be a y e e d upon between the Govcrnnwnt and the patentee, or, in case of dispute, such suru as may be fixed by two arbitrators, one of whom shall be appointed by thc bovcrnment and one by the patentee; or,

in case of disagreement betwccn the arbitrators, by an umpire to be

named by them bcfo'ore entering upon the consideration of the matter

referred to tliem.

37. The Governor, on petition by any patentee, or his executors, t~~[$eronf~;$~.~~tend

administrators, or assigns, presented at least six rrlonths before the expiration of any patent, and on being satisfied that the patentee, his exec~ltors, adiuinistrators, or assigns have been unable to obtain due remuneration fo'or the expense and labor of perfecting the in- vention the subject of the patent may, by order under his liand to be filed in thc patent Office, grant an cstension of the term of such patent for any time not csceecling seven ycars from the expiration of the term for which the patent was originally graiitcd: Provided that the Governor may require such petition to be advertised in such manner as he shall think fit, and may hear any person desirous of opposing such extension.

PART V. PART v.

NEW PATENTS, DISCLAIMERS, ALTERATIONS, AND

CONFIRMATTONS"

38. Wheuever any patent s l~al l be deemed defective or inopera- ~~r~~~~~

t ire by reason of' insuflicient description or specification, or by sioner may grant new

reason of the patentee havinq c1:limed as new more than he had a patent.

right to claim, tllc Commissioner may, upon petition by the

pat entw, and upon being satisfied that tile error arose from innd-

vertanee, accident, or mistake, without ally frauduleut intention, and upoil the surrender of such patcilt and payment of the fee for that purpose specified in the Schedule PI llcreto, a d the filing of an an~endcd description and specification, to be filed in the like lnarlirer :ts hereinbefore provided with respect t o npplicrttions for patent^, graut to the patentee, his executors, administrators, or assigns a

new patent for the same invention, fur any part or the wllolc of tlic

then nuexpired term for which the original patent was granted.

39. Any patentee, his execntors, administrators, or assigns may, Dirrolaimer or memo-

011 payment of the fee for that purpose specified i n tke Schedule B ~~$&!temtiOn

B to

10 40" & 41' VICTORIE, No. 78.

The Patent Act.-1877.

P A ~	v.	to this Act, and on obtaining the leave of the Commissioner, file in the Patent Office a disclaimer of any part, either of the title or the specification of the illvention in respect of which he is the patentee, or the executor, administrator, or assignee of the patentee, stating the reasons for such disclaimer, or a memorandum of any alteration in such title or specificaticn, not being such disclaimer or alteration as shall extend the exclusive right granted by the patent. Such disclaimer or memorandum of alteration shall be attached to the patent or. specification filed in the Patent Office, and a inemoranduni thereof shall be entered upon the patent in the possession of the patentee, his executors, administrators, or assigns, and thereupon such disclaimer or niemoranduni of alteration shall be deemed and taken to be part of the patent or specification in all Courts in the said Province: Provided that no such disclaimer or alteration shall, except in proceedings by scire
facias, be receivable in evidence to support any patent in any
action or suit pending at the time that such disclainw or alteration was filed, or brought in respect of ally infringement of any patent committed prior to the filing of such disclaimer or rnemornndum of alteration; but in every such action or suit, except, as aforesaid, the original title and specification done shal! be given in evidence land deemed to be the title and specification of the invention for which the patent shall have been granted.

Commissioner may 40. The Commissioner may requirc %ny patentee, his executors, to file n disclaimer or memorandum of alteration, to give such notices by advertisement, or otherwise of his application as the Com- missioner shall think fit, and may bear any person in opposition to such application. The filing of snv disclairner or memorniidurn of alteration in pursuance of the ica& or the Commissiouer obtained under the last preceding section shall, except in cases of fraud, be concl~~sive 3s to the right of the party to file such disclaimer or

to be administrators, or assigns, applying for a new patent, or for leave

"quire

given.

memorandum of alteration under this Act, and no objection shall bc made in any proceeding upon or touching such patent, specification,

disclaiwcr, or memorandum of alteration on the ground that the

party filing such disclairner or memorand:zm of alteration had not

sufficient authority in that behalf.

Mode of obtaining	41. If in anv suit or action it shall be proved, or specially found by the verdict ;f	a jury, that any person who shall have ;btnined
valid patent.

confirmation of in-

a patent for any inventioh or supposcd invention was not the first inventor thereof or of some part thereof, by reason of some other person having invented the same, or some part thereof, before the date of such patent. or if such patentee, his executors, admiuistra-

t w s, or assigns, shall discover that some other person had unknown

to such patentee invented the same, or some part thereof, before thc date of such patent, such patentee, his executors, administrators, or assigns may petition the Governor to confirm the said patent, or to grant a new patent in respect of such invention; and it shall be lawful for the Governor ta refer tha consideration of the said peti-

tion

40" & 41" VICTORIB, No. 78. ii

The Patent Act.-187.7.

tion to Commissioners to be appointed for that purpose in the	PART V.
manner hereinafter mentioned.

one shall be a Judge of the Supreme Court, a Commission reciting mlwoneri% 42. The Governor may issue to three or more pcrsons, of w.vhom Appointment of Corn-

such petition, and requiring and authorizing such persons, or any	,
three of them, of whom the said Judgc shall bc one, to m e t at some time, not being less than two months from the publication of the said Commission in the Government Gazette, and at some yiace to be respectively fixed in the said Commission, and then and there to consider the said petition, and to report to the Governor whether such confirmation should or should not be made.

mission for the consideration of any such petition as aforesaid, the to be published. 43, Six weeks at least before the time named in the said Corn- Noticeof Commission

petitioner shall cause to be published twice in the Gownzment Gaxetie, and three times in some daily newspaper published in Adelaide, an advertisement of the contents of the said Commission; 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 ~	~	ba	~	~	\	~	y
of the Commissioner of Paterits at any time not being. less than one week before the time named i11 the said Commission for thc execution thereof.

44. At the time and place fixed in the said Coamission for that hear Commi6sioner~to $1 parties rnil

,,,d.

purpose, the Commissioners shall meet and procecd to consider such administer); and thereupon, and upon hearing and irquiry of the	wholc mattcr, such Commissioners, upon being satisfied that such
patentee as w.foresa.id belieecd himself to be the first and original
inventor, and being satisfied that the invention, or part thereof, has not been publicly and generally used, or offercd for sale within the said Province prior to the date of such patent, may report to the Governor thcir opinion that the prayer of such petition ought to be complied with; whereupon the Governor may, if he shall think fit, grant such prayer; and the confirmed or new patent (as the case mq be) shall thereupon be available at l a ~
and in equity to give to such petitioner the eole right of making, using, exercising, and vending such invention as agaiast all persons whomsoever, anything hereinbcforc contained to the contrary not- withstanding: Provided that any person party to any former suit or action touching the first patent shall be entitled to have notice in writing of the time and place fixed as aforesaid for the first meeting of the said Commissioners to consider the said petition; and

petition, and the petitioner sllall bc hcard in person, or by his

solicitor, or agent, and may call witnesses to prove his case as statecl

in such petition, and the publication of the said la,&mentioned ad-

vertisement as required by this Act; and the persons entering

ca,veats shall likewise be heard in person or b.! their solicitors,

or agents and may also call witnesses; and all &tnesscs shall be

examined upon oath or affirmation (which oath o~ affirmation such

aftcr

40° & 41' VICTORIB, No. 78.

PART V. after any such report shall have been nzacle, it shall not be material or necessary to inquire or ascertain whethcr any such advertisement as last aforesaid has or has not been published, or whethcr any such notice as last aforesaid has or has not beer1 given in thc manner hereinbefore directed.

Where patent only 45.

When a patentee, his executors, nclministrators, or assigns shall have assigned a part only of his or their interest in any patent, no petition or application under any of thc prcccding scctions numbered respectively 37, 38, 39, and 41 shall be allowed unless joined in by a11 persons having any Icgd interest in the p tcn t.

partly assigned.

PART VI.

PART VI.

CAVBATS AND RF,VOCArI'ION AND ASSIGN MENT OF

Y ATENTS.

caveat	be	46. Any intending applicant for a patent may file in the Patent Ofice, on payinent of the fee specified for that prrrpose in the Sche- dule B hereto, a docun~ent to be signed by hiul and containing
a description of any invention claimed by him as his owu (with or
without plans at his option), and giving an dddrcss within the City of Adelaide to wllich any notice by the next following clause re- quired to be sent to him may be addressed; such docuti~er~t, which shall be called ,z caveat, Inay be nnmdecl by the cxverttor at m y time within one year from the filing thereof, a id shall, until t!le ex- piration of such year, be preserved jn secrecy in the Patent Oftice, the Commissioner being at liberty, however, to fi~rnish copies of the same to the caveator on payment of the, proper charges for such copies.

I n c e r t a i n c ~ c ~ Corn-

missioner to send 47, If at any time beforc the expiration of one year from the

notice.

filing of m y cavent an application shall be made by ally person

missioner shall consider that the granting of such ;~pp!ication may other than &c caveator for tl pztent for any invention, and the Com-

interfere with or nfi'ect the right of the cewator to obtain a. patent

for the invention described m the caveat, thc Corninissinner shall forthwith send notice thereof tlirouqh the General Post Office to the eaveator at the address given by liim for that purpose,

Patent may bc re-

voked by Governor.

48. Every patent shall he liable to be revoked by the Goveruor upon the application of my person after the expiration of three years from the granting thereof, if i t shall be made to appear to the Governor that neitlier the patentee nor his assignee or licencee has, before the time of such npp1ic:ttion used the patented invention to a renvouable extent for the public benefit: Provided th:l.t the Governor may in his absolute discretion refuse m y sucl~ applica- tion upon such terms a id conditions as he may sec fit.

patent.

Proceedings ;o ~ v o k c

49. The Supreme Court ot the said Province shall have juris-

diction to revoke and cancel any patent issued under this Act,

upon

40" & 41" VICTORIB, No. 78.

The Pntent Act. -1 877.

upon a writ of scire facia.?, issued out of the said Court; and in	PART	+
case any person having an interest in such patent shall not reside
in the said Province at the time of the issue of such writ, it shall
be sufficient as against such pereon to file such writ in tlie office of the Supreme Cou~t, and serve notice of such filing at his last known place of business or residence within the said l'rovince (if any), and if no such placc can be found, tllen to give notice of such filing by advertisement, or otherwise, as the said Court may in each case direct.

50. Any person desiring to impeach a patent issued under this Patent may be filed

Act, may- obtain from the patent Office a copy of the patent, a d ~ o, ' ~, s u p r e n ' e

of the petition, declaration, specification, and drawings thereunto relating, certified under the seal of the Patent Office and the hand

of the Commissioner, and Inay file tl-rt: same in the office of the said

Supreme Court to be held of 'record tlmrcin.

51. A certificate of the judgment voiding any patent, shall bc Certifirate of judg.

filed in the Patent Offiez b i the prosecutor on the suit of acire facias,

be

ilnd shall be noted on the &plicate patent in the Patent office, and

thereupon the patent shall be and be held to have been void, and

of no effect from tlie time of the grant thereof.

62. Every patent shall be assignable either as to t l ~ e whole iuterest Assignment of patent.

of the patentee, his executors, administrators, or assigns or as to

any part of such interest by instrument in writing under the hand of the assignor or his agent thereunto authorized in writing; and cvery such assignn~ent shall be in duplicate, and shall be registered by deposit of one duplicate part in the Patent Office. Rvery as- sigpment shall be deemed null nud void against any subscquent asslpnlnent for valuable considerat,ion, unless such prior assignment shall be registered before the registration of the subsequent tlssig-11 ment.

PART VII. PAET Y I I.

R.ZISCELTiANII;',OITS PROVISIONS.

53. All patents, specificatioas, drawings, models, disclaimers, and Patents, &L - to be open to pilbli~

other papers except caveats filed in the l'atent Office, shall be open inspection.

to the inspection of the public, subject to such xegulations as the

Govenor may make in that bchalf.

54. The fees mentioned in Schcdulc B to this Act shall bct paid in Fecs.

respect of thc several rnattcrs and thing? therein respectively referred to. Such fees shall form part of the General Revenue of the said Province, and be paid, applied, and disposed of accordingly.

55. No patent or other instrument under this Act shall be invdi- dated by any clerical error in the framing or copying thcreof, but any such error may be corrcctcd bp or ~ulder the authority of thc C o m m i ~ s i o n e r m ~ correct clerical errors.

Commissioner.

56. In

40" & 41" VICTORIB, No. 78.

pp- -

---

The Patent Act.-1877.

Paar ~ I I. 56. In case any patent be lost or destroyed, any pcrson entitled to such patent may obtain from the Patent Office, on payment of the proper fee, a copy of such lost or dcstroyed patent, to be certified under seal of the Patent Office.

Lost *patent.

Declaratione, before

whom to be made.	57. Everv declaration under this Act may be made before the ~ommissio&r or any Justice of the Peace m Notary Public in South Australia; or if the declaration shall be made out of the said Province, then before any person who, in the country in which the declaration is made, shall be autllorizcd to administer an oath.
Licensed Patent
Agents.	58. I t shall be lawful for the Commissioner, witli the sanction of the Governor, to license fit and proper persons to be Paknt Agents for transacting business under the provisions of this Act, and upon proof to his satisfaction of the mallfeasance or incapacity of any such licensed Patent Agent, or on non-payment of any annval fee fbr any such licence, as prescribed by Schcdule B hereto, and with such sanction as aforesaid, to revoke any such licence. Before granting any such licence, the Commissioncr shall receive bond from the person to be licensed in the sum of Five Hundred Pounds, witli two sureties each in the sum of Two Hundred and Fiftv Pounds, conditioned that such person shall duly and faithfully n i t in the capacity of a licensed Patent Agent, in accordance with the provisions of this Act, and shall also administer to such person th.c oath following :-.V-

I, A B, do solemnly swear that I will faithfully and to the best of

my ability execute and perforin all such business or duties as may be entrusted to, or imposed upon, me as a licensed

Patent Agent-So HELP ME GOD.

Certificate of correct-

ncss. 59, The Commissioner shall riot receive any petition, clisclairner, nxmornndum of alteration, carcat, assignment, or other instruinent under this Act, unless there s?iall t ) ~: cndorsed thcwon a certificate that the same is correct fbr .the p~uposes of! this Act, signed by the

applicant or the priixipal party filing such instrument, or by his	solicitor, or by a Patent Agent liccnscd undcr this Act, or by a
land broker licensed under tlie provisions of the " Real Property ,4ct of 1861," or any Act substitatecl therefor; and any person who shall falsely and negligently certify to thc corrcctncss of any such

Penalty for and instrument, shall incm a penalty tllcrefor not exceeding Fifty

neghgent certificate.

Pounds, to be recovered by any person before two or more Justices

of the Peace in a summary manner.

In actions for infring-

mmt, particulars of 60. In any action for the infringement of a patent, the plaintiff

breaches and objec-	shall deliver with his declaration ~articulass of the breaches com-
shall deliver mith his pleas, and the prosecutor in any proceedings by
~cire~fuc ias to revoke a id cancel any patent, shall deliver mith his dc-
claration, particulars of any objections on which he mcans to xely at the trial in support 01 the pleas in the said action, or of the sugges- tions of the said declaration in the proceedings by seireJ'acius respec-

tions to be delivered. plczined of in the said action, and the defendant on pleading thereto

tively;

40" & 4-1" VICTORI3,, No. 78. -4

The Pcrtent Act.--1877.

tively; and at the trial of such action or proceeding by scire	PART	~ 1 1.
facias, no cvidencc shall be allowed to be given in support of any
alleged infringement, or of any objection impeaching the validity of such patent which shall not be contained in the particulars delivered *as aforesaid: Provided always that the plalner plttccs at or in which and in what manuer thc invention is dlegccl to have been used or offered for sale in the said Province prior to the dutc of the patent shall be stated in such particulars: Provided also that it shall and may be lawful for any Judge at Cllambers to allow such plaintiff, or defendant, or. prosecuto~- rcspcctivcly, to amend the particulars delivered as aforesaid upon such terms as to such Judge shall sccm fit: Provided also that at thc trial of any pro- ceedings by sciw fizcias to revoke and cancel a patent, the defendant shall bc entitled to begin and to give evidence in support uf such patent; and'in case evidence s l d l be adduced on the part of thc prosecutor impt:aching the validity of such patent, the defendant shall be erl.titled to thc reply.

of this Act for infringing any patent, rtyprc2 shall be had to the gnrded in taxing oosts. 61. In taxing the costs in any action cornmenccd after the passing Purticulars to bu re-

part of such case which has beer) provcd at the trial, which shall be certified by the Judge hcforc whom the case shall be tried, and the costs of each part of the case shall be given accorcling as cither party has succeeded or failed therein, regard being had to the particulars of objections and lwcachcs as well as the counts in the declaration, and the plaintiff and defendant respectively shall not be allowed any cmts in respect of any particular ilnless ccrtifid by the Judec before whom the trial was had to h a ~ c been provcd

by such plamtiff or defendant respectively, without regard to the

general costs of the cause; and it s l d l be lawful for the Judgc before whom any such action shall he tried, to certify on the record that the validity of the patent in the cteclaration mentioned came in question; and the record with such certificite being given in evidence in any suit or action fur infringing the said lmteizt, or in	any proceeding by scire $ucias to revoke and cancel the patent,	shall entitle the plaintiff in any such suit or action, or the
defendant in any such proceeding by scire.fucias on obtaining a decree, decretal order, or final judgment, to his full costs, charges, and expenses, to be taxed as betwccn attorney and client, unless the Judge making such decree or ordcr, or the Judge trying such action or proceeding, shall certify that thc plaintiff or ctc$endant respectively ought not to have such full costs.

62. There shall be kept at the Patent Office a book or books to Register of Patents.

be called the " Register of Patents" wherein shall be entered and recorded in chronological ordcr, all patents granted ~mclrr this Act, the deposit and filing of specifications, disclairncrs, and incmoranda of alterations filed in respect oP patents, all amendments in specifi- cations and patents, all assignments, confirmations, and extensions of patents, the expiry, determination, vacating, revoking, or can- celling of patents, with the dates thereof respectively, and all othcr

matters

40" & 41' VICTORIB, No. 78,

The Patent Act,--1877.

matters and tkings affecting the validity of patents as the Governor may direct; and such register or a copy thereof shall be open at all convenient times to the inspcction of the public, subjcct to such rcgulations as the Governor may makc in that behalf.

Register of propric-	63, There shall also be kept at the Patent Office a book or books entitled The Kegister of Proprietors," wherein shall be entered every assignment of a patent, or of any share or interest therein, every licence under a patent, and the place or district to which such licence relates, with the name or names of every person having by assignment my patent, or any share or interest in any patcnt, or, having any licence, the date of his or their acquiring such patent, share, interest, or licence, and any other matter or thing relating to or affecting the proprictorship in such patent or licence; and a copy of any entry in such book, certified under the seal of the Patent Office, shall be given to any person requiring the same, and shall be primd facie evidence of the proprietorship or. assignment of such patent, or share or interest therein, or licencc as therein expressed: Provided always, tErat until such enky shall havc been made the grantcc or grantees of thc patent shall be deemed and taken to be the solc and cxclusive proprietor 0;. proprietors of such patent, and of all the licences and privileges thereby given and granted, and such register, or a copy thereof. shall be open to public inspection, subject to such regulations as the Governor m d y make.
tors to be kept.
Expungemcnt, &C.,
of entries in register.	64. If any person shall deem himself zggrieved by any entrv made under color of this Act in any such register as aforesaid, he may apply to the Supreme Court, or any Judge thereof, for an order that such entry may be expunged, vacated, or varied, and such Court or Judge may thereupon make such order as to the expunging, vacating, or varying of such entry, and as to the costs of such application, as to such Court or Judge shall seem fit; and the officer having thc custody of such register shall, on the production of any such order, expunge, vacate, or vary such zntry ill accordance with the order,

Falsification or

forgcry of entry.	65. If any person shall wilfully make or cause to be made any false entry in any such register, or shall wilfully make, or forgc, or cause to be made or forged any writing falsely purporting to be a copy of any entry in any such register, or shall proclucc, or tender, or cause to bc produccd or tcndcrcd i11 evidence, any G U C ~ writing, or any such false entry, knowing the Fame to bc false or forged, he shall Ee guilty of a m'sdemeanor, and shall be liable to be imprisoned for any term not exceeding five years.
Punishment on false
oath or declaration.	66. li'lvery person who shall n~nkc any false oath or declaration undcr this Act shall be guilty of a misdemeanor, and shall on con- viction be liable to Snq~risoninent with or without hard labor, for any period not exceeding five years.
ized use of name of

Pen J t y for ~mauthor- 67. If any pcrson shall write, paint, print, mould, cast, carve,

patentee, &c. engrave, stamp, or otherwise mark upon anything made, used, or sold

by

40" & 41" VICTORIIE, No, 78. 17

. - --p

The Pnte~tt A c t. 1 8 1 7.

by him for which he has not or shall not have obtained a patent,	PART	VIL
the name or any imitation of the name of any other person who has or shall have bbtained a patent for such -thing without leave in writing of such patentce, his executors, administrators, or assigns, or if any person shall, upon such thigg not having been purchased from thc l~atentee, his executors, administrators, or assigns, or some person who purchased it from or under such patentee, 111s executors, administrators. or assigns, or not having had the licence or consent
in writinm of such patentee, his executors, aclministrators, or assigns,	write, paint, print, mould, cast, carve, engrave, stamp, or othcrwisc 0
mark the word C L Patcnt," the words " Lctters Patent," or the words By the Queen's Patent:" or any words of the lilrc kind, meaaing,

or import, with n ~ ~ i e r n of imitating or counterfeiting the stamp mark

or other device of the patentee, his esecutors, aclrninistrators, or assigns, L. '

or shall in any other kslltler imitate or counterfeit the stamp mark or other deviec of the patmtee, his executom, administr&ors, OT assigns, he shall for evcl-y such offerlce forfeit anti pay the snm of One flundrecl Pounds, one half to Her Majesty, Her heirs and suc- cessors, and the other half with full costs of suit to any person who shall sue for the said penalty by action of debt, or in a summary manner before any two Justices of the Pcace of the said l'rovince: Provided always that nothing herein contained shall be construed to extend to subject any person to any penalty in respect of staqring or in any way marking the woru " Patent" upon anything in respect of which the patent before obtained shdl 'have expired or otherwise determined:

68. The proceedings before Justices shall be concluctecl as ap- Proce~dingg before

pointed by and shall be regulated under the Ordinance No. 6 of Justiws.

1850, intituled " An Ordinance to facilitate the performance of the

duties of Justices of thc Pcace out of Sessions with respect to

summary convictions and orders."

penalty or amends under this Act, and of the non-payment of such penalty. 69. I n every case of the adjudication of a fine or pecuniary Nfin-pvmentof

fine or pecuniary penalty or amends, any Justice of the Peace mtrty	commit the offender or person making defdult in payment to any
gaol in the mid Province for any time not exceeding three calendar months, the imprisonment to cease on payment of the sum and costs due; but this section s l d l not affect any remedy for the recovery of any fine or pecuniary penalty or amounts under the said Ordinance No. 6 of 1850, or any other Ordinance or Act,

70. There shall be an appeal from any order of Justices of thc ~pposl.

Peace, made under the provisions hereinbefore contained, or from any order of Justices of the Peucc dismissing any information laid under this Act, or from any conviction by Justices for any offence against this Act, which appeal shall be to the Local Court of Ade- laide of Full Jurisdiction only, and the proceedings in such appeal shall be conducted 111 manner appointed by the said Ordinance No. 6 of 1850, for appeals to Local Courts, but the Local Court of

C Adelaide

P& 40° & 41" VICTORIB, No. 78.

The Patent Act.-1877.

P A R ~ m.

-- Adelaide aforesaid may make such order as to payment of costs of appeal as such Court shall think fit, although such costs may exceed Ten Pounds.

~ o c a l court of MC- 71. It shall be lawful for the Local Court of Adelaide, upon the

hide may state a case

~or,,pi~~,,nofsupTeme hearing of any appeal under the last preceding section, to state one

court. or more special case or cases for the opinion of the Silpreme Court, and the Sunreme Court shall l-lcar and decide such special ccnsc or cases, according to the practice of the Supremc ~ o k t on special cases; and the Supretne Court shall make such order as to the costs of any such special casc as to the said Court shall appear just; and any tjvo or more Justices, or the Tlocal Court of Adelaide, shall make an order in respect of the mnttors referrcd to the Supreme Court, in conformity with the certificate of the said Supreme Court, or of any Judge thereof, which orclcr of the Justices 0-2 the Peace or Local Court s l d l be enforced in manner provicied by this Act, for the enforcement of orders of Justices of the Peace, and save as herein provided, no order or proceeding of Justices, or of any T,ocal Court made under the authority of this Act, shall be appealed against or removed by certiorat-i or otherwise into the Supreme Court of the said Province.

Definition clause.	72. In the construction of this Act, th:: following cxprcssions shall have the meanings hereby assigned to them, unless such mean- ing shall be repugnant to or inconsistcut with the context-
"Patent" shall mean Letters Patent granted under this Act:
Patentee" shall mean a person to nrhoni a patent shall have been granted under this Act: '' Commissioner" shall mean the Com- missioner of Patents.

In the name and on behalf of Her Majesty, I hereby zlsscnt to

this Bill.

WM. F. DXUMMOND J'XRVOXS, Governor.

SCHEDULE

40" & 41" VICTORIX, No. 78.

The Patent Act.-1877.

VICTORIA, by the grace of God, of the Unitecl IGngdom of Great Britain and

Ireland, Queen Defender of the Faith-To	all to whom these presents shall
come, greeting:

Whereas , hath, by his petition, represented unto us

, of

that he is [or , of , is or was] tht: true and first inventor of a certain

invention for, and that the same has not been publicly used or offered for sale within the Province of South Australia more than twelve months prior to the date of the said petition [and that the said

is the assignee, legatee, executor, or adminiidrator, as t l ~ s cnse may 68, of the said

1, and hath, thercforc, humbly prayed for L ~ t t e r s Patent for

the sole making, using, exercising, and vend~ng of the said invention within our

said Province for the term of fourteen years, pursuant to &' Thc Patent Act, 1877 ":

And whereas the said hath correctly and fully described and ascertained the nature and principle of the said invention, and in what manner the same is to be made, used, worlrcd, or performed, by a specification, in writing under his h x ~ d, and has caused the same to be duly filed in the Patent Office of our said Prov~nce on the day of 18: And we being willing to give cncouragement to all arts and inventions which may be for the public good, are graciously pleased to condescend to the petitioner's request: Know ye, therefore, that we of our eL.pecial grace, certain Imowledgc, and mere motion have given and granted, and by these presents for us, our heirs and suc- cessors, do give and grant unto the said, his executore, administrators, and ausigns, our especial liccncc, full power, sole privilege, and authority, that he the said, his executors, ac'.ministrators, and assigns, and every of them, by himself and themselves, or by his and their dephty or deputies, servants or agents, or such others as the said 9 his executors, administrators, or assigns, shall at any time agree with, and no others, from time to time, and at itil times hereafter during the term of years herein ex- pres~ed, shall and la~,vfully may make, use, exercise, and vend his said invention within our said Province, in such manner as to him the said 9 his executors, administrators, and assigns, or any of them, shall in his or their discretion seem meet; and that he the said, his executor^, administrators, and assigns shall and lawfully may haw and enjoy the whole profit, benefit, commodity, and advantage from time to time coming, growing, accruing, and arising by reason of the said invention for and during the term of years hcrein mentioned, to haw, hold, cscrcise, and enjoy the said licences, powers, privileges, and advantages hereinbefore granted, or mentioned to be granted to the said

, his executors, administrators, and assigns, for and during and unto

ihe full end and term of fourteen years from the day of, A.D. 9 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 thew, may have and enjoy the full benefit and sole use and exercise of the said invention, according tc: our gracious intention hereinbefore declared, WC do by these presents, for us, our heirs, arid successors, require and strictly command all and every person and persons, bodies politic and corporate, and all other our subjects whatsoever of what estotr, quality, degree, name, or condition aoever they be within our said Province, that geither 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, exercise, or vend the said invention, or any part of the same so attained unto by the said, as aforesaid, nor in anywise counter-

feit, imitate, or resemble the same, nor make or cause to be made any addition

thereunto, or subtraction from the same, whereby to pretend himself or themselves the inventor or inventors, deviser or cievisers thereof, without the consent, licence, or agreement of the said, his executors, administrators, or assigns in writing, under his or their hands or scals, first had and obtained in that behalf, upon such pains and penalties as can or map bc justly Inflicted on such offenders for their contempt of this our royal command, and further to be answerable to the said, his executors, administrators, and assigns, according to law,

for

40" & 41" VICTORIB, No. 78.

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, sheriffs, bailiffu, constables, and all other officers and ministers of UR, our heirs, and successors for the time being, that they or any of them do not nor shall a t any time during the said term hereby granted, in anywise molest, trouble, or hinder the said, his executors, administrators, and assigns, or any of them, or his or their dcputies, 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 a t any time during the said term hereby granted it shall appear that this our grant is contrary to law, or prejudicial or inconvenient to the general public, or that the said invention is not a new and useful art, machine, manufacture, or composition of matter, or a new and useful improvement on any art, machine, manuficture, or con~position of matter, or that the said invention has been publicly used or offered for sale within our said Yrocince prior t~ the date of these our letters patent, or that the said petitioner is not the true and first inventor thereof [OT the assignee, legatec, cxecutor, or administrator, as the case ? n q he, of the true and first inventor thcreof], or if the said specification, filed as afon:said does not correctly and fully descnbe and ascertain the nature and principle of the said invention, and ir, what manner the same is to be made, used, worked, or performed, or if thc said, his executors, administrators, or assigns shall not supply, or cause to he supplied for our service all such articles of the said invention as he or they shall bc required to supply b., the officers or com- missioners administering the department of our service, for the use of which the same shall be required, in such manner, at such times, and at or upon such reason- able prices and terms ad shall be settled for that purpose by the said officers or commisvioners requiring the same, then and in any of the $aid cases, these our letters patent shall forthwith cease, determine, and be utt~,rly void to all intents and purposes, anything hereinbefore contained to the contrary thereof, in anywise notwith- standing: Provided also, that these our lettcre patent, or anything herein contained shall not extend or be construed to extend to give p~ivilege unto the said, his executors, administrators, and assigns, or any of t h m to use or imitate a n y invention or work whatsoever which hath heretofore been !ound 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 9 his executors, administrators, and asliigns, 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 practise their several inventions by them invented and found out according to .the true intent and mcaning of the same respcctive letters patent, and of these presents: Prcvided likewise, and these our lctters patent are upon this express condition, that ?he same shall be void, and that the rights and privileges hereby granted shall ceade and determine at the expiration of three years from the date hereof, unless t'lc said, his executors,

administrators, or assigns shall pay at the said Patent Office the sum of Five Pounds

before the day of, A. l, and lcurther upon condition that the same letters patent shall be void, and the said rights and privileges cease and determine a t the expiration of seven years from the date hereof, unless tbe said

, his executors, administrators, or assigns, shall pay a t the said Patent Office the sum of Five Pounds before the day of A.D. 18: Provided that nothing herein contained shall prevent the granting of licences in the manner and for the considerations in and for which they may by law be granted; and lastly we do by these presents for us, our heirs, and succes8ors, grant unto the @aid

, his executors, administrators, and assigns, that these our letters patent

or the filing thereof 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. administrators, and assigns, ab well in all our Courts cf Record as elsewhere, and by all and singular the officers and niinisters whatsoever of us, our heirs and successors, in this our said Ymvince, and amongst all and every the subjccts of us, our heirs and successors, whatsoever and wheresoever. In witness whereof we have caused these our letters patent to

he made patent this day of , A.D. , and to be sealed with the

seal of the said Patent Office, and bear date as of the said day of 7

A.D. , in the year of our reign,

SCHEDULE

40" & 41Q VICTORIB. No . 78 .

The Patent Act.-187'7.

SCHEDULE B.

Fee8 to be paid in respect of the several matters hereunder specified :-

S S . d .

On filing every petition .............................. 2 10 0

On grant of patent .................................. 2 10 0

On every patent before the expiration of three years from

its date	......................................	5 0 0
And before the expiration of seven years. .	5 0 0

For taking any declaration .......................... 0 2 6

For every certificate of filing ........................ 0 2 6

On filing every amended or substituted specification ...... 1 0 0

On lodging objections against grant of patent .......... 0 10 6

0n.every summons to witnesses ...................... 0 5 0

On hearing of every opposed application .............. 1 0 O

On filing duplicate patent ............................ 0 5 0

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

On granting new patent under Part V ................. 10 0 0

On filing every disclaimer or memorandum of alteration. . 2 10 0

On confirmation of invalid patent .................... 50 0 0

On filing caveat under Part V1 ....................... 1 0 0

On amending any caveat ............................ 0 10 6

For every office copy (including the seal) per folio of 72

words ........................................ 0 0 6

On filing every certificate voiding a patent ............ 0 5 0

On deposit of any assignment of patent ................ 1 0 0

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