Patents Law Amendment Act of 1887 No 14a (NSW)

No. III.

An Act to further amend the law relating to Patents loi* Inventions and Improve­ ments in Arts or Mannfactnres and to authorize the appointment of an Examiner

of Patents. July, 1887.]

T X T II ERE AS it is expedient that the sum now payable by way of Preamble.

V V deposit with the Colonial Treasurer pursuant to the Act

sixteenth Victoria number twenty-four intituled “ A n A ct to authorize the Governor-General loith the advice o f the Executive Council to grant Letters o f Legistration fo r ail Inventions and Improvements in the A rts or Manufactures to have the same effect as Letter's Patent in England so f a r as regards this Colony" by persons desiring to obtain Letters Patent under the said Act should he reduced and that hence­ forth the sums so reduced should he paid into and form part of the Consolidated Revenue Eund and it is also expedient to make provision for the temporary jirotection of such Inventions and Improve­ ments and for the appointment of an Examiner of Patents to aid in carrying out the provisions of the Acts relating to Letters Patent Be it therefore enacted by the Queen’s Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of New South M^ales in Parliament assembled and by the anthority of the same as follows :— '

1. Every person claiming to he the author or designer of any Deposit to be paid to

invention in or improvement to the arts or manufactures or his agent ô appiyin̂ or’̂*̂'̂ or assignee who shall desire to obtain Letters Patent shall pay to the Letters Patent and

Colonial application.

No. 3. 5r VIC. 1887.

Patents Law Amendment (Xo. 2).

Colonial Treasurer the sum of five pounds sterling and shall after such payment lodge with the Minister of Justice a petition to the Governor setting forth that j)etitioner is the author or designer or the agent or assignee of such author or designer (as the case may be) of a certain invention in or improvement to the arts or manufactures and specifying (and where necessary illustrating) the particulars of such invention or improvement and that in connection therewith he has paid to the Colonial Treasurer the sum of five pounds.

OoTcrnor may grant 2. I f the Minister of Justice shall after examination of the said

receipt 5'^faTourable P a t e n t s r cp O l’t

report pom Minister to the Govcmor that he approvcs of the prayer of the petitioner it

of J ustice.shall thereupon he lawful for the Governor to grant Letters Patent

which shall then he forwarded to the Examiner of Patents who shall before issuing them to the grantee or his duly authorized agent register them as hereinafter provided.

Certificates of 3. Any person so claiming as aforesaid or his agent or assignee

provisional pro­ may in like manner obtain a certificate entitling him to provisional

tection may be 1 i - n 1 • • j. “ j. j.

obtained on payment pi'otection toi’ any sucii iiivontioii 01’ improvement upon payment to

of two pounds. the Colonial Treasurer of the sum of two pounds sterling and upon

,

depositing with the Minister of Justice a petition addressed to the

Governor and a provisional specification in the prescribed form.

Duration of 4. A certificate of provisional protection shall he in force for

certificates. twelve months and no longer and shall he null and void if before the date of the expiration thereof the lawful holder of such certificate shall fail to make application for Letters Patent in terms of section one of this Act.

Certificates	5. It shall he lawful for the Governor to grant and issue to
superseded by

Letters Patent. the lawful holder of such certificate or to his agent or assignee Letters Patent for the invention or improvement provisionally specified provided that the petitioner so entitled shall have deposited a complete specification setting forth how the invention or improvement is to he carried out and performed and provided also that all the other conditions of sections one and two of this Act shall have been complied with And upon the issue of such Letters Patent the certificate of provisional protection shall he deemed to he cancelled.

Fees payable on	G. The payment of two pounds sterling to the Colonial Treasurer
conversion of

certificates into	on petition for provisional protection and the payment of three pounds
Letters Patent.	sterling on petition for Letters Patent for the same invention shall if both payments are made by the original j)ctitioner or tlic latter pay­ ment by his legal representative he deemed to constitute the payment of five pounds sterling provided for in section one of this Act.

Definit ion of provi­ 7. "While a certificate of provisional protection remains in force

sional protection. the lawful holder thereof may use and publish his invention or im­ provement without prejudice to the issue of Letters Patent for the same and such protection from the consequences of use and publication shall constitute the provisional protection provided for in this Act.

Date of Letters	8.	Letters Patent shall (unless the Minister of Justice shall in any
Patent and limitation

of proceedings for	case otherwise advise) he dated and sealed as of the day of the deposit
interim infringe­	of the petition for provisional protection or if there has been no petition
ments.	for provisional protection then as of the day of the deposit of the petition for the said Letters Patent Provided that no action shall he maintainable in respect of any infringement of an invention or improvement committed before the deposit of the complete spcciti- cation thereof nor shall any person he entitled to institute any pro­ ceedings at law or in equity for infringement until after the actual registration of the Letters Patent granted to him for the inven­ tion or improvement alleged to he infringed.

̂ 9.

1887. .’ll" YTC. Xo. 3.

T?atenis Laio Amendment (No. 2).

9. A certificate of provisional protection sliall be no bar to the Ccviificates for the

granting of a like certificate for tlie same invention to other petitioners l)ut it sball be at the discretion of tbe Minister of Justice to approve or refuse the issue of Letters Patent upon a second or other certificate during tbe continuance of a certificate of prior date for the same invention.

10. Every lawful bolder of a certificate of provisional protection Assignment of

and every grantee of ijctters Patent (whether granted under tliis or tlic Principal Act) sball be at liberty to assign tbe same together with tdl tlie benefits and advantages derivable tberefroin to any person or persons by an instrument in writing under bis band and seal.

11. Plvcry such grantee of Letters Patent sball also be at liberty issue of licenses by

by an instrument in manner aforesaid to grant to any person or persons a license (either exclusive or otherwise and for any portion or portions of the Colony) to manufacture adopt utilize or exercise proprietary or co-projirietary rights over the whole or any portion of tbe invention or improvement wbicbmay be specifically protected by tbe said Letters Patent.

12. Every assignment made under the authority of section ten Xuiiity of assign-

and every license issued under tbe authority of scclion eleven sball be

null and void if not registered in the prescribed time and manner. °

13. All Letters Patent and assignments thereof or licenses Registration of

thereunder and all certificates of provisional protection and assign- oeriTnrateT of ments thereof sball be registered in the oflicc of the Examiner of assignments thereof. Patents by that officer and it shall be lawful for tbe Minister of

Justice after tbe passing of this Act to autborizc and effect tbe removal from the office of tbe Supreme Court mentioned in the said Act to tbe office of tbe Examiner of Patents of all records and registers of grants and assignments of grants made under tbe Principal -Vet.

I t . All sums paid by such persons as aforesaid sball be c a r r i e d by

by tbe Colonial Treasurer to tbe credit of the Consolidated Ptev'enuc

Eund for the public purposes of the Colony. '

l.">. Tbe Governor may appoint some lit and proper person to lUamiuci-of I’atenis.

be an Examiner of Patents who under the dircetion of tbe Minister of Justice shall examine and report to that INfinister upon all petitions for Letters Patent presented after tbe passing of this Act Jdie person so ap])ointed sball be paid such annual salary as Parliament sball provide and sball perform such duties and give such security for tbe faithful performance thereof as the Governor may rcf][iiire.

16. Tbe Governor may make and proclaim regulations for Goromor may mate

Government Gazette bo valid in law Provided that a copy of every such regulation sball be laid before both Houses of Parliament Avitliin fourteen days from the issue tbcrcoE if Parliament be tlien in Session or otherwise within fourteen days after the commencement of the then next ensuing Session.

carrying into full effect tbe provisions of this Act anil the Principal "g""*''>'""• ing assignuients and licenses and making searches of the records in tbe Examiner’s office And all such regulations sball upon jniblication in the

17. Tbe following terms in inverted commas shall for the purjioses intovpretaiicn of

of this Act bear tbe meanings set against them re.spectively :—■

“ Governor”—The Governor ivitli the advice of the Executive

Council.

“ Prescribed”—Prescribed by regulations made under the authority

of this Act.

“ Letters Patent”—Tbe Letters of Eegistration mentioned in the

Act sixteenth Victoria number twenty-four.

“ Principal A ct”—Tbe Act sixteenth Victoria numborTwcnty-foiir.

No. 4. 51« VIC. 1887.

S a y Court-house (Site Acquisition).

Repeal of secs. 2 3	18. The second third and fourth sections of the Act sixteenth
and 4 of 16 Vic.

No. 24. Victoria number twenty-four are hereby repealed but without prejudice to the past operation thereof or to any Letters Patent lawfully granted or assigned thereunder.

Short title and oom- 19. This Act may he styled and cited as the “ Patents Law

mencement of Act.

Amendment Act of 1887” and shall come into operation on the first

day of August one thousand eight hundred and eighty-seven.

Not to prejudice the	20. Nothing in this Act contained shall he construed to the
prerogative of the

Crown. prejudice of the prerogative of the Crown.