Provisional Patents Act 1875 (SA)

A.D. 1875. a

An Act to protect the rights of ipventors of Articles mhibited at

Locnl Exhibitions in: South Austmlia. I

i~ssen ied to, 22nd September, 1875. j

HEREAS The Royal ~ ~ r i c d t u r a l and Horticultural Society Preamble.

W of South Australia, Thei South Australian Chamber of	Manufactures, and various societi4 for the encouragement of arts
and manufactures, have held, and: may hereafter hold, Exhibitions in Adelaide and in other towns apd places, and it is expedient that protection as hereinafter mentionfd should be afforded to persons desirous of exhibiting inventions i or improvements in the arts or manufactures at any such Exhibitibns-Be it therefore Enacted by the Governor of the said ~rovinhe of South Australia, with the advice and consent of the ~e&slative Council and House of Assembly of the said Province, in tbis present Parliament assembled,
as follows: I

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1. Any invention or improvemeht for which letters of registration Proprietors of p

may lawEully be ganted'under The Patent Act, 1859;" or any inventions allowed t o exhibit them without	i 2 i ( g r < '
model plan or design of such ihvention or improvement, may at prejudice tolettersof
any time be publicly exhibited! at any Exhibition hereafter to registration, to be subsequently granted.
be held in Adelaide or in anv to& or olace in the said Province.
5y or under the direction of iny airicufiural, horticultural, or 0th;
society or association, having for alpy of its objects the improvement or encouragement of' arts or manufactures, without prejudice to the validity of any letters of registra$on to be thereafter, and during the term of the provisional registration hereinafter mentioned, granted for such invention and improvement to the author or

designer thereof, or his agent or assienee: Provided-

I. That such invention or impro ement shall have, previous17 to

C i i an9

350 & 390 v rc~hnr i~: NO. 3.

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The Provisioncd Reyisi~ntion',	of Patents Act.--1875.
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any such exhibition thereof, br of any model, plan, or design thereof, as aforesaid, been pryisionally registered in manner hereinafter mentioned:

Ir. That the same be not otherwide publicly exhibited or used or put in operation by or with the consent of the author or designer thereof, or his agent or assignee prior to the granting of any such letters of registration as aforesaid: except as hereinafter mentioned:

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I IT. That no sale or transfer or! contract for sale or transfer of the right to or benefit of an$ invention or improvement so provisionally registered, or c$ the rights acquired under this Act, or to be acquired under any letters of registration, to be granted for sucli invention improvement, shall be deemed a use or putting in operation of such invention or improve- ment; and the publication' of any account or description of such invention or improvement in any catalogue, news- paper, or otherwise, shall not affect the validity of any letters of registration to be' during such term granteci as

aforesaid.

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P U H ~ C *W of inwn-	2. Any public trial of	any such idvention or improvement, which
tion or ilnprovement

not to prejudice	may take place under the direction !of any such society or the coni-
of registration.	mittee thereof, for the purposes cotnectecl with the said Exhibition thereof, and which shall be certifiecj by the secretary of such society to have so talicn place, shall not, wljether such trial took place before or after the passing of this Act, p r q e n t the provisional registration of such invention or iinprovexnen~ nncler this Act, nor prejudice nor affect the validity of any letterk of registration to be granted for
such invention or in~provement dnfing such term as aforesaid.

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In~ention orimpro~e-

ment to be pro- 3. The Registrar-General of the !aid Province, on being furnished visionally registcrod. with a description in writing, sign@ by or on behalf of the person

claiming to be the author or designer, or the agent or assignee of such author or designer of any invehtion or improvement intended to be exhibited as aforesaid (such ';description containing the mnie and place of address of such o er sop), and with a statement of the

time and place at which the Exhiliition tvhereat such invention or

improvement is intended to be shown will be held, and on bcing

satisfied that the description in writing so furnishecl clescribes the nature of the said invention or ibprovement so intended tc be exhjbitecl, and upon payment o< a fee of ten shillings and sixpence (which fee shall go to \ the General Revenue of the said Province), shall nmke and enter a provisional registration of such invention or improvZm4nt, which shall continue in force for the term of six months qom the time of the same being so registered; and the said Registrar-General shall certify unde, his hand that such invention or imprqvement has been provisior ally registered, and the date of such regis!ration, and the name and place of aclclress of the person by or on whose behalf the registration was

effected

3 8 O & 390 VICTORIB, No. 3.

The Provisional Registratio?~ of Pate& Act.-1875.

effected: Provided that if any invention or improvement so pro- visionally registered be not actually exhibited at the Exhibition mentioned in the application aforesaid, or if the same invention or improvement be in use by others at the time of the said registration, or if the person by or; on whose behalf the said regis- tration has been effected be not the first and true originator or discoverer thereof, such registration ,shall be absolutely void.

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4. The description in writing of any invention or improvement so Description to be pre-

provisionally registered -shall be prkserved in the General Registry be served marked ; invention with words to

Office; and any invention or improvement so provisionally registered, pro~isionally re-

shall have the words " provisionally degistered " marked thereon and attached thereto, with the date of the said registration.

or any model plan or dcsign thereof'which shall be exhibited at any gistered."

5. During the period of such prdvisional registration, a petition Letters of registration

for letters of registration may be prepented in respect of any inyen- d wing the period of may be obtained

tion or improvement so provisionally registered by the author or ~ ~; i $; ; $ e r, e ~ ~ ~ ~

designer of such invention or improvement, or his agent or thereof.

assignee; and the proceedings on such petition shall be the same,

and the letters of registration when granted and the letters of

registration when issued shall relate back to the date of such pro-

visional registration, and shall have the same effect as if the petition

for such letters of registration and such letters had respectively been

presented and borne date on the day 'of such provisional registration,

any l a~v to the contrary notwithstan$ng.

Registration of Patents Act, 1875," 'and shall be incorporated with poration. 6. This Act may be cited for all purposes as the " The Provisional short title and incor-

"The Patent Act, 1859," and shall be read and construed therewith 3 1

as forming one Act.

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In the name and on behklf of Her Majesty, I hereby

assent to this Bill.	.
A. BSUSGRAVE, Gov'ernor.
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Adelaide: By authority, M. C. Cox, Government Printer, North-termcc.