Proc. No. 22 of 1902.

Actions for in

43. Subject to the provisions of sub-section 2 of fringement of patent. section 11 of this Proclamation an action for an infringement of a patent may be instituted in the Court by a patentee against anyone who after the publication of the complete specification exercises, sells, makes use of, applies, imitates, or copies the invention in question without the consent or licence of the patentee. Every ground on which a patent may be revoked shall be available by way of defence to an action for the infringement of a patent.

Procedure therein.

Court may call in experts.

Order for suspen

44. (1) In an action for infringement of a patent the plaintiff must deliver with his statement of claim, or by order of the Court or a Judge in Chambers at any subsequent time, particulars of the breaches complained of.

(2) The defendant must deliver with his statement of defence, or by order of the Court or a Judge in Chambers at any subsequent time, particulars of any objections on which he relies in support thereof.

(3) If the defendant disputes the validity of the patent the particulars delivered by him must state on what grounds he disputes it, and if one of those grounds is "want of novelty" must state the time and place of the previous publication or user alleged by him; and if the publication is to be found in books, papers, or other documents, copies or extracts of the same stating the title, edition, place and date of publication or compilation thereof, shall be annexed to the particulars of objections.

(4) At the hearing no evidence shall, except by leave of the Court, be admitted in proof of an alleged infringement or objection of which particulars are not so delivered.

(5) Particulars delivered may be from time to time amended by leave of the Court or a Judge in Chambers.

(6) On taxation of costs regard shall be had to the particulars delivered by the plaintiff and by the defendant; and they respectively shall not be allowed any costs in respect of any particular delivered by them, unless the same is certified by the Court to have been proven or to have been reasonable and proper without regard to the general costs of the case.

45. In an action or proceeding for infringement or revocation of a patent the Court may, of its own accord, or at the request of one or both of the parties, call in the services of an expert, with whose assistance the whole case or a part thereof shall be dealt with and decided. The remuneration of such expert shall be fixed by the Court.

46. In an action for infringement of a patent the Court sion, inspection, &c. may on application of one of the parties order the suspension or cessation of work, the production, furnishing or keeping of accounts, or the holding of an inspection, and may impose such terms and give such directions respecting the same and the proceedings thereon as the Court may see fit.

Proc. No. 22 of 1902.

Certificate of valid

47. In an action for infringement of a patent the Court may certify that the validity of the patent came in question; ity questioned and and if the Court so certifies then in any subsequent action for costs thereon. infringement the plaintiff in that action on obtaining a final order or judgment in his favour shall have his full costs, charges and expenses as between attorney and client, unless the Court trying the action certifies that he ought not to have the same.

48. Where any person claiming to be the patentee of an Remedy in case of invention by circulars, advertisements or otherwise threatens groundless threats of any other person with legal proceedings or liability in respect legal proceedings. of any alleged manufacture, use, sale or purchase of the invention, any person or persons aggrieved thereby may bring an action against him, and may obtain an interdict against the continuance of such threats, and may recover such damage (if any) as may have been sustained thereby if the alleged manufacture, use, sale or purchase to which the threats related was not in fact an infringement of any legal rights of the person making such threats: Provided that this section shall not apply if the person making such threats with due diligence commences and prosecutes an action for infringement of his patent.

49. Every patent shall be granted for one invention only, but may contain more than one claim provided that no one shall be entitled to object to a patent on the ground that it embraces more than one invention.

Patent for one invention only.

for

50. (1) If a person possessed of an invention dies without Application making application for a patent for the invention, application patent by representmay be made by and a patent for the invention granted to his ative of deceased legal representative.

(2) Every such application must be made within twelve months of the decease of such person, and must contain a declaration by the legal representative that he believes such person to be the true and first inventor of the invention.

51. A patent granted to the true and first inventor shall not become ineffective or void by reason of an application for letters patent being made in fraud of him or by reason of provisional protection being obtained thereupon, or by reason of the use or publication of such invention after the filing of the application during the period of provisional protection.

52. A patentee may transfer to another person his patent for any place in or for any part of this Colony as effectually as if the patent had been granted only for such a place in or such party of this Colony; but no transfer or cession of a patent or part of a patent shall be legal unless such transfer or cession be made by means of a notarial deed and duly registered at the office of the Commissioner.

53. The exhibition of an invention at an international or

industrial exhibition, or the publication of a description of the invention during the time of any such exhibition, or the use of the invention for purposes of the exhibition at the place where it is held, or the use of the invention during the time of the exhibition at another place by someone not authorized thereto

inventor.

Patent to first inventor not invalidated by application in fraud of him.

Transfer for particular places.

Exhibition at inexhibition dustrial not to prejudice patent rights.

Proc. No. 22 of 1902.

Governor may demand models.

Representatives may act for infants,

&c.

Exercise of discre

Commissioner.

by the inventor shall not prejudice the right of the inventor or his legal representative to apply for and obtain provisional protection and a patent for his invention, and shall not affect the validity of the patent obtained on such application: Provided always that the following two conditions are observed :

(a) The exhibitor shall previous to exhibiting his invention inform the Commissioner in writing of his intention so to do.

(b) The application for a patent must be made within six months from the opening of the exhibition.

54. The Governor may demand from a patentee at any time a model of his invention on payment of the costs of making the same, the amount of which in case of dispute shall be fixed by arbitrators. The destination of such models shall be determined by the Governor.

55. If anyone is unable by reason of tender age or weakness of mind or other incapacity to make a declaration or perform an act required or permitted by this Proclamation, or by any rules made under it, then his guardians or curators, or failing these a person appointed by the Court on the application of anyone on behalf of such person, or on the application of anyone interested in the making such declaration, or performing such act, may make such a declaration or one as near as possible to the one prescribed, or do such act in the name and on behalf of such aforesaid person. All acts done by such representative shall for the purposes of this Proclamation be as effectual as if done by the person so represented.

56. Where any discretionary power is by this Proclamation tionary power by given to the Commissioner he shall not exercise that power adversely to the applicant for a patent or for amendment of a specification without (if so required within the prescribed time by the applicant) giving the applicant an opportunity of being heard personally or by his attorney or patent agent.

Patent to bind Crown.

Assignment to Secretary for War of

certain inventions.

57. (1) A patent shall have to all intents the like effect as against His Majesty the King, his heirs and successors, as it has against a subject.

(2) But the officers or authorities administering any department of the service of His Majesty in his Colonial Government may by themselves, their agents, contractors or others, at any time after the application use the invention for the services of the Crown on terms to be before or after the use thereof agreed on, with the approval of the Comptroller of the Treasury, between those officers or authorities and the patentee, or in default of such agreement on such terms as may be settled by the Comptroller of the Treasury after hearing all parties interested.

58. (1) The inventor of any improvement in instruments or munitions of war, his heirs, executors or assigns (who are in this section comprised in the expression "the inventor") may (either for or without valuable consideration) assign to such

person as may be approved of by His Majesty's principal Secretary of State for the War Department on behalf of His Majesty, all the benefit of the invention, and of any patent obtained or to be obtained for the same; and the person so approved of by the said Secretary of State may be a party to the assignment.

(2) The assignment shall effectually vest the benefit of the invention and patent in the said Secretary of State for the time being on behalf of His Majesty, and all covenants and agreements therein contained for keeping the invention secret, and otherwise, shall be valid and effectual (notwithstanding any want of valuable consideration), and may be enforced accordingly by the said Secretary of State for the time being.

(3) Where any such assignment has been made to the person so approved of by the said Secretary of State as aforesaid, the said Secretary of State or such person as aforesaid may, at any time before the application for a patent for the invention, or before publication of the specification or specifications, certify to the Commissioner his opinion that in the interest of the public service the particulars of the invention, and of the manner in which it is to be performed, should be kept secret.

(4) If the said Secretary of State or such person as aforesaid so certifies the application any specification or specifications with the drawings (if any), and any amendment of the specification or specifications, and any copies of such documents and drawings, shall instead of being left in the ordinary manner at the Patent Office be delivered to the Commissioner in a packet sealed by authority of the said Secretary of State or such person as aforesaid.

(5) Such packet shall, until the expiration of the term or extended term during which a patent for the invention may be in force, be kept sealed by the Commissioner, and shall not be opened save under the authority of an order of the said Secretary of State or such person as aforesaid, or of the Attorney-General.

(6) Such sealed packet shall be delivered at any time during the continuance of the patent to any person authorized by writing under the hand of the said Secretary of State, or such person as aforesaid to receive the same, and shall if returned to the Commissioner be again kept sealed by him.

(7) On the expiration of the term or extended term of the patent such sealed packet shall be delivered to any person authorized by writing under the hand of the Secretary of State or such person as aforesaid to receive it.

(8) Where the Secretary of State or such person as aforesaid certifies as before-mentioned after an application for a patent has been left at the Patent Office, but before the publication of the specification or specifications, the application, specification or specifications with the drawings (if any), shall be

Proc. No. 22 of 1902.

Proc. No. 22 of 1902.

Register of Patent Agents.

Application of Proclamation.

forthwith placed in a packet sealed by authority of the Commissioner, and such packet shall be subject to the foregoing provisions respecting a packet sealed by authority of the Secretary of State.

(9) No proceeding by petition or otherwise shall lie for revocation of a patent granted for an invention in relation to which the Secretary of State or such person as aforesaid has certified as before mentioned.

(10) No copy of any specification or other document or drawing by this section required to be placed in a sealed packet shall in any manner whatever be published or open to the inspection of the public, but save as in this section otherwise directed the provisions of this Proclamation shall apply in respect of any such invention and patent as aforesaid.

(11) The Secretary of State or such person as aforesaid may at any time by writing under his hand waive the benefit of this section with respect to any particular invention, and the specifications, documents, and drawings shall be thenceforth kept and dealt with in the ordinary way.

(12) The communication of any invention for any improvement in instruments or munitions of war to the Secretary of State, or to such person as aforesaid, or to any person or persons authorized by the Secretary of State, or such person as aforesaid to investigate the same or the merits thereof shall not, nor shall anything done for the purposes of the investigation be deemed use or publication of such invention so as to prejudice the grant or validity of any patent for the same.

59. (1) After the first day of August, 1902, a person shall not be entitled to describe himself as a patent agent, whether by advertisement, by description on his place of business, by any document issued by him, or otherwise, unless he is registered as a patent agent, in pursuance of this Proclamation, or any rules to be made hereunder.

(2) Provided that every person who proves to the satisfaction of the Attorney-General that prior to the 11th day of October, 1899, he had been bond fide practising as a patent agent, shall be entitled to be registered as a patent agent in pursuance of this Proclamation.

(3) If any person knowingly describes himself as a patent agent in contravention of this section, he shall be liable to a fine not exceeding fifty pounds, to be imposed by a Court of Resident Magistrate.

60. This Proclamation shall extend to all letters patent granted before the commencement of this Proclamation (except as to fees, which became due for renewals of such letters patent before the commencement of this Proclamation), and to all applications then pending in substitution for such enactments as