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model erg gee a US 2 ROLE. *up require the petitioner
S 21 PINI SCI. 2 DNIEL and substantiau y made stue man. ai i SHS not exæedirg those ar specii 1 zie SSD Si.
541) por a pena bez sie sin gang dun. ZIRE Guvernor n Executive Coac n. sie si pur si ULTS ft, Date an ordez satiring the perime r e
a specification of the isteza.
(2.) Bezze mi 3 ses bez wz3-cesine . as Sirena in Executive Counci ca TE ZIE JESTEL Z TRI ir aquary and report to ' PASI TIM I a ir.
(3.) Beloze szca Tet ice is eiti neue r 20tionens shall deposi t e Count Secur. II. 5 De 28 the Governor 3 Esacatite Con MIT JW 1 T ORTS prescribe, soce se to deny i ze :: e
Sie sie Governor in Executive Counci IT n E
1.) If tbe sum is so deposited ne me NSi . 312 petation may be rejected
(3.) If tbe persoC 10 Ti De Dan is azi a UE Bie nature of tbe vratio s
DELT IN THE I consists is Lot suheli. darba I I DUE In sc Deated by such partitars reg as the MIDI- E ste cravings or photograp's ssie Gresie Exem* i TS bare required, the Governo - Esztere Can I =I& iše petition may be amended or farte se
eu fetition is proceeded with
6.-(1) 1 110 or more petites se LDE EI TIE SEE IF lesve to file specifications of izretions icime 11 23.12 3 Executive Council to be idest. ut c m 2 * It Ducat identical, tbe Governor in Executive Cone 7 1 . DER authorize both or all tbe petationen, s en 11 21€ 1 IS. of this Ordinance, to Ele specifiestāzes al mar an M L
(2.) If they petition on diferent dans 5.c 31 te gees tuone of such inventions as aforesaic,
la fel 10 applied on the first on the attent le mani se teel al iare a preferential claim to an orcer 21 TIRE 2 funy v e ve their specifications.
1.-1.) If within six mouths froste ne ić w section 3, sub-sectiou (1), or vitsai. snc 16 ME. IK EL three monthe, as the Governor is ExtITS Chic nie b . I may, on cause shown to his sutastattaun, and at :2001. presenbed in that behalf in the fourta Sebest me 1 :: 1.0 petitioner or petitioners causes or c e a spesifiI L L ee invention to be filed in manner by this Orc :.LE POULSEL BIL sit (5.) “Inventor," "actual inventor,” and “petitioner" include the executors, administrators, or assigns of an inventor, actual inventor, and petitioner, as the case may be ;
(6.) “ Manufacture” includes any art, process, or manner of producing, preparing, or making an article, and also any article prepared or produced by manufacture;
(7.) “ Write” includes print, lithograph, photograph, engrave, and every other mode in which words or figures can be expressed on paper or on any substance ;
(8.) “Colonial Secretary” means any person acting as and for the Colonial Secretary, and includes any assistant to the Colonial Secretary to the extent to which he may be authorized by general or special order of the Governor to discharge the functions of the Colonial Secretary under this Ordinance.
4.-(1.) The inventor of a new manufacture, or two or more persons, some or one of whom only are or is the true and first inventors or inventor of a new manufacture, may petition the Governor for leave to file a specification thereof.
(2.) Any person, whether a British subject or not, may petition for such leave.
(3.) The petition must be in writing, signed by the petitioner or petitioners, or, in case the petitioner or petitioners shall be absent from Ceylon, by an agent authorized thereto on his or their behalf, and in the Form (A) in the second Schedule, or in such other form as may be from time to time prescribed, if the inventor or inventors has or have not obtained a patent in the United Kingdom, and in the Form (B) in the said Schedule, or in such other form as may be from time to time prescribed, if he or they has or have obtained a patent in the United Kingdom.
(4.) The petition must contain a declaration to the effect that the petitioner is in possession of an invention whereof he, or in the case of a joint petition, one or more of the petitioners, claims or claim to be the true and first inventor or inventors, and for which he or they desires or desire to obtain leave to file a specification ; and it must state the name, occupation, and address of the petitioner or petitioners, and, where a patent has been obtained in the United Kingdom, the date of the patent and the date of the actual sealing thereof, and must describe with reasonable precision and detail the nature of the invention and of the particular novelty whereof it consists, and be supplemented by such further particulars relating to the invention, and by such drawings or photographs illustrative thereof, as the Governor in Executive Council may see fit to require from the petitioner or petitioners.
(5.) If in any case it appears to the Governor in Executive Council that a petition ought to be further supplemented by a
model of anything alleged to constitute an invention, he may require the petitioner or petitioners to furnish such a model, neatly and substantially made of durable material, and of dimensions not exceeding those, if any, specified in the requisition therefor.
5.4(1.) Upon a petition under the last foregoing section, the Governor in Executive Council may, after such inquiry as he thinks fit, make an order authorizing the petitioner or petitioners to file a specification of the invention.
(2.) Before making an order under sub-section (1), the Governor in Executive Council shall direct that the petition be referred for inquiry and report to any person whom he thinks fit.
(3.) Before such petition is so referred, the petitioner or petitioners shall deposit with the Colonial Secretary, within such time as the Governor in Executive Council may by rule or otherwise prescribe, such sum to defray the fee to be paid to the referee as the Governor in Executive Council may determine.
(4.) If the sum is not deposited within the time prescribed, the petition may be rejected.
(5.) If the person to whom the petition is referred reports that the nature of the invention and of the particular novelty whereof it consists is not sufficiently described, or that it has not been supplemented by such particulars relating to the invention, or by such drawings or photograpbs as the Governor in Executive Council may hare required, the Governor in Executive Council may require that the petition may be amended or further supplemented before the petition is proceeded with.
6.-(1.) If two or more petitions are made on the same day for leave to file specifications of inventions which appear to the Governor in Executive Council to be identical, or so similar as to be practically identical, the Governor in Executive Council may in his discretion authorize both or all the petitioners, subject to the other provisions of this Ordinance, to file specifications of their respective inventions.
(2.) If they petition on different days for leave to file specifications of such inventions as aforesaid, the petitioner or petitioners who applied on the first of the different days shall be deemed to bave a preferential claim to an order authorizing the filing of his or their specifications.
7.-(1.) If within six months from the date of an order under section 5, sub-section (1), or within such further time, not exceeding three months, as the Governor in Executive Council in his discretion may, on cause shown to his satisfaction, and on payment of the fee prescribed in that behalf in the fourth Schedule, see fit to allow, the petitioner or petitioners causes or cause a specification of his or their invention to be filed in manner by this Ordinavce required, and the
fee prescribed in the fourth Schedule in respect of the filing of the specification to be paid, the petitioner or petitioners shall, subject to the other provisions of this Ordinance, be entitled to a grant to be issued by the Governor under the public seal of the Colony, in the form set forth in the third Schedule, or in such other form as may be from time to time prescribed, of the exclusive privilege of making, selling, and using the invention in Ceylon, and of authorizing others so to do, for a term of fourteen years from the date of the delivery to, or receipt by, the Colonial Secretary of the petition.
(2.) But an exclusive privilege in respect of an invention of a new manufacture shall, notwithstanding anything in sub-section (1), cease if the inventor or inventors fails or fail to pay, within the time limited in that behalf by the fourth Schedule, any fee prescribed in that Schedule in respect of the continuance of the privilege.
(3.) If, nevertheless, in any case, by accident, mistake, or inadvertence, the inventor or inventors fails or fail to pay any such fee within the time so limited, he or they may apply to the Governor in Executive Council for an enlargement of the time for making the payment.
(4.) Thereupon the Governor in Executive Council may enlarge the time accordingly on payment of the fee prescribed in that behalf in the fourth Schedule, and subject to the following conditions, namely :
(a.) The time for making a payment shall not in any case be enlarged for more than three months; and
(6.) If any action is instituted in respect of an infringement of the exclusive privilege committed after a failure to make a payment within the time limited for the making thereof, and before the enlargement of that time, the Court disposing of the action may, if it thinks fit, refuse to award or give any damages in respect of the infringement.
8.--(1.) A specification filed under this Ordinance must be in writing, signed by the petitioner or petitioners, must commence with the title, and must set forth the precise invention in respect of which the petitioner or petitioners claims or claim to become entitled to an exclusive privilege.
(2.) If the specification is of an invention which is an improvement only, it must by explicit language distinguish between what is old and what is claimed to be new.
(3.) Every specitication must explain the principle of the invention set forth therein, and the best and latest mode in which the petitioner or petitioners bas or have contemplated applying that principle, and must describe the manner of making and using the invention in such full, clear, concise, and exact terms as to enable
any person of ordinary skill in the art or seience to which the invention appertains, or with which it is most closely connected, to make or use the same.
(4.) Every specification must end with a distinct statement of the invention claimed.
9. Every petition for leave to file a specification, and every specification filed under this Ordinance, must be left with, or sent by post to, the Colonial Secretary, and the date of the delivery or receipt thereof shall be indorsed thereon, and recorded in his office.
10.-(1.) A book, to be called the Register of Inventions, shall be kept in the office of the Colonial Secretary, wherein shall be entered and recorded every petition for leave to file a specification, every order made on such petition, every specification filed in pursuance thereof, and every subsequent proceeding relating to the invention described therein, except the report of the referee.
(2.) Petitions for leave to file a specification shall be numbered consecutively in the order in which they are delivered or received, and be dated as of the day of their delivery or receipt, and shall be entered in the register of inventions in the order of their respective numbers.
(3.) A reference shall be made in that register, in the margin of the entry of each petition, to every order on or in respect of the petition, to the specification, if any, filed in pursuance thereof, and to every subsequent proceeding relating to the invention which forms the subject of the petition.
11.-(1.) Another book, to be called the Address Book, shall be kept in the office of the Colonial Secretary, wherein any person or persons filing a specification under this Ordinance, or any person or persons in whom an exclusive privilege acquired under this Ordinance, or any share or interest therein, may become vested, may from time to time cause to be stated some place in the Colony where notice of any rule or proceeding relative to the exclusive privilege may be served on him or them.
(2.) A reference to each entry in the Address Book shall be made in the Register of Inventions in the margin of the entry in that register of the petition for leave to file the specification.
12.-(1.) Every entry in the Register of Inventions or Address Buok, and cvery document entered and recorded in the register, shall, for the purposes of the law of evidence for the time being in force, be deemed to be a public document, and shall be open to the inspection of any person at all reasonable times in the office of the Colonial Secretary : Provided that the report of the referee shall not in any case be published or open to public inspection, and shall not be liable to production or inspection in any legal proceeding,