unless the Court having power to order discovery in such legal proceeding shall certify that such production or inspection is desirable in the interests of justice and ought to be allowed.

(2.) The books kept under section 13 and section 32 of "The Inventions Ordinance, 1859," shall be deemed to be parts of the Register of Inventions and Address Book respectively.

13.-(1.) The petitioner or petitioners to whom an exclusive privilege has been granted under section 7 of this Ordinance may, at any time not more than one year and not less than six months before the time limited for the expiration of an exclusive privilege under the said section, petition the Governor in Executive Council for an extension of the privilege for a further term.

(2.) When a petition is made under sub-section (1), the Governor in Executive Council may, if he thinks fit, refer it to the District Court of Colombo for report.

(3.) Such Court shall, in making its report, have regard to the nature and merits of the invention in relation to the public, to the profits made thereby, and to all the circumstances of the

case.

(4.) The procedure on the reference shall be such as the Court thinks fit, and may include the issuing of citations calling upon persons claiming to have any interest in the reference to appear before the Court on the day in which the reference is to be considered, or on any day to which the consideration thereof may be adjourned, and make with respect thereto any representations which they may see fit in relation to any of the matters to which the Court is required by the last foregoing sub-section to have regard in making its report.

(5.) If the Governor in Executive Council is of opinion, or, where a reference under sub-section (2), if the Court reports, that the petitioner or petitioners has or have been inadequately remunerated by his or their exclusive privilege, the Governor in Executive Council may, on payment of the fee prescribed in that behalf in the fourth Schedule, make an order extending the term of the privilege for a further term not exceeding seven, or, in exceptional cases, fourteen, years from the expiration of the first term of fourteen

years.

(6.) But an exclusive privilege of which the term has been extended under the last foregoing sub-section shall, notwithstanding anything in that sub-section, ecase if the petitioner or petitioners fails or fail to pay, before the expiration of each year of such extended term, the fee prescribed in the Schedule aforesaid in respect of the continuance of the privilege.

14. An order under section 5, sub-section (1), authorizing the filing of a specification, or under section 13, sub-section (5),

extending the term of an exclusive privilege, may be made subject to such conditions as the Governor in Executive Council thinks expedient.

15.-(1.) An exclusive privilege under this Ordinance shall have to all intents the like effect as against Her Majesty the Queen, her heirs and successors, as it has against a subject.

(2.) But the officers or authorities administering any department of the service of Her Majesty may, by themselves, their agents, contractors, or others, at any time after the delivery of the receipt of the petition for leave to file the specification of an invention, use the invention for the services of the Government on terms to be before or after the use thereof agreed on, with the approval of the Governor in Executive Council, between those officers or authorities and the inventor or inventors, or, in default of such agreement, on such terms as may be settled by the Governor in Executive Council.

16.-(1.) If, after the filing of the specification, the petitioner or petitioners has or have reason to believe that, through mistake or inadvertence, he or they has or have erroneously made any misstatement in his or their petition or specification, or included therein something which, at the date of the delivery or receipt of the petition, was not new, or whereof he or some or one of them was not the inventor, or that the specification is in any particular defective or insufficient, he or they may petition the Governor in Executive Council for leave to file a memorandum pointing out the misstatement, or disclaiming any part of the alleged invention, or for leave to file an amended specification, as the case may be.

(2.) The petition must be in writing, signed by the petitioner or petitioners, and must state how the error, defect, or insufficiency occurred, and that it was not fraudulently intended.

(3.) Upon the petition the Governor in Executive Council may make an order allowing the memorandum or amended specification to be filed.

(4.) No amendment shall be allowed that would make the specification, as amended, claim an invention substantially larger than, or substantially different from, the invention claimed by the specification as it stood before amendment.

(5.) The provisions of section 5 with respect to petitions, and of section 8 with respect to specifications, shall apply, so far as they can be made applicable, to petitions and to amended specifications respectively made and filed under this section.

17. An amended specification filed under the last foregoing section shall, except as to any action or proceeding relating to the exclusive privilege which may be pending at the time of the filing of the amended specification, have the same effect as if it had been

the specification first filed: Provided that nothing in an amended specification shall be construed to extend or enlarge an exclusive privilege before acquired.

18. A person shall not be entitled to an exclusive privilege under this Ordinance

(a.) If the invention is of no utility; or

(b.) If the invention, at the date of the delivery or receipt of the petition for leave to file the specification thereof, was not a new invention within the meaning of this Ordinance; or

(c.) If the petitioner or some one or more of the petitioners is or are not the inventor or inventors thereof; or

(d.) If the original or any amended specification does not fulfil the requirements of this Ordinance; or

(e.) If the original or any subsequent petition relating to the invention, or the original or any amended specification, contains a wilful or fraudulent misstatement; or

(f) If the petition for leave to file the specification of the invention was made under this Ordinance after the expiration of one year from the date of the acquisition of an exclusive privilege in respect of the invention in any place beyond the limits of the Colony and the United Kingdom.

19. An invention shall be deemed a new invention within the meaning of this Ordinance if it has not, before the date of the delivery or receipt of the petition for leave to file the specification thereof, been publicly used in any part of the Colony or of the United Kingdom, or been made publicly known in any part of the Colony or of the United Kingdom by means of a written publication.

20. The public use or knowledge of an invention before the date of the delivery or receipt of the petition for leave to file a specification thereof shall not be deemed a public use or knowledge within the meaning of this Ordinance if the knowledge has been obtained surreptitiously or in fraud of the inventor or inventors, or has been communicated to the public in fraud of the inventor or inventors, or in breach of confidence: Provided that the inventor or inventors has or have not acquiesced in the public use of his or their invention, and that, within six months of that use, he or they petitions or petition for leave to file a specification.

21. Use of an invention in public by the inventor or inventors thereof, or by his or their servant or agent, or by any other person by his or their licence in writing, for a period not exceeding one year immediately preceding the date of the delivery or receipt of his or their petition for leave to file a specification thereof, or knowledge of the invention resulting from such use thereof in public, shall not be deemed a public use or knowledge within the meaning of this Ordinance.

22. If the inventor or inventors who has or have obtained a patent for his or their invention in the United Kingdom causes or cause a petition for leave to file a specification of the invention under this Ordinance to be delivered or received by the Colonial Secretary within twelve months from the date of actual sealing of the patent, the invention shall be deemed a new invention within the meaning of this Ordinance, if it was not publicly used or known in the Colony at or before the date of the application for the patent, notwithstanding that it may have been publicly used or known in the Colony or in some part of the United Kingdom before the date of the delivery or receipt of the petition under this Ordinance for leave to file the specification.

23. If the inventor or inventors petitions or petition for leave to file a specification under this Ordinance while his or their application for a patent is pending in the United Kingdom, and the interval between the date of his or their application for the patent and the date of the delivery or receipt of his or their petition under this Ordinance does not exceed twelve months, the invention shall not be deemed to have been publicly used or made publicly known within the meaning of this Ordinance by reason only of the invention having been used, or a description thereof having been published, in the Colony or in any part of the United Kingdom during the interval.

24. If an inventor, being the exhibitor of his invention at an industrial or international exhibition, certified as such by the Governor, causes a petition for leave to file a specification of the invention to be delivered to, or received by, the Colonial Secretary within six months from the date of the admission of the invention into that exhibition, the invention shall not be deemed to have been publicly used, or made publicly known, within the meaning of this Ordinance, by reason only of the invention having at any time after its admission into the exhibition been publicly used or made publicly known.

25.-(1.) An exclusive privilege acquired under this Ordinance shall cease if the Governor in Council declares the privilege, or the mode in which it is executed, to be mischievous to the State, or generally prejudicial to the public.

(2.) It shall also cease if a breach of any condition on which the petitioner or petitioners was or were authorized to file a specification, or on which the term of the exclusive privilege was extended, is, on an application under this Ordinance to the District Court of Colombo, proved to the satisfaction of that Court, and if the Governor in Executive Council thereupon declares the privilege to have ceased.

26.-(1.) An exclusive privilege acquired under this Ordinance. in respect of an invention for which a patent has been obtained in

the United Kingdom shall cease on the revocation or expiration of the patent.

(2.) Such a privilege in respect of an invention for which a patent has not been obtained in the United Kingdom shall cease on the revocation or expiration of any patent or exclusive privilege which has been obtained or acquired for or in respect of the invention in any other country.

27.-(1.) Any person or persons may institute an action in the District Court of Colombo against any person who, during the continuance of an exclusive privilege acquired by him or them under the Ordinance in respect of an invention, makes, sells, or uses the invention without his or their licence, or counterfeits or imitates it.

(2.) The action shall not be defended upon the ground of any defect or insufficiency of the specification of the invention, or upon the ground that the original or any subsequent petition relating to the invention, or the original or any amended specification contains a wilful or fraudulent misstatement, or upon the ground that the invention is of no utility.

(3.) Nor shall it be defended upon the ground that the plaintiff or plaintiffs was or were not the inventor or inventors, unless the defendant or defendants shows or show that he cr they is or are the actual inventor or inventors, or has or have obtained from the actual inventor or inventors a right to make, sell, or use the invention, or to counterfeit or imitate it, as the case may be.

(4.) Nor shall it be defended upon the ground that the invention was not new, unless the defendant or defendants, or some person through whom he or they claims or claim, has or have, before the date of the delivery of the petition for leave to file the specification, publicly or actually used in the Colony or any part of the United Kingdom the invention, or that part of it with respect to which the exclusive privilege is alleged to have been infringed.

28. Any person or persons may apply to the District Court of Colombo for a rule to show cause why the Court should not declare that an exclusive privilege in respect of an invention to be specified in the rule has not been acquired under the Ordinance by reason of all or any of the objections following (to be specified in the rule), that is to say :

(a.) That the invention is of no utility; or

(b.) That the invention was not, at the date of the delivery or receipt of the petition for leave to file the specification, a new invention within the meaning of this Ordinance; or

(c.) That the petitioner was not, or none of the petitioners was, the true inventor thereof; or

(d.) That the original or any amended specification does not fulfil the requirements of this Ordinance; or