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may refuse to accept the application, or require that the application, specification, or drawings be amended before he proceeds with the application; and in the latter case the application shall, if the Registrar so directs, bear date as from the time when the requirement is complied with.

(2.) If he finds the application and specification to be in accordance with this Act and the prescribed regulations, he shall accept the same by indorsing on the application the word "Accepted," with his signature and the exact time of such acceptance, and shall cause the said time of acceptance to be recorded in the Patent Office.

(3.) When an application has been accepted the Registrar shall give notice thereof to the applicant.

10. If after an application for a patent has been made, but before the patent thereon has been sealed, another application for a patent is made accompanied by a specification bearing the same or a similar title, the Registrar, if he thinks fit, on the request of the second applicant, or of his legal representative, may, within two months of the grant of a patent on the first application, either decline to proceed with the second application or allow the surrender of the patent, if any, granted thereon.

11. If the applicant does not leave a complete specification with his application, he may leave it at any subsequent time within nine months from the date of the acceptance of the application and unless a complete specification is left within that time the application shall be deemed to be abandoned.

12.-(1.) Where a complete specification is left after a provisional specification the Registrar shall examine both specifications for the purpose of ascertaining whether the complete specification has been prepared in the prescribed manner, and whether the invention particularly described in the complete specification is substantially the same as that which is described in the provisional specification.

(2.) If he finds that the conditions herein before contained have not been complied with, the Registrar may refuse to accept the complete specification unless and until the same shall have been amended to his satisfaction; but any such refusal shall be subject to appeal to the Court.

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(3.) The Court shall hear the applicant and the Registrar or any appearing on behalf of either of them, and may make an order determining whether and subject to what conditions (if any) the complete specification shall be accepted.

13. Unless a complete specification is accepted within twelve months from the date of the application, then (save in the case of an appeal having been lodged against the refusal to accept) the

application shall, at the expiration of those twelve months, become void.

14. Where an application for a patent has been abandoned or become void, the provisional specification and drawings (if any) accompanying or left in connection with such application shall not at any time be open to public inspection, or be published by the Registrar.

15. On the acceptance of the complete specification the Registrar shall advertise the acceptance in the "Gazette," and the application and specification or specifications with the drawings (if any) shall be open to public inspection.

16.-(1.) Any person may, at any time within two months from the date of the advertisement of the acceptance of a complete specification, give notice in writing in duplicate at the Patent Office of opposition to the grant of the patent, and shall state in such notice the particular grounds of his objection.

(2.) Where notice of opposition is given, the Registrar shall appoint a day for hearing the opposition, not being earlier than fourteen nor later than twenty-eight days after receiving notice thereof, and shall give notice of the hearing so appointed and of the opposition to the applicant, and shall, after hearing the applicant and the person so giving notice, if desirous of being heard, decide

on the case.

(3.) The decision of the Registrar, however, shall be subject to appeal to the Court, which may hear the applicant and any person so giving notice and being, in the opinion of the Court, entitled to be heard in opposition to the grant, and shall determine whether the grant ought or ought not to be made.

17. On the expiration of two months from the date of the acceptance of an application if there is no opposition, or, in case of opposition, if the determination is in favour of the grant of a patent, as soon as the decision is made or given a patent may be granted; and at any time thereafter before the expiration of the term of provisional protection, on application in writing by the applicant or his agent, with payment of the fee thereon, the Registrar shall cause a patent to be prepared for such invention, and the Governor may direct such patent to be sealed with the Seal of the Colony.

18. A patent shall be sealed as soon as may be, and not after the expiration of fifteen months from the date of the application, except in the cases hereinafter mentioned, that is to say :

(a.) When the sealing is delayed by an appeal to the Court, the patent may be sealed at such time as the Court may direct;

(b.) Where the application for sealing is made before the expiration of the term of provisional protection, but the sealing is delayed through accident, and not from the wilful default of the

applicant, the patent may be sealed at such time as the Governor may direct;

(c.) If the person making the application dies before the expiration of the fifteen months aforesaid, the patent may be granted to his legal representative and sealed at any time within twelve months after the death of the applicant.

19. Notwithstanding anything contained in sections 11, 13, and 18, a complete specification may be left and accepted within such extended times, not exceeding one month and three months respectively after the nine and twelve months respectively mentioned in the aforesaid sections 11 and 13, as the Registrar may, on payment of the prescribed fee, allow; and, where such extension of time has been allowed, a further period of four months after the fifteen months mentioned in section 18 shall be allowed for the sealing of the patent.

Patent.

20. Every patent shall be dated and sealed as of the day of the acceptance of the application.

But no proceedings shall be taken in respect of an infringement committed before the publication of the specification.

In case of more than one application for a patent for the same invention, the sealing of a patent on one of those applications shall not prevent the sealing of a patent on an earlier application.

21. Every patent when sealed shall have effect throughout the colony and its dependencies.

22. (1.) The term limited in every patent for the duration thereof shall be fourteen years from the date from which it takes effect.

(2.) But every patent shall, notwithstanding anything therein or in this Act, cease if the patentee fails to make the prescribed payments within the prescribed times.

23. Every patent shall be granted for one invention only, but may contain more thau one claim; but it shall not be competent for any person in an action or other proceeding to take any objec tion to a patent on the ground that it comprises more than one

invention.

24. Every patent shall be in the form contained in the First Schedule, or to the like effect, and shall be made subject to the provisions of this Act, and to the conditions and restrictions that may be inserted in such patent by virtue thereof.

25. If in any case, by accident, mistake, or inadvertence, an applicant for a patent, or a patentee, fails to make any prescribed payment within the prescribed time, he may apply, on payment of an

application-fee of 17., to the Registrar for an enlargement of the time for making that payment.

Thereupon the Registrar shall, if satisfied that the failure has arisen from any of the above-mentioned causes, on receipt of the prescribed fee, enlarge the time accordingly, subject to the following conditions:

(a.) The time for making any payment shall not in any case be enlarged for more than three months:

(b.) If any proceeding shall be taken in respect of an infringement of the patent committed after a failure to make any payment within the prescribed time, and before the enlargement thereof, the Court before which the proceeding is proposed to be taken may, if it shall think fit, refuse to award or give any damages in respect of such infringement.

Provisional Protection.

26. After the acceptance of an application for a patent in respect of an invention, the invention may, during the period between the date of the application and the date of sealing such patent, be used and published without prejudice to the patent to be granted for the same; and such protection from the consequences of use and publication is in this Act referred to as "provisional protection."

27. During the aforesaid term of provisional protection the applicant may, by notice in writing signed by him and delivered or sent by post to the Registrar, abandon his application, and thereupon such protection shall cease.

28. After the acceptance of a complete specification, and until the date of sealing a patent in respect thereof, or the expiration of the time for sealing, the applicant shall have the like privileges and rights as if a patent for the invention had been sealed on the date of the acceptance of the complete specification.

But an applicant shall not be entitled to institute any proceeding for infringement unless and until a patent for the invention has been sealed.

29. In any case where the determination of the Registrar is not in favour of the grant of a patent, the invention for which such patent is sought shall thereupon, or upon the confirmation of such determination if appealed from, cease to be protected.

Amendment of Specification.

30.-(1.) An applicant or a patentee may, from time to time, by request in writing left at the Patent Office, seek leave to amend his specification, including drawings forming part thereof, by way of

disclaimer, correction, or explanation, stating the nature of such amendment and his reasons for the same.

(2.) The request and the nature of such proposed amendment shall be advertised by the Registrar in the "Gazette;" and at any time within one month from its advertisement any person may give notice at the Patent Office of opposition to the amendment.

(3.) Where such notice is given the Registrar shall give notice of the opposition to the applicant or patentee, and shall hear and decide the case subject to an appeal to the Court, which may hear the applicant or patentee and the person so giving notice, and being, in the opinion of the Court, entitled to be heard in opposition to the request, and shall determine whether and subject to what conditions, if any, the amendment ought to be allowed.

(4.) Where no notice of opposition is given or the person so giving notice does not appear the Registrar shall determine whether and subject to what conditions, if any, the amendment ought to be allowed.

(5.) When leave to amend is refused by the Registrar the person making the request may appeal from his decision to the Court, which may hear the person making the request and the Registrar or any person appearing on his behalf, and may make an order determining whether and subject to what conditions, if any, the amendment ought to be allowed.

(6.) 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.

(7.) Leave to amend shall be conclusive as to the right of the party to make the amendment allowed, except in case of fraud; and the amendment shall in all Courts and for all purposes be deemed to form part of the specification.

(8.) The foregoing provisions of this section do not apply when and so long as any action for infringement or other legal proceeding for revocation of a patent is pending.

31. In an action for infringement of a patent, and in a proceeding for revocation of a patent, the Court or a Judge may at any time order that the patentee shall, subject to such terms as to costs and otherwise as the Court or a Judge may impose, be at liberty to apply at the Patent Office for leave to amend his specification by way of disclaimer, and may direct that in the meantime the trial or hearing of the action shall be postponed.

32. Where an amendment by way of disclaimer, correction, or explanation has been allowed under this Act, no damages shall be given in any action in respect of the use of the invention before the disclaimer, correction, or explanation, unless the patentee establishes

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