« PreviousContinue »
The patent must be brought into operation within two years from the date of the patent. The term of the grant is for fourteen years,
be extended for a further period of seven years.
The patentee is at liberty to assign all or any part of his rights, and patents may be issued to assignees of any persons who have obtained patents in other countries.
The Act also makes provision as to disclaimers, and provides that a patentee may add a specification or description of any improvement upon the original invention, and have the same annexed to the original specification.
The Act also contains provisions as to pleadings and costs in actions, as to the writ of scire facias, and as to the appointment of commissioners.
All applications for a patent must be accompanied by a power of attorney, bearing the English stamp duty; proved as required by the local statute, 27th Victoria, chap. 17.
The letters patent bear a stamp duty of 61. 10s.
The Leeward Islands consist of Antigua, Montserrat, St. Christopher, Nevis, Dominica, and the Virgin Islands. The law of patents is contained in the Acts No. 12 of 1876 and No. 16 of 1878. The Attorney General, the Auditor General, and the Treasurer of the Presidency of Antigua, with such other persons as may be appointed by the Governor, are the Commissioners of Patents. Patents are granted for the term of fourteen years on applications, including a petition, declaration, and specification. The proceedings in applications for patents are very similar to the proceedings under the British Patent Law Amendment Act of 1852. The patent becomes void with the expiration or determination of any earlier patent elsewhere for the same invention, and no patent granted in the colony after the determination of any earlier patent elsewhere is valid. The Acts provide for the printing of all specifications, registers of patents, and registers of proprietors. Actions for infringements are regulated by the Code of Civil Procedure. The payments amount to 281. in the case of every unopposed patent. A duty of 101. is payable at the termination of three years, and a duty of 201. is payable at the end of seven years.
The stamp duty on a disclaimer is 31., and a fee of 21. is also payable to the Attorney General in respect of each disclaimer.
MAURITIUS. The law of patents for this colony is regulated by an ordinance of the Governor of Mauritius dated May 22, 1875. The Governor, with the consent of the Council of Government, is empowered to grant patents for inventions for a period not exceeding fourteen years, and for such further term not exceeding fourteen years as the Governor in Council may think fit. The patent may be applied for either by the inventor or by his executors, administrators, or assigns.
The application must be in the form of a petition and declaration, and must be accompanied by a specification and drawings. These papers are referred to the Procureur General ; and if he approves of them, he is authorised to issue a certificate to that effect, and the inventor is thereby provisionally protected. A payment of 101. is to be made to the Procureur General upon the issue of his certificate. After the issue of the certificate the application is advertised in the Gazette, and any opposition thereto must be entered within one month from the advertisement. If there is no opposition the patent is sealed upon payment of 21. to the Receiver General, and upon deposit, in the office of the Colonial Secretary, of a printed copy of the petition and specification.
The patentee has power to amend his specification upon petition to the Governor. No patent is to be granted for an invention in respect of which a patent has been granted out of the colony and has expired. The importer into Mauritius of a new invention is not deemed an inventor unless he is the actual inventor. The use of an invention in public by the inventor, or by his servants or agents, or by any other person with his licence, for a period not exceeding one year prior to the date of the petition, is not deemed a public use within the meaning of the ordinance.
An inventor having obtained British letters patent may obtain a patent in Mauritius provided the application be made within twelve months from the date of the letters patent, although previously known or used in Mauritius, provided that such knowledge or use in Mauritius was not prior to the date of the British patent.
The ordinance also regulates the proceedings in cases of infringement of letters patent.
The law of patents for this colony is governed by the Colonial Act No. 4 of 1870, 'To provide for the granting in this colony of patents for inventions, and is based on the provisions of the Patent Law Amendment Act of 1852.
The power of granting letters patent for fourteen years is vested in the Lieutenant Governor. Applicants are required to deposit in the office of the Attorney General a description of the invention or provisional specification; a certificate of such deposit is given to the applicant, whereupon the invention is protected for six months. In lieu of the provisional specification the applicant may, if he thinks fit, deposit a complete specification with the Attorney General. The applicant may give notice to proceed immediately after the deposit of his specification. This notice to proceed is advertised in the Government Gazette. After the expiry of the period allowed for oppositions, the Attorney General grants his warrant, upon which letters patent are sealed. The letters patent are void unless certain duties are paid at the expiration of three and of seven years. The letters patent also expire with the determination of any British or foreign patent of an earlier date. Patentees are at liberty, with leave of the Attorney General, to enter disclaimers or memoranda of alteration. The Lieutenant Governor is empowered to grant prolongations of the original term not exceeding fourteen years. The law provides that a 'Register of Patents' and a "Register of Proprietors' shall be kept.
All actions for infringements are to be brought in the Supreme Court. The fees for sealing the letters patent are
£1 10s. Third year's duty
5 Seventh year's duty
NEWFOUNDLAND. The law of patents for this colony is now based upon an Act passed May 12, 1856.
Inventors desirous of obtaining patents in Newfoundland must present a petition to the Governor for the grant, and must deliver into the office of the Colonial Secretary a specification of the invention, and, in case of a machine, a model also. The patent is granted upon this petition, after a reference to the Attorney General.
The patent is granted for fourteen years, but may be extended for a further term of seven years.
Under Ordinance No. 3 of 1872, British letters patent may be extended to this island. The patent right is only granted to a British inventor, his executors, administrators, or assigns. The duration of the patent is limited to that of the British patent, and the applicant must deposit certified copies of the British patent and specification in the registry of the Supreme Court of the island.
The ordinance for granting exclusive privileges to inventors is No. 12 of 1871, dated November 15, 1871.
Exclusive privileges may be obtained by actual inventors or first importers of inventions not publicly used or known in the colony. An invention shall be deemed new if it shall not, prior to the time of applying for leave to file a specification, have been publicly used by other than the inventor in the United Kingdom or the colony.
Exclusive privileges are obtained by inventors petitioning the Governor in Council for leave to file a specification, whereupon the Governor may make an order authorising the petitioner to file a specification. If the specification be filed within six months after the date of the Governor's order, the Governor may grant the petitioner an exclusive right to use the invention in the colony for the term of fourteen years, and for such further term, not exceeding the term of fourteen years, as the Governor may direct upon petition presented to him at any period not more than one year and not less than six months before the expiration of the original term of the exclusive privilege. Errors, defects, or insufficiency in specifications may be corrected by disclaimers or by filing amended specifications.
Inventors having obtained British or British-colonial patents, may obtain exclusive privileges during the remainder of the term for which such British or British-colonial patents may have been granted.
Actions for infringement of the exclusive privileges may be maintained in the Supreme Court of the colony; and the rules regulating such proceedings appear to be greatly in favour of the holders of exclusive privileges. Appeals from the Supreme Court may be made to her Majesty in Privy Council.
The stamp on a petition for the grant of an exclusive privilege is $50.
TRINIDAD. Theordinance for granting exclusive privileges to inventors is No. 25, dated September 2, 1867.
On application to the Registrar General of the island, and on delivery to him of a declaration, accompanied by a specification, he will issue a certificate, which must be advertised in the Official Gazette. The specification may be delivered open or in a sealed envelope. In the latter case the Registrar General will, at the end of six calendar months from the date of the certificate, or at an earlier day at the request of the patentee, break the seal of the envelope and register the specification.