(4.) The Court shall, in considering its decision, have regard to the nature and merits of the invention in relation to the public, to the profits made by the patentee as such, and to all the circumstances of the case.

(5.) If the Court report that the patentee has been inadequately remunerated by his patent, it shall be lawful for the Governor in Council to extend the term of the patent for a further term not exceeding seven, or, in exceptional cases, fourteen years; or to order the grant of a new patent for the term therein mentioned, and containing any restrictions, conditions, and provisions that the Court may recommend.

(6.) It shall be lawful for the Governor in Council to make rules of procedure and practice for regulating proceedings on such petitions, other than the proceedings before the Supreme Court, and from time to time to rescind, alter, or vary any such rules.

(7.) The costs of all parties of and incident to such proceedings shall be in the discretion of the Court; and the orders of the Court respecting costs shall be enforceable in like manner as other orders of the Court.

Revocation.

36.-(1.) No proceeding by scire facias to repeal a patent shall Proceedings be taken.

(2.) Revocation of a patent may be obtained on petition to the Court.

(3.) Every ground on which a patent might, at the commencement of this Ordinance, be repealed by scire facias shall be available by way of defence to an action for infringement, and shall also be a ground of revocation.

(4.) A petition for revocation of a patent may be presented by—
(a) The Attorney-General;

(b) Any person alleging that the patent was obtained in fraud
of his rights, or of the rights of any person under or
through whom he claims;

(c) Any person alleging that he, or any person under or through
whom he claims, was the true inventor of any inven-
tion included in the claim of the patentee;

(d) Any person alleging that he, or any person under or
through whom he claims an interest in any trade,
business, or manufacture, had publicly manufactured,
used, or sold, within this Colony, before the date of
the patent, anything claimed by the patentee as his
invention.

(5.) The petitioner must deliver with his petition particulars of the objections on which he means to rely; and no evidence shall, except by leave of the Court, be admitted in proof of any objection of which particulars are not so delivered.

for revocation.

Patent to

(6.) Particulars delivered may be from time to time amended by leave of the Court.

(7.) The respondent shall be entitled to begin, and give evidence in support of the patent; and if the petitioner give evidence impeaching the validity of the patent, the respondent shall be entitled to reply.

(8.) Where a patent has been revoked on the ground of fraud, the Registrar may, on the application of the true inventor made in accordance with the provisions of this Ordinance, grant to him a patent in lieu of and bearing the same date as the date of revocation of the patent so revoked, but the patent so granted shall cease on the expiration of the term for which the revoked patent was granted.

Crown.

37. A patent shall have to all intents the like effect as against bind Crown. His Majesty the King, his heirs and successors, as it has against a subject, excepting always that the Governor may, 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 between the Governor and the patentee, or, in default of such agreement, on such terms as may be settled by the Court after hearing all parties interested.

Hearing with

assessors.

Delivery of particulars.

Legal Proceedings.

38.-(1.) In an action or proceeding for infringement or revocation of a patent, the Court may, if it think fit or on the request of either of the parties to the proceeding, call in the aid of an assessor specially qualified, and try and hear the case wholly or partially with his assistance.

(2.) The remuneration, if any, to be paid to an assessor under this section shall be determined by the Court and be paid in the same manner as the other expenses of the execution of this Ordinance.

39.—(1.) In an action for infringement of a patent, the plaintiff must deliver with his statement of claim, or, by order of the Court 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 at any subsequent time, particulars of any objections on which he relies in support thereof.

(3.) If the defendant dispute 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.

(4.) At the hearing no evidence shall, except by leave of the

Court, be admitted in proof of any 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.

(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 proved or to have been reasonable and proper, without regard to the general costs of the cause.

40. In an action for infringement of a patent, the Court may, Order for on the application of either party, make such order for an injunc- inspection,&c. tion, inspection or account, and impose such terms and give such directions respecting the same and the proceedings thereon as the

Court may see fit.

41. In an action for infringement of a patent, the Court may Certificate of certify that the validity of the patent came in question; and if validity. the Court so certify, then in any subsequent action for 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 solicitor and client, unless the Court trying the action certifies that he ought not to have the same.

proceedings.

42. Where any person claiming to be the patentee of an inven- Groundless tion, by circulars, advertisements or otherwise, threatens any other threats of person with any legal proceedings or liability in respect 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 injunction 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 commence and prosecute an action for infringement of his patent.

Miscellaneous.

43. Every patent may be in the form in the First Schedule to this Ordinance, and shall be granted for one invention only, but may contain more than one claim; but it shall not be competent for any person in an action or other proceeding to take any objection to a patent on the ground that it comprises more than one invention.

Patent to be for one invention only.

May be

granted to representative of deceased inventor.

Protection of

44.-(1.) If a person possessed of an invention for which he is entitled to obtain a patent die without making application for a patent for the invention, application may be made by, and a patent for the invention granted to, the legal representative of the inventor.

(2.) Every such application must be made within six 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.

45. A patent granted to the true and first inventor shall not be first inventor. invalidated by an application in fraud of him, or by provisional protection obtained thereon, or by any use or publication of the invention subsequent to that fraudulent application during the period of provisional protection.

Assignment.

Loss or destruction.

Summoning

of witnesses.

Proceedings
before the
Attorney-
General.

Exhibitions,

&c.

46. A patentee may assign his patent for the whole of the Colony or any place in or any part thereof.

47. If a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the Registrar, the Registrar may at any time cause a triplicate thereof to be sealed and delivered to the person entitled thereto.

48. For the purpose of any application or opposition or other matters requiring the decision of the Registrar or the AttorneyGeneral, they or either of them may, and at the request of any party to be heard shall summon and examine witnesses on oath and administer oaths for that purpose, and every witness so summoned shall be bound to attend at the time and place mentioned in such summons on being paid his expenses according to the scale for the time being allowed to witnesses on trials in local courts, and to continue in attendance until the matter shall have been disposed of, and to produce any document in his power, possession, custody, or control which he shall by such summons be required to produce.

49. The Attorney-General may from time to time make, alter, and rescind rules regulating references and appeals to the AttorneyGeneral, and the practice and procedure before him, and in any proceeding before the Attorney-General, he may order costs to be paid by either party, and any such order may be made a rule of the Court.

50. The exhibition of an invention at an industrial or international exhibition, whether within or without His Majesty's dominions certified as such under the hand of the Registrar, or the publication of any description of the invention during the period of the holding of the exhibition, or the use of the invention

for the purpose of the exhibition in the place where the exhibition is held, or the use of the invention during the period of the holding of the exhibition by any person elsewhere, without the privity or consent of the inventor, shall not prejudice the right of the inventor or his legal personal representative to apply for and obtain provisional protection and a patent in respect of the invention or the validity of any patent granted on the application, provided that both the following conditions are complied with, namely:

(a) The exhibitor must, before exhibiting the invention, give the Registrar the prescribed notice of his intention to do so; and

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

51. Where the invention is one which admits of being repre- Models. sented by a model, the Registrar may require the patentee at his own expense to furnish him with a model of the invention.

52.-(1.) The inventor of any improvement in instruments or Assignment munitions of war may (either for or without valuable consideration) to Colonial Secretary. assign to the Colonial Secretary, 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 Colonial Secretary may be a party to the assignment.

(2.) The assignment shall effectually vest the benefit of the invention and patent in the Colonial Secretary 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 Colonial Secretary for the time being.

(3.) Where any such assignment has been made to the Colonial Secretary, he may at any time before the application for a patent for the invention, or before publication of the specification or specifications, certify to the Registrar 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 constructed and used should be kept secret.

(4.) If the Colonial Secretary so certify, the application and 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 Registrar's Office, be delivered to the Registrar in a packet sealed by authority of the Colonial Secretary.

(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 Registrar, and shall not be opened save under the authority of an order of the Colonial Secretary, or of the Attorney-General.