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Provided that this repeal shall not affect the validity or invalidity of anything done or suffered or any right accrued or liability incurred before the commencement of this Ordinance, or any proceeding pending or uncompleted at the commencement of this Ordinance.
Passed in Council, this 11th day of March, in the year of our Lord 1895.
CHAS. J. ROOKS, Acting Clerk of the Council.
ORDINANCE of the Government of Trinidad, to suspend for a limited period the Operation of Section 66 of "The Immigration Ordinance, 1870."*
(L.S.) C. C. KNOLLYS, Acting Governor.
October 23, 1896.
[October 5, 1896.]
Be it enacted by the Governor of Trinidad and Tobago, with the advice and consent of the Legislative Council thereof, as follows:
1. Notwithstanding the provisions of section 66 of "The Immigration Ordinance, 1870," it shall be lawful for the Protector of Immigrants to make allotments from the immigrants who may be introduced into this Colony during the season 1896-97, to any plantation in the Colony, notwithstanding that 15 per cent. of the indentured adult male immigrants on any such plantation may not, during the twelve months ending the 31st December, 1895, have earned an amount of wages sufficient to give an average, for each of such immigrants, of 6d. for every day during the twelve months.
Passed in Council, this 5th day of October, in the year of our Lord 1896.
HARRY L. KNAGGS, Acting Clerk of the Council.
ACT of the Government of New South Wales, to further amend the Law relating to Patents for Inventions and Improvements in Arts or Manufactures, and to authorize the Appointment of an Examiner of Patents.†
[Assented to, July 8, 1887.]
WHEREAS it is expedient that the sum now payable by way of leposit with the Colonial Treasurer pursuant to the Act 16 Vict.,
* Page 981.
See also Act No. 39 of 1896, page 1015.
No. 24, intituled "An Act to authorize the Governor-General with the advice of the Executive Council to grant Letters of Registration for all Inventions and Improvements in the Arts or Manufactures to have the same effect as Letters Patent in England, so far as regards this Colony," by persons desiring to obtain Letters Patent under the said Act should be reduced, and that henceforth the sums so reduced should be paid into and form part of the Consolidated Revenue Fund, and it is also expedient to make provision for the temporary protection of such inventions and improvements and for the appointment of an Examiner of Patents to aid in carrying out the provisions of the Acts relating to Letters Patent:
Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:
1. Every person claiming to be the author or designer of any invention in or improvement to the arts or manufactures, or his agent or assignee who shall desire to obtain Letters Patent, shall pay to the Colonial Treasurer the sum of 51., and shall after such payment lodge with the Minister of Justice a petition to the Governor setting forth that petitioner is the author, or designer, or the agent, or assignee of such author or designer (as the case may be) of a certain invention in or improvement to the arts or manufactures, and specifying (and where necessary illustrating) the particulars of such invention or improvement, and that in connection therewith he has paid to the Colonial Treasurer the sum of 51.
2. If the Minister of Justice shall, after examination of the said petition and of the report thereon of the Examiner of Patents, report to the Governor that he approves of the prayer of the petitioner, it shall thereupon be lawful for the Governor to grant Letters Patent which shall then be forwarded to the Examiner of Patents, who shall, before issuing them to the grantee or his duly authorized agent, register them as hereinafter provided.
3. Any person so claiming as aforesaid or his agent or assignee may in like manner obtain a certificate entitling him to provisional protection for any such invention or improvement upon payment to the Colonial Treasurer of the sum of 21., and upon depositing with the Minister of Justice a petition addressed to the Governor and a provisional specification in the prescribed form.
4. A certificate of provisional protection shall be in force for twelve months and no longer, and shall be null and void if before the date of the expiration thereof the lawful holder of such certificate shall fail to make application for Letters Patent in terms of section 1 of this Act.
all be lawful for the Governor to grant and issue to the
lawful holder of such certificate, or to his agent or assignee, Letters Patent for the invention or improvement provisionally specified: Provided that the petitioner so entitled shall have deposited a complete specification setting forth how the invention or improvement is be carried out and performed, and provided also that all the other conditions of sections 1 and 2 of this Act shall have been complied with; and upon the issue of such Letters Patent the certificate of provisional protection shall be deemed to be cancelled.
6. The payment of 27. to the Colonial Treasurer on petition for provisional protection, and the payment of 31. on petition for Letters Patent for the same invention, shall, if both payments are made by the original petitioner or the latter payment by his legal representative, be deemed to constitute the payment of 51. provided for in section 1 of this Act.
7. While a certificate of provisional protection remains in force the lawful holder thereof may use and publish his invention or improvement without prejudice to the issue of Letters Patent for the same, and such protection from the consequences of use and publication shall constitute the provisional protection provided for in this Act.
8. Letters Patent shall (unless the Minister of Justice shall in any case otherwise advise) be dated and sealed as of the day of the deposit of the petition for provisional protection, or if there has been no petition for provisional protection, then as of the day of the deposit of the petition for the said Letters Patent: Provided that no action shall be maintainable in respect of any infringement of an invention or improvement committed before the deposit of the complete specification thereof; nor shall any person be entitled to institute any proceedings at law or in equity for infringement until after the actual registration of the Letters Patent granted to him for the invention or improvement alleged to be infringed.
9. A certificate of provisional protection shall be no bar to the granting of a like certificate for the same invention to other petitioners, but it shall be at the discretion of the Minister of Justice to approve or refuse the issue of Letters Patent upon a second or other certificate during the continuance of a certificate of prior date for the same invention.
10. Every lawful holder of a certificate of provisional protection, and every grantee of Letters Patent (whether granted under this or the principal Act), shali be at liberty to assign the same together with all the benefits and advantages derivable therefrom to any person or persons by an instrument in writing under his hand and seal.
11. Every such grantee of Letters Patent shall also be at liberty by an instrument in manner aforesaid to grant to any person or
persons a licence (either exclusive or otherwise, and for any portion or portions of the Colony) to manufacture, adopt, utilize or exercise proprietary or co-proprietary rights over the whole or any portion of the invention or improvement which may be specifically protected by the said Letters Patent.
12. Every assignment made under the authority of section 10, and every licence issued under the authority of section 11, shall be null and void if not registered in the prescribed time and
13. All Letters Patent and assignments thereof, or licences thereunder, and all certificates of provisional protection and assignments thereof shall be registered in the office of the Examiner of Patents by that officer, and it shall be lawful for the Minister of Justice after the passing of this act to authorize and effect the removal from the office of the Supreme Court mentioned in the said Act to the office of the Examiner of Patents of all records and registers of grants and assignments of grants made under the principal Act.
14. All sums paid by such persons as aforesaid shall be carried by the Colonial Treasurer to the credit of the Consolidated Revenue Fund for the public purposes of the Colony.
15. The Governor may appoint some fit and proper person to be an Examiner of Patents, who, under the direction of the Minister of Justice, shall examine and report to that Minister upon all petitions for Letters Patent presented after the passing of this Act. The person so appointed shall be paid such annual salary as Parliament shall provide, and shall perform such duties and give such security for the faithful performance thereof as the Governor may require.
16. The Governor may make and proclaim regulations for carrying into full effect the provisions of this Act and the principal Act, and for regulating the collection and disposal of fees for registering assignments and licences and making searches of the records in the Examiner's office. And all such regulations shall, upon publication in the "Government Gazette," be valid in law: Provided that a copy of every such regulation shall be laid before both Houses of Parliament within fourteen days from the issue thereof if Parliament be then in Session, or otherwise within fourteen days after the commencement of the then next ensuing Session.
17. The following terms in inverted commas shall for the purposes of this Act bear the meanings set against them respectively :
"Governor."-The Governor with the advice of the Executive
"Prescribed."-Prescribed by Regulations made under the
"Letters Patent."-The Letters of Registration mentioned in the Act 16 Vict., No. 24.
"Principal Act."-The Act 16 Vict., No. 24.
18. The 2nd, 3rd, and 4th sections of the Act 16 Vict., No. 24, are hereby repealed but without prejudice to the past operations thereof or to any Letters Patent lawfully granted or assigned thereunder.
19. This Act may be styled and cited as the Patents Law Amendment Act of 1887, and shall come into operation on the 1st day of August, 1887.
20. Nothing in this Act contained shall be construed to the prejudice of the prerogative of the Crown.
In the name and on the behalf of Her Majesty I assent to this Act.
Government House, July 8, 1887.
ACT of the Government of New South Wales, to further amend the Law relating to Patents for Inventions and Improvements in Arts or Manufactures.
[November 16, 1896.]
Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament a sembled, and by the authority of the same, as follows:
1. This Act shall apply to all specifications deposited and Letters Patent granted before or after the commencement of this Act: Provided that in the case of specifications deposited and Letters Patent granted before or after the commencement of this Act any person adversely affected may appeal by motion to the Supreme Court in its Equitable Jurisdiction against any leave to amend granted by the Examiner of Patents or the Minister of Justice, as provided in the 2nd section hereof, and the costs of such appeal shall be in the discretion of such Court, and notice of such appeal shall be lodged within six months from such leave being granted.
2.-(1.) A petitioner for a grant of Letters Patent or a patentee may, from time to time, by request in writing to the Minister of Justice, 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