- ARRANGEMENT OF SECTIONS
- Short title
- Preliminary
- Interpretation
- Application for grant of Patent
- Patent for invention may be granted by Governor-General on petition
- Address in this Island of applicant
- Lodifing of petition, etc., with Minister
- Fee to Attorney-General 42/ 1974 S. 2
- Declaration
- Specification etc., to be in duplicate
- Publication of notice of application
- Notice of allowance and period subsequent procedure
- Form, date, issue and renewal of Letters Patent
- Provisional rights pending sealing of Letters Patent
- Mutual rights in invention, and improvements therein
- Right of patentee elsewhere or his assignee to apply under this Act
- Patent may be granted here though patent for same invention elsewhere
- Validity of Patent; defective or insufficient specification
- Patents to be valid in law only for so much as shall be proved to be new invention
- Disclaimers and alterations or additions to specifications
- Disclaimer or alteration of any part of patent may be recorded
- Penalty for unlawful user, or making false marks, etc.
- Evidence
- Forms. Schedule
- Construction of Act
- Construction
- Legal proceedings in connection with Letters Patents
- Procedure for revoking Letters Patent
- Power to call in the aid of an assessor
- Proceedings in action for infringement of patent
- Power to orderan injunction , inspection or account
- Certificate of validity of the patenti came in question, effect thereof
- Threats by patentee against third parties in respect of use, etc., of invention
- Action in respect thereof
- SCHEDULE
THE PATENT ACT
ARRANGEMENT OF SECTIONS
1. Short title.
Preliminary
2. Interpretation.
Application for grant of Patent
3. Patent for invention may be granted by Governor-General on petition.
4.Address in this Island of applicant. Declaration
7. Specification Publication of notice of application
11. Notice in Gazette and newspaper. Reference of petition to A ttorney-General [The inclusion of this page is authorized by L.N. 480/1973]
PATENT
Notice of allowance and subsequent procedure
Form, date, issue and renewal ofLetters Patent Date of patent. Provisional rights pending sealing of Letters Patent
24. Provisional rights pending sealing.
Privileges and duties of Patentee: revoking Patent Privilege granted by Letters Patent and duties of patentee and provisions as to revoking same. Mutual rights in invention, and improvements therein
28. Patents for improvements in what already patented.
Right of Patentee elsewhere or his assignee to apply under this Act Patent may be granted here though patent for same invention elsewhere. Validity of Patent; defective or insuficient specification Patents to be valid in law only for so much as shall be proved to be of new invention. Patents void by defective description, arising from error may be renewed. [The inclusion of this page is authorized by L.N. 480/1973]
Disclaimers and alterations or additions to specifications Costs on alteration or disclaimer. Improvement upon original invention or discovery. Penalty forunlawful user, or making false marks, etc. Treble damages to be paid to patentee for unlawful use of his invention. Penalty for making false marks. Evidence
39. Office copies of petition, etc. How obtainable. How far evidence.
Forms
40. Forms.
Construction of Act
41. Construction.
Legal proceedings in connection with Letters Patent Procedure for revoking Letters Patent. Power to call in the aid of an assessor. Proceedings in action for infringement of patent. invention. Action in respect thereof. Proviso. me inclusion of this page is authorized by L.N. 480/1973]
cap. 283.
THE PATENT ACT
Acts
42 of 19’14, [1857.] Of 1975-
1. 2. tion.
“petition”, “declaration”, “reference”, “certificate” and “Letters Patent” respectively shall mean instruments in the forms respectively and to the effect in the Schedule, subject to such alterations as may from time schedule. to time be made therein under the powers and provi- sions of this Act.
3. Whenever any person whosoever shall, by himself, or Patentfor if he be an absentee, by his attorney, apply to the Governor- General, by way of petition, alleging that he hath invented granted by
Governor-
petition.
[The inclusion of this page is authorized by L.N. 60/1976] shall be deemed to have been duly given or made.
~odgin~of 5. Every petition for the grant of Letters Patent under
wiq this Act, and the declaration and specification in duplicate
required to accompany such petition, shall be left at the office of the Minister; and the day of the delivery of every such petition, declaration and specification, reference, shall be endorsed or written thereon respectively by the Minister; and an acknowledgment of receipt for the same, either separately or together as the same may be delivered, shall be given to the petitioner or person delivering the same respectively, or his agent.
Fce to 6. Together with the said petition the applicant for such
Attorney-
General. 4211974
on such
s. 2.
reference of such petition as aforesaid.
-
[The inclusion of this page is authorized by L.N. 60/1976]
7
7. to make
etc.
8. Before any person shall receive or obtain any Letters Anddeliver Patent as aforesaid, such person, or his attorney, shall also ~~~fication* deliver, together with such petition and declaration as afore- said, a written description or specification of his invention, and of the manner of using, or process of compounding the same, in such full, clear, and exact terms as to distinguish the same from all other things before known or used in this Island, and to enable any person skilled in the art or science of which it is a branch, or with which it is most nearly con- nected, to make, compound, and use the same; and in case of any machine shall explain the principle and the several modes in which such person hath contemplated the applica- tion of that principle, or character by which it may be dis- tinguished from other inventions; and shall accompany the whole with drawings and written references, where the nature of the case admits of drawings or with specimens of the ingredients, and of the composition of matter, sufficient in quantity for the purpose of experiment, where the invention is of a composition of matter;/which description or specifica- tion shall be signed by such person or his attorney as afore- said so applying for such Letters Patent, and attested by two witnesses.
me inclusion of this page is authorized by L.N. 480/1973]
Headingof 9. Specification, 10. Every , together with all drawings and
etc., to be in
duplicate. Provided that it shall be sufficient that one of such copies bears the stamp required by law.
All drawings and written references as aforesaid shall be deemed to form part of the specification, and to be in- cluded in that term whenever used.
An application shall not be received, or, if received, may be subsequently rejected, unless such application, together with the declaration and specification, be fairly and legibly written or printed, and the drawings (if any) properly and clearly made on good and durable paper or other material.
Publication of notice of application
Notice in 11. No Letters Patent shall be granted under or by virtue
newspaper. of this Act, until notice shall be published in , and of this Island, for at least , that application has been made for such Letters Patent; and such notice shall contain, in general terms, the description of invention or improvement for which such Letters Patent shall be desired.
When such notice as aforesaid shall have been duly given, the applicant shall deliver, at the office of the Minister, the numbers of the Gazette and the newspaper in which such notice has appeared, and no applicant shall be entitled to have his application proceeded with until such numbers of the Gazette and the newspaper have been delivered as afore-said.
[The inclusion of this page is authorized by L.N.480/1973]
9
12. Before any Letters Patent shall be signed and issued, Petition to
be referred
s. 3.
certificate
ailow any petition, he shall endorse on the petition a certifi- ofallowance cate in the Form E given in the Schedule or to the like effect. O,~[$~~~n. and shall return the petition, specification in duplicate and FormE. declaration, to the office of the Minister.
[The inclusion of this page is authorized by L.N.60/1976] Notice of allowance of petition.
LodgmentofLetters
Patentin
811975
s.2(a), (b),
(d.
Notice of ulloivance nnd subsequent procedure ~~~~~~fdeclaration and specification in duplicate referred to therein, shall be lodged at the office of the Registrar of Companies.
The Registrar of Companies, or an officer specially appointed to examine the records with the original deeds, shall carefully examine the duplicate specification with the original.
If any variance shall be discovered between the two documents, the Registrar shall call the attention of the petitioner or his attorney or agtnt to the same, and the petitioner or his attorney or agent may, with the written consent of the Attorney-General, make such alteration in either the original or duplicate specification as may make the one agree with the other, and express the real meaning of the petitioner.
The Registrar or other officer as aforesaid shall duly initial any and every alteration or erasure in either copy of the specification; he shall then endorse on the dupli- cate specification a memorandum that it exactly agrees with the original, and that Letters Patent in the form required by law, and bearing date the day of have been granted to the petitioner in respect of the invention therein described for the term of years from the day of
[The inclusion of this page is authorized by L.N. 60/1976]
011such endorsement being made the duplicate specifica- tion, petition and declaration, shall be filed and preserved in the office of the Registrar of Companies, and a Register 8/1975 of all such papzrs, and of all disclaimers, memoranda of s.2(b). alterations, and assignments relating to the same shall be kept in the office.
The Registrar of Companies shall then endorse on the 8/1975
s.2(c).
duly recorded, and the said Letters Patent 2nd the original
specification shall be then deemed to be duly recorded to all
intents and purposes, and shall be given up to the patentee
or his attorney, or his executors, administrators or assigns,
on their application and on payment of
for recording the same in mmner aforesaid.
Form, date, isme aid reimt'r:l of Letters Ptrtent
And deliver specification. etc.
Petition to be referred to Attomey-General.
Preliminary
Application for grant of Patent
shall recite the allegations and suggestions of the said petition 6 PATENT so to be preferred as aforesaid, and shall therein give a short description of the said invention or discovery or improve- ment; and thereupon shall grant to such person so applying for the same, his executors, and administrators, or assigns, for a term not exceeding fourteen years, the full and exclusive right and liberty of making, constructing, and using, and vending to others to be used, the said new invention or discovery or improvement; and such Letters Patent shall be signed by the Governor-General, and shall be good and available to the grantee therein named by force of this Act : Provided, that it shall be lawful for the Governor-General, if he should deem it expedient, to insert in any such Letters Patent a provision extending the operation thereof for a further term of seven years. Addresin ofapplicant.this Island 4. Every applicant shall in his application give a postal address within the Island, to which any notice or communica- tion may be addressed, and any notice or communication duly sent by post addressed to the applicant at such address petition,etc.,
Minister.
PATENT
PATENT
Gazette,and
Companies.
PATENT