PATENTS ACT
CHAPTER 78:40
Act 30f1906
Amended by 21 of1921
L.r. 2 of1930 19 of 1939 1 of 1973
20of1977 12of1990
Current Authorised Pages Pages AUlhorised
(inclusive) by L.R.O.
1-72 1!1991
L.R.O.111991
Index of
Subsidiary Legislation
Page
Patents (Fees) Order 28 Patents (Public Officers) Regulations 29 Patents Regulations 33
CHAPTER 78:40
PATENTS ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title. 2. Interpretation. 3. Persons entitled to apply for patent 4. Application and specification. 5. Registrar may refer application to examiner. 6. Power for Registrar to refuse application or require amend
ment. 7. Time for leaving complete specification. S. Comparison of provisional and complete specification. 9. Advertisement on acceptance of complete specification.
10. Opposition grant of patent. 11. Specifications, etc., not to be published unless application
accepted. 12. Sealing of patent. 13. Dated patent. 14. Provisional protection. 15. Effect of acceptance of complete specification. 16. Granting of letters patent by Mirrister. 17. Power to grant patents jointly, though some grantees are not
inventors. IS. Extent of patent. 19. Term of patent. 20. Amendment of specification. 21. Power to disclaim part of invention during action, etc. 22. Restriction on recovery of damages. 23. Advertisement of amendment. 24. Power for Mirrister to order grant of licences. 25. Register of patents. 26. Fees in Schedule. 27. Extension ofterm of patent on petition to the Mirrister. 2S. Revocation of patent. 29. Patent to bind the State. 30. Hearing with assessors. 31. Delivery ofparticulars.
L.R.O.1I199J
SECfION
32. Order for inspection, etc., in action. 33. Certificate of validity questioned and costs thereon. 34. Remedy in case of groundless threats of legal proceedings. 35.. Licensed patent agents. 36. Patent for one invention only. 37. Patent on application of representative of deceased inventor. 38. Patent to first inventor not invalidated by application in fraud
of him. 39. Assignment of patent for particular place. 40. Loss or destruction of patent. 41. Witnesses may be summoned. 42. Proceedings and cost before Attorney General. 43. Exhibition at industrial or international exhibition not to
prejudice patent rights. 44. Power to require models on payment. 45. Assignment to Minister of certain inventions. 46. International arrangements for protection of inventions. 47. Provision for Commonwealth arrangements.
Date when order to take effect. 48. Minister may make Regulations. 49. Saving for prerogative.
FIRST SCHEDULE. SECOND SCHEDULE.
CHAPTER 78:40
PATENTS ACT
AN ACT relating to Patents.
[1st September 1906]
1. This Act may be cited as the
PATENTS ACT.
2. In this Act
"Court" means the High Court;
"examiner" means any skilled person orpersons to whom the Registrar· shall refer questions concerning patents under this Act;
"Legislature" includes any person or persons who exercise legislative authority in any Commonwealth territory and where there are local legislatures as well as a central legislaturemeans a central legislature only;
"prescribed" means prescribed by any of the Schedules to this Act or by Regulations under this Act;
"Registrar means the Registrar of the High Court;
"true and first inventor," "true inventor" and "inventor", to the extent that the contextdoes notexpress, includes the personwho is the actual inventor of any invention or his assigns, or if the actual inventor is dead, his legal representatives, or (if the actual inventor, his legal representatives, or assigns, is or are not resident in the State), any person to whom the invention has been communicated by the actual inventor, his legal repre sentatives, or assigns, but does not include a person importing an invention from any other state or country without the authority of the actual inventor, his legal representatives or assigns.
1961 Ed. Cap. 324. 3 of1906.
Commencement.
Short title.
Interpretation. [12of1990J.
3. (1) Any person, whether a Commonwealth citizen ornot, may Persons entitled to apply for
make an application for a patent. p"'ent.
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v
Application and specification. First Schedule.
rUlem.~·
(2) Two or more persons may make a joint application for a patent, and a patent may be granted to them jointly.
(3) An applicant may be
(a) the actual inventor;
(b) his assigns;
(c) the actual inventor jointly with the assigns of a part interest in the invention; or
(d) the legal representative ofa deceased actual inventor or ofhis assigns; or any person to whom the invention has been communicated;
(e) by the actual inventor, his legal representatives or as signs (ifthe actual inventor, his legal representatives, or assigns is or are not resident in the State).
4. (1) An application for a patent must be made in the form set forth in the First Schedule, or in such other form as may be from time to time prescribed and must be left at the Registrar's office in the prescribed manner.
(2) An application must contain a declaration by the applicant, or, in the case ofajoint application, by one ofthe applicants, to the effect that the applicant orone ormore ofthe applicants is or are in possession of an invention, whereof the applicant or one or more of the applicants claims or claim to be the true and first inventor or inventors, and for which the applicantorapplicants desires ordesire to obtain apatent. The application must be accompanied by either a provisional or complete specification, and must state an address in the City of Roseau for the reception of notices and other communications with respect to the application or invention.
(3) A provisional specification must describe the nature of the invention, and be accompanied by drawings, if required.
(4) A complete specification, whether left on application or subsequently, must particularly describe and ascertain the nature of the invention, and in what manner it is to be performed, and must be accompanied by drawings, if required; but the requirement as to drawings shall not be deemed to be insufficiently complied with by reason only thatinsteadofbeing accompaniedby drawings thecomplete specification refers to the drawings which accompanied the provisional specification.
(5) A specification, whether provisional or complete, must commence with the title and, in the case of a complete specification, must end with a distinct statement of the invention claimed.
5. The Registrar shall, if he thinks fit, refer any application to an Registrar ?,ay . h hall . h th th f th· . h refer appltcauonexammer, w 0 s ascertatn weer e nature 0 e mvention as to examiner.
beenfairly described and the application, speCification anddrawings (if any) have been prepared in the prescribed manner, and the title suffi ciently indicates the subject matter of the invention, and shall report thereon to the Registrar.
6. (I) If the Registrar is of opinion, or if, after reference to an Po,,:,rfor . th· th th f th· .. RegIStrar toexammer, e eXamIner reports at e nature 0 e mvention IS not refuse application
fairly described, or that the application, specification or drawings has or require not or have not been prepared in the prescribed manner, or that the title amendment. does not sufficiently indicate the subject matter of the invention the Registrar 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) Where the Registrar refuses to accept the application or requires an amendment, the applicant may appeal from his decision to the Attorney General.
(3) The Attorney General shall, if required, hear the applicant and the Registrar, and may make an order determining whether, and subject to what conditions (if any), the application shall be accepted.
(4) The Registrarshall, when an application has been accepted, give notice thereof to the applicant.
(5) If after an application 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, ifhe thinks fit, on the request ofthe second applicant orofhis legal representative may, within two months ofthe grant ofa patent on the first applications, eitherdecline to proceed with the second applica tion or allow the surrender of the patent, if any, granted thereon.
7. (1) Ifthe applicantdoes notleave a complete specification with Time forleaving his application, he may leave it at any subsequent time within nine ;:~:tion. months from the date ofapplication, and the Registrar may, on payment of the prescribed fee, extend the time to ten months.
L.R.O.1!l99J
o
Comparison of provisional and complete specification.
Advertisement on acceptance of complete specification. [12 of 19901.
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(2) Unless acomplete specification is leftwithin nine monthsof the extended time, the application shall be deemed to be abandoned.
8. (1) Where a complete specification is left after a provisional specification, the Registrarmay, ifhe thinks fit, referbothspecifications to an examiner 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 the Registrar is of opinion, or if, after reference to an examiner, the examiner reports that the conditions hereinbefore con tained have not been complied with, the Registrar may refuse to accept the complete specification unless and until the same has been amended to his satisfaction; but any such refusal shall be subject to appeal to the Attorney General.
(3) The Attorney General Shall, if required, hear the applicant and the Registrar, and may make an order determining whether and subject to what conditions, if any, the complete specification shall be accepted.
(4) Unless a complete specification is accepted within twelve months from the date of application or such extended time, not exceed ing fifteen months from the date of application, as the Registrar on payment of the prescribed fee may allow, then (save in the case of an appeal having been lodged against the refusal to accept) the application shall, at the expiration of the twelve months, or such extended time, become void.
(5) Reports of examiners shall not in any case be published or be open to public inspections, and shall not be liable to production or inspection in any legal proceeding, other than an appeal to the Attorney General underthis Act, unless the Court orofficerhaving powerto order discovery in the legal proceeding certifies that the production or inspection is desirable in the interest ofjustice, and ought to be allowed.
9. 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 at the Registrar's office at any time between the hours of ten a.m. and four p.m. on all working days.
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10. (1) Any person may, at any time within three months from the Opposition g,ont date ofthe advertisement ofthe acceptance ofa complete specification, of patent. give notice, at the Registrar's office, of opposition to the grant of the patenton the groundofan applicant haviog obtaioed the iovention from him, or from a person ofwhom he is the legal representative, or on the ground that the iovention has been patented io the State on application ofpriordate, or on the ground that the complete specification describes or claiols an iovention other than that described io the provisional specification, and that the other iovention forms the subject of an application made by the opponent io the ioterval between the leaviog of the provisional specification, and the leaving ofthe complete specifica tion, but on no other ground.
(2) Where the notice is given, the Registrar may require the persongiving the notice to give security ioan amount not exceeding one thousand five hundred dollars for the costs of the opposition; and ifthe security so requiredis not given within the three months, the opposition shall lapse.
(3) Where such notice and such security, if required, is given, the Registrar shall give notice of the opposition to the applicant, and shall, on the expiration of the three months, after hearing the applicant and the person so giviognotice, ifdesirous ofbeiog heard, decide on the case, but subject to appeal to the Attorney General.
(4) The Attorney General shall, on the appeal, hear the appli cant and any person so giviog notice and beiog, io the opioion of the Attorney General, entitled to be heard in opposition to the grant, and shall determioe whether the grant ought or ought not to be made.
(5) The Attorney General may, if he thinks fit, obtain the assistance ofan expert, who shall be paid by the party giving notice of opposition such remuneration as the Attorney General shall deterrnioe which may be recovered as costs.
(6) The Attorney General or the Registrar, as the case may be, may after the decision, make such order as may be thought fit for the paymentofcosts by the aJilllicant to the party givingnoticeorvice versa, and such order may be made a rule ofCourt on an application ex parte.
11. Where an application for a patent has been abandoned or Specifications, 'd th iii' 'fi' d d . ('f ) etc., not to bebecome VOl, e spec lcation or SpeCl cations an rawmgs 1 any published unless
accompanyiog or left in connection with the application shall not at any application time be open to public inspection or be published by the Registrar. acrepted.
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IV
Sealing Ofpa1enL
Dated patent
Provisional protection.
Effect of acceptance of complete specification.
rarenIS
12. (1) If there is no opposition or, in the case ofopposition, if the determination is in favour of the grant of a patent, the patent shall be sealed with the public seal of the State.
(2) A patent shall be sealed as soon as may be, and not after the expiration offifteen months from the date of application, except in the cases hereinafter mentioned, that is to say
(a) where the sealing isdelayed by an appeal to the Attorney General, or by opposition to the grant of the patent, the patent may be sealed at such time as the Attorney General may direct;
(b) if the person making the application dies before the expiration of the fifteen months aforesaid, the patent may begranted to his legal representatives and sealed at any time within six months after the death of the applicant;
(c) where the Registrar has extended the time for leaving or the time for accepting the complete specification, or both such times, the total period of time so extended shall be added to the period of fifteen months above provided.
13. Every patent shall be in duplicate, and one duplicate shall be deposited in the Registrar's office, and every patent shall be dated and sealed as oftheday ofthe application; butno proceedings shall be taken in respect of an infringement committed before the publication of the complete specification; and 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.
14. Where an application for a patent, in respect ofan invention, has been accepted, the invention may, during the periodbetween the date of the application and the date ofsealing the patent, be used and published without prejudice to the patent to be granti,d for the same; and the protection from the consequences ofuse and publication is in this Act referred to as provisional protection.
15. 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 ofthe acceptanceof
11I'atents Chap. 78:40
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 granted to him.
16. All letters patent for inventions under this Act shall be granted Granting of by the Minister in the name of the State, under the public seal of the '::~:.tent by State.
17. A patent may be granted to several applicants jointly, although Power ~ ~rant some orone ofthem only are oris the true and first inventors orinventor. =; ~:~Y
grantees are not inventors.
18. Every patent, when sealed, shall have effect throughout the Extent of patenL State.
19. (I) The term limited in every patent for the duration thereof Tenn ofpatenL shall be fourteen years from its date.
(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.
(3) If, nevertheless in any case, by accident, mistake, or in advertence, a patentee fails to make any prescribed payments within the prescribed time, he may apply to the Registrar for an enlargement of time for making that payment.
(4) Thereupon the Registrar shall, if satisfied that the failure has arisen from any of the above-mentioned causes, in receipt of the prescribed fee for enlargement not exceeding five hundred dollars, 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 six months;
(b) ifany proceeding is taken in respect ofan 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 pro ceeding is proposed to be taken may, if it thinks fit, refuse to award or give any damages in respect of the infringement.
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12
Amendment of specification.
Chap. 78:40 Patents
20. (1) An applicant or a patentee may, from time to time, by request in writing left at the Registrar's office, seek leave to amend his specification, including drawings forming part thereof, by way of disclaimer, correction or explanation, stating the nature of the amend ment and his reason for the same.
(2) The request and the nature ofthe proposed amendmentshall be advertised in the Gazette, and at any time within one month from its first advertisement any person may give notice at the Registrar's office of opposition to the amendment.
(3) Where the notice is given, the Registrar shall give notice of the opposition to the person making the request, and shall hear and decide the case, subject to an appeal to the Attorney General.
(4) The Attorney General shall, if required, hear the person making the request and the person so giving notice, and being, in the opinionofthe Attorney General, 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.
(5) 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.
(6) Where leave to amend is refused by the Registrar, the person making the request may appeal from his decision to the Attorney General.
(7) The Attorney General shall, if required, hear the person making the request and the Registrar, and may make an order determin ing whether, and subject to what conditions, if any, the amendment ought to be allowed.
(8) 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 specifica tion as it stood before amendment.
(9) 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.
(10) The foregoing provisions of this section do not apply when and so long as any action for infringement orproceeding for revocation of a patent is pending.
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21. In an action for infringement ofapatent, and in aproceeding for Power 10 disclarm revocation of a patent, the Coun may order that the patentee shall, part of mvenUonduring action, etc. subject to suchterms as to costs and otherwise as the Counmay impose, be at libeny to apply at the Registrar's office for leave to amend his specificationby way ofdisclaimer, andmaydirect that in the meantime the trial or hearing of the action shall be postponed.
22. Where an amendment by way of disclaimer, correction, or Renriction on explanation has been allowed under this Actno damages shall be given =;7..0f in any actionin respectofthe use ofthe inventionbefore the disclaimer, correction or explanation, unless the patentee establishes to the satis faction ofthe Counthat his original claim was framed in good faith and with reasonable skill and knowledge.
23. Every amendment of a specification shall be advenised in the Advertisement of amendment.
Gazette.
Power for24. If on the petition of any person interested it is proved to the Minister to orderMinister that, by reason ofthe default ofapatentee to grant licences on grant of licences.
reasonable terms
(a) the patent is not being worked in the State; or
(b) the reasonable requirements ofthe public with respect to the invention cannot be supplied; or
(c) any person is prevented from working or using to the best advantage an invention of which he is possessed,
the Minister may order the patentee to grant licences on such terms as to the amount of royalties, security for payment, or otherwise, as the Minister, having regard to the nature of the invention and the circum stances of the case, may think just, and any such order may on application to the Coun be enforced by mandamus.
25. (1) There shall bekept at the Registrar's office abookcalled the Register of register ofpatents wherein shall be entered the names and addresses of pnenlS. grantees ofpatents, notification ofassignments and oftransmissions of patents, oflicences underpatents, and ofamendments, extensions, and revocations ofpatents, and such other matters affecting the validity or proprietorship of patents as may from time to time be prescribed.
(2) The register ofpatents shall be prima/acie evidence of any matters by this Act directed or authorised to be insened therein.
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Fees in Schedule. Second Schedule.
Extension of tenn of patent on petition to the Minister.
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(3) Copies ofdeeds, licences, and any other documents affect ing the proprietorship in any letters patent or in any licence thereunder, shall be supplied to the Registrar in the prescribed manner for filing in his office.
26. There shall be paid, in respect of the several matters and things described in the Second Schedule, the fees mentioned in that Schedule; and suchfees shallbe levied and paid to the creditofthe general revenue of the State.
27. (I) Apatentee may, after advertising in the mannerdirectedby any rules madeunderthis sectionhis intentiontodo so, presentapetition to the Minister, praying that his patent may be extended for a further term, but the petition must be presented at least six months before the time limited for the expiration of the patent.
(2) Any person may enter a caveat, addressed to the Cabinet Secretary, against the extension.
(3) If the Minister is pleased to refer any such petition to the High Court, the Court shall proceed to consider the same, and the petitioner and any person who has entered a caveat shall be entitled to be heard by himself or by counsel on the petition.
(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 reports that the patentee has been inadequately remunerated by his patent, the Minister may extend the term of the patent for a further term not exceeding seven or, in exceptional cases, foutteen years; or to order the grant of anew patent for the term therein mentioned, and containing any restrictions, conditions and proVisions that the Court may think fit.
(6) The Minister may make rules ofprocedure and practice for reguiatingproceedingsonthepetitions, andsubjectthereto theproceed ings shall be reguiated according to the existing procedure and practice relating to pleadings in the Court.
(7) The costs of all parties of and incident to the 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.
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28. (1) No proceeding by scire facias to repeal a patent shall be Revocation of patent.
taken.
(2) Revocation of a patent may be obtained on petition to the Court.
(3) Every ground on which a patent might, at the commence ment of this Act, 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 ofa patent may be presented by
(a) the Attorney General;
(b) any person authorised by the Attorney General;
(c) any person alleging that the patentwasobtained in fraud of his rights, or of the rights of any person under or through whom he claims;
(d) any person alleging that he, or any person under or through whom he claims, was the true inventor of any invention included in the claim of the patentee;
(e) 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 the State, before the date of the patent, anything claimed by the patentee as his inven tion.
(5) The plaintiffmust deliverwith his petitionparticulars ofthe 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.
(6) Particulars delivered may be from time to time amended by leave of the Court.
(7) The defendant shall be entitled to begin, and give evidence in support of the patent; and if the plaintiffgives evidence impeaching the validity of the patent, the defendant shall be entitled to reply.
(8) Where a patenthas been revoked on the groundoffraud, the Registrar may, on the application of the true inventor made in accord ance with provisions of this Act, grant to him a patent in lieu of and bearing the same date as the date ofrevocation of the patent so revoked, but the patent so granted shall cease on the expiration of the teon for which the revoked patent was granted.
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10
Patent to bind the State.
Hearing with assessors.
Delivery of particulars.
Lnap. 11\:'1\1 rarenrs
29. A patent shall have to all intents the like effect as against the State as it has against a subject, excepting always that the Minister may at any time after the application use the invention for the selVices of the State on tenns to be before or after the use thereof agreed on, between the Minister and the patentee, or, in default of such agreement, on such tenns as may be settled by the Court after heating all parties interested.
30. (1) Inan action or proceeding for infringement or revocationof a patent, the Court may, ifit thinks 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, ifany, to be paid to an assessor under this section shall be detennined by the Court and be paid in the same manner as the other expenses of the execution of this Act.
31. (1) In an action for infringement of a patent, the plaintiffmust deliver with his statement of claim, or by order of the Court at any subsequent time, particulars of the breaches complained of.
(2) Thedefendantmustdeliverwith his statementofdefence, 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 disputes 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 proofofany 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 case.
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32. In an action for infringement of apatent, the Court may, on the Order for inspection, etc.,application of either party, make such order for an injunction, inspec in action.
tion or account, and impose such terms and give such directions respecting the same and the proceedings thereon as the Court may see fit.
33. In an action for infringement of a patent, the Court may certify Cerufjcate of that the validity of the patent came in question; and if the Court so ;~~~'!,ed and certifies, then, in any subsequent action for infringement, the plaintiff costs Ihereon. in that action, on obtaining afinal order or judgmentin his favour, shall havehis full costs, charges and expenses as betweensolicitorand client, unless the Court trying the action certifies that he ought not to have the same.
34. Where any person claiming to be the patentee of an invention, Remedy in case by circulars, advertisements or otherwise, threatens any other person ~!';'.":::::~:l with any legal proceedings or liability in respect of any alleged proceedings. 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 the threats, and may recoversuch damage (ifany) as mayhavebeen sustained thereby, ifthe alleged manufacture, use, sale or purchase to which the threats related was not in fact an infringement ofany legal rights ofthe person making the threats; but this section shall not apply if the person making the threats with due diligence commences and prosecutes an action for infringement of his patent.
35. The Registrarmay, with the sanction ofthe Minister,licence fit Licensed p,tent and properpersons to bepatentagents for transactingbusiness underthe agents. provisions ofthis Act, and, upon proof to the Registrar's satisfaction of the malfeasance or incapacity of any such licensed patent agent, or on non-payment of any annual fee for any such licence, as prescribed by the Second Schedule, and with such sanction as aforesaid, may revoke Second Schedule. any such licence.
36. Every patent may be in the form in the First Schedule and shall Patent.for one be granted forone inventionon!y, butmay containmore thanoneclaim; ~:n~~:~::~: 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.
L.R.O.l/l99J
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Patent on application of representative of deceased inventor.
Patent to first inventor not invalidated by application in fraud of him.
Assignment of patent for particular place.
Loss or destruction of patent.
Witnesses may be sununoned.
Proceedings and cost before Attorney General.
\.,;nap.111:'111 ratents
37. (I) Ifaperson possessed ofan inventionfor which he is entitled to obtain a patent dies 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 deceasedofsuchperson, andmust contain adeclarationby the legal representative that he believes such person to be the true and first inventor of the invention.
38. A patent granted to the true and first inventor shall not be invalidated by an application in fraud of him, or by provisional protec tion obtained thereon, or by any use or publication of the invention subsequent to that fraudulent application during the period of provi sional protection.
39. Apatentee mayassignhis patentfor the wholeofthe Stateorany part thereof.
40. Ifapatentis lostordestroyed, orits non-productionis accounted for to the satisfaction of the Registrar, the Registrar may at any time cause atriplicate thereoftobe sealed and delivered to the person entitled thereto.
41. Forthepurpose ofany applicationoroppositionorothermatters requiring the decision ofthe Registrar or the Attorney General, they or either of them may, and at the request of any party to be heard shall, cause summonses under the seal of the Coun to be issued for the attendance of witnesses and may examine witnesses on oath and administer oaths for that purpose under this pan of the Act, and every witness so summoned shall be bound to attend at the time and place mentioned in the summons and shall be paid his expenses according to the scale for the time being allowed to witnesses on trials in the Coutt, and shall continue in attendance until the matter has been disposed of, and produce any document in his power, possession, custody or control which by the summons he is required to produce.
42. The Attorney General may from time to time make, alter, and rescind Ru1es regulating references and appeals to the Attorney Gen eral, and the practice and procedure before him under this Part of this Act; and in any proceeding before the Attorney General under this Pan of this Act, he may order costs to be paid by either party, and any such order may be made a ru1e of the Coun.
43. The exhibition of an invention at an industrial or international Exhibition at , h th ·thin 'th th C alth 'fied indu.trial orexhibItIOn,' weer Wi or W1 out e ommonwe cern as international
such under the hand ofthe Registrar, or the publication of any descrip- exhibition not to tion of the invention during the period of the holding of the exhibition, prejudice patent or the use of the invention for the purpose of the exhibition in the place nghts, where the exhibition is held, ortheuse ofthe inventionduring 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 ofany patent granted on the application, provided that both the following conditions are complied with, namely
(a) the exhibitormust, before exhibiting the invention, give the Registrarthatprescribed notice ofhis intention to do so; and
(b) the applicantion for a patent must be made before or within six months from date of the opening of the exhibition,
44. Where the invention is one which admits of being represented Power to require by a model, the Registrar may require the patentee at his own expense mode~n:':' to furnish him with a model of the invention. paym
45. (1) The inventor of any improvement in instruments or muni- Assignment to Minister of
tions of war, his executors, administrators or assigns (who are in this certam mven. section comprised in the expression the inventor) may (either for or tion•. without valuable consideration) assign to the Minister on behalfof the State, all the benefit ofthe invention and ofany patent obtained orto be obtained for the same; and the Minister may be a party to the assign ment.
(2) The assignment shall effectually vest the benefit of the invention and patent in the Minister on behalf of the State, 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 Minister for the time being,
(3) Where any such assignment has been made to the Minister he may at any time before the application for a patent for the invention, orbefore publication ofthespecification orspeCifications, 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 performed should be kept secret.
L.R.O.l!J99J
(4) Ifthe Ministerso certifies, the.application and specification or specifications, with the drawings (ifany), and any amendment ofthe specification or specifications and any copies of the 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 Minister.
(5) The packetshall, until the expirationofthe term orextended term during which a patent for the invention may be in force, be kept sealed by the Registrar, and shall not be opened save underthe authority of an order of the Minister or of the Attorney General.
(6) The sealed packet shall be delivered at any time during the continuance ofthe patent to any person authorised by writing under the hand of the Minister to receive the same, and shall, if returned to the Registrar, be again kept sealed by him.
(7) On the expiration ofthe term orextended term ofthe patent, the sealed packet shall be delivered to any person authorised by writing under ilie hand of the Minister to receive it.
(8) Where the Minister certifies as aforesaid, after an applica tion for a patent has been left at the Registrar's office, but before the publication ofthe specificationor specifications, the application, speci fication or specifications with the drawings (if any), shall be forthwith placed in a packet sealed by authority of the Registrar, and the packet shall be subject to the foregoing provisions respecting a packet sealed by authority of the Minister.
(9) No proceeding by petition orotherwise shall lie for revoca tionofapatentgranted for an invention in relation to which the Minister has certified as aforesaid.
(10) No copy of any specification or other document or draw ings, by this section required to be placedin a sealed packet, shall in any manner whatever be published or open to the inspection of the publiC, but save as in this section otherwise directed, the provisions of this Part of this Act shall apply in respect of any such invention and patent as aforesaid.
(11) The Minister may, at any time by writing under his hand, waive the benefitofthis section with respect to any particularinvention, and the specifications, documents and drawings shall be thenceforth kept and dealt with in the ordinary way.
(12) The communication ofany invention for any improvement in instruments or munitions of war to the Minister or to any person or persons authorisedbyhim, to investigate the same orthemerits thereof, shall not, nor shall anything done for the purpose of the investigation, be deemeduseorpublicationofthe invention so as to prejudice the grant or validity of any patent for the same.
46. (1) Where the provisionsofsection 103ofthePatents, Designs, International and Trade Marks Act, 1883, of the United Kingdom has been applied =~:.";,~ for to the State, then any person who has applied for protection for any invention•. invention in England, or in any foreign state with the Government of [12 of 1990J. which the State has made an arrangement under the said section, for mutual protection of inventions, shall be entitled to a patent for his invention under this Act, in priority to other applicants; and the patent shall take effect from the same date as the date of the application in England or such foreign state (as the case may be).
(2) The application shall be made within twelve months from the person applying for protection in England or the foreign state with which the arrangement is in force.
(3) Nothing in this section contained shall entitle the patentee to recoverdamages for infringements happening prior to the date ofthe actual acceptance of his complete specification in the State.
(4) The publication in the State during the respective periods aforesaid of any description of the invention, or the use therein during the periods of the invention, shall not invalidate the patent granted for the invention.
(5) The application for the grant of a patent under tltis section shall be made in the same manner as an ordinary application under this Act.
(6) An application under this section shall be accompanied by acomplete specification which, ifitis not accepted within the period of twelve months, shall, with the drawings (if any) be open to public inspection at the expiration of that period.
(7) The provisions of this section shall, in the case of foreign states, applyonly in thecaseofthose foreign states withrespect to which the Presidentfrom time to time, by Orderdeclares the provisions ofthe aforesaidsection 103ofthe said Patents, Designs and Trade Marks Act, 1883 to be applicable, and so long only in the case ofeach State as such Order continues in force with respect to that State.
L.R.O.1!l99J
Provision for Commonwealth arrangements.
Date when Order to take effect.
Minister may make Regula tions.
Second Schedule.
Saving for prerogative.
Section 4.
47. (1) Whenever it appears to the President that the legislature of any Commonwealth territory has made satisfactory provision for the protection in that territory of inventions patented in the State. the Presidentmay. by Order. apply all or any ofthe provisions ofsection46 relating to the protection of inventions patented in England. with such variations oradditions (ifany) as tothe Presidentseems fit. to inventions patented in that Commonwealth territory.
(2) An Order under this section shall. from a date to be men tioned for the purpose in the Order. take effect as if its provisions had beencontained in this Act; butthe Presidentmay revoke any such Order.
48. The Minister may make Regulations for carrying into effect the provisions of this Act. and for regulating the amount. collection. and disposal of the fees in the Schedules. All such Regulations shall come into force and effect upon publication in the Gazette; and until the Regulations are made. the fees in the Second Schedule shall be the fees payable in respect of the matters to which they are respectively appli cable.
49. Nothing in this Act shall take away. abridge or prejudicially affect the prerogative of the State in relation to the granting of any Letters Patent or to the withholding of a grant thereof.
FIRST SCHEDULE
FORMS OF APPLICATION. ETC.
FORMA
FORM OF APPLICATION FOR PATENT
I.(a) ............................................................. of .................................................. in ........................... do solemnly and sincerely declare that I am in possession ofan invention for (b)............................................. that I am the true and fIrSt inventor thereof; and that the same is not in use by any other person or persons to the best of my knowledge and belief; and humbly pray that a patent may be granted to me for the said invention.
(a) Here insert name, address, and calling of inventor. (b) Here insert title of invention.
I. uu;;,u,,
And I make me above solemn declaration conscientiously believing me same to be true, etc.
(c)
Declared at................................. , in ..........................., mis ................ day of ..............................., 19........
(d)
Registrar.
{Note- This declaration mustbeaccompaniedby the statementofanaddress inthe city ofRoseaufor the reception ofallnotices andother communicatioflSwith respect to the application or invention.]
FORMB
FORM OF PROVISIONAL SPECIFICATION
(a)
I, (b).....................................•........,of.................................,in :.........................., do hereby declare me nature of my invention for ............................to be as follows (e)
(d)
Dated mis ..................... day of .................... , 19...
(c)Signature ofinventor. (d)Signature and title of the officer before whom the declaration is made. (a)Here insert title as in declaration. (b) Here insert name, address, and calling of inventor as in declaration. (c)Here insen shon description of invention. (d)Signature of inventor.
L.R.O.1!l99J
I~;'IU racencs\..-nap.
FORMC
FORM OF COMPLETESPECIFICATION
(a)
I. (b)....................................... of .............................. of ........................... do hereby declare the nature of my invention for ....................... and in what manner the same is to be performed. to be particularly described and ascer tained in and by the following statement (c)
Having now particularly described and ascertained the nature of my said invention and in what manner the same is to be performed. I declare that what I claim is (d).
1. 2. 3. etc.
(e)
Dated this ............................. day of .........................• 19 .........
FORMD
FORM OF PATENT
[L.S.] By His Excellency the President (here insert the name of the President) of the Commonwealth of Dominica:
TO ALL TO WHOM THESE PRESENTS shall come. Greeting.
WHEREAS ..................................... of.........................•in ..................................... hath by his solemn declaration represented unto me that he is in possession of an invention for ..................................... that he is the true and first inventor thereof. and that the same is not in use by any other person to the best of his knowledge and belief.
(a) Here insert title as in declaration. (b) Here insert name, address, and calling of inventor as in declaration. (c) Here insert full description of invention. (d) Here state distinctly the features of novelty claimed. (e) Signature of inventor.
ANDWHEREAS thesaid inventor hath humbly prayed thatI would bepleased to grant unto him (hereinafter together with his executors, athninistrators, and assigns, or any of them, referred to as the said patentee), Letters Patent in the name of the State for the sole use and advantage of his said invention within Dominica
AND WHEREAS the said inventor hath by and in his complete specification particularly described the nature of his invention.
KNOW YEo mEREFORE, thatI, in the name and on behalfof the State, do by these Presents, give and grant unto the said patentee my special licence, fuU power, sole privilege, and authority, that he the said patentee by himself, his agent, or licencees, and no others, may at all times hereafter, during the term of years herein mentioned, make, use, exercise, and vend the said invention within in such manner as to him or them may seem meet, and that the said patentee shall haveand enjoy the whole profitandadvantagefrom time to time accruing by reason ofthe said invention, during the term of fourteen years from the date hereunder written of these Presents; and to the end that the said patentee may have and enjoy the sole use and exercise and the full benefit of the said invention, I do by these Presents require and strictly commandall and every person and persons, bodies politic andcorporate,andall othersofwhatestate,qual ity,degree, name, orcondition soever they be within Dominica that they do not at any time during the continuance of the said term of fourteen years, either directly or indirectly, make use of or put in practice the said invention or any part of the same, nor inanywise imitate the same,nor makeorcause to be madeany addition thereto orsubtraction therefrom, whereby topretend themselves theinventors thereof, withouttheconsent, licence,oragreement,ofthe said patentee in writing under his hand and seal,on painofincurring such penalties as may bejustly inIlicted on such offenders for their contempt and Of being answerable to the said patentee according to law for his damages thereby occasioned: Provided always and these Letters Patent are on this condition, that, if any time during the said term it be made to appear to the High Court that this grant is contrary to law, or prejudicial or inconvenient to the citizens of the State in general, or that the said invention is not a new invention as to the public use and exercise thereofor that the said patentee is not the first and true inventor thereofwithin Dominica as aforesaid, these Letters Patent shall forthwith determine, and be void to all intents and purposes, notwithstanding anything hereinbefore con tained: Provided also, that if the said patentee shall not pay all fees by law required to be paid in respect of the grant of these Letters Patent, or in respect ofany matter relating thereto at the time or times, and in manner for the time being by law provided; and also if the said patentee shall not supply or cause to be supplied, for the public service, aU such articles of the said invention as may be required by the officers athninistering any deparnnent of the public service in such manner, at such times, and at and upon such reasonable prices and terms as shall be settled for that purpose by the Minister, then, and in any
LR.O.1Il99J
Section 26. [1 of 1973 200fJ977].
\..-Jlap. 10;'+\1 rarenrs
of the said cases. these Letters Patent. and all privileges and advantages whatever hereby granted shall detennine and become void notwithstanding anything hereinbefore contained: Provided also. that nothing herein contained shall prevent the granting of licences in such manner and for such considera tions as they may by law be granted; and lastly. I do by these Presents in the name and on behalfof the State grant unto the said patentee that these Letters Patent shall be construed in the most beneficial sense for the advantage of the said patentee. In wimess whereof Ihave caused these letters to be made patent this ............... day of ..................................... one thousand nine hundred and .........................and to be sealed and dated of the said ....................day of ................ one thousand nine hundred ...........................
SECOND SCHEDULE
Fees to be paid in respects of the several matters here under specified: $ ¢
For every application for a patent accompanied by a provisional specification ................................................................ 150.00
Examiner's fee on reference of application with provisional specification not exceeding ...........................................75.00
For every application for a patent accompanied by a complete specification ................................................................... 225.00
On filing complete specification after provisional specification ................................................................................... 150.00
Examiner's fee on reference of complete specification. not exceeding ....................................................................................75.00
On extending the time for leaving complete specification ..................... 15.00
On extending the time for acceptance of complete specification ..................................................................................... 15.00
On sealing Letters Patent .....................................................................225.00
On every patent before the expiration of four years from its date ........................................................................................... 750.00
And further before the expiration of seven years .............................. 1.125.00
Or in lieu of the fees of $500.00 and $750.00 the following annual fees before the expiration of the fourth year from the date of the patent ..................................... 150.00
__••_ .......... --.-v
fifth year from the date of the patent.............................................. 150.00 sixth year from the date of the patent............................................. 150.00 seventh year from the date of the patent ........................................ 150.00 eighth year from the date of the patent ..........................................225.00 ninth year from the date of the patent ............................................225.00 tenth year from the date of the patent ............................................ 300.00 eleventh year from the date of the patent ....................................... 300.00 twelfth year from the date of the patent .........................................300.00 thirteenth year from the date of the patent .....................................300.00
On filing every amended or substituted specification ...........................45.00
On notice of opposition to grant of patent .............................................90.00
On every summons to witness ............................................................... 15.00
On hearing ofevery opposed application ..............................................45.00
On extension of patent ......................................................................... 150.00
On filing every disclaimer or memorandum ofalteration .....................75.00
For every office copy (including the seal) per folio of seventy-two words ............................................................................ 1.50
On filing every certificate voiding a patent ........................................... 15.00
On deposit ofany assignment, deed, licence or other document affecting proprietorship of patent ....................................90.00
On delivering triplicate patent after loss, etc.........................................90.00
On every search, including inspection .....................................................7.50
Annual fee for licence to patent agent ...................................................30.00
Certified copies or extracts seal, at per folio ........................................... 7.50
For every matter or thing not above provided for .................................. 15.00
L.R.O.1!l99J
",t:,u" [Subsidiary] Pate1lJs(Fees) Order
I.
L. I. Gaz. 2/9/1909.
Commencement.
Short title.
Fees.
SUBSIDIARY LEGISLATION
PATENTS (FEES) ORDER
made under section 48
[18th August 1909)
1. This Order may be cited as the
PATENTS (FEES) ORDER.
2. The following fees shall be paid in addition to the fees set out in the Second Schedule to the Act :
$ ¢ For an enlargement by the Registrar of time for
payment of any renewal fee in respect of a patent, under section 19 of the Act:
Where the enlargement does not exceed one month ....... 50.00
Where the enlargement exceeds one month but does not exceed three months ............................................. 150.00
Where the enlargement exceeds three months but does not exceed six months ................................................. 25.00
'-nup. ID:<+U PaJents (Public OffICers) ReguJaJions [Subsidiary]
SUBSIDIARY LEGISLATION
PATENTS (PUBLIC OFFlCERS) REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Short title. 2. Application for provisional protection. 3. Control of patent. 4. Control by officer. S. Control by Government. 6. Power to revise decision. 7. Grant of full rights in certain cases. 8. Power to appoint Committee. 9. Officer's right of audience.
10. Committee's recommendations. II. Power to make Rules. 12. Allowance for witnesses. 13. Right of appeal.
LR.O.1Il99J
t.:nap. 11i:'III ratems [Subsldlaryl PaJents(Public Officers) ReguiaJio""
15/1933. [12 of 19901.
Commencement.
Short title.
Application for provisional protection.
Controlofpatene
Control by officer.
SUBSIDIARY LEGISLATION
PATENTS (PUBLIC OFFICERS) REGULATIONS
made under section 48
[18th July 1933]
1. These Regulations may be cited as the
PATENTS (pUBLIC OFFICERS) REGULATIONS.
2. Any officer in the employment of the Government who has made an invention
(a) may, at his own expenses; and
(b) shall, at the expense ofthe Government ifso required by the Minister, lodge an application for provisional protection with theRegistrarofPatents, and shall at the same time send a copy ofthe application to the Minister through the head of his department. The Minister shall decide as expeditiously as possible whether the invention shall be regarded as secret, and his decision shall be forthwith communicated to theheadoftheofficer's departmentor the informationofthe officer.
3. (1) As soon as practical the Minister shall decide whether the officer shall or shall not be allowed controlling rights in the patent and his decision shall be communicated to the head of the officer's depart ment for the information of the officer.
(2) Pending the decision of the Minister as to the controlling rights, all rights in the invention shall be deemed to belong to and to be held in trust for the Government.
4. If the Minister decides that the officer shall be allowed control ling rights in the patent, the following provisions shall apply:
(a) the officer shall, subjectto the provisions ofregulation 2, be responsible for all expenditure in taking out the patent;
(b) theMinistermay attach to his decision such conditions as he may think fit and, in particular, may reserve to the Govern ment arightofuserofthe invention free ofroyalty, or aright to a share of any commercial proceeds, or both such rights;
'--lIap. I D;'tU
Patents (Public Officers) Regulations [Subsidiaryl
(e) the officer may, whether any rights are reserved under paragraph (b) or not, apply to the Awards Committee as constituted under regulation 8 (hereinafter referred to as "the Committee") through the head ofhis department for an award in respect of his invention;
(d) the question whether an award shall be made, the amount thereof, and, if a share of commercial proceeds is reserved to the Government, the amount of the share shall be deter mined by the Minister afterinvestigationby the committee;
(e) areservation to the Government ofuserofthe inventionfree of royalty under paragraph (b) may include a like reserva tion to Her Majesty's Government in the United Kingdom, or to any Commonwealth territory.
5. If the Minister decides that the officer shall not be allowed Control by controlling rights in the patent, the following provisions shall apply: Government.
(a) the officer shall assign all his rights in the invention to the Government;
(b) the Government shall be responsible for all expenditure in taking out the patent;
(e) the Minister shall decide whether the officer shall or shall not be allowed a share of any commercial proceeds;
(d) the officer may, whether he is allowed a share in the commercialproceeds ornot, apply to the Committee through the head of his department, for an award in respect of his invention;
(e) the question whether an award shall be made, the amount thereof, and, ifthe Minister decides that the officer shall be allowed a share in the commercial proceeds, the amount of the share, shall be determined by the Minister after investi gation by the committee.
6. In the event of a material change taking place in the circum- Powe~ 10 revise stances which existed at the time when an award or allocation of dOCISlon. commercial proceeds was made, the original decision may be modified by the Minister after further investigation by the Committee; but in any such modification of the original decision, the amount of an award which has been paid shall not be reduced.
7. Where an invention is in all respects alien to the employment of Granl of full . the officer, he shall normally be granted the full rights in such invention. nghlS In ceruuncases.
L.R.O.1il99J
[SubsidiaryI
Power to appoint Comminee.
Officer's right of audience.
Committee's recommenda tions.
Power to make Rules.
Allowance for witnesses.
Right of appeal. [12 of 1990J. Ch.4:1O.
Patents (Public Officers) Regulations
l.:nap. 111:'111 ratencs
8. There shall be constituted for the purposes ofthese Regulations, an Awards Committee which shall consist of a judicial or legal officer appointed by the Minister as chairman and such other persons as the Minister may from time to time by notice in the Gazette appoint.
9. An officer shall be entitled at his own expense to appear personally before the Committee or to be represented in such manner as the Committee may approve.
10. All conclusions of the Committee shall be embodied in rec· ommendations which shall be forwarded to the Minister.
11. The Committee may make Rules
(a) for regulating their proceedings, but no such Rules shall come into force until they shall have been approved by the Minister;
(b) the reservation of right of user free of royalty to Her Majesty's Government in the United Kingdom or the Gov· ernmentofanyotherCommonwealth territory mentioned in regulation 4 (e) shall not be taken into account, but if and when such right is exercised by any such Government, a material change shaH, for the purpose of regulation 6, be deemed to have taken place;
12. In fixing the amount of any award or of the share of any commercialproceeds reserved to theGovernment under regulation 4(d) or allowed to the officer under regulation 5(e) (as the case may be), any reasonableexpenses to whichanofficermay have beenputinconnection with his invention shall be taken into account.
13. Nothing in these Regulations shall restrict any officer's right of appeal to a Judge of the High Court under section 4 of the High Court (Summary Procedure) Act.
""' • ...... IV'___y
PalenlsReguJations [Subsidiary)
SUBSIDIARY LEGISLAnON
PATENTS REGULATIONS
ARRANGEMENT OF REGULATIONS
REGULATION
1. Short title. Interpretation
2. Interpretation. Forms
3. Fonns.
Applications/or Patents
4. Application by representative of deceased inventor. 5. Order of recording applications. 6. Claims. 7. One invention.
Applications for separate patents by way of amendment. 8. Extension of time for leaving and accepting complete speci
fication. 9. Notice and advertisement of acceptance.
10. Inspection of complete specification.
Applications under the International Convention
11. Convention applications. 12. Foreign specification, etc., to accompany Specification. 13. Proceedings.
Size, etc., 0/Documents
14. Size etc., ofdocuments.
Drawings accompanying Specifications
15. General. 16. Requirements as to paper.
L.R.O.1!199J
[Subsidiary1 Patents Regulations
REGULATION
17. Size of drawings and arrangement of figures. 18. Drawings to be suitable for reproduction. 19. Drawings to bear name of applicant, etc., but no descriptive
matter. 20. Copies of drawings. 21. Delivery of drawings. 22. Provisional drawings used for complete specification.
Statutory Declarations and Affidavits
23. Form of statutory declaration and affidavit. 24. Manner in which,declaration or affidavit is to be taken.
Industrial or International Exhibitions
25. Industrial or international exhibitions. 26. Exercise of discretionary powers by Registrar. 27. Notice by applicant. 28. Registrar may require statement, etc. 29. Decision to be notified to parties. 30. Notice of opposition. 31. Evidence in support of allegation that invention has been
obtained from opponent. 32. Attendance of declarant on Registrar. 33. Particulars of prior patent. 34. Opponent's evidence. 35. Applicant's evidence. 36. Applicant's evidence if opponent does not leave statutory
declarations. 37. Opponent's evidence. 38. Closing of evidence. 39. Hearing.
Amendment ofSpecification
40. Request for leave to amend. 41. Leave by order of Court. 42. Notice of opposition. 43. Opponent's evidence.
PaJenlsRegulations [Subsidiary]
REGULATION
44. Further proceedings. 45. Applicant's evidence if opponent does not leave statutory
declarations. 46. Further proceedings. 47. Requirements on amendments. 48. Advertisement of amendment.
Register ofPatents
49. Entry of grant. 50. Entry in respect of convention application. 5!. Alteration of address. 52. Request for entry of subsequent proprietorship. 53. Form and signature of request. 54. Particulars to be stated in request. 55. Production of documents of title and other proof. 56. Copies for Registrar's office. 57. Body corporate. 58. Entry of orders of Minister or of the Court. 59. Entry of date of payment of fees on issue of certificate. 60. Entry of failure to pay fees. 61. Entry of notification of licence, or other document. 62. Hours of inspection of register. 63. Certified copies of documents.
Payment ofFeesfor Continuance ofPatent
64. Payment of fees for continuance of patent. 65. Enlargement of time for payments. 66. Certificate ofpayment.
Compulsory Licences and Revocation ofPatents
67. Petition for grant of compulsory licence or revocation of patent.
68. To be left with evidence at Registrar's office. 69. Opponent's evidence. 70. Closing of evidence.
General
7!. Power of amendment, etc. 72. General power to enlarge time.
L.R.O.1Il99J
JV
[Subsidiary) Patents Regulations
73. Power to dispense with evidence. 74. Hours of business. 75. Leaving documents.
Agency
76. Agency.
SCHEDULE.
-----r- . .
Patents Regulalions [Subsidiary] .~
SUBSIDIARY LEGISLATION
PATENTS REGULATIONS L.I. Gaz. 22/1011908. [12 of 19901.
made under section 48
[22nd October 1908] Commencement.
1. These Regulations may be cited as the
PA1ENTS REGULATIONS.
Short title.
Interpretation
2. In these Regulations
"convention application" means an application in the State under section 46 of the Act;
"foreign application"means an application dulymadebyany personfor protection ofhis invention in any place to which sections 46 or 47 of the Act have become applicable;
"Form" identified by a letter means the form indicated as set out in the Schedule;
"United Kingdom" includes the Isle of Man.
Interpretation.
Forms
3. The forms contained in the Schedule to these Regulations may, as far as they are applicable, be used in any proceedings under the Act or under these Regulations.
Fonns.
Schedule.
Applications/or Patents
4. In thecase ofan application for apatent by the legal representa- Application by tive ofa person who has died possessed of an invention, the probate of :.:::tative of his will, orthe letters ofadministration granted ofhis estate and effects, ;"ventor. or an official copy of the probate or letters, shall be produced at the Registrar'soffice inproofofthe applicant's title as the legal representa tive, and must be supponed by such funher evidence as the Registrar may require.
L.R.O.111991
[Subsidiary)
Order of recording applications.
Claims.
One invention.
Applications for separate patents by way of amendment.
Extension of time for leaving and accepting complete specification. Fonn U. Fonn V.
PateTilS Regulations
5. Applications for patents sent through the postshall, as far asmay be practicable, be opened and numbered in the order in which the letters CO)1taining the same have been respectively delivered in the ordinary course of post.
Applicantions leftatthe Registrar'soffice otherwise than through the post shall be in like mannernumbered in the orderof their receipt at the Registrar's office.
6. The statement ofthe invention claimed, with which a complete specification must end, shall be clear and succinct as well as separate and distinct from the body of the specification.
7. When a specification comprises several distinct matters, they shall not be deemed to constitute an invention by reason only that they are all applicable to ormay form parts ofan existing machine, apparatus or process.
Where a person making application for a patent has included in his specification more than one invention, the Registrar may require or allow him to amend the application and specification and drawings or any of them so as to apply to one invention only, and the applicant may make application for a separate patent for any invention excludedby the amendment.
Every such last-mentioned application may, if the Registrar at any time so directs, bear the date of the original application or such date between the date of the original application and the date of the applica tion in question, as the Registrar may direct, and shall otherwise be proceeded with as asubstantive application in the mannerprescribedby the said Act and by any Regulations thereunder for the time being in force.
When the Registrar has required or allowed any application, specification or drawings to be amended as aforesaid, the application shall, ifthe Registrar at any time so directs, bear the date, subsequent to the original date of the application and not later than the date when the amendment was made, as the Registrar shall consider reasonably necessary to give sufficient time for the subsequent procedure relating to such procedure.
8. An application for extension of time for leaving or accepting a complete specification shall be made on Form U or on Form V, as the case may require, and shall state in detail in what circumstances, and upon what grounds the extension is applied for, and the Registrar may
PalenlsReguiations [SubsidiaryI
require the applicant to substantiate the allegations by such proofas the Registrar may think necessary.
9. On the acceptance of a provisional or complete specification, No'i~ and · hall' . th f th Ii d hall advertlSemen' ofthe RegIstrar s gIve notlce ereo to e app cant, an s acceptance.
advertise the acceptanceofevery complete specificationin theGazette.
10. Upon the acceptance in the case ofa complete specification, the Inspection of application and specification, or specifications, with the drawings (if ::~i~:'ion. any). may be inspected at the Registrar's office upon payment of the prescribed fee.
Applications under the International Convention
11. Every convention application shall contain a declaration that Con~en'ion foreign application has been made for protection of the invention to apphea,wns. which such convention application relates, and shall specify all the places in which the foreign applications have been made, and the official date or dates thereof, respectively. The application must be made within twelve months from the date of the first foreign applica tion, and must be accompanied by a complete specification, and signed by the person or persons by whom the first foreign application wa~ made. If such person or any of such persons are dead, the application must be signed by the legal representative ofthe dead person, as well as by the other applicants, if any.
12. Every convention application, in addition to the specification Foreign . left therewith, must be accompanied by a copy or copies of the spec,if,oocallon,.e c., accom specification, and drawings or documents filed or deposited by the pany specifica· applicant in the patent office of the place in respect of the first foreign tion. application, duly certified by the official chief or head of the patent officeofsuchplace as aforesaid. orotherwiseverified to the satisfaction of the Registrar. If any specification or other document relating to the application is in a foreign language, a translation thereof shall be armexed thereto and verified by statutorydeclarationorotherwise to the satisfaction of the Registrar.
13. Save as aforesaid and as provided by regulation 50. all proceed- Proceedings. ings in connection with a convention application shall be taken within the times and in the marmer prescribed by the Act or these Regulations for ordinary applications.
Size, etc., ofDocuments
14. All documents and copies ofdocuments, except drawings. sent Size, e'c., of to or left at the Registrar's office, or otherwise furnished to the documents.
L.R.O.JIJ99J
[Subsidiary] Patents Regulalions
General.
Requirements as to paper.
Size of drawings and arrangement of figures.
Registrar, shall be written, typewritten, lithographed or printed in the English language (unless otherwise directed) in large and legible characters withdeep pennanentinkuponstrong white paperand, except in the case of statutory declarations and affidavits, on one side only, of a sizeofapproximately thirteeninches by eightinches, leaving amargin of at least one inch and a halfon the left hand thereof, and the signature thereto mustbewrittenin a large and legiblehand. Duplicatedocuments shall at any time be left, if required by the Registrar.
At the topofthe first page ofa specification a space ofabout two inches should be left blank.
Drawings accompanying Specifications
15. Drawings, when furnished, should accompany the provisional or complete specification to which they refer, except in the case provided for by regulation 22. No drawing or sketch such as would require the preparation for the printer of a special illustration for use in the letterpress of the specification when printed should appear in the specification itself.
16. Drawings may be made by hand or lithographed, printed, etc. They must be made on pure, white, hot-pressed, rolled, or calendered strong paper of smooth surface, good quality, and medium thickness without washes or colours, in such a way, as to admit of being clearly reproducedona reduced scaleby photography. Mounteddrawings must not be used.
17. Drawingsmustbe on sheets which measure thirteeninches from top to bottom and are either from eight inches to eight and a quarter inches or from sixteen inches to sixteen and a half inches wide, the narrower sheets being preferable. If there are more figures than can be shown on one of the smaller sized sheets, two or more of these sheets should be used in preference to employing the larger size. When an exceptionally large drawing is required, it should be continued on subsequent sheets. There is no lirnit to the number ofsheets that may be sent in, but no more sheets should be employed than are necessary, and the figures should be numbered consecutively throughout, and without regard to the number of sheets. The figures should not be more numerous than is abSOlutely necessary. They should be separated by a sufficient space to keep them distinct
Palef1ls Regulalions [Subsldlaryl
18. Drawings must be prepared in accordance with the following lliawing. to be .
reqwrements: srutable for reproduction.
(a) they must be executed with absolutely black ink;
(b) each line must be finnly andevenly drawn, sharply defi and of the same strength throughout;
ned,
(c) section lines, lines for effect, and shading lines, should be as few as possible, and must not be closely drawn;
(d) shadelinesmustnotcontrasttoomuchinthicknesswiththe general lines of the drawing;
(e) sections and shading should not be represented by solid black or washes;
if) they should be on a scale sufficiently large to show the invention clearly, and only so much of the apparatus, machine, etc., should appear as effects this purpose. If the scaleis given, it should bedrawn, and notdenotedby words. Reference letters and figures, and index numerals used in conjunction therewith must be bold, distinct, and not less than one-eight ofan inch in height The same letters should be used in different views of the same parts. Where the reference letters are shown outside the figure, they must be connected with the parts referred to by fine lines.
19. Drawings must bear the name of the applicant (and, in the case lliawing. to bear of drawings left with a complete specification after a provisional :;~!~ etc., specification, the number and year of the application) in the left-hand but no descriptive top comer; the number of sheets of drawing sent, and the consecutive matter. number ofeach sheet, in the right-hand top comer; and the signature of the applicant or his agent in the right-hand bottom comer. Neither the title of the invention nor any descriptive matter should appear in the drawings.
20. A facsimile or"true copy"ofthe original drawings must be filed Copi~s of at the same time as the original drawings, prepared strictly in accord- draWings. ance with the above regulations, except that it may be on tracing cloth and the reference letters and figures should be in black lead pencil.
The words "original" or "true copy" must in each case be marked at the right-hand top comer, under the numbering of the sheet.
21. Drawings must be delivered at the Registrar's office so as to be Deli~ery of free from folds, breaks or creases, which would render them unsuitable drawmgs. for reproduction by photography.
L.R.O.1Il99J
[SubsidiaryI
Provisional drawings used for complete specification.
Fonn of statutory declaration and affidaviL
Manner in whiclt declaration or affidavit is to be taken. [12 of 1990].
Industrial or International Exhibitions.
PatelllsRegulations
22. If an applicant desires to adopt the drawings lodged with his provisional specification as the drawings forhis complete specification, he should refer to them in the complete specification as those left with the provisional specification.
Statutory Declarations and Affidavit
23. The statutory declarations and affidavits required by these Regulations, or used in any proceedings thereunder, shall be headed in the matter or matters to which they relate and shall be drawn up in the first person, and shall be divided into paragraphs consecutively num bered, and each paragraph shall so far as possible be confined to one subject. Every statutory declarationoraffidavits shall statethe description and true place of abode of the person making the same, and shall be written or printed bookwise, and shall bear the name and address ofthe person leaving it and shall state on whose behalf it is left.
24. The statutorydeclarations and affidavits required by the Act and these Regulations, orusedin any proceedings thereunder, shall bemade and subscribed as follows:
(a) in the State, before any Commissioner or other officer authorised by law to administer an oath for the purpose of any legal proceeding;
(b) in the United Kingdom, before any Justice of the Peace, or any Commissioner orotherofficer authorised by law in any part of the United Kingdom to administer an oath for the purpose of any legal proceeding;
(c) in any other part of the Commonwealth, before any Court, Judge, Justice ofthe Peace, orany officerauthorised by law, to administer an oath there for the purpose of a legal proceeding; and
(d) if made outside the Commonwealth, before a Dominican diplomatic agent or consular officer or before a Notary Public or before a Judge of a court of justice.
Industrial or International Exhibitions
25. Any person desirous of exhibiting an invention at an industrial or international exhibition, or of publishing any description of the invention, during the period ofthe holding of the exhibition, or ofusing the invention for the purpose of the exhibition in the place where the
PaJenlS Regulations [SubsidiaryI
exhibition is held, may after the Registrarhas given a ceItificate that the exhibition is an industrial or international one, give to the Registrar noticeonFonn oofhis intentionto exhibit, publishoruse the invention, FORn o. as the case may be. For the purpose of identifying the invention in the event of an application for a patent being subsequently made, the inventor shall furnish to the Registrar a briefdescription of his inven tion, accompanied, ifnecessary, by drawings, and such other infonna tion as the Registrar may in each case require.
26. Before exercising any discretionary power given to the Regis- E~erci~e of . . discretIonary
trar by the Act or these Regulations adversely to the applicant for a powe" by patent or for amendment of a specification, the Registrar shall give ten Registrar. days notice, or such longer notice as he may think fit, to the applicant of the time when he may be heard personally or by his agent before the Registrar.
Notice by27. Within five days from the date when the notice would be applicanL
delivered in the ordinary course of post, or such longer time as the Registrar may appoint in the notice, the applicant should notify in writing to the Registrar whether or not he intends to be heard upon the matter.
28. Whether the applicant desires to be heard or not, the Registrar Regi~trar may may at any time require him to submit a statement in writing within a :~"e statement. time to be notified by the Registrar, or to attend before him and make oral explanations with respect to such matters as the Registrar may require.
Decision to be29. The decision or detennination of the Registrar, in the exercise notified to
of any such discretionary power as aforesaid, shall be notified by him parties. to the applicant, and to any other person who appears to him to be affected thereby.
30. A notice ofopposition to the grant of a patent shall be on Fonn Notice of D. and shall state the ground or grounds on which the person giving the ~=s~~n. notice (hereinaftercalled the opponent) intends to oppose the grant, and must be signed by him. The notice shall state his address for service in the City of Roseau, and shall be accompanied by a copy, which copy shall be transmitted by the Registrar to the applicant.
31. Where the ground of an opposition is, that the applicant has Evidence in obtained the inventionfrom the opponent, orfrom a personofwhom the sup"po~ of
a egatIon lhat opponent is the legal representative, unless evidence in support of the invention has allegation is left at the Registrar's office within fourteen days after the been obtained
from opponenL
L.R.O.1IJ99J
[Subsidiary]
Attendance of declarant on Registrar.
Particulars of prior patent
Opponent's evidence.
Applicant's evidence.
Applicant's evidence if opponent does not leave statutory
declarations.
Opponent's evidence.
PaJenls Regulalions
expiration of two months from the date of the advertisement of the acceptance of the applicant's complete specification, the opposition shall be deemed to be abandoned.
32. Where the ground of an opposition is that the applicant has Obtainedthe invention from theopponent, orfrom apersonofwhom the opponent is the legal representative, the Registrarmay request or allow any person who has made astatutory declaration in the matter to which the opposition relates to attend beforehim at the hearing ofthe case and makeoral explanations with respectto suchmatters as theRegistrarmay require.
33. Where the ground orone ofthe grounds ofopposition is that the invention has been patented in the State on an application ofprior date, the number and date of the prior application shall be specified in the notice.
34. Except in the case provided for in regulation 31, statutory declarations need not be left in connection with an opposition, but the opponent may within fourteen days after the expiration of two months from the date of the advertisement of the acceptance of the applicant's complete specification, leave at theRegistrar's office statutory declara tions in support ofhis opposition, and on so leaving shall deliver to the applicant copies thereof.
35. Within fourteen days from the delivery of the copies, the applicant may leave at the Registrar's office statutory declarations in answer, and on so leaving shall deliver to the opponent copies thereof, and with fourteen days from the delivery the opponent may leave at the Registrar's office his statutory declarations in reply, and on so leaving shall deliver to the applicant copies thereof. The last-mentioned dec larations shall be confined to matters strictly in reply.
36. If the opponent does not leave statutory declarations in support ofhis opposition, the applicant may (ifhe desires to do so) within three months from the date of the advertisement of the acceptance of his complete specification,leave at the Registrar's office statutory declara tions in support ofhis application, and on so leaving shall deliver to the opponent copies thereof.
37. Within fourteen days from the delivery of the copies, the opponent may leave at the Registrar's office statutory declarations in answer, and on so leaving shall deliver to the applicant copies thereof,
Patents Regulations [Subsidiary)
and within fourteen days from the delivery, the applicant may leave at the Registrar's office his statutory declarations in reply, and on so leaving shall deliver to the opponentcopies thereof. The last-mentioned declarations shall be confined to matters strictly in reply.
38. No further evidence shall be left on either side except by leave, Closing of evidence.
or on the requisition, of the Registrar.
39. On completion of the evidence (if any), or at such other time as Hearing. he may see fit, the Registrar shall appoint a time for the hearing of the case, and shall give the parties ten days' notice at the least of the appointment. Ifeither party does not desire to be heard, he shall as soon as possible notify the Registrar to that effect. If either party desires to be heard, he must leave Form E at the Registrar's office. The Registrar Fonn E. may refuse to heareither party who has not left Form E priorto the date of hearing. If either party intends to refer at the hearing to any publication other than a specification mentioned in the notice of opposition, he should, unless the same has been referred to ina statutory declarationaireadyfiled, give to the otherparty and to the Registrar five days' notice at the least of his intention, together with details of each publication to which he intends to refer. After hearing the party or parties desirous of being heard, or ifneither party desires to be heard, then without a hearing the Registrar shall decide the case and notify his decision to the parties.
Amendment ofSpecification
40. A request for leave to amend a specification must be signed by Request for leave the applicant and shall contain an address for service in the City of to amend. Roseau. When not made in pursuance of an order of the Court, or a Judge, the request must, where a patent has been sealed, also contain a statement that no action for infringement nor proceedings for revoca tionofthe patentis pending. The request must be accompanied by aduly certifiedcopyofthe original specification and drawings, showing inred ink the proposed amendment, and shall be advertised by publication of the request, and the nature of the proposed amendment in the Gazeue, and in such other manner (if any), as the Registrar may in each case direct.
41. Where a request for leave to amend is made in pursuance ofan Leave by order of orderofthe Courtora Judge, an officecopyofthe ordershall be leftwith Court. the Registrar at the Registrar's office.
L.R.O.1Il99J
[SubsidiaryI
Notice of opposition. FonnG.
Opponent's evidence.
Further proceedings.
Applicant's evidence if opponent does not leave statutory
declarations.
Further proceedings.
Requirem~nts on amendments.
Advertisement of amendment.
PatentsRegulations
42. A notice ofoppositionto the amendment shall be onFonn G, and shall state the ground or grounds on which the person giving the notice (hereinaftercalled the opponent) intends to oppose the amendment, and must be signed by him. The notice shall state his address for service in the City ofRoseau andshall be accompanied by acopy, whichcopy shall be transmitted by the Registrar to the applicant.
43. Within fourteen days after the expirationofone month from the first advertisement of the application for leave to amend, the opponent may leave at the Registrar's office statutory declarations in support of his opposition, and on so doing shall deliver to the applicant copies thereof.
44. Upon the declarations being left and the copies being delivered, the provisions of regulations 35, 38 and 39 shall apply to the case, and the further proceedings therein shall be regulated in accordance with those provisions as if they were here repeated.
45. If the opponent does not leave statutory declarations in support of his opposition, the applicant may (if he desires to do so) within two months from the date of the first advertisement of the application for leave to amend, leave at the Registrar's office statutory declarations in support of his application, and on so leaving shall deliver to the opponent copies thereof.
46. Upon the declarations being left and the copies being delivered, the provisions of regulations 37, 38 and 39 shall apply to the case, and further proceedings therein shall be regulated in accordance with those provisions as if they were here repeated.
47. Where leave to amend is given the applicant shall, if the Registrar so require and within a time to be limited by him, leave at the Registrar's office a new specification and drawings as amended, to be prepared in accordance with regulations 14 to 21.
48. Every amendment of a specification shall be advertised forth with by the Registrar in the Gazette, and in such other manner (if any) as the Registrar may direct.
.., .. W6LIU",
Patents Regulations [SubsidiaryI
Register ofPatents
49. Upon the sealing of a patent the Registrar shall cause to be Entry of granL entered in the Register ofPatents the name, address and calling of the patentee as the grantee thereof, and ihe title of the invention, togeiher with the address for service.
50. The patent granted on any convention application shall be Enuy in respect of convention
entered in the register as dated of the date on which the first foreign application. application was made, and the payment of ihe renewal fees, and the expiration of the patent, shall be reckoned as from the date of ihe first foreign application.
51. If a patentee sends to the Registrar on Form R notice of an Alteration of alteration in his address, the Registrar shall cause the register to be ~~:s~: altered accordingly.
52. Where a person becomes entitled to a patent, or to any share or Request for enuy . th· b' b .. th . of subsequentmterest erem, y aSSIgnment, or y transmIssIOn, or 0 er operation proprieto"hip. oflaw, a request for the entry ofhis name in the registeras the complete or partial proprietor of the patent, or of ihe share or interest therein, as the case may be, shall be addressed to ihe Registrar and left at the Registrar's office.
53. The request shall be on Form L, and shall in the case of Fonn and individuals be made and signed by ihe person requiring to be registered :~~;:'~tre of as proprietor, or by his agent duly authorised to the satisfaction of the Fonn L. Registrar, and in the case ofabody corporate by its agent, auihorisedin like manner.
54. Every such request shall state the name, address and calling of Panic~la" to be thepersonclainIing to beentitledto the patent, orto any shareorinterest stated In request therein, as ihe case may be, and ihe particulars of the assignment, transmission or other operation oflaw, by virtue of which he claims to be entered in the register as proprietor, so as to show the manner in which, and the person or persons to whom, the patent, or ihe share or interest therein as aforesaid, has been assigned or transmitted.
55. Every assignment, andevery oiherdocumentcontaining, giving Production of . effectto, orbeing evidence of, the transmission ofapatent, or affecting :,~:;,,,:~::;tle the proprietorship thereof as claimed by the request, except such
L.R.O.1!l99J
'to [Subsidiary]
Copies for Registrar's office.
Body corporate.
Entry of orden of Minister or of the CourL
Entry of date of payment of fees on issue of certificate.
Entry of failure to pay fees.
Entry of notification of licence, or other docwnent. FonnM.
Hours of inspection of register.
rarenrs Patents Regulations
documents as are matters of record, shall, unless the Registrar in his discretion otherwise directs, be produced to him together with the request, and such other proof of title as he may require for his satisfac tion.
As to a document which is a matter of record, an official or certified copy thereofshall in like manner be produced to the Registrar.
56. There shall also be left with the request an attested copy of the assigntnent or other document or copy above required to be produced.
57. Abody corporate may be registered as proprietor by its corpo rate name.
58. Where an orderhas been made by the Minister for the extension of a patent for a further tenn, or for the grant of a new patent, or where an order has been made for the revocation of a patent under section 28 of the Act, or otherwise affecting the validity of proprietorship of the patent, the person in whose favour the order has been made shall forthwith leave at the Registrar's office an office copy ofthe order. The register shall thereupon be rectified or the purport of the order shall otherwise be duly entered in the register, as the case may be.
59. Upon the issue of a certificate of payment under regulation 66, the Registrar shall cause to be entered in the register a record ofthe date of payment of the fee on the certificate.
60. If a patentee fails to make any prescribed payment within the prescribed time, or any enlargement thereofduly granted, there shall be duly entered in the register a notification of the failure.
61. An attested copy of every licence granted under a patent, or of any other document purporting to affect the proprietorship of a patent, shall be left at the Registrar's office, with a request on Fonn M, that a notification thereof may be entered in the register. The accuracy of the copy shall be certified as the Registrar may direct, and the original document shall at the same time be produced and left at the Registrar's office if required for further verification.
62. The register of patents shall be open to the inspection of the public on every weekday except Saturday between the hours of 10.00 a.m. and 4.00 p.m., and except on the days and the times following:
"" ........,. , U' .......v
PaJenlS Regulations [Subsidiary]
(a) the days observed as public holidays under the Public a..19,0l. Holidays Act; or
(b) days which may from time to time be notified by a placard posted in a conspicuous place at the Registrar's office; or
(c) times when the register is required for any purpose of official use.
63. Certified copies of any entry in the register, or certified copies Cenified copies · di I' affid' of documents.o ,f or extracts from, patents, specifications, sc atmers, aVlts,
statutory declarations, and other public documents in the Registrar's office, or of or from registers or other books kept there, may be furnished by the Registrar on payment of the prescribed fee.
Payments ofFees for Continuance ofPatent
64. Ifa patentee at the expiration ofthe fourth year from the date of Payment of fees . ~ h h 11 be~ th .. fth for contmuancehispatenttokeep thesamem,orce, es a, ,ore eexplfatIono e of patent.
fourth and each succeeding year during the term of the patent, pay the prescribed fee. The patentee may pay the whole or any portion of the aggregate of the prescribed annual fees in advance. The Form J should FOnD J. be used for the purpose of this payment.
65. An application for an enlargement of the time for making a Enlargement of prescribed payment shall state in detail the circumstances in which the :::::ts. patentee by accident, mistake, or inadvertence has failed to make the payment, and the Registrar may require the patentee to substantiate by such proof as he may think necessary the allegations contained in the application for enlargement.
66. On due compliance with the terms ofregulation 64, and as soon Cenificate of as may be after the respective periods as aforesaid, or any enlargement payment thereof respectively duly granted, the Registrar shall issue a certificate that the prescribed payment has been duly made.
Compulsory licences and Revocation ofPatents
67. A petition to the Ministerforanorderundersection240ftheAct Petition for grant shall show clearly the nature ofthe petitioner's interest, and the ground ~~':,':r:ISOI}' or grounds upon which he claims to be entitled to relief, and shall state revocation of indetail the circumstanc.es ofthe case, the terms upon which he asks that patent.
L.R.O.1il99J
JV
[Subsidiary]
To be left with evidence at Registrar's office.
Opponent's evidence.
Closing of evidence.
Power of amendment, etc.
General power to enlarge time.
PatentsRegulaJions
an order may be made, and the purport of the order, and the name and address of the patentee, and any other person who is alleged in the petition to have made default.
68. The petition and an examined copy thereof shall be left at the Registrar's office accompanied byaffidavits orstatutory declarations in proofofthe allegations contained in the petition together with any other documentary evidence in support, and the petitioner shall simultane ously with, or as soon as may be after the leaving ofthe petition deliver to the patentee and any otherperson whois alleged in the petition to have made default, copies of the petition and of the affidavits or statutory declarations and other documentary evidence in support.
69. The person to whom the copies are delivered by the petitioner, may within fourteen days after being invited to do so by the Minister, leave at the Registrar's office their affidavits or statutory declarations in answer, and if they do so shall deliver copies thereofto the petitioner; and the petitioner may within fourteen days from the last-mentioned delivery leave at the Registrar's office his affidavits or statutory decla rations in reply, and if he does so shall deliver copies thereof to the patenteeor any otherperson alleged in the petition to have made default, the last-mentioned affidavits orstatutory declarations being confined to matters strictly in reply. The times prescribed by this regulation may be altered or enlarged by the Minister if he thinks fit, upon such notice to parties interested, and upon such terms, if any, as he may direct.
70. No further evidence than as aforesaid may be left by either side at the Registrar's office, except by leave or on requisition of the Minister, and upon such terms, if any, as the Minister may think fit.
General
71. Any document, for the amending ofwhich no special provision is made by the Act, may be amended, and any irregularity in procedure, which in opinion of the Registrar may be obviated without detriment to the interests ofany person, may be corrected, ifand on such terms as the Registrar may think fit.
72. The times prescribed by these Regulations for doing any act, or taking any proceeding thereunder, other than the times for lodging evidence referred to in regulation 31, or in the procedure in these Regulations relating to compulsory licences andrevocation ofpatents, may be enlarged by the Registrar if he thinks fit, and upon such notice to other parties, and proceedings thereon, and upon such terms, as he may direct.
------
[Subsldlaryl
73. Where, under these Regulations, any person is required to do P?wer to . any act or thing, or to sign any document, or to make any declaration on :~:~':::.W1th behalfofhimselforofany body corporate, oranydocument orevidence is required to be produced to or left with the Registrar, or at the Registrar's office, anditis shownto thesatisfaction oftheRegistrarthat from any reasonable cause the person is unable to do the act or thing, or to sign the document, or make the declaration, or that the document or evidence cannot be produced or left as aforesaid, the Registrar may, upon the production ofsuch otherevidence and subject to such terms as he may think fit, dispense with any such act or thing, document, declaration or evidence.
74. TheRegistrar's office shall be opento the publiceveryweekday Ho~rs of busmess.except Saturday between the hours of 10.00 a.m. and 4.00 p.m., and
except on the days following: (a) the days observed as public holidays under the Public
Holidays Act; and (b) days which may from time to time be notified by a placard
posted in a conspicuous place at the Registrar's office.
75. Any application, notice or other document, authorised or re- Leaving quired to be left, made or given at the Registrar's office, or to the documents. Registrar, or to any otherperson under these Regulations, may be sent by a prepaid letter through the post, and if so sent shall be deemed to have been left, made or given at the time when the letter containing the same, would be delivered in the ordinary course ofpost. In proving the service or sending, it shall be sufficient to prove that the letter was properly addressed and put into the post.
Agency
76. With the exception of the signing of the following documents, Agency. namely, applications for patents, requests for leave to amend applica tions, specifications, or letters patent, authorisations of agents, notices of oppositions, requests for issue of duplicate letters patent, notices of abandonment of or of intention not to proceed with applications, surrenders of letters patent, and petitions for compulsory licence and revocationofpatent, all communications to the Registrarunder the Act, and these Regulations may be signed by and all attendances upon the Registrar may be made by or through an agent duly licensed under section 35 of the Act. In any particular case, the Registrar may, if he thinks fit, require the personal signature or presence of an applicant, opponent or other person.
L.R.O.1I199J
[SubsidiaryI PazenJsReguialions
SCHEDULE
Patents Act
FORMA
(To be accompanied by two copies ofFormB and ofForm C)
APPLICAnON FOR PATENT
1,(a)................................................of....................................in................. do solemnly and sincerely declare that I am in possession of an invention for (b) .........................................; that! am the true and frrstinventorthereof; and that the same is not in use by any other person or persons to the best of my knowledge and belief; and humbly pray that a patent may be granted to me for the said invention.
And I make the above solemn declaration conscientiously believing the same to be true, etc.
(c)
Declared al. ...................in................this..................day of..................... 19 .... .
(d)
Registrar
(Note - This declaration mustbe accompaniedby the slatemenJ ofan address in the City ofRoseau,for thereception ofallnotices and othercommunications with respect to the application or invention.)
To the Registrar, Registrar's Office, Dominica.
(a) Here insert (in full) name, address and calling of inventor. (b) Here insert title of invention. (e) Signature of inventor. In the case of a finn, each member of the firm must sign. (d) Signature and title of the officer before whom the declaration is made.
PatenlS Regulations [Subsidiary]
MEMORANDUM
(To be endorsed on back ofForm A)
(I) WHERE AN APPLICATION IS MADE THROUGH AN AGENT. (Regulation 76).
............................herebyappoint .......................................of....................... to aetas .............................. agent in respectofthe wriuen application forapatent, and request that all notices, requisitions and communications relating thereto may be sent to such agent at the above address.
......................... dayof ................... 19 ....
*
(2) WHERE APPLICATION IS MADE WITHOUT AN AGENT.
...................................... request thatall notices, requisitions and communica tions in respect of the within application may be sent to ........................ at
................. dayof ........................ 19 .......
t ..............................................................
*To be signed by applicant or applicants. tTo be signed by applicant or applicants.
L.R.O.111991
[Subsidiary) Patents Regulalions
(Regulation 76).
(Regulation 76).
Patents Act
FORMAl
(To be accompanied by two copies ofForm B or ofForm C)
APPLICATION FORPATENT FOR INVENTIONS COMMUNICATED FROM ABROAD
I, (a)...................... of ....................... in ............................ do solemnly and sincerely declare that! am in possession ofan invention for (b) ...................... .. which invention has been communicated to me by (c), ..................; that Iclaim to be the true and first inventor thereof; and that the same is not in use within Dominica by any other person or persons to the best of my knowledge and belief; and I humbly pray that a patent may be granted to me for the said invention.
Declared at .........................
this.......day of ..........19 .....,
before me........................... ..
MEMORANDUM
(To be endorsed on back ofFormAl)
(1) WHERE APPLICATION IS MADE TIlROUGH AN AGENT.
........................... hereby appoint ........................... of ................................. to act as .............................. agentin respectofthe within application for apatent, and request that a\1 notices, requisitions and communications relating thereto may be sent to such agent at the above address.
................... day of ......................... 19.........
• (a) Here insert (in full) name, address and calling of applicanL (b) Here insert title of invention. (c) Here insert name, address and calling of communicator. *To be signed by applicant or applicants.
.................. u .......v
PalelllsReguiations [SubsIdiary1
(2) WHERE APPLICATION IS MADE WITHOUT AN AGENT.
........................ hereby request that all notices. requisitions and communica tions in respect of the within application may be sent to ........................ at
..................... day of .......................... 19.......... t .......................................................................
PatentsAct
FORMA2
(To be accompanied by two copies ofFarm C)
APPLICATION FOR PATENT UNDER INTERNATIONAL AND COMMONWEALTIIARRANGEMENTS
(a)........•................... do hereby solemnly and sincerely declare that I (or we) have made applications for protection of my (or our) invention of (b) ................................. in the following Foreign States and on the following official dates. viz. (c)........................................................... and in the follow ing Commonwealth territories on the following official dates. viz. (d).................................................... that the said invention was not in use within Dominica by any other person or persons before the (e)........•....................10 the best of..............................knowledge. information and belief. and .................. humbly pray that a patent may be granted to .................................. for the said invention in priority to otherapplicants. and that such patent shall have the date (f)..............................................................
(g).
[Note: Ifthe applicalion be made through an agent a proper authorisation should be supplied,' ifnot, anaddressfor service to which cOtnmWlicalionsmay be sentshouldbe furnished.]
To the Registrar. Registrar's Office. Dominica.
tTo be signed by the applicant or applicants. (a) Here insert (in full) name, address and calling of applicant, or of each of the applicants. (b) Here insert title of invention. (c) Here insert the name ofeach Foreign State, followed by the official date of the application in
(d) each respectively. Here insert the name of each Commonwealth territory followed by the official date of the application in each respectively.
(e) Here insert the official date of the earliest foreign application. (f) Here insert the official date of the earliest foreign application. (g) Signature of applicant or of each of applicants.
L.R.O.1I199J
JU J un:;,,,,)
[Subsidiary] Patents RegulaJions
Patents Act
FORMB
(To be issued with Form A or Form AI)
PROVISIONAL SPECIFICATION
(To befurnished in duplicate)
(a).......................................................................................................................
(b)...........•...•.......................................................................................................
do hereby declare the nature of my invention to be as follows
(c) ........................•....•.•...........................•......................................................•....
(a) Here insert title verbally agreeing with that in the application fonn. (b) Here insert (in full) name, address and calling of applicant or applicants as in
application form. (c) Here begin description of the nature of the invention. The continuation of the
specification should be upon wide-ruled paper of the same size, on one side only. with amargin oftwo inches onthe lefthand of the paper. The specification and the duplicate thereof must be dated thus-
Dated this .........day of... .......... ,19..... , and signed at the end.
-----I'. ....... --.,. .... Patenls Regulazions [Subsidiary)
Patents Act
FORMe
COMPLETE SPECIFICATION
(To be furnished in duplicate)
(a).................................................. (b) ..........................................•........do hereby declare thenatureofmy invention for•................................ and in what manner. the same is to be performed. to be particularly described and ascer tained in and by the following statement:
(c)..................•............•...........•.•..........•...........•............................•...................
(a) Here insert title verbally agreeing with that in the application form. (b) Here insen (in full) name. address and calling of applicant or applicants as in
application form. (e) Here begin full description of invention. The continuation of the specification
should be upon wide-ruled paper of the same size, on one side only, with amargin oftwo incheson the lefthandofthepaper. The completion ofthedescriptionshould be followed by the words: "Having now particularly described and ascertained the nature of my said invention, and in what manner the same is to be perfonned, I declare that what I claim is: After which should be written the claim or claims nwnberedconsecutively. The specification and the duplicate thereofmustbedated thus:
Dated this................day of ...................19 ....• and signed at the end." L.R.O.1!199J
[Subsidiary) Patents Regulations
PatemsAct
FORMD
FORM OF OPPOSITION TO GRANT OF PATENT
(To be accompanied by a copy)
I, • ............................................ hereby give notice of my intention to oppose the grant of Letters Patent upon application No....................of...................... applied forby ...................................................................................... upon the groundt .......................................................................... .
(Signed):
To the Registrar, Registrar's Office, Dominica.
Patents Act
FORME
(Form o/Notice that hearing be/ore the Registrar will be aI/ended)
OPPOSITION TO THE GRANT OF PATENTS OR TO AMENDMENTS
Sir,
..................................................... of (a)..................................... hereby give notice that the hearing in reference to ................................................. will be attended by myself or by some person on my behalf.
Sir, Your obedient Servant,
(Signed)
To the Registrar, Registrar's Office, Dominica.
"Here state (in full) name and address. tHere stateuponwhich of the grounds ofoppositionpennitted by section 10of the Act
the grant is opposed. ITo be signed by opponent. (a) Here insert address.
Patents Regulalions [Subsidiary)
Patents Act
FORMF
FORM OF APPLICATION FOR AMENDMENT OF SPEClFICATION
*...................................................................seek leave toamend thespecifica tion ofLetters Patent No............ of 1......................, as shown in red ink in the certified copy of the original specification hereunto annexed.
tI declare that no action for infringement or proceeding for revocation of the Letters Patent in question is pending.
My reasons for making this amendment are as follows:
(Signed)§
My address for service in Dominica is
To the Registrar Registrar's Office, Dominica.
"'Here state (in full) name and address of applicant or patentee. tThese words are to be struck out when Letters Patent have not been sealed, or when, ifLetters Patent havebeen sealed, the application is made in pursuance ofan orderof the Court or a Judge.
~Here statereasons forseeking amendment; and where the applicant isnotthepatentee, state what interest he possesses in the Letters Patent.
§To be signed by applicant
L.R.O.lJl99J
[Subsidiary) Palenls Regulations
Patents Act
FORMG
FORM OF OPPOSITION TO AMENDMENT OF SPECIFICATION
(To be accompanied by a copy)
* hereby give notice ofobjection to the proposedamendmentofthe specification of Letters Patent No. of 1 for the following reasont
(Signed)
My address for service in Dominica is
To the Registrar, Registrar's Office, Dominica.
Patent Act
FORMH
FORM OF APPLICATION FOR GRANT OF COMPULSORY LICENCE OR REVOCATION OF PATENT
(To be accompanied by a copy)
* hereby request you to bring to the notice of the Minister the accompanying petition for the grant of a licence to me byt
(Signed)
(Note. - The petition must clearly setforth thefacts ofthe case and be accompanied by an examined copy thereof. (See Form HI.))
To the Registrar, Registrar's Office, Dominica.
"Here state (in full) name and address of opponent. tHere state reason ofopposition. "Here state (in full) name and address of applicant. tHere state name and address of patentee. and number and date of his patenL
--~-----~-...-~
PaJents Regulations [Subsidiary]
Paten/sAct
FORM HI
FORM OF PETITION FOR GRANT OF COMPULSORY LICENCE OR REVOCATION OF PATENT
To the Minister.
The petition of (a) .............................................. of .................................... in the ........................................ of ........................................... being a person interested in the matter of this petition as hereinafter described -
Showeth as follows
1.Apatentdated ............................................. No.................... was duly granted to ............................................ for an invention of (b)......................................
2. The nature of my interest in the matter of this petition is as follows (c)...................................................................................................................... .
3.(d) ...................................................................................................................
Theevidencewhich Ipropose to leave at the Registrar's Office accompanying this petition is as follows (e) ............................................ .
Having regard to the circumstances above stated, the petitioner alleges that by reason of the aforesaid default, the reasonable requirements ofthe public with respect to the invention patented as above stated have not been satisfied.
(a) Here insert (in full) name, address and calling. (b) Here insert title of invention. (c) Here state fully the nature of the petitioner's interest. (d) Here state in detail the circwnstances of the case under section 24 of the said Act,
and show that it arises by reason of the default of the patentee, or as the case may be, of any other person claiming an interest in the patent as exclusive licensee or otherwise to work his patent or to manufacture the patented article in Dominica to an adequate extent, or to grant licences on reasonable tenns, the statement of the case shouldgive thenarneandaddress ofanypersons who arealleged in thepetition to have made default. The paragraphs should be nwnbered consecutively.
(e) Here state what affidavits or statutory declarations together with any other docu~ mentary evidence will be left at the Registrar's office with the petition as required by regulation 68.
L.R.O.1Il99J
[Subsidiary) PatenlSRegulations
Your petitioner therefore prays that an order may be made granting to him a compulsory licence on the terms following, viz. (f).........................................................or that the said patent may be revoked.
(Signed)
{Note -Inpursuance a/the requiremenls ofregulation 68 the petitionermust deliver to thepatenlee andtoany otherpersonallegedto havemadedefault. copies ofthepe/ition and of the ajf'uJavits or Slalulory declarations and other documenlary evidence in support.,
Patents Act
FORM I
FORM OF OPPOSmON TO PETITION FOR GRANT OF COMPUL SORY LICENCE OR REVOCATION OF PATENT
(a)..............•...•...•.••....................••.......... hereby give noticeofopposition to the petition of .................................................. for the grant of a compulsory licence under Patent No............. of 1............, or the revocation of the said patent. The grounds upon which I oppose the said application are as follows, viz. (b).................................
(Signed)
(Note - In pursuance ofthe requiremenls of regulation 69 copies ofthe 4fuJavits or statutory declaralions in reply to the evidence left with the petilionmust be delivered to thepetiJioner.)
To the Registrar, Registrar's Office, Dominica.
(When stamped this form must be sent to the Registrar's Office.)
(jJ Herestate thetenns as to the amOlmtofroyalties. security forpayment, orotherwise, upon which the petitioner claims to be entitled to the relief in question.
(a) Here state (in full) name and address. (b) Here state fully the grounds of opposition.
PalenlsRegulaJions [Subsidiary)
Patents Act
FORM I
APPLICATION FOR CERTIFICAm OF PAYMENT OR RENEWAL
........................... hereby transmit the fee prescribed for the continuation in force of* ......................... Patent No............... of 1..................... for a further period of .............................
Namet
Address................................
To the Registrar. Registrar's Office. Dominica.
(This part ofthe form to be filled in at the Registrar's office.)
CERTIFICAm OF PAYMENT OR RENEWAL
Letters Patent No.................. of 1.......
This is to certify that ............................. did this .............. day of ................... 19.......... make the prescribed payment of$................... in respect ofa period of ................................... from ........................ and that by virtue of such payment the rights of the patentee remain in force. **
The Registrar's Office. Dominica.
*Here insert name of patentee. tHere insert name and address. "See section 19 of the Act.
LR.O.1il99J
------
[Subsidiary] Patents Regulations
Patents Act
FORMK
FORM OF APPLICATION FOR ENLARGEMENT OF TIME FOR PAYMENT OF RENEWAL FEE
Sirt
I hereby apply for an enlargement of time for ............month in which to make the ...................paymentof ......................... upon my Patent No...................... of 1 ........
The circumstances in which the payment was omitted are as follows (a).....••.•...................•...................................................................................................
lam. Sir. Your obedient Servant.
(b)
To the Registrar. Registrar's Office. Dominica.
Patents Act
FORML
FORM OF REQUEST TO ENTER NAME UPON THE REGISTER OF PATENTS
I(a) ..................................................................................... . .......................................................................................................herebyrequest that you will enter (b) name (c) in the Register of Patents
(d)....•.....•..•.•................ claim to be entitled (e) .•..•..............•.•.•..•.0fthePatent No............. of 1....................• granted to (j) ............................................. the title of which is (g) ..............••..........•••....................... by virtue of (h)....•...•.............•...•......•..............•.....•...............•...............•.•................•.•..........•
(a) The circwnstances must be stated in detail; see regulation 15. (b) Here insert full address to which receipt is to be sent. (a) Or We. Here insert (in full) name. address and description. (b) My or our. (e) Ornames. (d) I or We. (e) Here insert the nature of the claim, e.g., as assignee. if) Here give name and address of person to whom patent was granted. (g) Here insert title of the invention. (h) Here specify the particulars ofsuchdocurnent. giving its date. and the parties to the
same, and showing how the claim here made is substantiated.
rOlerus tcegUlal101ZS
And in proof whereof I transmit the accompanying Ii)...................... . with an attested copy thereof.
lam, Sir, Your obedient Servant,
To the Registrar, Registrar's Office, Dominica.
Paten/sACI
FORMM
FORM OF REQUEST TO ENTER NOTIFICAnON OF LICENCE OR OTHER DOCUMENT IN THE REGISTER OF PATENTS
Sir,
I hereby transmit an attested copy of Ia).........................•............ under Patent No...................of 1.......,as well as the original document for verification,and I have to request that a notification thereof may be entered in the register.
lam, Sir, Your Obedient Servant,
ISigned)
Ib)
To the Registrar, Registrar's Office, Dominica.
[Subsidiary]
Ii) Here insert the nature of the documenL (aJ Here insert adescription of the nature of the document Ib) Here insert full address.
L.R.O.1Jl99J
[Subsidiary) PatentsRegulalioILJ
Patents Act
FORMN
APPLICATION FOR DUPLICATE OF PATENT
Date .................................. ..
Sir,
Iregret to have to infonn you that the patentdated*.......................................... .. No............................ and granted to ........................................for an invention the title ofwhich ist....................................................................................has been: ......................................................................................... .
I beg therefore to apply for the issue of a duplicate of such pat ents§..................................................................................................................
(SigfllJture o!Patentee)
To the Registrar, Registrar's Office, Dominica.
·Here insert date, nwnber. full name, and address of grantee. tHere insert title of invention. ~ Here insert the word "destroyed" or "lost" as the case may be, and state, in full, the
circumstances of the case, which must be verified by statutory declaration. §Here state interest possessed by applicant in the patent.
PaJenlSRegulations [Subsidiary)
Patents Act
FORM 0
NOTICE OF INTENDED EXHIBITION OF AN UNPAlENTED INVENTION
*.............................................. hereby give notice of my intention to exhibit a .................................................. of .............................................. at the .............................................exhibition. whicht........................................ of...................................... 19.... under the provisions of the Patents Act
: ................................. herewith enclose a brief description of my invention.
(Signed)
To the Registrar. The Registrar's Office. Dominica.
Patents Act
FORMP
FORM OF REQUEST FOR CORRECTION OF CLERICAL ERROR
Sir,
Ihereby request that thefollowing clerical error(a) ..•.... ................................in the (b) .....••.............•.................... No................ of 1........• may be corrected in the manner shown in red ink in the certified copy of the original (b)•..•............•.•...............•............••herewith annexed.
Signature ........................... .
Full address ........................
To the Registrar. Registrar's Office. Dominica.
"'Here state (in full) name and address of applicant. tState "opened" or"is to open". 'IThis description of invention should be accompanied by drawings if necessary. a) Or errors.
(b) Here state whether in application, specification or register.
LR.o.1!1991
[Subsidiary) Patents Regulations
Patents Act
FORMQ
CERTIFICATE OF REGISTRAR
The Registrar's Office. Dominica.
...................19.....
I....................................................................... Registrar of Patents. hereby certify ..................................................................................................................
Tot
Patents Act
Patents Office
FORMR
FORM OF NOTICE FOR ALTERATION OF AN ADDRESS IN REGISTER
Sir.
(a).................................................................................................hereby request that ..................................................... address now upon the register may be altered as follows:
(b)
Sir, Your obedient Servant.
To the Registrar. Registrar's Office. Dominica.
tHere insert (in full) name and address of person requirin~ the certificate. (a) Here state (in full) name or names and address of apphcant or applicants. (b) Here insert full address.
Parents Regulations [Subsidiary]
Patents Act
FORMS
FORM OF APPLICATION FOR ENTRY OF ORDER OF MINISTER IN REGISTER
(a)...........................................................••...•.hereby transmitan officecopy of an Orderwith reference to(b)...•...•........•...........•..•................•........•.•......•.•.•..•.
Sir, Your obedient Servant,
To the Registrar, Registrar's Office, Dominica.
Patents Act
FORMT
FORM OF APPEAL TO ATTORNEY GENERAL
I(a).................................................................................................................... hereby give notice of my intention to appeal to the Attorney General from (b)..........................•.•......•.......•.•....... ofthe Registrarof the ...................... day of ............................ 19.... whereby he (c)........................................................
No.................... (d) ...........•.........• of the year 1..............., (d)..........................
(Signature)..........................
Date ....................................
(a) Here state (in full) name and address of applicant (b) Here state the purport of the order. (a) Here insert (in full) name and address of applicant. (b) Here insert "the decision" or "that part of the decision" as the case may be. (c) Here insert "refused (or allowed) application for patent", or "refused (or allowed)
application for leave to amend patent", or otherwise, as the case may be. (d) Insert number and year.
LR.O.1I1991
-- .- - - [Subsidiary) Patents Regulations
Palen/sAcl
FORMU
FORM OF APPLICATION FOR EXTENSION OF TIME FOR LEAVING ACOMPLETE SPECIFICATION
Sir,
................................................hereby. in respect of Application No............ dated ............................• apply for one month·s extension of time in which to leave a complete specification.
Thecircumstances in and grounds upon which this extension is applied for are asfollows(a)....................................................................................................
Sir, Your obedient Servant.
(b)
To the Registrar. Registrar's Office. Dominica.
Palen/sAcl
FORM V
FORM OF APPLICATION FOR EXTENSION OF TIME FOR ACCEPTANCE OF A COMPLETE SPECIFICATION
Sir, ........................................................ herebyapply for .............................month·s extension of time for the acceptance of the complete specification upon Application No................................... dated ...................................................
(a) The ciIcumstancos and groWlds must be slated in detail. see regulation 8. (b) To be signed by applicant or applicants or his or their agenl
PatenlsRegulalions [Subsidiary)
Thecircumstances in and grounds upon which this extension is applied for are as follows(a)
Sirt Your obedient Servant,
(b)
To the Registrar, Registrar's Office, Dominica.
Patents Act
FORMW
FORM OF PATENT
L.S. By His Excellency the President of Dominica.
TO ALL TO WHOM THESE PRESENTS shall come, Greeting.
WHEREAS ................................. of ............................ in ............................., hath by his solemn declaration unto me that he is in possession ofan invention for ...................................., that he is the true and first inventorthereof, and that the same is not in use by any other person to the best of his knowledge and belief.
AND WHEREAS thesaid inventor hath humbly prayed that I would be pleased to grant unto him (hereinafter together with his executors, administrators, and assigns, or any of them, referred to as the said patentee) Letters Patent in the name of the State for the sole use and advantage of his said invention within Dominica
AND WHEREAS the said inventor hath by and in his complete specification particularly described the nature of his invention.
KNOW YE, therefore, that I, in the name and on behalf of the State do, by these Presents, give and grant unto the said patentee my special licence, full power, sole privilege, and authority, that he the said patentee by himself, his agent, or licensees, and noothers may at all times hereafter, during the term of years herein mentioned, make, use, exercise, and vend the said invention
(a) The circwnstances and grounds must be stated in detail, see regulation 8. (b) To be signed by applicant or applicants or his or their agents.
L.R.O.l/l99J
[SubsidiaryI PatentsRegulations
within ..................... ............ in such manneras to him orthem may seemmeet, and that the said patentee shall have and enjoy the whole profit and advantage from time to time accruing by reason of the said invention, during the term of fourteen years from the date hereunder written of these presents; and to the end that the said patentee may haveand enjoy the sole use and exerciseand the full benefit of the said invention, I do by these presents require and strictly command all and every person and persons, bodies politic and corporate, and all others of what estate, quality, degree, name or condition they be within Dominica, that they do not at any time during the continuance of the said term offourteen years, eitherdirectly or indirectly, make use oforput in practice the said invention, or any part of the same, nor in anywise imitate the same, nor make or cause to be made any addition thereto or subtraction therefrom, whereby to pretend themselves the inventors thereof, without the consent, licence, or agreement of the said patentee in writing under his hand and seal, on pain ofincurring such penalties as may be justly inflicted on such offenders for their contemptandofbeinganswerable to thesaid patenteeaccording to law for his damages thereby occasioned: Provided always and these letters patent are on this condition, that, if any time during the said term it be made to appear to the High Court that this grantis contrary to law,orprejudicialor inconvenient to the citizens of the State in general, or that the said invention is not a new invention as to the public use and exercise thereof or that the said patentee is notthe frrstand true inventor thereofwithin Dominica, these letters patentshall forthwith determine, and be void to all intents and purposes, notwithstanding anything hereinbefore contained: Provided also, that if the said patentee shall notpay all fees required to be paid in respectofthe grantofthese letters patent, or in respect ofany matter relating thereto at the time or times, and in manner for the time being by law provided; and also ifthesaid patenteeshall not supply or cause to be supplied, for the public service, all such articles of the said invention as may be required by the Officers administering any department of the public service in such manner, at such times, and at and upon such reasonable prices and terms as shall be settled for that purpose by the Minister, then, and in any of the said cases, these letters patent, and all privileges and advantages whatever hereby granted shall determine and become void, not withstanding anything hereinbefore contained: Provided also, that nothing herein contained shall prevent the granting oflicences in such manner and for such considerations as they may by law be granted; and lastly, I do by these presents in the name and on behalfof the State grant unto the said patentee that these letters patent shall be construed in the most beneficial sense for the advantage of the said patentee. In witness whereof! have caused these letters to be made patent this ................. day of ......................... one thousand nine hundred and ...................... and to be sealed and dated as of the said