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XI. Letters-Patent may be issued by the Governor
NEWFOUNDLAND.
may
issue
to
assignee of persons obtaining Patents elsewhere.
and Council to the assignee of any person who may Governor, No. 74, August 22, 1856. have taken out Letters-Patent for his invention or Letters - Patent discovery in any other country, but not for any invention or discovery made abroad for which no Letters-Patent have been there obtained: Provided Proviso. that the invention or discovery so assigned shall not have been introduced into public and common use into this Colony prior to the application for a Patent; and that the assignee of such foreign Patent shall file, with his application, the assignment, duly proved, under which he claims a Patent in this Colony, and an affidavit setting forth the date of the Patent abroad, that the article thereby patented has not been in public and common use in this Colony, and that he is the assignee for a good consi- deration.
XH. Any Letters-Patent which may be taken out under or by virtue of this Act, and which shall not have been brought into operation within two years next ensuing from and after the date thereof, such Letters-Patent shall, at the expiration of the said two years, be deemed to be forfeited, and shall thence be and become void and of no effect.
XIII. No Letters-Patent shall be granted under or by virtue of this Act until notice shall be pub lished in the Royal Gazette, and one or other of the newspapers of this Colouy, for at least four weeks, of the intention of the applicant to apply for such Letters-Patent; and such notice shall contain, in general terms, the description of the invention for which such Letters-Patent shall be desired.
XIV. If by mistake, accident, or inadvertence, and without any wilful default, or intent to defraud or mislead the public, a patentee shall in his speci- fication have claimed to be the original and first inventor or discoverer of any material or substantiał part of the thing patented, but of which he was not the original or first inventor, and shall have no just or legal right to claim the same, his Patent in such case shall be deemed good and valid for so much of the invention or discovery as shall be actually his own, provided it is a material and substantial part of the thing patented, and be plainly distinguishable
Patents not brought into operation within two years to be forfeited.
Notice of intention to apply for Patents to be published in "Gazette," &c.
Remedy where patentee takes a larger interest than his invention entitles him to.
J
NEWFOUNDLAND.
35
from other parts patented without right; and every Governor, No. 74, August 22, 1856. such patentee and his legal representatives, whether holding the whole or a particular interest in the Patent, may maintain suits at law or in equity for any infringement of such part of the same as is actually the invention or discovery of the patentee, although his specification may embrace more than he has a legal right to claim; but if in such case the plaintiff' shall obtain a verdict or judgment, he shall not be entitled to costs, unless before the commencement. of the suit he shall have filed in the office of the Colonial Secretary a disclaimer, attested by one witness, or more, of that part of the thing patented which was claimed without right: Provided always, that no person bringing a suit shall be entitled to the benefits of this section if he shall have, unreason- ably neglected or delayed to record his disclaimer.
Disclaimer of surplus where speci-
fication is too broad.
XV. If through inadvertence, accident, or mis- take, a patentee shall have made his specification too broad, by claiming more than that of which he was the original or first inventor (some material and substantial part of the thing patented being justly and truly his own), such patentec, or his legal repre- sentatives, may disclaim the excess; the disclaimer shall be in writing, and shall state the extent of interest in the patent held by the party making the same; it shall be attested by one or more witnesses, aud be recorded in the office of the Colonial Secre- tary; thereafter such disclaimer shall be taken aud considered as part of the original specification, to the extent of the interest possessed by the party making the same, or by those claiming under him; but no such disclaimer shall affect any action or suit pending at the time of its being recorded, except so far as may relate to the question of unreasonable neglect or delay in recording the same.
XVI. If any Patent shall become inoperative, or Remedy where Patent beconies
invalid by reason of a defect in invalid, by reason of a defective or insufficient description, &c.
description or specification, or by reason of the patentee claiming in his specification, as his own invention, more than he had a right to claim, and the error has arisen from inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, it shall be lawful for the Governor, upon the surrender of such Patent, and upon petition
PUBLIC RECORD OFFICE
Reference :-
TLC.O.
885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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