PUBLIC RECORD OFFICE
Reference :-
TC.O.885
2 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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I. An Act of the Lieutenant-Governor and Legis-
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lative Council of the Colony, passed in the seven- Governor, No. 28, March 12, 1857. teenth year of the reign of Her present Majesty, Repeal of 17 Vict., No. 15, intituled "An Act to regulate grants of Patents for Inventions in the Colony of Victoria," shall be, and the same is, hereby repealed, except as to any Letters-Patent which may have been granted by virtue thereof, and except so far as may be neces- sary to support and carry into effect and operation any steps or proceedings already taken or commenced under the same.
II. In the interpretation of this Act, the expres- Interpretation. sion Law Officer" shall mean and include Her Majesty's Attorney-General and Her Majesty's Solicitor-General; and the word "invention " shall mean and include any manner of new manufacture, the subject of Letters-Patent and grant of privilege, within the meaning of the enactment next herein- after contained.
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III. It shall be lawful to make and issue, in the Power to grant Patents.
manner hereinafter mentioned, Letters-Patent and
grants of privilege, for any term not exceeding fourteen years from the date thereof, of the sole working or making of any manner of new manu- factures within this Colony and its dependencies, to the true and first inventor of such manufactures, which others, at the time of making such Letters- Patent and grants, shall not use, so as also they be not contrary to the law nor mischievous to the State, by raising prices of commodities, or hurt of trade, or generally inconvenient; and all other monopolies, commissions, grants, licenses, charters, and letters- patent hereafter to be made or granted to any person of or for the sole buying, selling, making, working, or using of anything within this Colony or its dependencies, or of any other monopolies, or of power, liberty, or faculty to dispense with any others, and all matters and things whatsoever, in anywise tending to the instituting, erecting, or countenancing of the same, or any of them, shall be utterly void and of none effect, and in nowise be put ¡ execution.
to make executing this Act.
rules for
IV. It shall be lawful for the Governor, with the Governor advice of the Executive Council, from time to time
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to make such rules and regulations (not inconsistent
Governor, No. 28, March 12, 1857, with the provisions hereof) as may appear to be necessary and expedient for the purposes of this Act, and all such rules and regulations shall be laid before both Houses of Parliament within fourteen days after the making thereof, if Parliament be sitting, and if Parliament be not sitting, then within fourteen days after the next meeting of Parliament.
On application for Patents, inventor
to deposit specification.
V. All applications under this Act for the grant of Letters-Patent for an invention shall be made as follows (that is to say); the applicant shall deposit at the office of the Chief Secretary an instrument in writing, under his hand and seal, particularly describ- ing and ascertaining the nature of the said invention, and in what manner the same is to be performed, and also a copy of such instrument, and of the drawings accompanying the same, if any, and the day of the deposit of every such specification, shall be recorded at the said office, and endorsed on such specification, and a certificate thereof given to such applicant or his agent; and thereupon, subject and without prejudice (to the provisions hereinafter con- tained, the said inventiofi shall be protected under this Act for the term of six months next after the said deposit, and the applicant shalks have, during such term,
the like powers, rights, and privileges as might have been conferred upon him by Letters- Patent for such invention issued under this Act and duly sealed, as of the day of such deposit; and during the continuance of such powers, rights, and privi- leges under this provision, such invention may be used and published without prejudice to any Letters- Patent to be granted for the same, and where Letters-Patent are granted in respect of such inven- tion, such Letters-Patent shall be conditioned to become void if such specification does not particularly describe and ascertain the nature of the said inven- tion, and in what manner the same is to be per-
Specification may be amended formed: Provided always, that in case the title of
before Patent issues.
the invention, or the said specification, be too large or insufficient, it shall be lawful for the Law Officer, during the said term of six months, and before the grant of the Letters-Patent, to allow or require such specification to be amended, or another and sufficient specification to be deposited in lieu thereof; and every such amended or new specification shall have
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