THIIT
PUBLIC RECORD OFFICE
Reference :-
C.O-885
2 PUBLIC RECORD OFFICE, LONDON
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NEW SOUTH WALES.
NEW SOUTH WALES.
The Executive Council.—The Council record their opinion that it is desirable that Patents granted Governor, No. 92. July 25, 1855. in the United Kingdom should extend to this Colony, in common with other portions of the British dominions, and that, in like mauner, Patents granted in any British Colony should operate in Great Britain and in all its dependencies. If this principle should be adopted by the British Parlia- ment, it will of course be necessary to provide for the formal registration in the Colonies of Patents granted in the United Kingdom, and for the regis tration of Patents granted in any one Colony both in Great Britain and in all other its dependencies; and to meet the possible case of the same invention being patented in two portions of the British Empire,, it should be provided that the claims of either patentee should be determined by priority of registration, that is to say, for example, that a Patent granted in this Colony for any invention should have precedence in the Colony of a Patent for the same invention granted in Great Britain or
elsewhere in the British dominions, but not duly registered in the Colony at the date of the issue of the Colonial Patent.
any of
It will likewise be proper to provide by Parlia mentary enactment for the legal proof in any one Colony of Patents granted in Great Britain, or in any other British possession, and likewise for the proof in Great Britain of Patents granted her Colonies. So far as regards Patents granted in Great Britain, the Council concur with the Crown Law Officers in thinking that it would be, perhaps, the most convenient course to enact that copies of the Patent, printed by the Queen's printer, should
be evidence thereof; and as regards Patents granted
in
any British Colony, the Council suggest that it
might be expedient to enact that the production of
a copy of the Government Gazette, containing a proper notification of the particulars of the grant, should be received as sufficient proof thereof.
Governor Sir C. Fitzroy concurs in the opinion of the Executive Council.
NEW SOUTH WALES.
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Mr. Attorney-General Plunkett and Mr. Solicitor-
Governor. No. 92, July 25, 1853. General Manning.—To the question,
"What is the
present state of the law of the Colony under your
governinent as to the powers which exist for the grant of Patents within the Colony by the local authorities?" we have the honour to reply that the only Colonial enactment on the subject of Patents for inventions is that passed in the last session of the Council, numbered 24, of which we inclose
a copy.
In answer to the inquiry "as to the mode of proving, in the Colonial Courts, Patents grauted in this country," regard being bad to the recent Patents Act, 15 & 16 Vict., cap. 83, and also to the Act to amend the Law of Evidence, 14 & 15 Vict., cap. 99, we have the honour to report that, on production of a Patent under the Great Seal of the United Kingdom, it would necessarily be received in evidence without further proof, and that we con- ceive that an "exemplification of the Patent would also be admissible in the Colonial Courts.' latter point, however, does not appear to be quite
free from doubt.
This
We presume that our opinion is not sought upon
the question put by the Secretary of State as to the expediency of the grant of Patents in the United Kingdom extending to this Colony.
With reference to the last question in the inclosed despatch, we beg leave to report, that as it would, in general, be inconvenient to produce the original Patent in the Courts of the Colonies, and as the sufficiency of proof by exemplification" is not clear, we think (subject to the superior opinion of the Law Officers of England upon the above point) that some legislative enactment should be passed by the Imperial Legislature, so as to apply at once to all the Colonies to be mentioned in the Queen's Warrants and Letters Patent under the authority of 15 & 16 Vict., cap. 83, s. 18. For this purpose,
it might be enacted either that a transcript should (as directed for Scotland) be recorded in the Supreme Courts of the Colonies, and should be judicially noticed, or that copies of the Patents, printed by the Queen's printer, should be evidence in like manner as section 33 of that Act provides with reference to specifications, disclaimers, and memoranda of alterations.