CO885(1-2) — Page 442

PUBLIC RECORD OFFICE

c.o.

Reference :-

885

2 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO

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cuce to the interests of Malta only, I do not think

MALTA.

the extension of Patents hither would be an advan- Governor, No. 170. April 9, 1858.

age.

The only point of view in which it could be so regarded would be, that the patentee might be tempted by the advantage of a monopoly to intro- duce an invention earlier than it would otherwise be introduced by imitators.

Such cases might occur, but not frequently. Now it is probable with reference to steps of obvious and extensive utility; and there are more than counter- balancing advantages on the other side.

To take a case in point: Malta has few manufac- tures, and no machinery; but the Messrs. Maudsley are about to set up an establishment for steam machinery. Now it is obvious that Malta presents no such field as would tempt the patentecs of every small advance in machinery to go to the expense of introducing it here.

On the other hand, it is obviously for the advan- tage of Malta that Messrs. Maudsley should be at liberty to adopt every step in improvement as fast as it is made.

On these grounds, and setting aside the interest of the patentees, I concur in thinking that it should be left to the Local Legislature to offer, when it thinks proper, the inducement of a Patent-a circumstance which it is probable would occur very seldom. The blame of an injudicious grant would then rest with them, and not with the Home Government.

GOLD COAST.

Governor Hill.-There is no special law in these

CAPE COAST CASTLE.

Settlements on the subject; nor do I consider the Governor. No. 19. March 4, 1858. state of society here at present requires such a law.

ST. HELENA.

Governor, No. 30, May 20, 1853.

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ST. HELENA.

Mr. Queen's Advocate Firmin.-I beg to observe that in a Colony like St. Helena, where no manu- factures even of the most ordinary kind exist, and the natural products are almost confined to the esculents raised for the supply of shipping, there would appear to be little prospect of the protection of the law being required for local inventions, and as little cause to apprehend an infringement of the rights of others; consequently any opinion as to the benefits to be derived from extending the grant of Patents to this Colony can only be conjectural, and in reference to some distant future. "The remarks, therefore, which I shall append to the several inquiries contained in the Circular, I beg to be understand as offered with submisslon to superior judgment.

With regard to the first question-What is the present state of the law of this Colony as to the powers which exist for the grant of Patents within

the Colony by the local authorities, and also as to the mode of proving, in the Colonial Courts, Patents granted in England?-regard being had to the recent Patents Act, 15 & 16 Vict., c. 83, and also to the Act to amend the Law of Evidence, 14 & 15 Vict., c. 99; I have to state that I am not aware of any law in this Colony which empowers the local authorities to grant patents within the Colony. The mode of proving, in the Colonial Courts, Patents granted in the mother country, should it be neces sary, would be the same as is adopted in the Superior Courts in England by the production of an exemplification of the enrolment of the Letters- Patent.

As to the expediency of the grant of Patents in England extending to this Colony, there does not appear to be any ground for objecting to such a measure, although, from the peculiar circumstances of the Colony, it may be long before its advantages become available.

To the last question of the circular-What faci- lities would it be necessary for the Legislature to give (supposing no sufficient facilities at present to exist) for rendering such a Patent available by proof in the Colonial Courts in case of infringement of C