CO885(1-2) — Page 473

PUBLIC RECORD OFFICE

C.O.

Reference :-

• 885

2 PUBLIC RECORD OFFICE, LONDON

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

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Victoria, be it therefore enacted by his Excellency the Lieutenant-Governor of the said Colony, by and with the advice and consent of the Legislative Council thereof, as follows:

1. From and after the passing of this Act, any person to whom, as the originator or discoverer of any new invention or improvement in the arts or manufactures, his Excellency the Lieutenant-Gover- nor shall, according to the provisions hereinafter contained, grant Letters-Patent or an instrument in the nature of Letters-Patent, shall have within the said Colony of Victoria for a term of fourteen years next after the granting of such Letters-Patent or Instrument, the exclusive enjoyment and advan- tage in the said Colony of such invention or improve- ment, and such and the same protection, and such and the same remedies at law and in equity against any person in the said Colony infringing the said Letters-Patent or Instrument, and generally such and the same rights, powers, and privileges, through- out the said Colony, with respect to the invention for which such Letters-Patent or Instrument shall be granted, as any person to whom Letters-Patent for a new invention have been granted under the Great Seal of England, has, by the law of England, in and throughout the realm of England, save so far as such protection, remedies, rights, powers, and privileges may be inconsistent with the provisions of this Act Provided that so much of the provisions contained in an Act of the United Parliament of Great Britain and Ireland, passed in the session of the fifth and sixth years of the reign of His late Majesty King William the Fourth, intituled “An Act to amend the Law touching Letters-Patent for Inventions," as relate to the confirming of Letters- Patent or granting new Letters-Patent to a patentee acting under an erroneous belief that he was the first and original inventor, and for the prolongation of Letters-Patent and the several provisions contained in an Act of the United Parliament of Great Britain and Ireland, passed in the session of the fifteenth and sixteenth years of the reign of Her present Majesty, intituled "An Act for amending the Law for granting Patents for Inventions," shall not be deemed applicable to the Colony of Victoria: Pro- vided further, that any of the penalties recoverable

VICTORIA.

Superintendent, No. 53, April 15. 1854.

Holder of Letters-Patent issued

under this Act entitled to same privileges in Victoria as Patentee under Great Seal entitled to in England.

VICTORIA.

Superintendent. No. 53,

April 15, 1854.

Mode of application for Letters-

Patent.

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any

by any person holding Letters-Patent under the Great Seal of England in any Court in Great Britain under the said first-mentioned Act, for unauthorised person using or imitating the name of any such patentee, or using the word " patent," or the like words, or counterfeiting the mark of any such patentec, may be recoverable and recovered in similar Courts in the said Colony by any person to whom Letters-Patent, or an Instrument in the nature of Letters-Patent, shall be granted under the provisions hereof, or by his assignee, for similar injuries to such last-mentioned patentee or his assignee in the said Colony.

II. Any person being the originator or discoverer of any new invention or improvement as aforesaid, for which no Patent or Instrument in the nature of Letters-Patent has been issued or granted in Victoria, or any other country, and being desirous of obtaining Letters-Patent or an Instrument as aforesaid under this Act, shall deposit with the Colonial Treasurer the sum of fifty pounds, and shall leave at the office, or in the custody of such person as the Lieutenant- Governor may appoint, a petition addressed to his Excellency, stating clearly and succinctly the object to be attained by his invention or discovery, setting forth that he has deposited the said sum of fifty pounds as aforesaid, and praying that Letters-Patent or an Instrument as aforesaid may be granted to him, for the exclusive use thereof in the said Colony; and

shall also send with his said such person every petition a written specification, signed by him, of his invention or discovery, and of the manner and process of making, constructing, using, and com- pounding the same, in such terms, avoiding unneces- sury prolixity, as to enable any person skilled in the art or scheme to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same, and in case of any machine, a statement of the principle, and the several modes in which he has contemplated the application of that principle, or character by which it may be distinguished from other inventions, and shall, in the said specification, particularly specify and point out the part improvement or combination which he claims as his own invention or discovery. He shall also send a drawing and written references,

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