CO885(1-2) — Page 475

PUBLIC RECORD OFFICE

TII

C.O.

Reference :-

885

PUBLIC RECORD OFFICE, LONDON

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

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shall sign his name and cause the seal of the said Colony to be annexed to such Letters-Patent, and deliver the same to the person to whom the same shall be granted, or to his agent or legal repre- sentative.

VICTORIA.

Superintendent, No. 53, April 15, 1854.

IX. The person to whom such Letters Patent Letters-Patent to be delivered to shall be issued shall thereupon deliver, or canse to

Registrar-General.

be delivered, the said Letters-Patent at the office

of the said Registrar-General, and the said Letters-

Patent shall be operative from the time of such delivery.

X. It shall be lawful for a larger number than More than twelve persons may be

twelve persons to have a legal and beneficial interest

in any such Letters-Patent, or Instrument in the nature of Letters-Patent, issued under the provisions

of this Act.

interested in Letters-Patent.

XI. Every Patent or Instrument in the nature of Assignment of a Patent and record Letters-Patent granted under this Act shall be thereof,

assignable in law, either as to the whole interest or any undivided part thereof, by any instrument in writing, which assignment, and also every grant and conveyance of the exclusive right under any Patent to make and use, and to grant to others to make and use the thing patented within the said Colony, shall be recorded in the office of the Registrar- General within three months from the execution thereof, upon payment by the assignee or grantee to the Colonial Treasurer of the sum of ten pounds.

XII. In any action in the Supreme Court of the tujunction may be granted.

said Colony for the infringement of ану Letters- Patent, or Instrument in the nature of Letters- Patent, issued under the provisions of this Act, it shall be lawful for the Court, as well in its common- law as equity jurisdiction, or if the Court be not sitting, then for a Judge of such Court, on the application of the plaintiff or defendant respectively, to make such order for an injunction, inspection, or account, and to give such direction respecting such action, injunction, inspection, and account of the proceedings therein respectively as to such Court or Judge shall seem fit.

VICTORIA.

Superintendent, No. 53, April 15, 1854. Letters-Patent may be repealed by

scire fucias:

Letters-Patent and specification,

&c., to be enrolled.

Specification may be corrected.

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XIII. Any Letters-Patent, or Instrument in the nature of Letters-Patent, granted by virtue of this Act shall be liable to be repealed by writ of scire facias, for the same causes and in the same manner as any grants of the Crown are liable to be repealed.

XIV. The said Registrar-General shall cause both the said Letters-Patent and the said specification and description to be kept in his office, and shall also cause a book to be kept in his office containing an index to all such Letters-Patent or instruments which may be issued or assigned, the object to be attained by the invention to be protected thereby, the date thereof, the name of the person to whom the same is issued or assigned, and such description of the enrolment thereof as may be necessary to facilitate reference; and all persons whosoever may have access to the said books, and may inspect the same, and may have copies thereof, or of such parts thereof, as they may require, certified by the said Registrar-General, upon payment of the reasonable expenses actually incurred in making the same, and copies of or extracts from the said Letters-Patent, instrument, and specification, certified by the said Registrar-General to be true copies or extracts, shall be received as evidence of the contents of the said Letters-Patent, instrument, and specification, respec- tively, in all proceedings whatever.

XV. Whenever any Patent, or Instrument in the nature of Letters-Patent, granted under the autho- rity of this Act shall be inoperative or invalid, by reason of a defective or insufficient description or specification, or by reason of the patentee claiming

as his own invention more than he had or shall have a right to claim as new, if the error has or sha!! have arisen by inadvertency, accident, or mistake, and without any fraudulent or deceptive intention, it shall be lawful for his Excellency the Lieutenant- Governor, upon the surrender of such Patent or Instrument, and the payment to the Colonial Trea- surer of the sum of ten pounds, to cause a new Patent or Instrument as aforesaid to be issued to the said inventor for the same invention for the residue of the period then unexpired for which the original Patent was granted in accordance with the patentee's corrected description and specification. And in case

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