70
issued under this Act, it shall not be necessary or material to inquire or ascertain whether such appointment as last aforesaid has or has not been delivered and published, or dispensed with, in accord- ance with this Act, and such filing of any disclaimer or memorandum of alteration in pursuance of the leave of the Law Officer certified as aforesaid shall, except in cases of fraud, be conclusive as to the right of the party to enter such disclaimer or memo- randum of alteration under this Act.
VICTORIA.
Governor, No. 28, March 12, 1857.
XXII. The copies of all specifications, and the Copies of specification, disclaimers,
&c., to be open to inspection, drawings and models accompanying the same, if any, and of all disclaimers and memoranda of altera- tious respectively, deposited under or in pursuance of this Act, shall be open to the inspection of the public at all reasonable times, after the grant of Letters-Patent, or if no Letters-Patent be granted, then immediately on the expiration of six months from the time of such deposit, but subject to such regulations as the Governor, with the advice afore- said, may make in that behalf.
XXIII. If any person having obtained Letters- Mode of obtaining extension of the Patent under this or the said first-mentioned Act,
or in case such person shall have departed with his whole or any part of his interest by assignment, if such person, together with the assignee (where part only hath been assigned), or if the assignee alone (where the whole hath been assigned), shall, six months before the expiration or other determina- tion of such Letters-Patent, present to the Governor a petition for the extension of the term in such Letters-Patent mentioned, and shall set forth in such petition that he or they has, or have, been unable to obtain a due remuneration for his or their expense and labour in perfecting such invention, and that an exclusive right of using and vending the same, for some further period to be named in is neces- such petition, in addition to the said term, sary for his or their reimbursement and remune- ration, it shall be lawful for the Governor, with the advice aforesaid, to refer the consideration of the said petition to Commissioners, to be appointed for that purpose, in the manner hereinafter mentioned.
term.
VICTORIA.
invalid Patent
71
XXIV. If in any suit or action it shall be proved, Governor, No. 28, March 12, 1857. or specially found by the verdict of a jury, that any Mode of obtaining confirmation of person who shall have obtained Letters-Patent for any invention, or supposed invention, was not the first inventor thereof, or of some part thereof, by reason of some other person having invented or used the same, or some part thereof, before the date of such Letters-Patent, or if such patentee or his assigns shall discover that some other person had, unknown to such patentee, invented or used the saine, or some part thereof, before the date of such Letters-Patent, such patentee or his assigns may petition the Governor to confirm the said Letters- Patent, or to grant new Letters-Patent, and it shall be lawful for the Governor, with the advice afore- suid, to refer the consideration of the said petition to Commissioners, to be appointed for that purpose, in the manner hereinafter mentioned.
Appointment of Commissioners.
Notice of Commission to be pub
lished and caveats entered.
XXV. For the purpose of considering any such petition as aforesaid, it shall be lawful for the Governor, if, with the advice aforesaid, he shall think fit to issue and direct, in the name of Hèr Majesty, her heirs or successors, to five or more persons (of whom some of the Judges of the Supreme Court shall be two), a commission, reciting such petition, and requiring and authorising such persons, or any three of them, of whom one of the said Judges shall be one, to meet at some time (not being Jess than two months from the publication of the said commission in the "Government Gazette,") and at some place to be respectively fixed in the said commission, and then and there to consider the said petition, and to report to Her Majesty, her heirs and successors (in case such petitioner shall have prayed for an extension of the term in the Letters-Patent mentioned), whether any, and, if any, what, further extension of the said term should be granted, according to the prayer of the said petition, and upon what, if any, conditions, or (in case such petitioner shall have prayed for a con- firmation of the Letters-Patent, or for a grant of new Letters-Patent) whether such confirmation or grant should be made.
XXVI. Two months, at least, before the time named in the said commission for the consideration
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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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