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PUBLIC RECORD OFFICE

ILT I

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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nature of any machinery, the cost of a model thereof

NEWFOUNDLAND.

may be so great as to prevent any ingenious but Governor, No. 74, August 22, 1856.“ poor persons from obtaining Patents for their useful inventions, it shall and maybe lawful for the Governor, by and with the advice and consent of the Council, if they shall see fit and proper under all the circum- stances so to do, to dispense with the delivery of such model into the office of the Colonial Secretary previous to the granting of any such Patent; and in such case, the requisitions of said Act being in all other respects complied with, the person applying for any Patent shall be entitled thereto in the same manner as if such model had been so lodged as aforesaid.

VII. Any patentec, his executors or adminis- Patentee may assign his interest in trators, may assign and transfer all his right, title,

and interest in the said invention and discovery, in the Letters-Patent to him granted, to any person whomsoever; and the assignee thereof, having recorded the said assignment in the office of the Colonial Secretary, shall thereafter stand in the place and stead of the original patentee, as well as to all right, privilege, and advantage, as also in respect of all liability and responsibility as to the said Letters-Patent, and the invention and discovery thereby secured; and in like manner shall the assignees of any such assignee stand, and be consi- dered to be, in the place and stead of the original patentee or inventor.

Patent.

VIII. Whenever, in any case, any Letters-Patent Forfeiture for infringing latent

shall be, or shall or may have been, granted to any person under and by virtue of this Act, and any person, without the consent of the patentee, his executors, administrators, or assigns, first had and obtained in writing, shall make, devise, use, or sell the thing, invention, or discovery, whereof the exclusive right is secured to the said patentee by such Letters-Patent, such person so offending sball forfeit and pay to the said patentee, his executors, administrators, or assigns, a sum equal to three times the actual damage sustained by such patentee, his executors, administrators, or assigns, from or by reason of such offence, which sum shall and may be recoverable, together with costs of suit, by action on the case, founded on this Act, in any Superior Court of this island.

right.

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NEWFOUNDLAND.

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IX. Provided always, that the defendant in such

Governor, No. 74, August 22, 1856, action shall be permitted to plead the general issue, In actions for infringement, general and give this Act and any special matter in evidence,

issue may be pleaded.

tending to prove that the specification filed by the plaintiff does not contain the whole truth relative to the invention or discovery therein alleged to have been made by the said plaintiff, or that it contains more than is necessary to produce the described effect (which concealment or addition shall fully appear to have been made for the purpose of deceiving the public), or that the thing, invention, or discovery thus secured by Letters-Patent as aforesaid was not originally discovered by the patentee, but had been in use, or had been described in some public work, anterior to the supposed invention or discovery of the said patentee, or that the said patentee had surreptitiously obtained Letters-Patent as aforesaid for the invention or discovery of some other person; in either of which cases, upon sufficient and legal proof thereof, a verdict shall be returned and judg- ment shall be entered for the said defendant, with costs, and the said Letters-Patent shall thereupon be and become, and shall by the said Court be adjudged, void and of no effect.

No applicant to be deprived of his right to a Patent in this Colony, by reason of obtaining a Patent elsewhere.

Proviso.

No Patent to be in force in this Colony which has expired else- where.

X. No applicant shall be deprived of his right to a Patent in this Colony for his invention by reason of his having previously taken out Letters-Patent therefor in any other country: Provided that such invention shall not have been introduced into public and common use in this Colony prior to the applica tion for a Patent therein, and that the Patent granted in this Colony shall not continue in force after the expiration of the Patent granted elsewhere, and that, where more than one such Patent or like privilege is obtained abroad, then, immediately upon the expiration or determination of the term which shall first expire or be determined of such several Patents or like privileges, the Patents granted in this Colony shall cease to be in force: Provided further, that no Letters-Patent for or in respect of any invention for which any such Patent or like privilege as aforesaid shall have been obtained else-- where, and which shall be granted in this Colony, after the expiration of the term for which such Patent or privilege was granted or was in force, shall be of any validity.

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