719402-1862-HONGKONG-ANNO-VICESIMO-QUINTO-VICTORIE-REGINE-NO-OF-1862- — Page 2

188

Title.

Preamble.

THE HONGKONG GOVERNMENT GAZETTE, 28TH JUNE, 1862.

Authority to Owners

tion for Letters Patent.

HONGKONG.

ANNO VICES MO SEXTO VICTORIE REGINÆ.

No. of 1862.

By His Excellency SIR HERCULES GEORGE ROBERT ROBINSON, Knight, Governor and Commander-in-Chief of the Colony of Hongkong and its Dependencies, and Vice- Admiral of the same, with the Advice of the Legislative Council of Hongkong.

An Ordinance for granting Patents for Inventions within this Colony.

[

;

1862.]

Whereas Patents for Inventions granted in England are not usually extended to the Colonies, and it is expedient that power should be vested in His Excellency the Governor with the Advice of the Executive Council to grant Letters Patent for the exclu- sive use of Inventions within this Colony, for which Letters Patent have already been granted in England: Be it therefore enacted by His Excellency the Governor of Hong- kong, with the Advice of the Legislative Council thereof, as follows:--

I. It shall be lawful for the Inventor or for the Owner by Assignment or otherwise of laventions to Peti- from Inventor of any Invention or of the exclusive Right thereto within this Colo-

any ny to petition His Excellency the Governor for Letters Patent for any Invention, for which Letters Patent have already been granted in England; and such Petition may be in the Form set forth in Schedule A hereto. Every such Petition shall be accompanied by a Specification of the said Invention identical as far as practicable with the Specification filed on the Petition for Letters Patent for the said Invention in Eng- land, and by a Declaration which may be in the Form set forth in Schedule B or in such other Form not being less specific as to the Colonial Secretary shall appear proper. Pétition, Specifica- II. Such Petition, Specification and Declaration shall be filed in the Office to be filed in One of of the Colonial Secretary, and Notice thereof and of any Intention to apply for Colonial Secretary and Such Letters Patent, and of the time of the sitting of the Executive Council before to be advertised. which the matter of the Petition will come for decision together with such other particulars as the Colonial Secretary shall require, shall be inserted twice in the Hongkong Government Gazette, and shall be otherwise advertised as the said Colonial Secretary shall direct.

tion and Declaration

Governor in Coun-

Patent.

III. His Excellency the Governor with the Advice of the said Exceutive Council cil to grant Letters shall, at the sitting to be so appointed for deciding on such Petition for Letters Patent as aforesaid or at any adjournment thereof, determine on such application for Letters Patent and grant or refuse the prayer of the said Petition as shall appear expedient, and for such time or times not exceeding the then Duration of the Letters Patent for the said Invention or for any less period and subject to such Conditions in all respects. as to His Excellency the Governor with the Advice of the said Executive Council shall scem fit.

The said Letters Patent may be in such form as is prescribed by the Patent Law Amendment Act 1852 of the Imperial Parliament or as 'near thereto as circums- tances will permit.

Effects of such grant.

Went and how

be granted for and

extended period.

IV. Letters Patent to be granted under this Ordinance shall confer all the rights and privileges and shall subject the Grantees thereof to all the provisions affect- ing Letters Patent in England as fully as if the same had been granted with an ex- tension thereof to this Colony by Her Majesty under the provisions of the Statutes now in force in England or as near thereto as the circumstances of this Colony will admit of.

V. In case Her Majesty shall, by the Advice of the Judicial Committee of Her Letters Patent may Majesty's Privy Council, extend the Privileges of any Letters Patent in England for any Invention for any Period, it shall be lawful for His Excellency the Governor with the Advice of the Executive Council to extend in like manner such Letters Patent if already granted for this Colony or otherwise to grant Original Letters Patent for a like extended Period for the same Invention.

SCHEDULE A.

FORM OF PETITION.

The humble Petition of A.B., (or as the case may be of C. Das agent for A. B.) &c.

That your Petitioner (or as the case may be) that A.B. of whom your Petitioner is the Agent, Assignee, Executor or Administrator, has obtained Her Majesty's Letters Patem dated the

day of

18 for (state the Title of the Invention as granted) and that such Letters Patent are to continue in force

for

years from the

day of

186