No. 312.

(AMENDMENT).

31 VICTORIA, "be distinguished whether such ship is in construction and equip"ments adapted for sea service as well as for river service, or for "river service only; and such declaration shall also state the limits "within which such ship is in the judgment of the surveyor adapted "for plying; and in the case of sea-going ships, the declaration of "one of the surveyors shall contain a statement that he is satisfied "the compasses have been properly examined and adjusted within "one month prior to the date of such declaration; and such owner "shall transmit every such declaration to the board within fourteen days after the date thereof. Provided nevertheless that the Vic"toria Steam Navigation Board may from time to time and at all "times inspect or cause to be inspected any steam ship hereinbefore "excepted from the operation of this section, and may also from "time to time suspend the operation within and for Victoria of any "sea-going or of any river-going certificate aforesaid, and immediately upon and during the time of such suspension every steam "ship in respect of which such suspended certificate shall have been 'granted, and every owner and every master mate and engineer of "such steam ship shall be liable to all the obligations liabilities and "penalties by this Part provided."

28 VICTORIA, An Act to Consolidate the Law concerning Letters Patent for Inventions.

No. 240.

Title of Act.

Repeal of Acts.

First Schedule.

Interpretation.

Power to grant patents.

[9th May 1865.]

E it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows:

1. This Act shall come into operation on the first day of June in the year of our Lord One thousand eight hundred and sixty-five; and shall be called and may be cited as "The Patents Statute 1865." Its sections are divided into Parts as follow:

PART I.-Mode of obtaining Letters Patent ss. 4-19.
PART II.-Disclaimers and Alterations ss. 20-23.
PART III.

Extension of Term and Confirmation of Invalid
Patents ss. 24-28.

PART IV.-Miscellaneous Provisions ss. 29-39.

2. The Acts mentioned in the First Schedule hereto to the extent to which the same are in and by the said schedule expressed to be repealed shall be and the same are hereby repealed. Nothing herein contained shall affect any proceedings or things lawfully taken done or commenced or any letters patent granted or any protection or right conferred or any rules and regulations or any register or appointment made or any notice or particulars given or published or any warrant issued or careat entered under the said repealed Acts or either of them before the coming into operation of this Act; and all such proceedings and things shall be as valid and may be continued and all such letters patent protections rights rules and regulations registers appointments notices particulars warrants and caveats shall have the same force and efficacy as if this Act had not been passed. Letters patent may be granted in respect of applica tions made before the coming into operation of this Act in like manner as if this Act had not been passed: and where letters patent have been granted before the commencement of this Act or shall in respect of any application made before the commencement of this Act be hereafter granted for any invention, such letters patent may be confirmed or the term thereof extended or new letters patent granted for such invention in like manner as if the original or first letters patent had been granted under this Act.

3. In the interpretation of this Act the word "invention" shall mean and include any manner of new manufacture the subject of letters patent and grant of privilege within the meaning of the enactment next hereinafter contained.

PART I.-MODE OF OBTAINING LETTERS PATENT.

4. It shall be lawful to make and issue in the manner herein21 Jac. I. c. 3 s. 6. after mentioned letters patent and grants of privilege for any term not exceeding fourteen years from the date thereof of the sole working or making of any manner of new manufactures within Victoria and its dependencies to the true and first inventor of such manufac

No. 240.

tures which others at the time of making such letters patent and 28 VICTORIA, grants shall not use, so as also they be not contrary to the law nor mischievous to the State by raising prices of commodities or hurt of trade or generally inconvenient. And all other monopolies commis- 21 Jac. I. c. 3 s. 1. sions grants licenses charters and letters patent hereafter to be made or granted to any person of or for the sole buying selling making working or using of anything within Victoria or its dependencies or of any other monopolies or of power liberty or faculty to dispense with any others and all matters and things whatsoever in anywise tending to the instituting erecting or countenancing of the same or any of them shall be utterly void and of none effect, and in nowise to be put in execution. (@)

rules for execut

5. It shall be lawful for the Governor in Council from time to Governor in time to make such rules and regulations (not inconsistent with the Council to make provisions hereof) as may appear to be necessary and expedient for ing this Act. the purposes of this Act and all such rules and regulations shall be laid before both houses of Parliament within fourteen days after the making thereof if Parliament be sitting, and if Parliament be not sitting then within fourteen days after the next meeting of Parliament.

for patents inventor to deposit

of the Registrar

tuted by 36 Vict.

"Patents (Amend

6. All applications under this Act for the grant of letters on application patent for an invention shall be made as follows (that is to say) :the applicant shall deposit at the [office of the Chief Secretary] an specification. instrument in writing under his hand and seal, particularly describ- The words "office ing and ascertaining the nature of the said invention and in what General substi manner the same is to be performed, and also a copy of such instru- No. 432 s. 1, ment and of the drawings accompanying the same (if any); and the ment)," post. day of the deposit of every such specification shall be recorded at the said office and endorsed on such specification, and a certificate thereof given to such applicant or his agent; and thereupon, subject 15 & 16 Vict. and without prejudice to the provisions hereinafter contained, the c. 83 s. 8. said invention shall be protected under this Act for the term of six months next after the said deposit; and the applicant shall have m. s. 9. during such term the like powers rights and privileges as might have been conferred upon him by letters patent for such invention. issued under this Act and duly sealed as of the day of such deposit; and during the continuance of such powers rights and privileges under this provision such invention may be used and published without prejudice to any letters patent to be granted for the same; and where letters patent are granted in respect of such invention, such letters patent shall be conditioned to become void if such specification does not particularly describe and ascertain the nature of the said invention and in what manner the same is to be performed. Provided always that in case the title of the invention or Specification may the said specification be too large or insufficient, it shall be lawful be amended befor the law officer during the said term of six months and before the issues.

(a) As to protection of exhibitors of new inventions and works of industry and art, see 36 Vict. No. 422, "Patents (Exhibitors' Protection)," post.

(b) The use of a perfected article, not by way

fore patent

of experiment but for the purposes of trade, by the inventor amounts to a publication, and will vitiate a patent subsequently granted.-Ellis v. Geach, 4 A.J.R., 163.

No. 240.

28 VICTORIA, grant of the letters patent to allow or require such specification to be amended, or another and sufficient specification to be deposited in lieu thereof; and every such amended or new specification shall have the same force effect and operation as if it had been originally deposited in its amended or new state.

Form and size of 7. Every such specification as aforesaid shall be in the form specification and contained in the Second Schedule to this Act or to the like effect, Second Schedule. and shall be written upon both sides of one or more skin or skins

copy.

Patent of true

inventor not to be affected by specification of pretended inventor.

15 & 16 Vict.

c. 83 s. 10.

Mode of proceed

of specification.

Ib. s. 12.

The words "office General substituted by 36 Vict.

of the Registrar

No. 432 s. 1,

Patents (Amend

ment)," post.

Third Schedule.

of parchment and every page thereof shall be of the exact size of twenty inches in length by fifteen inches in breadth, leaving a margin of at least one inch and a half on each side of every such page in order and to the intent that the same may be bound into books for safe custody; but the drawings accompanying such specification (if any) may be made upon larger sheets of parchment, leaving a margin of the size and for the purpose aforesaid; and every copy of any such specification as aforesaid and of the drawings accompanying the same (if any) shall in like manner be written upon one or more sheet or sheets of paper of the size and with the margins aforesaid.

8. In case of the deposit of any such specification as aforesaid in fraud of the true and first inventor any letters patent granted to the true and first inventor of such invention shall not be invalidated by reason of such deposit or of any use or publication of the invention subsequent to such deposit and before the expiration of the said term of protection.

9. The applicant so soon as he shall think fit after the deposit ing after deposit of such specification as aforesaid and of the drawings and models accompanying the same (if any) may give notice in writing at the chambers of the law officer of his intention to proceed with his application for letters patent for the said invention, stating in such notice the title of the said invention and the day on which the specification thereof was deposited at the [office of the Chief Secretary]; and at the time of giving such notice shall produce the said certificate of deposit; and thereupon the said law officer shall deliver to the applicant or his agent an appointment in the form contained in the Third Schedule to this Act or to the like effect. And such applicant or agent not less than twenty-one clear days prior to the day appointed by the law officer shall cause the said appointment to be published once in the Government Gazette, once in some newspaper published in the city of Melbourne, and twice in some newspaper published in the town or place at or near to which the applicant uses or exercises the said invention or (in case he does not use or exercise the same) in or near to which he resides, or if there shall be no newspaper published in such town or place then twice in some newspaper circulating in the neighborhood where he uses or exercises the said invention or (in case he does not use or exercise the same) where he resides; and any person having an interest in opposing the grant of letters patent for the said invention shall be at liberty not less than three clear days prior to the day so appointed to leave particulars in writing of his objections to the said application at the chambers of the law officer.