Now these presents witness that, in consideration of the said J. S. being permitted to land in the Colony, he, the said A. B., doth hereby, for himself, his heirs, executors, and administrators, covenant with Her Majesty the Queen, her heirs and successors, that he, the said A. B., will on demand forthwith repay to the Treasurer any pauper charges which within six months from the day of the date of these presents may be incurred in respect of the said J. S. In witness, &c.

Passed the Legislative Council, the 8th day of November, 1897, and published in the "Government Gazette" this 2nd day of December, 1897.

I assent.

T. B. C. MUSGRAVE, Clerk of Councils.

(L.S.) ALFRED MOLONEY, Governor.

November 19, 1897.

ORDINANCE of the Government of St. Vincent, regulating the Issue of Patents in that Colony.

[No. 5.]

[June 30, 1898.] BE it enacted by the Governor, with the advice and consent of the Legislative Council of the Colony of St. Vincent, as follows:

1.-(1.) Any person, whether a British subject or not, may make an application for a patent.

(2.) Two or more persons may make a joint application for a patent, and a patent may be granted to them jointly. There may be included amongst those making a joint application persons who are not the inventors of the invention intended to be patented.

2. The Registrar of the Supreme Court, or such other officer as the Governor may appoint (hereinafter called the Registrar), shall be the Registrar of Patents to be granted under this Ordinance, and the office of the Registrar of the Supreme Court, or such other office as the Governor may prescribe, shall be the Registry of such patents.

3. An application for a patent must be made in the form set forth in the First Schedule to this Ordinance, or in such other form as may be from time to time prescribed, and must be left with the Registrar. If the applicant or applicants do not reside in the Colony, he or they must give a postal address within the Colony to which any notice or communication may be addressed.

4.-(1.) An application must contain a declaration to the effect that the applicant is in possession of an invention whereof he, or, in the case of a joint application, one or more of the applicants, claims

or claim to be the true and first inventor or inventors, and for which he or they desires or desire to obtain a patent; and must be accompanied by either a provisional or a complete specification.

(2.) A provisional specification must describe the nature of the invention, and be accompanied by drawings, if required.

(3.) A complete specification, whether left on application or subsequently, must particularly describe and ascertain the nature of the invention, and in what manner it is to be performed, and must be accompanied by drawings if required: Provided always that if sufficient drawings have been left with the provisional specification, reference may be made thereto.

(4) A specification, whether provisional or complete, must commence with the title, and in the case of a complete specification must end with a distinct statement of the invention claimed.

(5.) All drawings, tracings, diagrams, plans, and other exhibits referred to in any application shall be made on tracing linen or some other such durable material to the satisfaction of the Registrar.

5.-(1.) The Registrar shall refer every application to the Attorney-General, who shall ascertain and report to the Registrar whether the nature of the invention has been fairly described, whether the application, specification, and drawings (if any) have been prepared in the prescribed manner, and whether the title sufficiently indicates the subject matter of the invention.

(2.) The Registrar shall also insert in the "Gazette" a notice that the application has been made, and such notice shall state the name of the applicants and the title and general nature of the invention.

6.—(1.) If the Attorney-General reports that the nature of the invention is not fairly described, or that the application, specification, or drawings has not or have not been prepared in the prescribed manner, or that the title does not sufficiently indicate the subject matter of the invention, the Registrar shall require that the application, specification, or drawings be amended to the satisfaction of the Attorney-General, before he proceeds with the application: Provided always that the application shall, if the Registrar so directs, bear date as from the time when the requirement is complied with.

(2.) The Registrar shall, when an application has been accepted, give notice thereof to the applicant.

(3.) If after application for a patent has been made, but before the patent thereon has been sealed, another application for a patent is made, accompanied by a specification bearing the same or a similar title, the Registrar, if he thinks fit, on the request of the second applicant or of his legal representative, may, within two months of the grant of a patent on the first application, either decline to

proceed with the second application or allow the surrender of the patent, if any, granted thereon.

7.-(1.) If the applicant does not leave a complete specification with his application, he may leave it at any subsequent time within nine months from the date of application.

(2.) Unless a complete specification is left within that time the application shall be deemed to be abandoned.

8.-(1.) Where a complete specification is left after a provisional specification, the Registrar shall refer both specifications to the Attorney-General, who shall ascertain and report whether the complete specification has been prepared in the prescribed manner, and whether the invention particularly described in the complete specification is substantially the same as that which is described in the provisional specification.

(2.) If the Attorney-General reports that the conditions hereinbefore contained have not been complied with, the Registrar shall refuse to accept the complete specification unless and until the same shall have been amended to the satisfaction of the AttorneyGeneral.

(3.) Unless a complete specification is accepted within twelve months from the date of application, then the application shall at the expiration of those twelve months become void.

9. The Registrar shall notify the applicant of the acceptance of the complete specification, and shall advertise such acceptance in the "Gazette ;" and the application, specification, or specifications with drawings (if any) shall be open to public inspection.

10. It shall be lawful for the Attorney-General to extend the period of twelve months referred to in section 8 and the period of fifteen months mentioned in section 14 for such further period as he may deem sufficient to make good any delay which may have been caused by the non-residence of the applicants in the Colony or by any difficulty in obtaining expert advice therein.

11. Previous to making a report, either under section 5 or under section 8, which is adverse to the applicant, the Attorney-General shall cause the latter or his representative to be notified that he intends making an adverse report, but that before making such report he will hear the applicant (or his legal representative) at the Registry of Patents on a date to be fixed by the Registrar.

At the appointed time the Attorney-General shall hear the reasons advanced by the applicant (or his legal representative) should he attend, and thereafter shall report to the Registrar.

12. For the purpose of preparing his reports under this Ordinance the Attorney-General may call to his aid such scientific or other person as he may think fit.

The Registrar shall fix the remuneration to be paid such person,

and shall apply to the applicant for payment of the amount so fixed, and pending receipt thereof the Attorney-General shall defer further consideration of his report.

13.-(1.) Any person may, at any time within two months from the date of the advertisement of the acceptance of a complete specification, give notice at the Registry of Patents of opposition to the grant of the patent on the ground of the applicant having obtained the invention from him or from a person of whom he is the legal representative, or on the ground that the invention has been patented in the Colony on an application of prior date, but on no other ground.

(2.) Where such notice is given, the Registrar shall give notice of the opposition to the applicant, and shall, on the expiration of those two months, after hearing the applicant, and the person so giving notice, if desirous of being heard, decide on the case, but subject to appeal to the Attorney-General.

(3.) The Attorney-General shail, if required, hear the applicant and any person so giving notice and being, in the opinion of the Attorney-General, entitled to be heard in opposition to the grant, and shall determine whether the grant ought or ought not to be made.

(4.) The Attorney-General may, if he thinks fit, obtain the assistance of an expert, who shall be paid such remuneration as the Attorney-General, with the consent of the Governor, shall appoint.

14.-(1.) If there is no opposition, or, in the case of opposition, if the determination is in favour of the grant of a patent, the Registrar shall cause a patent to be prepared in the form set out in the Second Schedule to this Ordinance, but with such alterations as may be necessary where there are several applicants, and shall lay the same before the Attorney-General for approval; and after such approval has been obtained, shall transmit the patent to the Colonial Secretary, who shall seal the same with the public seal of the Colony, and shall thereafter return it to the Registrar in order that a copy thereof may be recorded in the Registry of Patents.

(2.) Letters Patent so granted to any person shall secure to the patentee the sole right and privilege during the term limited therein of making, using, exercising, and vending the said invention within the Colony, so that during the term aforesaid no other person shall within the Colony directly or indirectly make use of or put in practice the said invention, or any part of the same, or in anywise imitate the same, or make or cause to be made any addition thereto or subtraction therefrom whereby to pretend themselves the inventors thereof, without the consent, licence, or agreement of the said patentee under his hand, on pain of being answerable to the

patentee for his damages thereby occasioned: Provided always that any such Letters Patent shall be deemed to have been granted on this condition that if at any time it be made to appear to the Supreme Court that the grant of such Letters Patent is contrary to law, or that the said alleged invention is not a new invention as to the public use and exercise thereof within this island, or that the said patentee is not the true and first inventor thereof within this island, it shall be lawful for the Supreme Court in the name and on behalf of Her Majesty the Queen to revoke the said Letters Patent, whereupon the same shall be void to all intents and purposes: Provided also that, if the said patentee shall not supply or cause to be supplied, for the service of Her Majesty, all such articles of the said invention as may be required by the officers administering any department of the public service, in such manner, at such times, and upon such prices and terms as may be reasonable, then and in any of the cases it shall be lawful for the Supreme Court in the name and on behalf of Her Majesty to annul and determine such Letters Patent: Provided also that it shall be lawful for the patentee, his executors, administrators, or assigns, to grant licences to other persons to make use, exercise, and vend the said invention on such terms as he or they may see fit: Provided also that the provisions of this sub-section and of all such Letters Patent shall be construed in the most beneficial sense for the advantage of the patentee.

(3.) A patent shall be sealed as aforesaid, as soon as may be, and not after the expiration of fifteen months from the date of application, except in the cases hereinafter mentioned, that is to say

(a.) Where the sealing is delayed by opposition to the grant of the patent, the patent may be sealed at such time as the AttorneyGeneral may direct;

(b.) If the person making the application dies before the expiration of the fifteen months aforesaid, the patent may be granted to his legal representative and sealed at any time within twelve months after the death of the applicant ;

(c.) Where the period is extended by the Attorney-General under section 10 the patent may be sealed within such extended period.

15. Every patent shall be dated and sealed as of the day of the application: Provided that no proceedings shall be taken in respect of an infringement committed before the publication of the complete specification: Provided also that, in case of more than one application for a patent for the same invention, the sealing of a patent on one of those applications shall not prevent the sealing of a patent on an earlier application.

16. Where an application for a patent in respect of an invention