notice to proceed is advertised in the Government Gazette. After the expiry of the period allowed for oppositions, the Attorney-General grants his warrant, upon which letters patent are sealed. The letters patent are void unless certain duties are paid at the expiration of three and of seven years. The letters patent also expire with the determination of any British or foreign patent of an earlier date. Patentees are at liberty, with leave of the Attorney-General, to enter disclaimers or memoranda of alteration. The Lieutenant-Governor is empowered to grant prolongations of the original term not exceeding fourteen years. The law provides that a "Register of Patents" and a "Register of Proprietors" shall be kept. All actions for infringements are to be brought in the Supreme Court. The fees for sealing the letters patent are £1 10s. Seventh year's duty £5 NEWFOUNDLAND. The law of patents for this colony is now based upon an Act passed 12th May, 1856. Inventors desirous of obtaining patents in Newfoundland, must present a petition to the Governor for the grant, and must deliver into the office of the Colonial Secretary a specification of the invention, and, in case of a machine, a model also. The patent is granted upon this petition, after a reference to the Attorney-General. The patent is granted for fourteen years, but may be extended for a further term of seven years. STRAITS SETTLEMENTS. The ordinance for granting exclusive privileges to inventors is No. 12 of 1871, dated 15th November, 1871. Exclusive privileges may be obtained by actual inventors or first importers of inventions not publicly used or known in the colony. An invention shall be deemed new if it shall not, prior to the time of applying for leave to file a specification, have been publicly used by other than the inventor in the United Kingdom or the colony. Exclusive privileges are obtained by inventors petitioning the Governor in Council for leave to file a specification, whereupon the Governor may make an order authorizing the petitioner to file a specification. If the specification be filed within six months after the date of the Governor's order, the Governor may grant the petitioner an exclusive right to use the invention in the Colony for the term of fourteen years, and for such further term, not exceeding the term of fourteen years, as the Governor may direct upon petition presented to him at any period not more than one year and not less than six months before the expiration of the original term of the exclusive privilege. Errors, defects, or insufficiency in specifications may be corrected by disclaimers or by filing amended specifications. Inventors having obtained British or British-colonial patents, may obtain exclusive privileges during the remainder of the term for which such British or Britishcolonial patents may have been granted. Actions for infringement of the exclusive privileges may be maintained in the Supreme Court of the colony; and the rules regulating such proceedings appear to be greatly in favour of the holders of exclusive privileges. Appeals from the Supreme Court may be made to Her Majesty in Privy Council. The stamp on a petition for the grant of an exclusive privilege is $50. TRINIDAD. The ordinance for granting exclusive privileges to inventors is No. 25, dated the 2nd September, 1867. On application to the Registrar-General of the island, and on delivery to him of a declaration, accompanied by a specification, he will issue a certificate, which must be advertised in the official Gazette. The specification may be delivered open or in a sealed envelope. In the latter case the Registrar-General will, at the end of six calendar months from the date of the certificate, or at an earlier day at the request of the patentee, break the seal of the envelope and register the specification. The certificate vests in the applicant the exclusive right to the invention within the island for fourteen years; but if at any time during that term it shall be made to appear that the invention is not new as to the public use and exercise thereof in the island, or that the invention is prejudicial or inconvenient to the public, then the applicant's exclusive privileges will become void. The fees payable to the Registrar-General on leaving the declaration and specification, and for publication of same in Gazette amount to £10 10s. INDEX. ACCOUNT OF PROFITS in action for infringement, 232 right to, is ancillary to right to injunction, 233 ACCOUNTS what, necessary in application for extension, 197. See EXTENSION ADVERTISEMENTS may be required on applying for disclaimer, 285 AMERICA, UNITED STATES OF, APPLICATIONS, patents for, what, 66 not favoured by the law, 66 cases as to, 20-23, 67-73 APPLICATION for a patent may be opposed, chap. viii., 157 ARGENTINE REPUBLIC, patent law of, 356 ASSIGNMENT of letters patent, 213 covenants proper in, 213 patentee having executed, not allowed as against assignee to deny assignee of part may bring separate action for infringement, 219 must be registered, 219 by executors good, though probate registered after assignment, 220 assignee may disclaim. AUSTRALIA See DISCLAIMER |