PATENT ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

Preliminary

   2   Interpretation

 

Application for grant of Patent

   3   Patent for invention may be granted by Governor-General on petition

   4   Address in this Island of applicant

   5   Lodging of petition, etc, with Minister

   6   Fee to Attorney-General

 

Declaration

   7   Petitioner to make declaration that he is the true inventor, etc

 

Specification

   8   And deliver specification, etc

   9   Heading of specification

   10   Specification, etc, to be in duplicate

 

Publication of notice of application

   11   Notice in Gazette and newspaper

 

Reference of petition to Attorney-General

   12   Petition to be referred to Attorney-General

   13   Power of Attorney-General to require compliance with Act

   14   His certificate of allowance of petition

 

Notice of allowance and subsequent procedure

   15   Notice of allowance of petition

   16   Lodgment of Letters Patent in Record Office

 

Form, date, issue and renewal of Letters Patent

   17   Form of Letters Patent

   18   Memorandum of identity of specification

   19   Date of patent

   20   Antedated patent

   21   Limitation of time for issuing patent

   22   Patent may issue to executors

   23   Patents lost or destroyed

 

Provisional rights pending sealing of Letters Patent

   24   Provisional rights pending sealing

 

Privileges and duties of Patentee; revoking Patent

   25   Privilege granted by Letters Patent and duties of patentee and provisions as to revoking same

   26   Patents obtained by fraud not to invalidate that of true inventor

   27   Patents not granted here of no validity

 

Mutual rights in invention, and improvements therein

   28   Patents for improvements in what already patented

 

Right of Patentee elsewhere or his assignee to apply under this Act

   29   Patent may be granted here though patent for same invention elsewhere

   30   Patentees may assign their rights

   31   Patent may be granted to assignee of patentee elsewhere

 

Validity of Patent; defective or insufficient specification

   32   Patents to be valid in law only for so much as shall be proved to be of new invention

   33   Patents void by defective description, arising from error may be renewed

 

Disclaimers and alterations or additions to specifications

   34   Disclaimer or alteration of any part of patent may be recorded

   35   Costs on alteration or disclaimer

   36   Improvement upon original invention or discovery

 

Penalty for unlawful user, or making false marks, etc

   37   Treble damages to be paid to patentee for unlawful use of his invention

   38   Penalty for making false marks

 

Evidence

   39   Office copies of petition, etc. How obtainable. How far evidence

 

Forms

   40   Forms

 

Construction of Act

   41   Construction

 

Legal proceedings in connection with Letters Patent

   42   Procedure for revoking Letters Patent

   43   Power to call in the aid of an assessor

   44   Proceedings in action for infringement of patent

   45   Power to order an injunction, inspection or account

   46   Certificate that validity of the patent came in question, effect thereof

   47   Threats by patentee against third parties in respect of use, etc, of invention. Action in respect thereof. Proviso

      SCHEDULE

 

THE PATENT ACT

[Date of Commencement: 1857]

Cap 283.

Acts
42 of 1974,
8 of 1975.

1   Short title

   This Act may be cited as the Patent Act.

Preliminary

2   Interpretation

   In this Act-

   "invention", "discovery" and "improvement" respectively shall mean any manner of new manufacture or new mode of manufacture the subject of Letters Patent and grant of privilege within the meaning of the United Kingdom Act of the twenty-first year of the reign of King James the First, chapter three;

   "petition", "declaration", "reference", "certificate" and "Letters Patent" respectively shall mean instruments in the forms respectively and to the effect in the Schedule, subject to such alterations as may from time to time be made therein under the powers and provisions of this Act.

Application for grant of Patent

3   Patent for invention may be granted by Governor-General on petition

   Whenever any person whosoever shall, by himself, or if he be an absentee, by his attorney, apply to the Governor-General, by way of petition, alleging that he hath invented or discovered some new and useful art, machine, manufacture, or composition of matter, not heretofore known or used within this Island, or some improvement in any such invention or discovery, and praying to obtain an exclusive property in such new invention and discovery or improvement, and that Letters Patent be granted for the same, it shall be lawful for the Governor-General, in the name of and on behalf of Her Majesty, to direct Letters Patent, under the Broad Seal of this Island, to be issued; which Letters Patent shall recite the allegations and suggestions of the said petition so to be preferred as aforesaid, and shall therein give a short description of the said invention or discovery or improvement; and thereupon shall grant to such person so applying for the same, his executors, and administrators, or assigns, for a term not exceeding fourteen years, the full and exclusive right and liberty of making, constructing, and using, and vending to others to be used, the said new invention or discovery or improvement; and such Letters Patent shall be signed by the Governor-General, and shall be good and available to the grantee therein named by force of this Act:

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