LETTERS PATENT (a). Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith; To all to whom these presents shall come, greeting: Whereas hath by his petition humbly represented unto us that he is in possession of an invention for which the petitioner believes will be of great public utility; that he is the first and true inventor thereof; and that the same is not in use by any other person or persons, to the best of his knowledge and belief; the petitioner therefore most humbly prayed that we would be graciously pleased to grant unto him, his executors, administrators, and assigns, our royal letters patent for the sole use, benefit, and advantage of his said invention within our United Kingdom of Great Britain and Ireland, the Channel Islands, and Isle of Man, for the term of fourteen years, pursuant to the statute in that case made and provided: and we, being willing to give encouragement to all arts and inventions which may be for the public good, are graciously pleased to condescend to the petitioner's request: know ye, therefore, that we, of our especial grace, certain knowledge, and mere motion, have given and granted, and by these presents, for us, our heirs and successors, do give and grant unto the said his executors, administrators, and assigns, our especial licence, full power, sole, privilege, and authority that he the said his executors, administrators, and assigns, and every of them, by himself and themselves, or by his and their deputy or deputies, servants or agents, or such others as he the said his executors, administrators, or assigns, shall at any time agree with, and no others, from time to time and at all times hereafter during the term of years herein expressed, shall and lawfully may make, use, exercise, and vend his said invention within our United Kingdom of Great Britain and Ireland, the Channel Islands, and Isle of Man, in such manner as to him the said his executors, administrators, and assigns, or any of them, shall in his or their discretion seem meet; and that he the said his executors, administrators, and assigns, shall and lawfully may have and enjoy the whole profit, benefit, commodity, and advantage from time to time coming, growing, accruing, and arising by reason of the said invention, for and during the term of years herein mentioned; to have, hold, exercise, and enjoy the said licences, powers, privileges, and advantages herein-before granted or mentioned to be granted unto the said his executors, administrators, and assigns, for and during and unto the full end and term of fourteen years from the day of the date of these presents next and immediately ensuing, according to the statute in such case made and provided; and to the end that he the said his executors, administrators, and assigns, and every of them, may have and enjoy the full benefit and the sole use and exercise of the said invention, according to our gracious intention herein-before declared, we do by these presents, for us, our heirs , (a) The above form, being the one in actual use, has been substituted for the Form given in the Schedule to the Act. See sect. 54. and successors, require and strictly command all and every person and persons, bodies politic and corporate, and all other our subjects whatsoever, of what estate, quality, degree, name, or condition soever they be, within our United Kingdom of Great Britain and Ireland, the Channel Islands, and Isle of Man, that neither they nor any of them, at any time during the continuance of the said term of fourteen years hereby granted, either directly or indirectly do make, use, or put in practice the said invention, or any part of the same, so attained unto by the said as aforesaid, or in anywise counterfeit, imitate, or resemble the same, nor shall make or cause to be made any addition thereunto or subtraction from the same, whereby to pretend himself or themselves the inventor or inventors, devisor or devisors thereof, without the consent, licence, or agreement of the said his executors, administrators, or assigns, in writing under his or their hands and seals first had and obtained in that behalf, upon such pains and penalties as can or may be justly inflicted on such offenders for their contempt of this our royal command, and further to be answerable to the said , his executors, administrators, and assigns, according to law, for his and their damages thereby occasioned and moreover we do by these presents, for us, our heirs and successors, will and command all and singular the justices of the peace, mayors, sheriffs, bailiffs, constables, headboroughs, and all other officers and ministers whatsoever of us, our heirs and successors, for the time being, that they or any of them do not nor shall at any time during the said term hereby granted, in anywise molest, trouble, or hinder the said his executors, administrators, or assigns, or any of them, or his or their deputies, servants, or agents, in or about the due and lawful use or exercise of the aforesaid invention, or anything relating thereto : Provided always, and these our letters patent are and shall be upon this condition, that if at any time during the said term hereby granted it shall be made appear to us, our heirs or successors, or any six or more of our or their privy council, that this our grant is contrary to law, or prejudicial or inconvenient to our subjects in general, or that the said invention is not a new invention as to the public use and exercise thereof within our United Kingdom of Great Britain and Ireland, the Channel Islands, and Isle of Man, or that the said is not the first and true inventor thereof within this realm as aforesaid, these our letters patent shall forthwith cease, determine, and be utterly void to all intents and purposes, anything hereinbefore contained to the contrary thereof in anywise notwithstanding; provided also, that these our letters patent, or anything herein contained, shall not extend or be construed to extend to give privilege unto the said his executors, administrators, or assigns, or any of them, to use or imitate any invention or work whatsoever which hath heretofore been found out or invented by any other of our subjects whatsoever, and publicly used or exercised within our United Kingdom of Great Britain and Ireland, the Channel Islands, or Isle of Man, unto whom our like letters patent or privileges have been already granted for the sole use, exercise, and benefit thereof it being our will and pleasure that the said his executors, administrators, and assigns, and all and every other person and persons to whom like letters patent or privileges have been already granted as aforesaid, shall distinctly use and practise their several inventions by them invented and found out, according to the true intent and meaning of the same respective letters patent and of these presents: provided likewise nevertheless, and these our letters patent are upon this express condition, that if the said his executors or administrators, shall not particularly describe and ascertain the nature of the said invention, and in what manner the same is to be performed, by an instrument in writing under his or their or one of their hands and seals, and cause the same to be filed in the Great Seal Patent Office within six calendar months next and immediately after the date of these our letters patent; and also if the said his executors, administrators, or assigns, shall not pay the stamp duty of fifty pounds, and produce these our letters patent stamped with a proper stamp to that amount at the office of our commissioners of patents for inventions before the expiration of three years from the date of these our letters patent, pursuant to the provisions of the Act of the sixteenth year of our reign, chapter 5; and also if the said , his executors, administrators, or assigns, shall not pay the stamp duty of one hundred pounds, and produce these our letters patent stamped with a proper stamp to that amount at the said office of our said commissioners before the expiration of seven years from the date of these our letters patent, pursuant also to the said Act; and also if the said his executors, administrators, or assigns, shall not supply or cause to be supplied for our service all such articles of the said invention as he or they shall be required to supply by the officers or commissioners administering the department of our service for the use of which the same shall be required in such manner, at such times, and at and upon such reasonable prices and terms as shall be settled for that purpose by the said officers or commissioners requiring the same; that then and in any of the said cases these our letters patent, and all liberties and advantages whatsoever hereby granted, shall utterly cease, determine, and become void, anything hereinbefore contained to the contrary thereof in anywise notwithstanding: provided, that nothing herein contained shall prevent the granting of licences in such manner and for such considerations as they may by law be granted and lastly, we do by these presents, for us, our heirs and successors, grant unto the said his executors, administrators, and assigns, that these our letters patent, on the filing thereof, shall be in and by all things good, firm, valid, sufficient, and effectual in the law according to the true intent and meaning thereof, and shall be taken, construed, and adjudged in the most favourable and beneficial sense for the best advantage of the said his executors, administrators, and assigns, as well in all our courts of record as elsewhere, and by all and singular the officers and ministers whatsoever of us, our heirs and successors, in our United Kingdom of Great Britain and Ireland, the Channel Islands, and Isle of Man, and amongst all and every the subjects of us, our heirs and successors, whatsoever and wheresoever, notwithstanding the not full and certain describing the nature or quality of the said invention, or of the materials thereunto conducing and belonging. In witness whereof we have caused these our letters to be made patent, this thousand eight hundred and fifty year of our reign, and to be sealed as of the said in the one By warrant. SPECIFICATION. EDMUNDS. To all to whom these presents shall come; I of send greeting: A.D. Whereas Her Most Excellent Majesty Queen Victoria, by her letters patent bearing date the day in the year of her reign, did for herself, her heirs and her special , my executors, administrators, , my execu and assigns, or such others as I the said within calendar months next and immediately after the date of the said letters patent now know ye, that I the said do hereby declare the nature of my said invention, and in what manner the same is to be performed, to be particularly described and ascertained in and by the following statement; (that is to say,) [describe the invention.] In witness whereof I the said A. B. have heretofore set my hand and seal, this India. A patent law was passed in 1859. An invention must be useful to be patented. The patent will extend for fourteen years, and for a further fourteen years if granted. An importer into India of a new invention is not to be deemed an inventor. A foreigner, whether resident abroad or not, may petition for What is a new leave to file a specification. An invention is deemed a new invention if it has not been publicly used in India, or in any part invention. of the United Kingdom, or has not been made publicly known in any part of India or of the United Kingdom by means of a publication either printed or written, or partly written and partly printed. Every petition for leave to file a specification, or for the extension of the term of an exclusive privilege, must be written on stamped paper of the value of 100 rupees. British Guiana.-A new law was enacted in 1861 (a). Fees, 100 dollars before the expiration of the seventh year; 50 dollars on petition for confirmation; and 100 dollars on the sealing of grant confirming or prolonging the patent. patents. Canada. The law provides for the grant of patents for any Subject of new and useful arts, machinery, manufacture, or composition of matter. And also to any one who, by his industry, genius, efforts, and expense, has invented or produced any new or original design for a manufacture, whether of any metal or mixed metals, or other material or materials, or any new and original design for the printing of woollens, silk, cotton, or other fabrics, or any new or original design for a bust, statue, or bas relief, or composition in alto or basso relievo, or any new or original impression or ornament, or to be placed on any article of manufacture, the same being formed in marble or other material; or any new and useful pattern, or print or picture to be either worked into, or worked on, or printed, or painted, or cast, or otherwise fixed on any article of manufacture. The fee for the patent is twenty dollars in full. The patentee must be a subject of Her Majesty, and resident in Canada. The privileges, clauses, provisions, powers, and legal remedies Patents of which are secured to, imposed upon, and apply to the inventor importation. and discoverer of any new and useful art, machine, manufacture, or composition of matter, for which he may make application for a patent, extend to and include any subject of Her Majesty, being an inhabitant of this province, who, in his or her travels in any foreign country has discovered or obtained a knowledge of, and is desirous of introducing in this province, any new and useful art, machine, manufacture, or composition of matter, not known or not in use in this province, before his application for a patent for the same. Except, nevertheless, that nothing in this section shall extend to inventions or discoveries of any new and useful art, machine, manufacture, or composition of matter, (a) 13 of 1861. |