To all to whom these presents shall come I [John Doe of Taradale in the county of Talbot engineer] send greeting. Whereas I am desirous of obtaining Royal Letters Patent for securing unto me Her Majesty's special license that I my executors administrators and assigns and such others as I or they should at any time agree with and no others should and lawfully might from time to time and at all times during the term of fourteen years (to be computed from the day on which this instrument shall be left at the [office of the Chief Secretary])* make use exercise and vend *The words “office within the colony of Victoria and its dependencies an invention for [insert the title of of the Registrarthe invention] and in order to obtain the said letters patent I must by an instrument in General" substituted by 36 Vict. writing under my hand and seal particularly describe and ascertain the nature of the No. 432. 1, said invention and in what manner the same is to be performed and must also enter "Patents (Amend into the covenant hereinafter contained Now know ye that the nature of the said ment)," post. invention and the manner in which the same is to be performed is particularly described and ascertained in and by the following statement (that is to say) [describe the invention] And I do hereby for myself my heirs executors and administrators covenant with Her Majesty Her heirs and successors that I believe the said invention to be a new invention as to the public use and exercise thereof and that I do not know or believe that any other person than myself is the true and first inventor of the said invention and that I will not deposit these present at the [office of the Chief Secre- The words “office tary]* with any such knowledge or belief as last aforesaid. In witness &c. SCHEDULE III. of the Registrar- Section 9. tuted by 36 Vict. Patent for [insert the title of the specification] This is to notify that A.B. of &c. did on the day of instant [or last] deposit at the [office of the The words" office Chief Secretary] in Melbourne a specification or instrument in writing under his of the Registrarhand and seal particularly describing and ascertaining the nature of the said invention General" substi and in what manner the same is to be performed and that by reason of such deposit No. 432 s. 1, the said invention is protected and secured to him exclusively for the term of six "Patents (Amendcalendar months thence next ensuing And I do further notify that the said A.B. has ment)," post. given notice in writing at my chambers of his intention to proceed with his application for letters patent for the said invention and that I have appointed [Thursday] the day of noon at my chambers to hear and consider the said application and all objections thereto and I do hereby require all persons having an interest in opposing the grant of such letters patent to leave on or before the next at o'clock in the day of at my chambers in Melbourne particulars in writing of their objections to the said application otherwise they will be precluded from urging the same. Given under my hand this day of 18 T. H. F. General. 28 VICTORIA, No. 240. Section 10. SCHEDULE IV. Upon hearing the objection of A.B. to the grant to C.D. of letters patent for [insert the title as in the specification]. I do by this writing under my hand order that the said A.B. shall pay to the said C.D. the sum of for the costs of such hearing [or to E.F. the sum of as a remuneration for his attendance at such hearing]. I have heard and considered the application of A.B. for letters patent for [insert the title as in the specification] and also all objections to the same and having perused the specification and the usual and necessary advertisements am of opinion that as it is entirely at the hazard of the said applicant whether the said invention is new and will have the desired success Her Majesty's Royal Letters Patent may be issued in the form contained in the sixth schedule to the "Patents Statute 1865" [with the following additional clauses (that is to say) here set them out if any]. Given under my hand and seal this day of W. F. S., General. Section 13. *The words "office of the Registrar General" substituted by 36 Vict. No. 432 s. 1, SCHEDULE VI. 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 A.B. of in the county of engineer hath represented that he is desirous of obtaining our Royal Letters Patent for securing unto him our special license that he his executors administrators and assigns and such others as he or they should agree with and no others should and lawfully might make use exercise and vend within our colony of Victoria and its dependencies an invention for [insert the title of the invention] and by an instrument in writing under his hand and seal deposited in the [office of the Chief Secretary]* the said A.B. hath particularly described and ascertained the nature of the said invention and in what manner the same is to be performed And We being willing to give encouragement to all arts and inventions which may be for the public good are graciously pleased to "Patents (Amend confer upon the said A.B. the privileges hereinafter mentioned Know YE therefore ment)," post. 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 A.B. his executors administrators and assigns our especial license full power sole privilege and authority that he the said A.B. his executors administrators and assigns and every of them by himself and themselves or his and their deputy or deputies servants or agents or such others as he or they shall at any time agree with and no others during the term herein expressed shall and lawfully may make use exercise and vend his said invention within our said colony and its dependencies in such manner as to him his executors administrators and assigns or any of them shall seem meet and that he 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 during the said term TO HAVE HOLD EXERCISE AND ENJOY the said licenses powers privileges and advantages unto and by the said A.B. his executors administrators and assigns for and during and unto the full end and term of fourteen years now next ensuing AND to the end that he 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 We do by these Presents for us our heirs 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 said colony and its dependencies that neither they nor any of them at any time during the said term 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 A.B. as aforesaid nor 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 license or agreement of the said A.B. 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 No. 240. penalties as can or may be justly inflicted on such offenders for their contempt of 28 VICTORIA, this our Royal command and further to be answerable to the said A.B. his executors administrators and assigns according to law for his and their damages thereby occasioned 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 appear 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 or that the said A.B. is not the true and first inventor thereof within this colony or its dependencies these our letters patent shall forthwith cease determine and be utterly void to all intents and purposes anything herein before 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 A.B. 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 unto whom our like letters patent or privileges have been already granted for the sole use exercise and benefit thereof within our said colony or its dependencies it being our will and pleasure that the said A.B. 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 instrument in writing does not particularly describe and ascertain the nature of the said invention and in what manner the same is to be performed and also if the said A.B. his executors administrators or assigns shall not pay at the [office of the The words “office Chief Secretary] of our said colony the sum of fifteen pounds within three years of the Registrarnext after the date of these presents and the sum of twenty pounds within seven tuted by 36 Vict. years next after such date and also if the said A.B. his executors administrators or No. 432 s. 1, assigns shall not supply or cause to be supplied for our service all such articles of the "Patents (Amendsaid invention as he or they shall be required to supply by the persons administering men post, 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 persons 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 licenses 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 A.B. his executors administrators and assigns that these our letters patent shall be in and by all things good firm valid and sufficient and effectual in the law according to the true intent and meaning thereof and shall be taken construed and adjudged in the most favorable and beneficial sense for the best advantage of the said A.B. 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 said colony and its dependencies 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 of 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 and to be sealed and bear date as of the day of General" substi p. 2051. SCHEDULE VII. Patent for [insert the title] This is to notify to all whom it may concern that C.D. of &c. has applied to me for leave to enter a disclaimer of part [or memorandum of alteration as the case may be] of the said invention the particulars whereof are stated below I do therefore appoint [Thursday] the day of o'clock in the at next noon to hear and consider the said application and all objections to the same And I do hereby require all persons having an interest in opposing the said application to leave on or before the day of at my chambers in Melbourne particulars in writing of their objections to the same otherwise they will be precluded from urging such objections. Section 20. Given under my hand this day of W.F.S. General. The following is the disclaimer [or as the case may be] which I desire to make in &c. [The applicant must here set forth what he wishes to enter and sign it.] VOL. III. 28 VICTORIA; No. 240. Section 27. The words "office of the Registrar General" substituted by 36 Vict. No. 432 s. 1, "Patents (Amendment)," post. Section 38. SCHEDULE VIII. Patent for [insert the title] Notice is hereby given that I have presented a petition to His Excellency the Governor praying for the confirmation of [or extension of the term in] the said patent and that a Royal Commission has issued authorising and requiring certain commissioners therein named to consider and report upon the subject to Her Majesty which said commissioners will meet for that purpose on day of o'clock in the the next at noon All persons objecting to the said confirmation [or extension] must enter a caveat against the same at the [office of the Chief Secretary] in Melbourne otherwise they will be precluded from objecting to it. 36 VICTORIA, Title of Act No. 422. Preamble. Title of Act. ANALYSIS OF CONTENTS. 2 ... Proprietors of certain articles exhi- 4 5 An Act to protect Exhibitors of New Inventions and [29th August 1872.] WHEREAS it is intended to hold from time to time exhibitions of works of industry and art: And whereas it is expedient that protection should be afforded to persons desirous of exhibiting thereat new inventions or improvements and designs for articles or works of manufacture or art: Be it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and Legislative Assembly of Victoria in the present Parliament assembled and by the authority of the same as follows: 1. This Act shall be called and may be cited as the "Exhibitors Protection Act 1872." No. 422. 2. The Governor in Council may from time to time authorize 36 VICTORIA, the holding of public exhibitions of works of industry and art within the meaning of this Act. Governor in bitions. exhibited pro 3. Any new invention or improvement for which letters patent authorize exhimay lawfully be granted under the "Patents Statute 1865," or any New invention or model plan or design of such invention or improvement may be improvement publicly exhibited at any exhibition as aforesaid without prejudice to tected. any claim for letters patent or the validity of such letters patent when granted for such invention or improvement. certain articles right Act had 4. The proprietors of all articles enumerated and described in Proprietors of section three and section thirty-six of the "Copyright Act 1869" No. exhibited proCCCL. which may be publicly exhibited at any exhibition as afore- tected as if Copysaid shall during the time of such exhibition be entitled to the been complied benefit conferred by the said recited Act in the same way as if such proprietors had complied with the provisions thereof, and such exhibition shall not be deemed a publication within the meaning of the said Act. with. forthcoming and all exhibitions. 5. This Act shall apply to the exhibition to be held under a Act to apply to Royal Commission dated the thirtieth day of May One thousand eight hundred and seventy-two and to all exhibitions as aforesaid. An Act to amend "The Patents Statute 1865." [17th December 1872.] 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 (that is to say) eral substituted 1. In "The Patents Statute 1865" and the schedules thereto Registrar-Genthe words "office of the Registrar-General" and "Registrar- for Chief SecreGeneral" shall be respectively substituted for the words "office of tary in "The the Chief Secretary" and "Chief Secretary" wherever they occur. 1865." Patents Statute to be removed to 2. All instruments specifications drawings models and copies specifications &c. thereof respectively deposited under the provisions of the said Statute and kept at the in the office of the Chief Secretary shall be removed to the office of office of the Rethe Registrar-General, and all instruments specifications drawings gistrar-General. |