cation, by inventor or his proxy, to be left at the office of the Government Secretary for provisional protection during twelve months. Provisional protection and notice to proceed to be advertised in the official gazette. Warrant to be issued after one month's notice.

265. ASSIGNMENTS.-Registered as above.

266. ORIGINALS OF SPECIFICATIONS, DISCLAIMERS, DRAWINGS, &c.—To be copied in the register of patents at the end of twelve months, and kept at a proper office, with indexes, &c., for public inspection.

267. OTHER LEGAL PROVISIONS.-Letters patent not to prevent the use of invention in foreign ships resorting to ports in the colony, (provided English ships enjoy the same privilege in the respective foreign ports.)

268. LAW, DATE, AND WHERE RECORDED.-Act XV, An., 1859. Dated Osborne, 19th March, 1859. Promulgated in India on the 21st May, 1859. (See Commissioners of Patents' Journal, vide supra 71, Nos. 552 and 578.) 269. KINDS OF PATENTS.-Exclusive privileges granted to the original inventor, whether a native or alien, or his

authorized agent in India, subject, however, to any such conditions and restrictions as the Governor General may think expedient.

270. DURATION.-Fourteen years from the date of filing the specification.

271. GOVERNMENT FEES.-A stamp duty of one hundred rupees on the petition for leave to file a specification, and a reasonable fee for an inquiry and report, if any, on the petition.

272. DOCUMENTS REQUIRED AND WHERE TO BE LEFT.— A petition of the inventor, or his authorized agent in India, to the Governor General of India in Council, for leave to file a specification; a declaration of the original inventor, or, if absent, of his agent; a specification, with drawings, (five copies,) within six months of the order authorizing the filing of the specification. To be left with the Secretary to the Government of India in the Home Department.

273. EXTENSION.-By the Governor General in Council, for a further term, not exceeding fourteen years from the expiration of the fourteen years, upon petition, to be presented at any period not more than one year and not less than six calendar months before the expiration of the exclusive privilege.

274. DISCLAIMER.-Petitioner, after the filing of his specification, may apply for leave to file amended specification, having the same effect as the specification first filed.

275. SPECIFICATIONS, INSPECTION AND COPIES OF.-At the Government of India in the Home Department, of Bengal, of Fort St. George, of Bombay, of the Northwestern Provinces. Open to public inspection on pay

ment of one rupee. Copies to be had at the office of the Secretary to the Government of India on paying the expense of copying.

276. ASSIGNMENTS.-Original inventors have power to assign their patents to other parties. Patents, however, fraudulently obtained, must, on the complaint of the original or actual inventor, made within two years of the filing of specification, be assigned to the latter, the profits thereof, at the same time, having to be accounted for and paid over to the said original or actual inventor.

277. LIST OF PATENTS DELIVERED.-Open at the office of the Secretary to the Government of India on payment of one rupee. Published in the Commissioners of Patents' Journal.

278. JURISDICTION.-Her Majesty's courts of judica

ture.

279. CHIEF LEGAL PROVISIONS.-No person is entitled to an exclusive privilege if the invention is of no utility, if invention is not new, if the petitioner is not the inventor, if the specification does not describe the invention, if petition or specification contains fraudulent mis-statements (false statements in declaration being punishable as perjury.) Exclusive privilege to cease if the Government declares it mischievous, &c., to the public, or if the Government, upon breach of condition proved, declares that it shall cease. Importer of an invention, if not the actual inventor, not to be deemed the inventor. An invention not publicly used or known in the United Kingdom or in India, before the application for leave to file the specification, to be deemed a new invention, (the right of the original inventor being still reserved during the first six months.) Defect in specification or petition, or

want of novelty in invention, &c., no defense to action. for infringement. The actual use of an invention in India or the United Kingdom, before date of petition, a defense to such action. Amendment of specification may be ordered by the court. Certified copy to be prima facie evidence.

280. PROCEEDINGS TO OBTAIN A PATENT.-The inventor of any new manufacture may petition the Governor General of India in Council for leave to file a specification. The petition must be in writing, signed by the petitioner, or, in case of his absence from India, by his authorized agent, and shall state the name, addition, and place of abode of petitioner, and the nature of the invention. (§ 1.) 281. FORM OF PETITION.

To the Governor General of India in Council:

The petition of [here insert name, addition, and place of residence], for leave to file a specification under act No.

Showeth,

That your petitioner is in possession of an invention for [state title of invention], which invention he believes will be of public utility; that he is the inventor thereof, [or, as the case may be, the assignee, or the executor or administrator of the inventor;] and that the same is not publicly known or used in India or any part of the United Kingdom of Great Britain and Ireland, to the best of his knowledge and belief.

The following is a description of the invention, [here describe it.] Your petitioner therefore prays for leave to file a specification of the said invention, pursuant to the provision of Act No.

And your petitioner, &c.

The

day of

[Signed.]

On such a petition the Governor General may make an order authorizing the petitioner to file a specification. Before making such order the Governor General in Council may refer the petition to any person or persons for inquiry and report, the fee for which is to be paid, the

amount of which, in case of dispute, to be settled by one of the courts of judicature in a summary manner. (§ 3.)

On obtaining such order the petitioner may, within six months, cause a specification of his invention to be filed, and, having done so, he and his legal representatives shall have a right to the exclusive use, &c., of his invention for fourteen years, and for a further term of not exceeding fourteen years, should the Governor General in Council so direct, upon petition from inventor, presented not more than a year nor less than six calendar months before the expiration of the first period of privilege. (§ 4.)

The order may be made subject to such restrictions as the Governor General in Council may think expedient. (§ 5.)

The specification shall be in writing, it shall be signed by petitioner, and shall particularly describe the nature of the invention and in what manner the same is to be performed. (§ 6.)

The petition and specification shall be left with the Secretary to the Government of India in the Home Department, and each petition and specification shall be accompanied by a declaration in writing in the following forms:

282. FORM OF DECLARATION TO ACCOMPANY PETITION.— I, [name, addition, and place of residence,] do solemnly and sincerely declare, that I am in possession of an invention for [title]; that I believe the said invention will be of public utility; that I am the inventor thereof, [or the assignee, or executor, or administrator of the inventor,] and that the same is not publicly known or used in India or in any part of the United Kingdom of Great Britain and Ireland, to the best of my knowledge and belief; and that, to the best of my knowledge and belief, my said invention is truly described in my petition for leave to file a specification thereof.

The

day of

[Signed]