Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694869662769.pdf (Guyana)
PATENTS.

� 7 µe 11ry CH.

62.

1195 m.; 1716) CHAPTER 62.

PATENTS.

[No.

XXXI of 1902.]

[ 6th December, 1902.

J 1.This Ordinance may be cited as the Patents Ordi-Short title.

nance.

2.-(1) In this Ordinance, unless the context otherwise �terpreta- tron.

.
requires, " the ,Court " examiner " means the Supreme Court of the colony; " means any skilled person or persons refers questions to concerning whom the registrar patents "prescribed under this Ordinance; "means prescribed hereto or by regulations hereunder; by any of the schedules "the registrar" means the registrar of deeds, or anyone for the time being acting possession" "British in that character; within his Majesty's or place means any territory dominions, not being part of the United Kingdom, or of or of the Isle of Man; and Islands, situate or forming the Channel all territories as hereinafter tish possession includes ing legislative and, where there are local legislatures a central only.
and places under one legislature, defined, for the purposes of possessions as well as legislature means the central any person or persons are deemed to be one Bri­ legislature, this Ordinance; in the British authority exercis­ "legislature" "true in­ (2)The terms "true and first inventor," include and " inventor," to the extent that the context the person who is the actual or his assigns, ventor," does not express, ventor of any invention inventor inventor, resident has been communicated representatives is dead, his legal representatives, his legal representatives in the colony, or assigns, any person to whom the invention by the R.ctual or assigns, but his legal a person do not include inventor, or, if the actual or, if the actual is or are not in­ 1196 CH.
62.

PATENTS.

importing without the authority or assigns.

presentatives an invention from any other colony or country of the actual inventor, his legal re­ Persons entitled to apply for patent.

3.-(1) Anyone, whether APPLICATION FOR p ATENT.

a British \ ma,ke an application for a patent.

(2)Two or more persons cation for a patent, jointly.
and a patent may be granted may make a joint appli­ to them subject or not, may (3)An applicant may be:­ or (a)the actual inventor; or (b)his assigns; (c)the actual inventOJ.'
iointly (d)the legal representative actual rn­ with the or in the invention; of a deceased assigns of a part interest ventor or of his assigns; or to whom the invention (e)any person has been com­ municated his legal re­ presentatives if the actual inventor, his legal representatives or assigns resident by the actual inventor, or a$signs, in the colony.
is or are not Application and specifi­ cation; first scheduie: 4.-(1) An application the form set forth in the first schedule other form from time to time prescribed, at the registrar's for a patent must be made in hereto or in any and must be left manner.
office in the prescribed whereof the applicant, a declaration (2)An application must contain by the or, in the case of a joint application, by one of applicant, the applicants, to the effect that the applicant, or one or more of the applicants, of an in­ is or ar.e in possession vention, cants, claims or chtim to be the true and first inventor inventors, and for which the applicant desires or desire to obtain a patent; must he accompanied specification and must state an address the reception of notices respect to the application for and other communications with by either a provisional or one or more of the appli­ in Georgetown or or invention.
shall if signed out of the colony, by the Evidence (3)The application, be authenticated in manner reqnired dinance, for proof of documents by the attorney in the colony' abroad, the power of attorney manner aforesaid.

Or­ abroad; executed of an applicant shall be authenti if sie:ned residing cated in or complete or applicants and the application Chapter 25.

PATENTS.

CH.

62.

1197 (4)A provisional specification and be accompanied the by drawings, must describe nature of the invention if required.
(5)A complete whether specification, must particularly left on appli­ describe and the nature of the invention and in what manner cation or subsequently, ascertain it is to be performed, ings, if required: by draw­ and must be accompanied Provided that the requirements complied of being accompanied be deemed to be insufficiently that, instead plete specification panied the provisional refers to the dra,,vings specification.

with by reason by drawings, the com- which accom­ as to drawings shall not Proviso.
only whether (6)A specification, provisional with the title and, in the case of a com­ or complete, end with a distinct of the statement must commence plete specification, invention claimed.

5.-(1) The registrar shall, to an.

exam�ner, if he thinks fit, refer any Registrar ascertain_ who shall_ has been fairly ·wbether �"lii�!t�n and to examiner.
described, · specification, manner, in the prescribed and drawings application the nature of the mvent10n the application, been prepared ciently indicates shall report thereon (2)If the registrar the subject-m�tter to the.

registrar.

is of opinion, r�ports, (if any) have and the title suffi- and of the invention, m the precedmg the.

examiner ence _t?

an �xaminer condit10rrs plied with, he may refuse to accept the application, or ameuclment.
require it and the specification he proceeds before cation shall, complia,nce to be amended, case the appli- bear date as from the time of if he so directs, with the requirement.

or drawings with it; and in the latter sub-section have not been com-or require that any of the :,71i�!t�!

or if, after refer-Registrar (3)Where the registrar an amendment cation or requires to the Attorney from his decision refuses to accept the appli­ the applicant may appeal General.
(4)The Attorney General and the registrar, the applicant determining any) the application (5)The registrar whether shall, and subject shall be accepted.

been accepted, give notice thereof shall, if required, and may make an order hear to what conditions (if when an application to the applicant.

has been made, but before has (6)If after an application the patent thereon has heen sealed, a patent is made, accompanied another application for bearing by a specification 1198 CH.

62.

PATENTS.
62.

PATENTS.

t�tle, the registrar, of the second applicant the same or a similar on the request.

sentative may, within two months of the grant of a patent on the first application either decline second application or allow the surrender any, granted thereon.

with the if or of his legal repre­ of the patent, if he thinks fit, to proceed Time for leaving domplete 51pecifica.tion.
6.-(1) If the applicant with his application, fication subsequent cation, and the registrar fee, extend that time to ten months.

does not leave a complete he may leave it at any speci­ time within nine months from the date of appli­ may, on payment of the prescribed (2)Unless a complete specification is left within nine shall be time, the application months or the extended deemed to be abandoned.
specification Compa�i�on 7.-(1) Where a complete · of proV1s1onal • • 1 · fi spec1 cation, ,with complete prov1s1ona specification.

fit, refer both specifications of ascertaining whether prepared described vention specification is substantially the same as that which is described in the provisional h · t e registrar to an examiner specification manner, and whether the in­ · f h h · l in the prescribed specification.
particularly in the complete for the purpose the complete may, 1 e t. 1n <S is left after a has been or if, after re­ that the con­ (2)If the registrar i.s of opinion, the examiner ference to an examiner ditions hereinbefor.e with, the registrar speci­ may refuse fication unless and until it has been amended to his satis­ faction; but the refusal General.
Attorney to accept the complete contained have not been complied shall be subject to appeal to the reports, to what conditions, hear (3)The Attorney General shall, if reauired, , and may make an order specification (4)Unless a complete the applicant and the registrar determining whether and subject any, the complete specification if shall be accepted.
is accepted twelve months from the date of ;a.pplication, or any ex­ tended time, not exceeding of application, which the registrar, nrescribed having been lodged against the refusal cation shall, or the extended (5)Reports at the exniration time, become void.
of examiners fifteen months from the· date on payment of the to accept) of the said twelve months, fee, allows then (save in, the case of an appeal the appli­ within published or be ooen to _public to production liable or inspeftion ,inspection, shall not in any case be and shall not be in any legal proceeding PATENTS.

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1199 other than an appeal to the Attorney Ordinance, unless order discovery duction or inspection and ought to be allowed.
the Court or officer having power to that pro­ of justice in the interests in the legal proceeding certifies is desirable General under this 8.On the acceptance � sh�ll publish registra the apphcatwn drawings and spec1fi.cation (if any) shall be open to public t�e ac�eptance of the complete specification the Publication re and �f :;�;;i!t� i� the _Gazett�, or spec1ficat10 ns with the specificati on.

inspection.

TO GRANT.


9.-(1) Anyone may, at any time within two months Opposition OPPQSITION from the date of the advertisement give notice specification, complete to the grant of the patent on the of opposition registry ground:- in writing at the deeds of a.
�fe: �t of of the acceptance (a)of an applicant (b)that the invention having obtained the invention him, or from a person of whom he is the legal or representative; has been patented of prior date; or specification on application describes in the colony from or claims in the other than that described (c)that the complete an invention provisional specification, invention made by the opponent the leaving the leaving no other ground.
between and specification but on of the provisional of the complete specification, 1 of an application and that the other in the interval forms the subject (2)Where that notice is given, the registrar to an amount for the costs the person giving it to give security and twenty dollars require not exceeding of the opposition; given within the two months aforesaid, lapse.
and if the security one hundred may so required is not the opposition shall to the applicant, (3)Where the notice given, the registrar opposition the two months aforesaid, the person so giving notice, decide General.

VoL.

n.-35 ·· · if required, are and the security, shall give notice in writing of the and shall, after hearing if desirous on the expiration the applicant ·;of being heard, of and on the case, but subj�ct to appeaJ to the Attorney 1200 CH.

62.

PATENTS.
62.

PATENTS.

(4)The Attorney shall, General and any :&erson so giving notice to be heard in opposition whether on the appeal, and in his and to the grant, the grant ought or ought not to be hear the applicant opinion shall determine made.

entitled (5)The Attorney obtain the assistance remuneration the Attorney General of an expert, General may, if he thinks fit, who shall be paid the determines.
as the case or the registrar, fit for make any order thought General (6)The Attorney may be, may, after decision, the payment of costs by the applicant to the party giving notice or vice versa, court on an application ex parte.

and that order may be made a rule of n gs, doned or become void, the specification Speci.fica.�ons, 10.

Where an application :�1 !�� published drawings ��TI�ation with shall not at any time be open to public accepted.

published by the registrar.


(if any) accompanying for a patent has been aban­ and or specifications or left in connection there­ or be inspection SEALING OF PATENT.

Sealing patent.

of 11.-(1) If there is �o opposition, or, in the case of opposition, if the determination of a patent, the patent shall be sealed of the colony.
is in favour of the grant seal with the public (2)A patent as soon as may be, and not shall be sealed after the expiration of fifteen months from the date of application, except is to say,- in the cases hereinafter mentioned, that (a)where the sealing Attorney of the patent, time directed is delayed by an appeal to the General, or by 9pposition to the grant t11e patent may be sealed by the Attorney General; at the (b)if the person making the application , the expiration the patent may be granted tative after the death of the applicant; of the fifteen months aforesaid to his legal represen­ at any time within six months and sealed dies before (t)where the registrar has extended the time for leav­ ing, or the time for accepting, specification, period period of time so extended shall be added to the o:f fifteen months above provided.
or both those times, the total the comp-lete PATENTS.

CH.

62.

1201 12.Every patent shall be in duplicate and one duplicate in the deeds registry, and every patent Date of patent' shall be retained shall be dated and sealed that- Provided as of the day of the application Proviso.
: (a)no proceedings infringement of the complete specification; and, shall be taken in respect committed of an before the publication (b)in case of more than one application for the same invention, the sealing uu one of those applications on an earlier the sealing of a patent shall not prevent application.

for a patent of a patent PROTECTION BEFORE SEALrnG OF PATENT.
13.Where an application has been accepted, for a patent in respect may, during the the invention and the date of of an the date of the application d without be used and publishe hetween the patent, invention period sealing to the patent the consequences referred to as provisional of use and publication protection.

is in this Ordinance to be granted for it; and that protection from prejudice Provisonal protection.

Effect of specification and acceptance thereof, or of romplcto specification.
the applicant 14.After the acceptance of a complete until the date of sealing until the expiration shall have the like privileges the invention of the complete entitled unless to him.

a patent in· respect of the time for sealing, and rights on the date of but an applicant specification; any proceeding for the invention and until a patent to institute had been sealed the acceptance shall not be for infringement, has been granted as if a patent for EXTENT AND TERMS OF PATENT.
15.All letters patent for inventions h 11 b nance S a e grante y the overnor Majesty, under the public seal of the colony.

d b under this Ordi-Grant of f G .

h Ill t e name O H lS by GovP-rnor.

.

lettet·s patent 16.A patent may be granted to several applicants jointly, although true and first inventors or inventor.

some or one of them only are or is the Power to grant patents jointly, though some are grantees not inventors.

17.Every patent when sealed shall have effect through-Extent of patent.
out the colony.

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n.-35A 1202 CEI.

62.

PATENTS.

']Jerm of patent.

18.-(1) The term l\mited in every patent for the dura­ tion thereof shall be fourteen patent shall, notwithstanding anything Ordinance, cease if the patentee scribed payments within the prescribed years from its date, but every or in this therein fails to make the pre­ times.
(2)Nevertheless , a patentee, or inadvertence, payment within the prescribed for an enlargement any pre­ time may apply to of the time for making who, in any case by fails to make accident, mistake, scribed the registrar that payment.
(3)Thereupon the registrar, ure has arisen from any of the above-mentioned shall, exceeding forty-eight :- conditions to the following subject causes (not fee for enlargement dollars) enlarge of the prescribed if satisfied on receipt that the fail­ the time accordingly, (a)the time for making any payment shall not in any case be enlarged (b)if any proceeding for more than six months; of an infringe­ after a failure is taken in respect ment of the patent committed to make any payment within the prescribed time, and before the enlargement which the proceeding court liefore to be taken may, if it thinks or give any damages ment.
thereof, is proposed to award of that infringe­ in respect fit, refuse the Amendment of specifica­ tion.

AMENDMENT OF SPECIFICATION.

19.-(1) An applicant or a patentee may, from time to time, by request in writing leave to amend his specification, ing part thereof, planation, stating reason for it.
form­ drawings by way of disclaimer, correction the nature of the amendment and bis including left at the deeds registry, seek , or ex­ (2)The request and the nature of the proposed for three successive shall be advertised amendment in the Gazette, and at any time within one month from its first ;:i,dvertisement any person may give notice registry of opposition (3)Where that notice give notice of the opposition request.
anq_ hear and decide the case, subject to the Attornev is given, the registrar shall to the person maldng the to the amend,ment.

at the deeds weeks to an appeal General.

(4} Th� .Attorney m,aiking the request pen,on who is,"in tbe opinion General shall, if required, hear the and the pers.on so giving notice, of the Attorney Geneml entitle<l to PATENTS, CH.

62.

1203 be heard in opposition and subject whether ment ought to be allowed.
to the request, to what conditions and shall determine (if any) the amend­ (5)Where no notice of opposition is given, or the person so giving notice determine the amendment whether does not appear, shall the registrar and subject (if any) to what conditions ought to be allowed.

(6)When leave to amend is refused by the registrar, may appeal from his decision the person making the request to the Attorney General.
shall, General (7)The Attorney person making the request make an order determining conditions if required, hear the and the registrar, and may whether and subject (if any) the amendment as amended, larger than, or substantially ought to be allowed.

that would make claim an invention from, the in­ different as it stood before by the specification (8)No amendment the specification, tially vention amendment.
shall be allowed claimed substan­ to what (9)Leave to amend shall be conclusive of the party to make the amendment allowed, case of fraud; and the amendment for all purposes, shall, be deemed to form part of the specification.

as to the right except in in all courts and (10)The foregoing provis10ns of this section do not or apply when and so long as any action for infringement proceeding of a patent is pending.
for revocation 20.In an action for infringement, and in a proceeding Power to disclaim part of invention to the terms as to costs and otherwise during action, the Court may order that the of a patent, subject for revocation, patentee imposed registry claimer, hearing shall, by the Court, be at liberty for leave and may direct of the action shall be postponed.

by way of dis­ to amend his specification the trial or that in the meantime to apply at the deeds etc.
21.Where an amendment by way of disclaimer, correc-Restriction , has been allowed tion, or explanation nance, no damages shall be given in any action the use of the invention or explanation, unless faction good faith and with reasonable of the Court that his original before the disclaimer, establishes to the satis­ claim was-framed in skill and kno""\1Vledge-.

the patentee of 0 in respect correction, under this Ordi-�fl!
:::;·:, 22.Every amendment of a specification Notification shall be•notified of amend- ment.

· h G lil t e azette.

1201 CH.

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PA1'EN1'S.

COMPULSORY LICENCES.

Power for Governor in Council to order grant of licences.
23.lf, on the petition of any person interested, it is of a patentee proved to the Governor defanlt in Council that, by reason of tho terms­ on reasonable to grant licences (a) the patent is not being worked in the colony; .or (b)the reasonable requirements of the public with cannot be snpplied; or or using to the (c)anyone is prevented to the invention respect from working an invention of which he is pos­ best advantage sessed, may order tho patentee on such terms as to the amount of royalties, in for payment, the Governor in Council licences Sf\Curity or otherwise, Council, having regard to the nature of the invention and the circumstances of the case, deems just, and that order may, on application to the Court, be enforced mandamus.
as the Governor to grant by REGISTER OF PATENTS.

Jlegistcr of 24.-(1) There shall J>atents.

called the Register a book be kept at the deeds registry the shall be entered of Patents, wherein of grantees and transmissions and of amendments, names and addresses of assignments under patents, tions of patents, and any other matters validity of proprietorship prescribed.
of patents, notification of patents, of licences and revoca­ extensions, the affecting from time to time of patents (2)The register evidence of any matters authorised to be inserted by this Ordinance therein.

of patents shall be prima facie directed or (3)Copies of deeds, licences, ments affecting the proprietorship , must be supplied many Jicence in the prescribed theretmder and any other docu­ or manner for filing i:h the registry.

patent, to the registrar in any leters FEES.

t .lfcPs; second schedule.


25.There shall be paid, in respect described in the second mentioned; and things in that schedule described shall be payable under this Ordinance, patents.

of the several schedule hereto, and no f �es other than those matters the fees in respect of any proceedings with regard to the granting of PATENTS.

CH.

62.

1205 / EXTENSION OF TERM OF p ATEN['.


may, after advertising · 26.-(1) A patentee by any rules made under this section to the Governor d d f in manner Extension his intention directed in Council, petition to do so, present the Govern or praymg t at 1s patent may e exten e or a urt er in council.

h h · term; but the petition the time limited before (2)Any person may enter a caveat, at least six months of the patent.
addressed for the expiration must be presented a petition ::�11i011 to the f h b to of clerk of tl1e Executive against (3)If the Governor Council, in Council to the Supreme Court, the Court shall proceed it, and the petitioner a caveat the extension.

to refer the to and any person who has or to be heard by himself shall be entitled is pleased petition consider entered by counsel thereon.
(4)The Court shall, in considering its decision, have and merits of the invention to the profits made by the patentee in relation as regard to the nature to the public, patentee , and to all the circumstances of the case.
(5)If the Court reports that the patentee by his patent, the Govenor has been in may extend the term of the patent for a further cases, or, in exceptional fourteen or may order the grant of a new patent for the term and containing any restrictions, condi­ seven, remunerated inadequately Council term not exceeding years; therein mentioned, and provisions tions, (6)The Govenor and practice that the Court thinks fit.
in Council may make rules of pro­ proceedings on petitions, for regulating alter, cedure and from time to time rescind, and subject thereto according to pleadings to the existing in the Court.

(7)The costs of all parties the proceedings procedure or vary those rules, shall be regulated relating and practice shall be in the discretion proceedings orders of the Court respe<1ting like manner as other orders of court.

of and incident of the Court; and the costs shnJl be enforceable to the in REVOCATION.
27 .-(1) No proceeding by scire facias to repeal a patent Revocation of patent.

h 11 b t l rnn.

s a e a (2)Revocation to the Court.

petition of a patent may be obtained on 1206 dH.

62.

PATENTS.

\3) Every ground on which a patent might, at the commencement facias mfringement, and shall also be a ground of revocation.
of this Ordinance, by scire for to an action shall be available by way of defence be repealed for revocation of a patent may be pre­ sented by- (4)A petition (a)the Attorney General, (b)any person alleging him; or any person by authorised in fraud of his rights, person under or through whom he claims; that the patent was obtained or of the rights of any (c)any person alleging that he, or any person under or whom he claims was the true inventor through in the claim of the of any invention included patentee; that he, or any person under ·� (d)any person alleging or through business, trade, manufactured, before by the patentee whom he claims an interest in any had publicly or manufacture, used, or sold, within the colony.
claimed anything the date of the patent, as his invention.

must deliver with his petitjon on which he means to rely; except by leave of the Court, be in proof of any objection of which particulars shall, (5)The plaintiff particulars of the objections and no evidence admitted are not so delivered.

(6)Particulars amended by leave of the Court.

(7)The defendant evidence in support of the patent; evidence defendant impeachin shall be entitled delivered to reply.
g the validity shall be entitled to begin, and if the plaintiff gives the of the patent, and give may be from time to time ar, may, on the application (8)Where a patent has been revoked of fraud, the registr inventor, made in accordance Ordinance, the same date as the date of revocation revoked, tion of the term for which the revoked but the patent on the ground of the true of this with the provisions grant to him a patent in lieu of, and bearing of, the patent so granted patent was granted.
so expira­ shall cease on the THE CROWN.

Patent 1o bind the Gro\\'D.

28.A patent shall have to all intents the like effect as against it has against his Majesty the King, his heirs and successors, as a subject, excepting always, that the PATENTS.

/1 CH.

62.

1207 may at any time after the application Governor , use the of the Crown on terms to be for the services invention before or after the use thereof, Governor and the patentee, on the terms settled interested.
or in default by the Court after hearing agreed between the of that agreement, all parties LEGAL PROCEEDING$.

or proceeding 29.-(1) In an action of a patent, of either revocation the request in the aid of an assessor hear the cause wholly or partially of the parties specially the Court may,'if it thinks to the proceeding, qlil.alified, call and and try or for infringement with fit, or on Hearing assessors.

with his assistance.


(2)The remuneration, if any, to .be paid to an assessor under this section paid in the same manner as the other expenses tion of this .Ordinance.

shall be determined by the Court, and be of the execu­ 30.-(1) In an action plaintiff order of the Court at any subsequent the breaches of which he complains.

for infringement with his staten;ient of claim, or, by of must deliver of a patent, the time, particulars Delivery particu.iars.
of (2)The defendant must deliver with his statement of time, or, by order of the Court at any subsequent of any objections on which he relies in support defence, particulars thereof.

(3)If the defendant p·atent, grounds of novelty, publication of the the validity the particulars delivered he disputes by him must state on what is want it, and, if one of those grounds must state the time and place of the previous or user alleged disputes by him.
(4)At the hearing of the Court, ment or objection be admitted no evidence in proof of any alleged shall, except by leave infringe­ of which particulars are not so delivered.

delivered may be from time to time (5)Particulars amended by leave of the Court.

(6)On taxation delivered of costs regard shall be had to the by the plaintiff particulars and they respectively of any particular respect certified by the Court to have been proved or to have been :reasonable of the cause.
and by the defendant; any costs in it is by them, unless shall not be allowed delivered regard to the general and proper, ,·vithout costs 1208 Ca.

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PATENTS.

Order in action for infringement.

31.In an action for infringement of a patent, the Court may, on the application for an injunction, terms and give such directiqns in respect proceedings as the Court sees fit.
inspection, of either or account, thereon and impose such and the thereof, party, make such order dertificaw di validity <\ ucstionetl and costs thereon.

32.In an action for infringement of a patent, the Court may certify that the validity and if the Court so certifies, for infringement, a final order or judgement costs, charges, unless the Court trying the action not to have them.
· the plaintiff and expenses of the patent then in any subsequent came in question ; action in that action, on obtaining in his favour, shall have his full as.between solicitor and client, certifies that he ought femody in case of �ronudless ljht·cats of l,ogal proceedings : to be the patentee of advertisements, any other person with any legal proceedings in respect of any alleged or otherwise, or use, sale, manufacture, any person or persons of the invention, 33., Where anyone claiming an invention, by circulars, threatens liability or purchase aggrieved thereby obtain an injunction threats, and may recover the alleged manufacture, the threats rela:ted legal rights against may bring an action against him and the continuance of those thereby, if to which of any any damage sustained use, sale, or purchase was not in f_aGt an infringement of the person making the threats : "):'roviso.
Provided that this section shall not apply if the person making the threats prosecutes an action with due diligence for infringement of his patent.

commences and REGISTRATION OF PATENTS GRANTED IN THE UNITED KINGDOM.

lRegistration of patents tssued in United �Ungclom.
34.-(1) Any grantee of a patent in the United "the Kingdom," called in this section his right from the grantee or other operation Kingdom hereafter by assign­ or anyone deriving of law, may apply ment, transmission, within three years from the date of issue of the patent to and where any in the colony; have that patent registered partial has been made, all assignment or transmission proper parties shall be joined in the application tration.

for regis­ Application for registra­ tion.


(2)The application copy of the specificat shall be accompanied by a cer­ ion or specifications (including tified drawings, if any) of the K.ingdom patent and a certificate PATENTS.

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6�.

1209 of the Comptroller Office giving full particulars that specification General of the United Kingdom Patent of the issue of the patent on or those specifications.
(3)Upon receipt of the application, in the last preceding with Registration sub-section, together mentioned shall register and issue a certificate the documents the registrar patents thereupon certificate give notice has been issued.

(4) The certificate privileges in the Gazette the patent in the register of registration, and shall of the fact that that ;�a::x:·wi th of requirements.

of registration shall confer on the Eff?ct of iou.


registrat and rights subject to all conditions applicant established had been issued in the Kingdom wi"th an extension to the colony.
by the law of the colony as though the patent t (5) Privileges and rights so granted shall date from Dur'.1-tion or • Ill the Kmgdorn and S al contmue • pnvilegei; on registration : h l t 1e ate O t e patent l d f h in force only so long as the patent remains in force therein: • Provided that no action for infringement use, or sale of the of any manufacture, prior to the date of the publication tained in respect invention of the notice of issue of the certificate the colony.
in the Gazette of registration in shall be enter-Proviso.

or to in the pres­ the title, ion by assignment, for the entry on the register (6)Where a person becomes entitled Registrat of title to of law, to the privileges rights of registration conferred by certificate.

or other operation transmission, and rights conferred any interest therein, cribed manner to the registrar of that assignment, transmission, affecting by a certificate he may make application therein.
(7)The Supreme Court or any J. udge thereof or giving an interest shall Right of per- ' sons affected of anyone who alleges to apply to by the 1��1�i:��0� have been prejudicially affected that the to prh7liegcs to declare of registration, have power, upon the application that his interests issue of a certificate · ·1 d · h f d b h t"fi t acquired by exc us1ve pnv1 eges an ng ts con err� y t at cer 1 ca e registration.
have not been acquired the Kingdom patent might be revoked the time being in force in the Kingdom.

on any of the grounds or other instrument under the law for upon which 1 · , (8) Whenever the specification or drawings of a King-Amcn�ent e ca in the colony has or have been U0� ­ i;t1 correction, Kingdom dom patent registered amended by way of disclaimer, accom-patent.
a request, to the law of the Kingdom, according (if and drawings panied by a copy of the specification any) as amended, General by the Comptroller of the United Kingdom Patent Office, may be made to the duly certified or explanation, 1!210 CH.

6�.

PATENTS.

registrar to substitute ings as amended, for the specification 01iginally a copy of the specification and draw­ and drawings filed.

Hules, forms and foes.


35.-(1) The registrar subject expedient, 1.hinks section, and for prescribing used in respect for regulating may make any general to the provisions procedure of the preceding under that section, rules he the fees to be paid and forms to be of proceedings thereunder.

(2)The rules so made shall be approved and, upon publication by the Gover­ in the Gazette, shall nor in Council come into force and have effect.

MISCELLANEOUS.

l,icensocl patent agents.


36.The registrar, with the sanction of the Governor, may license fit and proper persons transacting business under the provisions and, upon proof to the registrar's feasance or incapacity of any licensed non-payment scribed by the second schedule aforesaid, may revoke to be patent agents for inance, of this Ord of the mal­ satisfaction patent agent, or on , as pre­ as of any annual fee for the licence the licence.
hereto, and with sanction Patent for one invention 1only; first schedule.

and shall be granted 37.Every patent may be in the form in the first hereto, may contain more petent for any person in an action take any objection prises schedule but be com­ than one claim; but it shall not to com­ more than one invention .

or other proceeding to a patent on the ground that it for one invention only, Pat<•nt on 38.-(1) If a persbn possessed applicat�o �?

;;�:-��,s:c1 ve cation inventor.


made by and a patent for the invention ' a patent dies without for a patent for the invention, making appli­ application aranted b of an invention of he is entitled may be to his to obtain for which t ' legal representative.

(2)The application must be made within six months a declar­ and must contain of the decease ation by the legal represen true and first inventor tative of belief of the invention.
of the inventor, that he was the Patent to first not inventor invalidated by applica­ tion in fraud of him.

39.A patent granted shall to the true and first inventor not be invalidated by an application by provisional protection or publication of the invention subsequent lent application during the period or by any use to that fraudu­ of provisional protection.

in fraud of him, or thereon, obtained PATENTS.

CH.

62.

1211 40.A patentee t e CO any Or any p ace lil Or 011 any par ere0 .
particular h 1 may assign his patent for the whole of Assignment 1 · t th f for of patent place.

· 41.

If a patent is lost or destroyed, or its non-produc- · t1on 1,s accounte or to t e satis act10n o t e registrar, he may at any time cause a triplicate and delivered h · f · f h thereof thereto.

to the person entitled Loss or.

· destruct10n of patent.


to be sealed d f General, requiring the decision 42.-(1) For the purpose or opposi-Witnesses of any application ::1 of them may, and cause sum- tion or other matters or the Attorney at the request monses under the seal of the Court to be issued for the attendance oath and Ordinance.

of any party to be heard shall, oaths for that purpose under this and may examine witnesses of the registrar of witnesses, administer they or either on :;ned.
(2)Every witness so summoned shall be bound to and place mentioned to witnesses according on trials in the Court, in the s1rmmons, to the scale for in attendance until the matter has been attend at the time and shall be paid his expenses the time being allowed and shall continue disposed possession, is required custody, to produce.
of, and produce or control, any document in his power, which by the summons he 43.The Attorney may from time to time make General references rules regulating practice and procedure and in any proceeding he may order costs to be paid by either party, and that order may be made a rule of court.

Proceedin gs and cost before Attor­ before him under this Ordinance; ney General.
before him under this Ordinance, to him, and the and appeals · 44.The exhibition of an invention international at an industrial n at or or without or Exhibitio his industrial Un er t e exhibition to prejudice d h of any description of the ���i:: of is held, for the purpose aJesty exhibition, or the use of the invention whether within "fi d cert1 le as an 1nvent10n · or the publication during the period of the holding S Omlll1011S, international M · ' d · · hand of the registrar, of the invention exhibition, the exhibition or the use of the invention of the exhibition privity right of the inventor apply for and obtain provisional of the invention, in respect by any person else-where, of the inventor, or his legal personal or the validity protection without the the to in the place where the exhibition or consent and a patent of any patent shall not prejudice during the period of the holding representative not 1212 CB.
62.

PATENTS.

granted on the application, conditions are observed, (a)the exhibitor must, before give the registrar intention to do so; and nainely,- exhibiting the prescribed the invention, of his notice provided that both the follovYing (b)the application for a patent must be made before or within six months from date of the opening of the exhibition.

Pow()r to require models.


45.Where the invention by a model, the registrar to furniRh is one which admits of being may require the him with the at hi.s own expense represented patentee model.

Assignnwnt to Colonial Secretai·y of certain invc,ntions.
46.-(1) The inventor of any improvement , in the ex­ "the inventor") ments or munitions of war, his executors, (who are in this, section or assigns pression able consideration) assign to the Colonial behalf of His Majesty, of any patent obtained or to be obtained Colonial may (either comprised for or without valu­ on and and the all the benefit of the invention Secretary may be a party to the assignment.
administrators Secretary, in instru­ for it: (2)T,he ::issignment shall effectually of the invention and patent1 in the Colonial behalf of His Majesty, therein contained otherwise shall be valid and effectual want of valuable accordingly by the Colonial' Secretary consideration), and all covenants for keep�ng the invention secret and any (notwithstanding and may be enforced vest the benefit Secretary and agreements on for the time being.
(3)·where any assignment aforesaid h,e may at any time before the has been made Secretary, of the specification to the Colonial pub­ or before application for a patent fot the inventi.on, pr specifications, to the certify lication that, his opinion registrar of the public in the interest 1 Rervice, and of the manner the particulars of tle invention in which it is to be perfornp.ed ought to be kept secret.
so certifies, Secretary or !specifications, (4)If the Colonial cation and specification ings (if any), and any amendment specifications, and any co�ies of those documents instead drawings, shall, manner at the deeds registrf, he delivered in a packet sealed by authority of the Colonial with the draw­ or and the appli­ Secretary.

qf heing left in the ordinary to the registrar of the specification (5)That packet shall\ until tbe expiration of the term, or extended term, during which a patent for the PATENTS.
CH.

62.

1213 is in force, be kept sealed by the registrar, invention shall not be opened save under the authority of the Colonial or the Attorney Secretary of an order General.

and (6)The sealed packet shall be delivered at any time during the continuance rised by writing under the hand of the Colonial to receive it, and shall, if returned again kept sealed by him.
of the patent to any person autho­ Secretary be to the registrar, (7)On the expiration of the patent, person authorised Secretary Colonial the sealed packet shall term, of the term, or extended to any be delivered by writing under the hand of the it.
to receive Secretary :ts :tf ore­ for a patent has been left at the certifies but before the publication (8)Where the Colonial said, after an application deeds registry, tion or specifications, specifications, with placed in a packet sealed by authority and that packet shall be subject respecting Secretary.
a packet sealed by authority with the drawings (if any), to the foregoing of the registrar, provisions of the Colonial of the specifica­ Lhe application, specification shall be forth­ or (9)No proceeding by petition shall lie in re­ of a patent granted for an invention as afore- or otherwise has certified Secretary for revocation lation to which the Colonial said.
(10)No copy of any specification or other document shall in any manner whatever by this section required to be placed in a sealed or drawing, packet, to the inspection otherwise apply in respect directed, of the public, the provisions of any invention or open be published but, save as in this section of this Ordinance an_d patent aforesaid.
shall (11)The Colonial Secretary may, at any time, by writing under his hand, waive the benefit with respect invention, tions, documents and dealt with in the ordinary to any particular and drawings, of this section and the specifica­ shall be thenceforth kept way.
for any of any invention or munitions of war to the (12)The communication in instruments Secretary, improvement Colonial by him, with the sanction the invention anything deemed use or publication judice the grant or validity or to any person or persons authorised of the Governor, to investigate or the merits thereof, shall not, nor shall done for the purpose of the investigation, be of the invention of any patent for it.

so as to pre­ 1214 CB:.

62.

PATENTS.


Holder or assignee of patents obtained in o,ther coun­ tries may obtain letters of rC'gist.ra­ t'ion.

dollars, 47.The Gove�nor in his difcretion: on the application deems sufficient may grant letters y!
or invention, for any riew discover under the public seal of the colony to the and the and upon any that the person is tbe and that it and upon payment to the Colonial Trea­ of any person bemg the holder or assignee of any patenL granted or issued in the United Kingdom or any other country proof the Governor holder or assignee in good faith of that patent, is in full force.
mrer of the sum of seventy-two of registration holder of the patent aforesaid letters registry under this Ordinance, and shall have the same force and effect as letters so issued; ing the continuance of the orjginal in which it was issued or granted, and no longer, the provisions of registration fully as to letters patent issued letters of registration shall be deposited , and shall be deemed to be letters patent or an instrument under thi!

;: Ordinance.
;: Ordinance.

shall apply to those letters mutandis in the nature of in the deeds patent issued in the same way mutatis patent in the country for that invention or his assignee, of this Ordinance and shall enure for the benefit of the holder dur­ patent and all and as or improvement, International 11irrangements for protection of invention.

7 Eclw.

7, c.29.
of section is pleased, of the Patents ninety-one then any person who for any invention by order in Council, 48.-(1) If His Majesty to apply the provisions and Designs Act, 1907, to the colony, for protection has applied Kingdom, or in any foreign which His Majesty section, for mutual protection to a patent for his invention under this Ordinance, in priority effect from the same date as the date of the application in the United Kingdom or the fo�eign state, {2) That application under that shall be entitled has made: an arrangement state with the government sb'all be made within twelve i and that patent shall take to other applicants of inventions, as the case may be.
in the United of I Duration of protection.

months from the time when the person applies in the United Kingdom or the foreign :urangement is in force.

(3)Nothing in this section contained patentee prior to the date of the actual acceptance specification in the colony.
the happening d::imagrs for infringement of his complete shall entitle to recover state with which the for protection ( 4)The publication in the colony during the respec­ tive periods aforesaid of any description or the use therein, shall not invalidate the patent granted during those periods, of the invention, of tbe invention, for the invention.

Nothing to be deemed an infringement before acceptance of complete specification.

"Cse within certain periods not to in validate grant of patenl.

PATENTS.

CH.
PATENTS.

CH.

62.

1215 (5)The application for the grant of a patent under Mann�r of shall be made in the same manner as an ordin-:�Fof for this section ary application under this Ordinance.

(6)An application under this section specification the period of twelve months, patent.

shall be accom­ which, if it is not with shall, (if any), be open to public inspection at the of that period.
panied by a complete accepted within dr;3,wings expiration in the case of A (7)The provisions app y on y m t e case o t ose ore1gn shall, of this section p1i��atio� 1 1 · h f h f · o tuu, section f to foreign f · S ore1gn tates, with respect States time, by order in Council, section aforesaid Imperial of each State as that order continues to tbat State.
Act to be applicable, to which His Majesty, declares from time to state s. the provisions of the of the said first recited and so long only in the case in force with respect ninety-one to the Governor 49.-(1) Whenever n for the proteetion in Coun-Provision it appears of any British possession has niade in arrangemen in that possession in Coun- of the of inventions or the Governor apply all or any of the provisions to the :grotection relating cil that the legislature provisio satisfactory patented of inventions cil may, by order, preceding patented additions tions patented section in the United Kingdom, to the Governor in Council in that British with any variations possession.
in the colony, fit1 to inven- seeming for l s. r 0010ni ; 1:6 (2)An order in Council under this section date to be mentioned effect as if its provisions nance; but the Governor had been contained may revoke in Council for the purpose from a Date when shall, in the order, take �����- to ta k in this Ordi- e the order.
in Council 50.The Governor alter, may make and from time Gover'?-or in for carrying �:�:ake and for regula-regulations: to time rescind, into effect the provisions ting the amount, hereto schedules upon publication collection, mentioned in the Gazette, that no regulations or vary, regulations of this Ordinance and disposal shall, and all those regulations be in force and effect : tb;e amount, regulating of the fees shall be deemed binding Provided collection, until they have been approved to disallowance subject regulations contained to which they are respectively by His Majesty, are made, the fees in the second Council, by the Legislative and until those hereto schedule Second of the matters schedule, in respect applicable.
shall be the fees payable and disposal Proviso.

of the fees in the VoL.

rr.-36 1216 Clfl.

62.

PATENTS.

raving for ;prerogative.

51.Nothing in this Ordinande shall take away, abridge, or prejudicially affect the prerogative of the Crown in rela­ �ion to the granting of any letter43 mg of a grant thereof.

patent or to the withhold ­ SCHEDULES.

FIRST SCHEDULE.

(Section 4.)

FORMS OF APPLICATION, ETC.

FORM A.


Form of Application for Patent.· I, (a) l(a) Here insert 'name, address, solemnly and sincerely ,and calling of ,inventor.

(b) ( b) Here insert the same is not in use by any other person or persons 'title of best of my knowledge tinvention.

granted to me for the said invention.


that I am the true declare and first inventor that I am in possession do of an invention for ; and that thereof in thi':l colony and belief ; and humbly pray that a patent to the may be in of And I make the above solemn declaration conscientiously believing the same to be true, etc.

Declared at, , 19 (c) Si(Jnature 1of inventor.

of ( d)Signature and title of the officer befo,·e whom the declaration is made.

(c) ,m (d) this day Registrar.


[NOTE.-This declaration the city of Georgetown for the 1·eception respect or invention.]

to the application must be accompanied of all notices by the statement of an address in and other communications with .

I FORM B.

Form of Provisional Specificatio n. L(ij hereby declare the nature to be as follows (c) :- of my invention for (a) ,� ,m , do Dated this 1!

(d) day of , 19 (a)Here insert title as in declaration.
(b)Here insert name, add,ress, and calling of inventor as in declaration.

(c)Here in.sert short descri1J­ tion of invention.

( d)Signature of inventor .

PATENTS.

CH.

62.

1217 FORM C. Parm of Complete Specification.

I, (b) of for to be particularly (c):- (a) of do hereby declare , in described and in what manner and ascertained in and by the following statement a� in the natrue of my invention the same is to be performed, * * * * * , (a)Here insert title decl,aration.
(b) Here insert nam,c, and calling inventor as in declaration.

(c)Here insert add1·ess, of Having now particularly described and ascertained the natrue of my full descrip- and in what manner the same is to be performed, I declare said invention that what I claim is (d) l. • 2 3., etc.

, l / ·1 (e) Dated this day of , 19 the �ion of invention .

( d) Here state distinctly features of novelty claimed.

(e)Signature of inventor.

FORM D. Form of Patent.


By His Excellency (here insert the name and dignities (1:n full) of the Governor), Governor and Com- [L.S.]

mander in Chief in and over the Colony of British Guiana.

To all to whom these Presents come, Greeting.
shall WHERE.AS of , in , hath by his solemn declaration of an invention thereof, to the best of his knowledge and belief for : represented unto me that he is in possession that he is the true and first inventor and that the same is not in use in this colony by any other person AND WHEREAS the said inventor to grant unto him (hereinafter hath humbly prayed that I would with his heirs, together executors, and assigns, or any of them, referred to as the said patentee) patent in the name of His Majesty for the sole use and advantage be pleased administrators, letters of his said invention within this colony : .AND WHEREAS the said inventor the natrue of his invention hath by and in his complete : speci­ fication particularly described do by these presents, licence, by himself, KNOW YE, THEREFORE, THAT I, in the name and on behalf of give and grant unto the said patentee and authority, that he the said may at all times and no others, make, use, exerci'le, full power, sole privilege, his agent, or licensees, druing the term of years herein mentioned, His Majesty, especial patentee hereafter, and vend the said invention or them may seem meet, and that the said patentee whole profit and advantage within this colony in such manner as to him shall have and enjoy the from time to time accruing by reason of the said my V oL.
rr.-=--36A 1218 CH.

62.

PATENTS.

written patent are on subjects licence, thereof, in writing according therefrom, the inventors for their contempt whereby to pretend the said invention, to law, or prejudicial or that the said invention or agreement, under his hand and seal, on pain of incurring command.
all and every person and persons, degree, and all others of what, estate, to his Majesty's or subtraction to law for his damages without the consent, e to the said patentee during the term of fourteen years from the date hereunder make use of or put in practice soever they be within this colony, the full benefit of the said invention, may have and enjoy I do by these as to the public use and exercise thereof determine quality, that they do not, at years, either or the same, make or cause to invention, of these presents : and to the end that the said patentee the sole use and exercise presents require and strictly bodies politic and corporate, name, or condition any time during the continuance of the said term of fourteen directly or indirectly, any part of the same, nor in any wise imitate be made any addition thereto themselves of the said patentee such penalties as may be justly inflicted on such offenders and of being answerabl thereby occasioned : PROVIDED always and these letters this condition, that, if at any time during the said term it be made to appear to the Supreme Court that this grant is contrary inconvenient in general, is not a new invention said patentee IS not the first and true inventor as aforesaid, these letters all intents and purposes, PROVIDED ALSO that if the said patentee required of any matter relating time being by law provided or cause to be supplied, articles any department of his Majesty's such times, and at and upon such reasonable settled for that purpose by the Governor of the said cases, these letters whatever anything contained of licences such considerations as they may by law be granted by these presents said patentee that these letters sense for the advantage caused these our letters to be made patent this day of one thousand dated as of the said hundred and hereby granted shall determine hereinhefo shall prevent the granting thereof, within this colony and be voirl to : hereinbefore and to be sealed and one thousand reign.
patent shall forthwith notwithstanding in such manner and for : AND LASTLY I do to be paid in respect of the grant of these letters patent, as may be required service in the name and on behalf of his Majesty grant unto the at the time or times, and in manner for the ; AND ALSO if the said patentee patent shall be construed IN WITNESS whereof I have shall not pay all fees by law, year of his Majesty's of the said patentee.
of the said invention in this colony all such for his Majesty's re contained: PROVIDED ALSO, that nothing herein by the officers administering in such manner, at prices and terms as shall be then and in any and advantages and all privileges and become void notwithstanding in the most beneficial of this colony, in this colony, shall not supply nine hundred and contained or in respect anything patent, thereto service or that the day of nine in the or SECOND SCHEDULE.

(Sections 25, 50.)

FEES.

$ C.

.


!for every application for a patent accompanied specification only by a provisional 5 00 Examiner's fee on reference of application with provisional specifi- cation, not exceeding 15 00 PATENTS.

I CH.

62.
1219 For every application for a patent accompanied by a complete after provisional specification specification, not exceeding specification ... specification of complete of seven years specification ... from its date specification ... complete of complete specification fee on reference the time for leaving the time for acceptance On filing complete Examiner's On extending On extending On every patent before the expiration On filing every amended or substituted On notice of opposition On every summons to witness ... On hearing On extension On filing every disclaimer For every office copy (including to grant of patent or memorandum of every opposed application of patent ... each of thirty letters a patent ... On filing every certificate avoiding of any assignment, deed, licence, On deposit of patent affecting proprietorship loss, etc.
patent after triplicate ... On delivering On every search, Annual fees for licence Certified For every matter or thing not above specified inspection to patent agent seal, at per page ... copies or extracts including of alteration the seal) per page of eighteen lines or other document $ c. 00