Section 11. Upon such petition, the Goversor General of India in Council may - - make an order authorizing the petitioner to file a specifi

11. Upon such petition, the Goversor General of India in Council may - - make an order authorizing the petitioner to file a specifi- Order to $le speoifioation. ca.tion of the invention. IH. Before making ~ u c h order, the Governor Gener8.1 of India in Councii may refer the petition to any person, or persons enquiry and report. Pover tp refer petitjon for for enquiry and report, and S U C ~ person or persons shall be entitled to a reasonable fee for such enquiry and report ts be paid by the petitioner ; the amouqt of such fee, in case of dispute, to be settled by a Judge of one of Her Majesty's Courts of Judivature in a summary manner. EV. EV. I%, E B `I` k ACT No. V I `OB,` 1856. IV. If, within the apace of six calendar months horn the date of such orde r the petitioner cause a apecificaton of his invention Petitioner entitled to ex- priviege priviege for 4 to be filedin msnncr hereinafter-mentioned, the petitioner , cation. fromthe fromthe 'peci'his executors, administratoc~, or a.ssigos, shall be entitled to the sole and exclusive privilege of maki~g, selling, and uehg the said lovention in India, and of authorizing others so to do for the term of fourteen years from the time of filing such ~pecifica~tion and for such furExtension of term of exclu. ther term, if any, not exceeding fourteen years from the exsive privilege. piration of the first fourteen years, as the Governor General of Iadisl in Council may think fit to direct, upon petition to be presented by such inventor, a t any period not more than one year, and qot less than six calendar months, before the expiration of the exclusive privilege hereby granted. V. An order authorizing the filling of a specificatiois, or for extending the term of such exclusive privilege as aforesaid, may Order to file specification may be made subject to oondi- be made subject to any such conditions and restrictions a a tion. . . the Governor Genera 1 of India in Council may think expedient. Petitioner entitled to ex- priviege priviege for 4 cation. fromthe fromthe 'peci'- VI. Every specification of an invention filed under this Act, shall be I"n writing, and shall be signed by the petitioner, and shall Specification to be in writing particula.rly describe and ascerta.in the nature of the said invention andin what ma nner the same is to be performed. Specification to be in writing and to describe the invention. for leave to file a specification and every specification filed under this Act shall be left with tbe Secretary to the Government of India in the Home Department, and every petition and specification shall be accompanied by a declaration in writing signed by the petitioner in the form or to the effect ~entioned in the Schedule hereunto annexed, marked A and B respectively ; and if the inventor be absent from India, the petition a ~ d sp~clficatlon shall also decIaration signed by the agent who shall present or file the t h a t the declaration purporting to the declaration purporting to be by birn, and that the contents thereof VII. Every petition and specification to be left with SeoreQry to GOVsrnment. Petition, kc., to be aocompanied by declaration. ba accompanied by a decIaration signed by the agent who shall present or file the same, to bhe affect tha,t he verily bzlieve~ t h a t the declaration purporting to the declaration purporting to be the declaration of the inventol, was signed by birn, and that the contents 1 5 5 `6` L `4` F f `5` . $. `d.` e 8. &. Ei g,. , ACT No. V I `OF` 1856. XVII. A foreigner, whether residest abroad or not, may petition for leave Foreign inventor. tosfi.le,& specification under this Act. XVIII. `An` isvention shall be deemed a new inve~tion within the mean- ing of this Act, iE it shall not, before the time of applying An invention not publicly[for leave ][60 ][file the specification, have been ~ublicly used in ] used or known in `India` before the applioation for leave to India. or been made pt~blicly known there by means of s a now invention within this Aot, to `be` doemod printed publication. The public use or knowledge of an invention prior to the application for Ieave to file, a specifica - Knowledge of invention tion, shall not be deemed z public use or knowledge, within fraudulently aoquked the meaning of this Section if the knowledge shall have been obtained surreptitiously or in fraud of the actual inventor or shall have been communicated to the public in fraud of the actual inventor or in breach of confidence. Provided the inventor shall, within six calesdar mosths after the commencement of such pub- Proviso. * lic use, appIy for leave to file his specification and shall not previously have acquiesced in such public use. Provided also, that the use of an Publio me by aotuel inven- invention in public by the actual inventor thereof, or by his tor. servants or agents, or by any other person by his license in writing, shall not be deemed a public use thereof within the meaning of this Act. Knowledge of invention fraudulently aoquked the actual inventor or in breach of confidence. Provided the inventor shall, within XIX. If an actual inventor who, prior to the time of applying for leave to file a specification of an invention under this Act, A O ~ U ~ I inventor havhg ob. inventor havhg ob. shall have obtained Her Majesty's Letters Patent for the tained English Letters Patent to petition within to petition within 12 month8 exclusive use 01 such invention, in any part of the United from tho passing of thiri Aot, or within 6 month from tho Ringdom, shall, within twelve calenda~ months from the `date` of tho LGtters Patent. passing of this Act, or within six calendar months from the date of such letters Patent, petition the Governor General of Isdia in Council for Ieave to file a specifica.tion of such invention, the invention she.llbe deemed a new investior, within the meaning of this Invention if publicly Act, if it was not publicly known or used in India it was not publicly known or used in India was not publicly known or used in India a t thedate thedate kllown or used in India at tllo - timeof Patent, to applyingforsubhLetters Patent, to applyingforsubhLetters applyingforsubhLetters bc doomed new. of the petition for such Lcttcrs Pa tent, notwithstanding it Pa tent, notwithstanding it tent, notwithstanding it rray Ila,ve 1.een. publicly known or used in India before the A O ~ U ~ I inventor havhg ob. inventor havhg ob. shall have obtained Her Majesty's Letters Patent for the tained English Letters Patent to petition within to petition within 12 month8 exclusive use 01 such invention, in any part of the United from tho passing of thiri Aot, or within 6 month from tho Ringdom, shall, within twelve calenda~ months from the `date` of tho LGtters Patent. Invention if publicly Act, if it was not publicly known or used in India it was not publicly known or used in India was not publicly known or used in India a t thedate thedate kllown or used in India at tllo - timeof Patent, to applyingforsubhLetters Patent, to applyingforsubhLetters applyingforsubhLetters bc doomed new. of the petition for such Lcttcrs Pa tent, notwithstanding it Pa tent, notwithstanding it tent, notwithstanding it Limo , 0 1: `t'` i i ACT No. V I `OF 1856.` time of his petitiooing, under this Act, for leave to file the speoification ; and if the actual inventor shall obtain a.n excliisive privilege under thip Act, in respect of sich invention, any exclusive privilege ehall oease. `by an` importer lege previously obtained by an importel of suchinven tion shall thereupon cease. Provided the petition for leave t o file the specification shall state that such Letters Patent have been granted, and What to be started in such shall also state the date thereof and the term during which petition. the same are to continue iu force. XX. No exclusive privilege obtained under this Act shall entitle the owner of such privilege to exclude any person Iroiu using the Saving of rights of persons who u8ed invention before 7th invention, who, prior to the 7th day of ,July 1855, used of July 1855. the same in India. XXI.[An action may be maintained by an inventor against avy person ] who, during the continuance of sny exclusive privilege Action for infringement. granted by this Act, shall, without the license of the said inventor, make, use, sell, or put in practice the said invention, or r h o shall counterfeit or imitate the same. Provided that no such action shall be m~inta.ined in any of the Courts of the East India Company other than the Court of original jurisdiction in civil cascs within the local limits of whose jurisdioiion the cause of action shall aocrue os the defendant shall reside as a fixed inhabitant. XXII. No such action shall be defended upon the ground of any defect or insufXciency of thc specification of the invention, nor petition, Defect or in apeoificatioll of or shall any such action he def e,ndeil upon the ground of a in inventio~~, &c., no defence misdescription of the invention in the petition ; nor upon to action for infringement. the ground that the plaintiff was not tbe inventor, unless the defendant shall show that he is the actual inventor or derives titlc from him. Any such action may be dcfcnded upos the ground The~r.t.11~1 `nsc:` of aniuventiorl that the invention was not new, if the person making the in India before date of petition, a defence to ~ u o h notion. dcfcncc, or some person through whom he claims, shall, before the date of the petition for lcavc to file the specifica- tion, havc publicly or actually used in India the inventiou, or that part of it sf which the infringement shall be proved ; but not otherwise, XXITI. it 4 `i` L g t . F F k a e `E` `E` L r F i s E k B f I `B-` \. f 1 1 k. F `C` 2 `b` 1 E e i `2` F b ACT No. VI `OF` 1856. XXIII. It hall be lawful for any person to apply by motion to any of Her Majesty's Courts of Judicature for a rule to shdw cause Courts *pplication to declare to supreme exclusive why the Court should not declare that an exclusive priviprivilege not to have been ac- lege in respect of an invention has not been acquired under quired on following groundsthe provisions ol: this Act by reason of all or any of the objections following (to be specified in the rule), that is to say- That the said inve~tion was not, at the time of presenting the petition for leave to file the specification, a new invention, or Invention not new. That the petitioner was not the inventor thereof, and, `in` addition thereto, either that the applicant was the inventor or that the invenPetitioner not tho inventor, kc. tor has dedicated or made known the invention to the public of has aoquicaced in the public use thereof, or That the specification filed does not particularly specificat Inventiol' ion. not described in describe and ascertain the nature of the invention or in whati manner the same is to be perforwd, or That the petitioner has fraudulently included in the petition or specifica, Fraud in petition or speoifioa-[tion as part of his invention something which was not new ] tion. or whereof he was not the inventor, or That the petitioner has wilfully made a false statement in his petition, or Falso statement in petition. Tbat some part of the invention, or the manner in which that part is to be performed as described in the said specification, is not Fraudulent misdescription thereby sufficiently described and ascertained, and that of part of invention `in` specification. such defect or insufficiency wus fraudulent, and is iiljurious to the public. XXIV. Any person may, in like manner, apply to any of Rer ntajesty's Like ~ ~ ~ ' as l ito ~part ~ `of` t i[COUP~S ] ~ ~ of Judicature for a r ~ d e t~ show cause IVII y the c= invmtiuu. Court shonld not dcclare that `a11` exclusive privilege has not been acquirecl tznder t l ~ c ~~rovisions of this Act in any pnrt of the inverltion to be specified - ACT No. VI `OF` 1856. specified in the rule by reason of all or any of the objections following (to be specified in the rule), that is to say- That such part of the invention was not new at the date of the petition for leave to file the specification, That the petitioner was not the inventor of that part of the invention, and, in addition thereto, either that the applicant was the inventor of that part or that the inventor has dedicated or made known the same to the public or has acquiesced in the public use thereof, or That that part of the invention, and the manner in which it is to be performed, is not sufficiently described and ascertained in the specification, and that such defect or insufficiency is injurious to the public. XXV. It shall be lawful for the Advocate General of the East India Company at any of the Presidencies of Fort Mrilliam in Bengal, Application by Advooate Fort St. George, and Bombay, or any other person, Qeneral, on breach of speuial oondition. by order of the Governor General in Council, to apply to any of the said Courts of Judicature for a rule calling upon the petitioner, his executors, administrators, or assigns, to show cause why the question of the breach of any special condition upon which the leave to file a specification has been granted, or any other question of fact on which the revocation of tbe exclusive privilege by the Governor General in CounciI under the power hereinbefore reserved may, in the judgment of the said Governor General in Council, depend, should not be tried in the form of an issue directed by the said Court ; and if the rule be made absolute, the Court, unless the breach or other matter of fact be admitted, m y thereupon direct such issue to be tried, and certify the result of such trial to the Governor General in Council. The costs of such trial, and also the costs of any proceedings in any of the said Courts of Judicature under the provisions of this Act, shall be in the discretion of the Court. XXVI. Notice of any rule obtained or proceeding taken under either of the last three preceding Sections shall be served on all Serrico of proceedings on d l pelsons interested. persons appearing to be proprietors or to have shares or isterest's in the exclusive privilege under the provisions of Sectiolz XXXTV of this Act, and it shall not be necessary to serve such notice on r F ; $ E k ACT No. VI `OF` 1856. XXVII. Any of the said Courts of Judicnture, if it thinlc fit, may direc% an issue for the trial, before the same Court or any other Supreme Court may direct laaue for to other Cowb. Court of Her Majesty or any principal Court of original jurisdiction in civil cases of the East India Company, of any question of fact arising upon an application under Section XXIII, XXIV or XXV of this Act, and such issl~e shall be tricd aocordilrgiy, in a summary manner and, if the issue be directed t o another Court, the finding shall be certified, by the Court before which the same was tried, to the Court directing the issue. New trial. E l[If ][the issue be directed to any of Her Majesty's Courts ] New trial. E l of Judicature, the Cwrt by which the issue is tried may, before the finding is certified, direct a new trial of such issue according to the usual course and practice of such Court. If the issue be directed to a Court of the East India Company, the finding shall not be subject to appeal to any other Court of the said Company but the evidence talren upon the trial shall be recorded, and a copy thereof, certified by the Judge, shall be transmitted, together ~ i t h any &marks he may think fit to make thereon, to the Court by which the issue was directed ; and such Court may either act upon the decision of the Court which tried the issue, or direct a new trial if it shall appear a ecessary. XXVIII. If it shall appear to any of t6e said Courts of Judicature at the hearing of any application under the provisions of SecJudgment. tion XXIII or XXIV 01 this Act that, by reason of any of the objections the~ein mentioned, the said exclusive privilege in the invention or in any part thereof has not been acquired, the `A` Court shall give judgment accordingly, and shsll make such o~der as to the costs of and consequent upon the application as it may think just ; Costs. and thereupon the petitioner, his executors, administrators, and assigns, shall, so long as the judgment continues in force, cease to be entitled to such exclusive privilege. XXIX. If the Court, at the heari~g of any such application as last aforesaid, shall think that the petitioner bas, is the descripAmendment of specification. tion of his investion in the petition or specification, included something which at the date of tbe petition was not new or whereof fbc was not the inventor, or that the specification is in any particular: defective B -. . ACT No. VI `OF 1856.` or insufficient, but that the error, defect, or insufficienoy was not frslidulently intended, the Court may adjudge the said exclusive privilege to hove been acquired and to be valid, save as to the part thereof affected by such error, defect, or insufficiency, or, if the Court shall think that the error, defect, or insufficiency can be amended witbout injury to the public, they may adjudge the exclusive privilege in the whole of the invention to be v did, and may, upon such terms as shall appear reasonable, order the specification to be amended in any of the said particulars ; and thereupon the petitioner, his executors, administrators, or assigns, shall, within the time limited by the said Court for the purpose, file a specification amended according to such order. XXX.[An exclusive privilege shall not be defeated upon the ground ] Midescription in the petition, that there is any misdescription of the invention if not fraudulent, not to defeat in the unless such misdescription was the privilege. fraudulent. XXXI. Whenever it shall be adjudged by any of the said Colirts of Judicature that an exclusive privilege as to the whole or any book of part of an invention has not been acqiiired, the said Secrejudgment, &c., declaring prinot to to b y e becn acq&ed; tary to the Government of India shall, upon the production of the judgment or order, cause an entry thereof to be , Entry in registry book of judgment, &c., declaring privilege not to to b y e becn acq&ed; made in the said book, hereinbefore directed to be kept, and shall cause a reference to such entry to be made in the margin of the entry of the specification zontaicn,d in such book. XXXII. If, upon proceedings instituted within two years from tbe date of a to file a specification, the actual i~ventor shall In what CaSG actual inventor entitled to assignment OI prove to the satisfactio~ of any of Her Majesty's Courts of exclusive privilege fraudulently obtained. Judicature or of the principal Court of the East India Company having jurisdiction in civil cases within the local limits of whose jurisdiction the defendant shall reside as a fixed inhabitant, that the petitioner wag not the act,ual iwentor and that, at the time of the petition, he knew or had good reir,son to believe that the knowledge of the invention was obtained by himself or by some other person. surreptitiously or is fraud of tho actual inventor, or by means of a communication made in confidence by the actual inventor to him OE to any person through whom be deiived such k~owledge, the Court may compel the petitioner to assign to the actual inventor any exclusive privilege ACT No. VI `OF` 1856. %- B C . !i E t `F` E 6- B B P C C 1 1 c i: `K.` E privilege obtained under this Act and to accou~t for and pay over the profits thereof. XXXIII. In sny action for thc infringement of such esclusivo privilege, the plaiutiff shall deliver with his plaint particnla-rs ol the PntQnularfl to `be` delivorod. breaches complained of in the said action, and the defendant, in pleading thereto, shall deliver with his pleas partaiiculors 01 the groundo (if any) upon which he means to contend that the plointiff is not cntitled to an qxclusive privilege in the invention. In like manner, upon any application to any of the said Courts of Judicature under Reot,ion XXIII, XXIV or XXV of this Act, the applicant shall deliver particulars 01 the objections on which he means to rely. At the trial of any such action or issue, no evidence shall be a.llowed to bo given in support of any alleged infringement or of Pny objection impeaching the validity of such exclusive privilege which shall not be contained in the particulars delivered as aforesaid. If it be alleged that the invention was publicly known or used prior to the date of the petition for leave to file duch the places where and the manner in which the invention was so publicly known or used shall be stated in such particulars. Provided, always, that it shall be lawful for any Court in which the action or proceeding is pending, or in which the issue is tried, to allow the plaintiff or defendant respectively to amend the particulars delivered as aforesaid, upon such terms as shall seem fit. XXXTV. A book shall be kept in the Office of the Secretary to the Government of India in the Home Department (such book to Y ' Service of proceedings. be open to inspection without fee) wherein every person fili~g a specification under this Act sball cause to be stated, und.e~ a, number care~ponding with the numhcr of the ~p~cific,atiou, soliie plaut: in India whcrc service of any rule or proceedings for the purpose of cancelling or evoking his exclusive privilege may be made. All persons, partnership^, or Companies from timc to time being proprietors _of, or having shares or interests in, such exclusive privilege, shall cause to be entered ?n such book, u ~ d e r such number as aforesaid, their names, together with the name of some place for the service of such proceedings as aforesaid. All such rules and proceodipgs ns aforesaid shsll be deemed eufficiently served on any such person, partn.ership, or Company if a copy thereof be lcft a t the placc eulered i4 such book, or (if any other place be substituted ACT No. VI `OP` 1856. sub.stituted for the same by entry in the said book) at the place last substituted, by delivering the same to any person resident at, or in charge of, such place ; or, if there be no person resident at, or in charge of, such place, or if such place be not within the local limits of the jurisdiction of the Court, by causing such rule or proceeding to be sent by Post by a registered letter directed to such person, partnership, or Company at such place; a,nd if any such person, padnersbip, or Compa~y shall neglect to make or cause to be made such entry, then service of such rule or proceeding may be effected by affixing a copy thereof to some conspicuous part ol the Court House or in such other manner as the Court may direct. XXXV. Nothing herein contained shall abridge or affect the Prerogative of the Crown in relation to the granting or withNothing in this Act to offoct Prerogative of CSOWLX. bolding the grant of any Letters Patent for inventions or otherwise, or affect or interfere with any Letters Patent for an invention heretofore granted or hereafter to be granted by the Crown. XXXVI. Every petition for leave to file a specification under the pro- `L` visions of this Act, or for the exteiision of the term of an Stamp on petition. exclusive privilege, shall be written or printed on stamped paper of the value of 100 rupees. XXXVII. In the conshruction of this Act, tho following words and expressions shall have tho meanings hereby assign Interpretation. to them, unless there be something in the subject or context repugnant to such constrqction E- Words importing the singular number shall include the plural number, and words importing the plural number shall include the singular ndnber. Words importing the masculine gender shall include females. Tne word " invention " shall include an improvement. The word "manufact~ue " shall be deemed to include any art, process,[or ] manner of producing, preparing, or making an article, and also any article prepared or produced by manufactme. The Be!? No. `QI` o$ 1856. The word ' c The word ' c inventOf 7 1 tvh~n rned ifi ricnjriliceioi~ %ith the kora " gctual," uhall include the importer of an invention not publicly known or used' in India. The-~~rr1s " inventor " and " actual inventor " shall include the executors, administrators, or assigns of an inventor or actual inventor as the case may be. The word " assigns " shall include grantees of the sole use or benefit in India of an invention, or of the sole use u l `an` excluuive privilege. for a limited time. The word " India " shall mean the territories for the time being in the possession and under the Government of the East India Company. The words " Governor General in Couizcil " shall include the " President in Council. " The words ' ' Secretary to the Government of India ' ' shall include any UnderSecretary to the gaid Government. i[FORM ][Ol? ][PETITION. ] The of (here i n s e ~ t name, addition, and place of resirEelzce) for leave to file a specification under Act No. VI of 1856. SHEWETH, That your petitioner is in possession of an invention for (stale the title of the isvention,) which invention he believes will be of public utility ; that he is Lhe invcntor thereof (or, as the case mny be, the assignee or the executor or administyator of the inventor) ; and t,hat the same is not publicly known or ~ ~ s e c i in India to the best of his knowledge and belief (or, a s tlze case m a y be, thirt hc is the first i ~ r ~ p o ~ t c r into Indin of the said hvcntion, and that the sirwla is not p2?.b!?'dy lcnowqz or used i f z India). ( I f Adlcrs Patent I~avc hoax oblui~ed for $he hve.~biioa, slate according to the rcquirenzents of Sectiojz `XIX,)` The \ ==> picture [4 x 6] intentionally omitted <== ACT' No. VI or 1856. The following is a description of the invention (here descrz'be it). Your petitioner therefore prays for leave to file a specification of the said invention pursuant to the.provisions of Act No. VI of 1856. And yo12 pt,it.iomr, (Sigied) The day of FORMS OF DECLARATION. I (here insert name, addition, and place of residence) do solemnly and sincerely declare that I am in possession of ap invention for (state the title of the invention as in the petition) ; that I believe the said invention will be of public utility ; that I am the inventor thereof (or, as the case may be, the assignee or executor or administrator of the inventor), (or that I am the first izporter of the said ime3tioon &to I ~ d i a ) ; and that the same is iiot publicly known or used in India 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) I (lzere insert qzanze, addition, and place of residence) d o solemnly and sincerely declare that I am in possession of an invention for (state the nature of tlze invention), wI1ich illvention I believe will be of public utility ; thats 1 am the inventor thereof (or, as the case ma9 be, the assignee or executor or adq~zinistrator o/ the inventor), (or that I anz the first iynporter of the sorid invention into Indiu), and that the same is not publicly known or used in India to the best of my l~no\sileclge and belief, ancl tfia!t, to the best of my belief, the instlmnent in smiting under my hand iiereullio annexed p&rticularly desc~ibes and asceitnins ACT No, VI: o i `1856.` ascertains the nature of the said invention and in what manner the same is to be performed. The day of (Signed) C. I 0 f do solemnly and sincerely declare that I have been appointed by the said his agent for the purpose of , and I verily believe that the declaration p ~ q - ~ o r t i n ~ to be the declaration of the said marked ( ) was signed by him, and that the contents thereof are true. The day of (Signed)