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]

283. FORM OF DECLARATION TO ACCOMPANY SPECIFICA

TION.

I, [name, addition, and residence,] do solemnly and sincerely declare, that I am in possession of an invention for [nature of invention]; which invention I believe will be of public utility; that I am the inventor thereof, [or the assignee, 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 belief, the instrument in writing under my hand, herewith annexed, particularly describes and ascertains the nature of the said invention and in what manner the same is to be performed.

The

day of

[Signed.]

If the inventor be absent from India, the petition and specification are to be accompanied also by a declaration from the agent, to the effect that he verily believes that the declaration was signed by the inventor and that the contents are true. The agent's declaration is to be in similar form to that of the inventor, and the date of delivery of the petition and specification is to be indorsed on them and recorded at the office of the secretary. Any false statement in such declaration is punishable as perjury. (§§ 7, 8.)

284. FORM OF DECLARATION BY AGENT WHEN AN INVENTOR IS ABSENT FROM INDIA.—

I have been appointed by the said purpose of

; and I verily believe that the declaration purport

his agent, for the

ing to be the declaration of the said
signed by him, and that the contents thereof are true.
The
day of

marked (

), was

[Signed.]

The fees under the act, and also the fees (if any) of the person to whom the petition may have been referred,

must be paid before filing the specification. (§ 9.) No fee is mentioned in the act, the only stipulation being that the petition for the original grant of exclusive privilege or for its extension must be written on stamped paper of the value of 100 rupees, (£10.) (§ 37.)

An inventor having obtained letters patent in the United Kingdom may, within twelve calendar months from the date of the letters patent, petition the Governor General for the exclusive privilege in India. He must state in his petition that such letters patent have been granted, with the date and term during which they are to be in force. The Indian privilege will cease in case of the revocation of the original letters patent, and shall not exceed the original term, unless the same be renewed. (§ 20.)

285. FORM OF PETITION.

day of

That your petitioner [or that A. B., of whom your petitioner is the assignee, or executor, or administrator] has obtained Her Majesty's letters patent, dated the for [title of invention], and that such letters patent are to continue in force for years; that your petitioner believes that the said invention is not now and has not hitherto been publicly known or used in India.

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 provisions of act No.