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Ley de Patentes (Capítulo 156) (Edición Revisada 1991), Seychelles

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Detalles Detalles Año de versión 1991 Fechas Adoptado/a: 3 de marzo de 1901 Tipo de texto Principal legislación de PI Materia Patentes (Invenciones), Observancia de las leyes de PI y leyes conexas, Organismo regulador de PI

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Textos principales Textos principales Inglés Patents Act (Chapter 156) (Revised Edition 1991)        
 Patents Act

LAWS OF SEYCHELLES

PATENTS ACT

CHAPTER 156

REVISED EDITION 1991

PRINTED FOR THE GOVERNMENT OF SEYCHELLES

BY SPACE

THE GOVERNMENT PRINTER

2.

9.

1 991 EDJ PATENTS ACT [CAP 156

CHAPTER 156

PATENTS ACT

{3rd March, 1901J

ARRANGEMENT OF SECTIONS

SECTION.

1. Short title.

Act 5 of 1901. Act 4 of 1925. Act 9 of 1933. Act 13 of 1958. Act 10 of 1960. Act 34 of 1967. 5.1. 95 of 1975. 5.1. 72 of 1976. Act 23 of 1976.

Interpretation.

3. Provision for absence of Registrar.

4. Persons entitled to apply for patent.

5. Applications and specification.

6. Registrar may refer application to examiner.

7. Power for Registrar to refuse application or require amend

ment.

8. Time for leaving complete specification.

Comparison of provisional and complete specification.

10. Advertisement on acceptance of complete specification.

11. Opposition to grant of patent.

12. Specifications, etc., not to be published unless application

accepted.

13. Sealing of patent.

14. Date of patent.

Provisiona/ Protectiol1

15. Provisional protection.

16. Effect of acceptance of complete specification.

Patent

17. Granting of letters patent by the President.

18. Power to grant patentsjointly, though some grantees are not

inventors.

19. Extent of patent.

------------------------------------------------------- 1991 EDJ PATENTS ACT [CAP 156

SECTION

20. Term of patent.

21. Restoration of lapsed patents.

Amendment ojSpecification

22. Amendment of specification.

23. Power to disclaim part of invention during action, etc.

24. Restriction on recovery of damages.

25. Advertisement of amendment .

26. Power for President to order grant of licences.

Register ojPatents

27. Register of patents.

Fees

28. Fees in schedule.

Extension oJTerm ( r Patent

29. Extension of term of patent on petition to the President.

Revocation

30. Revocation of patent.

31. Patent to bind the Republic.

32. Use of patented inventions for services of the Republic.

33. Reference of disputes as to use by the Republic.

34. Special provision a<; to the use by the Republic during emergency.

Legal Proceedings

35. Hearing with assessors.

36. Delivery of pru1iculars

2

43.

44.

1991 ED] PATENTS ACT [CAP 1 56

SECTION

37. Order for inspection, etc., in action.

38. Certificate of validity questioned and costs thereon.

39. Remedy in case of groundless threats of legaJ proceedings.

Miscellaneous

40. Licensed patent agents.

41. Patent for one invention only .

42. Patent on application of representative of deceased inventor.

Patent to first inventor not invaJidated by application in fraud of him.

Assignment of patent for particular place.

45. Loss or destruction of patent.

46. Witnesses may be summoned.

47. and co!:;ts before court.

48. Exhibition at industrial or international exhibition not to prejudice patent

rights.

49 . Power to require models on payment.

50. Assignment to the President of certain inventions .

51. Registration of United Kingdom Patents.

52. International arrangements for protection of invention.

53. Minister may make regulations

54. Saving for prerogative.

1. Thi s Act may be cited as the Patents Act. Short title. 3/2311976.

2. In this Act, unless the context otherwise requires, the Interpretation. S.l.9511975.following words and expressions shall have or include th e mean­ S.l. 72/1976.

ing hereinafter assigned to them:­ 3/2311976.

"court" means the Supreme Court;

"examiner" shall mean any skilled persoli or persons to whom the Registra shaJI refer questions concerning patents under this Act;

"prescribed" shall means prescribed by any of the schedules to this Act or by regulations under this Act;

3

1 991 EDJ PATENTS ACT [CAP 1 56

Provision for

absence of

Rcgi strar.

Persons entitled to

apply for patent.

"Registrar" means the person appointed by the President to be the Registrar of Patents for the purposes of this Act;>I<

"British possession" means any territory or place situate within Her Majesty's dominions and not being or forming part of the United Kingdom or of the Channel Islands or of the Isle of Man; and all the territories and places under one legislature as hereinafter defined are deemed to be one British possession for the purposes of this Act; and

"legislature" includes any person or persons who exercise legisla­ tive authority in the British possession and where there are local legislatures ac:; well ac:; a central legislature, means the central legislature only.

The terms "true and first inventor", "true inventor", and "inventor" shall to the extent that the context does not express include the person who ic:; the actual inventor of any invention or his assigns,or, if the actual inventor be dead, his legal representatives or (if the actual inventor, his legal representative or assigns is or are not resident in Seychelles) any person towhom suchinvention hac:; been communicated by the actual inventor, his legal representatives, or ac:;signs, but shall not include a person importing an invention from any other colony or country without the authority of the actual inventor, his legaJ representatives, or ac:;signs

3. Any act or thing directed to be done by or to the Registrar may, in his absence, be done by or to any officer for the time

being in that behalf authorised by him.

4( I) Any person whether a citizen of Seychelles or not, may make an application for a patent.

(2) Two or more persons may make an application for a

patent and a patent may be granted to them jointly.

(3) An applicant may be -

(a) the actual inventor; or

(h) his assigns; or

• G.N. 29/1 977 Rcgistrar (It:ncral apJloilllt:d as tlie I(q islrar of i'atcnts.

4

1 991 ED] PATENTS ACT [CAP 1 56

(e) the actual inventor jointly with the assigns of a part interest in the invention; or

(d) the legal representative ofa deceased actual inventor or of his assigns; or

(e) any person to whom the invention has been commu­ nicated by the actual inventor, his legal representa­ tives, or assigns (if the actual inventor, his legal representatives, or assigns is or are not resident i n Seychelles) .

5( 1) An application for a patent must be made in the form in the First Schedule to this Act, or in such other form as may be from time to time prescribed, and must be left at the Registrar's Office in the prescribed manner.

(2) An application must contain a declaration by the applicant or, in the case of a joint application, by one ofthe applicants, to the effect that the applicant or one or more ofthe applicants is or are in possession of an invention, whereof the applicants or one or more ofthe applicants claims or claim to be the true and first inventor or inventors and for which the applicant or applicants desires or desire to obtain a patent. The application must be accompanied by either aprovisional orcomplete specification,and must state an address in Victoria for the reception ofnotices and other communications with respect to the application or inven­ tion.

(3 ) A provisional specification must describe the nature ofthe invention, and be accompanied by drawings, i f required.

(4) A complete specification, whether left on application or subsequently, must particularly describe and ascertain the nature ofthe invention, and in what manner it is to be performed and must be accompanied by drawings if required:

Provided that the requirement as to drawings shall not be deemed to be insufficiently complied with by reason only that, instead ofbeing accompanied by drawings, the complete specifi­ cation refers to the drawings which accompanied the provisional specification.

5

Applications and specification.

1991 ED) PATENTS ACT [CAP 156

Registrar may refer application to examlller.

Power of Registrar to refuse applica­ tion or require amendment. 6/411925.

(5) A specification, whether provisional or complete, must commence with the title, and in the case ofa complete specifi­ cation must end with a distinct statement of the invention claimed.

6. The Registrar shall, ifhe thinks fit, refer any application to an examiner, who shall ascertain whether the nature of the invention has been fairly described and the application, specifi­ cation and drawings (if any) have been prepared in the pre­ scribed manner, and the title sufficiently indicates the subject­ matter of the invention, and shall report thereon to the Regis­ trar.

7(1) If the Registrar is of opinion, or if, after reference to an examiner, such examiner reports, that the nature of the inven­ tion is not fairly described, or that the application, specification, or drawings has not or have not been prepared in the prescribed manner or that the title does not sufficiently ind icate the subject­ matter of the invention the Registrar may refu se to accept the application or require that the application, specification, or drawings be amended, before he proceeds with the application and in the latter case the appl ication shall , if the Registrar so direct, bear date as from the time when the requirements is complied with.

(2) Where the Regi strar refuses to accept the application or requires an amendment, the applicant may appeal from his decision to the court.

(3 ) The court shall, if required, hear the applicant and the Registrar, and may make an order determining whether and subject to what conditions (if any) the application shall be accepted .

(4) The Registrar shall, when an application has been ac­ cepted give notice thereof to the applicant.

(5) If after an appl ication has been made, but before the patent thereof has been sealed, another application for a patent is made, accompanied by a specification bearing the same or a

6

199 1 ED] PATENTS ACT [CAP 156

similar title, the Registrar, if he think fit, on the request of the second applicant or ofhis legal representative, may, within two months of the grant of a patent on the first application, either decline to proceed with the second application or allow the surrender ofthe patent, if any, granted thereon .

8(1) I f the applicant does not leave a complete specification with his application he may leave it at any subsequent time within nine months from the date of application and the Registrar may, on payment ofthe prescribed fee, extend such time to ten months.

(2) Unless a complete specification is leftwithin nine months or such extended time, the application shall be deemed to be abandoned.

9(1) Where a complete specification is left after a provisional specification the Registrar may, ifhe think fit, refer both specifi­ cations to an examiner for the purpose ofascertaining whether the complete specification has been prepared in the prescribed man­ ner, and whether the invention particularly described in the complete specification is described in the provisional specifica­ tion .

(2) If the Registrar is of opinion, or if after reference to an examiner such examiner report, that the conditions hereinbefore contained have not been complied with the Registrar may refuse to accept the complete specification unless and until the same shall have been amended to his satisfaction, but any such refu sal shall be subject to appeal in the court.

(3) The court shall, if required, hear the applicant and may make an order determining whether and subject to what condi­ tions, if any, the complete specification shall be accepted.

(4) Unless a complete specification is accepted within twelve months from the date of application, or such extended time not exceeding fifteen months from the date of application, as the Registrar on payment ofthe prescribed fee may allow, then (save in the case ofan appeal having been lodged against the refusal to accept) the application shall at the expiration of the said twelve months, or such extended time, become void .

7

Time for leaving complete specification.

Comparison of provisional and complete specification. 6/4/1925. 3/23/1976.

1 99 1 ED] PATENTS ACT [CAP 1 56

Advertisement on acceptance of complete specifica­ tion.

Opposition to gran! of patent. 6/411925.

(5) Reports of examiners shall not be l iable to production or inspection in any legal proceeding other than an appeal to the court under this Act, unless the court or officer having power to order discovery in such legal proceeding shall certify that such production or inspection is desirable in the interests ofjustice, and ought to be allowed.

10. On the acceptance of the complete specification the Registrar shall advertise the acceptance in the Gazette, and the applicat ion and specifications or specifications with the draw­ ings (if any) shall be open to public inspection.

11( 1) Any person may at any time within two months from the date of the advertisement of the acceptance of a complete specification give notice at the Registrar 's office of opposition to the grant of the patent on the ground of an applicant having obtained the invention from him or from a person of whom he is the legal representative, or on the ground that the invention has been patented in Seychelles on application of prior date, or on the ground that the complete specification d escribes or claims an invention other than that described in the provisional specification, and that such other i nvention forms the subject of an application made by the opponent in the interval between the leaving of the provisional specification and the leaving of the complete specification but on no other ground.

(2) Where such notice is given, the Registrar may require the person giving such notice to give security to an amount not exceeding two hundred and fifty rupees for the costs of the opposition; and, ifthe security so required is not given within the said two months, the opposition shall lapse.

(3) Where such notice and such security, ifrequired, is given the Registrar shall give notice ofthe opposition to the applicant and shall on the expiration ofthe said two months after hearing the applicant and the person so giving notice, ifdesirous ofbeing heard, decide on the case, but subject to appeal to the court.

(4) The court shall , on such appeal, hear the applicant and any person so giving notice and being, in the opinion of the court,

8

1991 ED] PATENTS ACT ICAP 156

entitled to be heard in opposition to the grant, and shall determine whether the grant ought or ought not to be made.

(5) The court may, if it think fit, obtain the assistance of an expert who shall be paid such remuneration as the court shall determine.

(6) The court or the Registrar, as the case may be, may, after decision, make such order as may be thought fit for the payment of costs by the applicant to the party giving notice or vice versa, and such order may be made a rule ofcourt on an application ex­ parte.

12. Where an application for a patent has been abandoned or become void, the specification or specifications and drawings (if any) accompanying or left in connection with such application shall not at any time be open to public inspection or be published by the Registrar.

13( 1 ) Ifthere be no opposition, or, in the case ofopposit ion, if the determination is in favour ofthe grant ofa patent, such patent shall be sealed with the public seal of Seychelles.

(2) A patent shall be sealed as soon as may be, and not after the exp iration offifteen months from the date of application, except in the cases hereinafter mentioned, that is to say:­

(a) Where the sealing is delayed by an appeal to the court, or by opposition to the grant ofpatent, the patent may be sealed at such time as the court may d irect.

(b) If the person making the appli cation die before the expiration ofthe fifteen months aforesaid, the patent may be granted to his legal representative and sealed at any time within six months after the death of the applicant.

(c) Where the Registrar has extended the time for leaving or the time for accepting the complete specification, or both such times, the total period of time so ex­ tended shall be added to the period of fifteen months above provided.

9

Specifications, etc.. not to be published unless application accepted.

Sealing of patcnt. 6/411925.

sealigg entin

*Functions of President delegated to the Registrar General (SI. 68 of 1992

public seal of Seychelles.

1996 ED] PATENTS ACT [CAP 156

Cap. 241 Sub. Leg.)

14. Every patent shall be deposited in the Registrar's Office, and every patent shall be dated and sealed as of the day of the application:

Provided that no proceedings shall be taken in respect of an infringement committed before the publication of the complete specification.

Provisional Protection

15. Where an application for a patent in respect of an inven­ tion has been accepted, the invention may during the period between the date of the application and the date of sealing such patent, betused and published without prejudice to the patent to be granted for the same; and such protection from the consequences of use and publication is in this Act referred to as provisional protection.

Protection by Complete Specification

16. After the acceptance of a complete specification and until the date of a respect thereof, or the expiration of the time for sealing, the applicant shall have the Jib��-privileges and rights as if a patent for the invention had been sealed on the date of the acceptance of the complete speciflcation:

Provided that an applicant shall not be entitled to institute any proceeding for infringement, unless and until a patent for the invention has been granted to him.

Patent

17. All letters patent for inventions under this Act shall be granted by the President in the name of the Republic, under the

Dale ofpalent.

Provisional protection 3/2311976.

Eftect of accep­ tance of complete speci­ fication

Granting of letters patent by President. SI. 9511975 SI. 72,']976. SI. 2311976.

10

199 1 ED) PATENTS ACT ICAP 1 56

18. A patent may be granted to several applicants jointly, Power to grant patcnts jointly,although some or one of them only are or is the true and first though some

inventors or inventor. grantees are not inventors.

19. Every patent, when sealed, shall have effect throughout Extent of patent. Seychelles.

20( 1 ) The term limited in every patent for the duration thereof Term of patent. shall be fourteen years from its date, but every patent sha1l, notwithstand ing anything therein or in this Act, cease if the patentee fail to make the prescribed payments within the pre­ scribed times.

(2) If, nevertheless, in any case by accident, mistake or i nad­ vertence, a patentee fail to make any prescribed payments within the prescribed time, he may apply to the Registrar for an enlarge­ ment of the t ime for making that payment .

(3) Thereupon the Registrar sha1l, if satisfied that the failure has arisen from any ofthe above mentioned causes, on receipt of the prescribed fee for enlargement, not exceeding one hundred rupees, enlarge the time accordingly, subject to the following conditions:­

(a) The time for making any payment shall not in any case be enlarged for more than six months.

(h) If any proceeding shall be taken in respect of an infringement ofthe patent committed after a failure to make any payment within the prescribed time, and before the enlargement thereof, the court before which the proceeding is proposed to be taken may, if it shall think fit, refuse to award or give any damages in respect of such infringement.

21( 1 ) Where a patent has ceased to have effect by reason of a Rcstoration of failure to pay any renewal fee within the prescribed period or lapsed patents.

21 1 011966. within that period as extended under subsection (3) of section 20 and the Registrar is satisfied, upon appli cation made within three years from the date on which the patent has ceased to have effect

1 1

(a)

1991 ED] PATENTS ACT ICAP 156

that the failure was unintentional and that no undue delay has occurred in the making or prosecution of the application, he shall by order restore the patent and any patent of addition specified in the application which has ceased to have effect on the cesser of that patent.

(2) An application under this section may be made by the person who was the patentee or by his personal representative; and where the patent was held by two or more persons jointly, the appli cation may, with the leave ofthe Registrar, be made by one or more of them without joining the others .

(3) An application under this section shall contain a statement (to be verified in such manner as may be prescribed) fully setting out the circumstances which led to the failure to pay the renewal fee; and the Registrar may require from the applicant such further evidence as he may think necessary.

(4) Ifafter hearing the applicant (if the applicant so requires or the Registrar thinks fit) the Registrar is satisfied that a prima facie case has been made out for an order under this section, he shall advertise the application by notice in the Gazette, and within the period specified by the Registrar in such notice, any person may give notice to the Registrar ofopposition thereto on either or both of the following grounds, that is to say-

that the failure to pay the renewal fee was not unintentional; or

(h) that there has been undue delay in the making ofthe application.

(5) If notice of opposition is given within the period afore­ said, the Registrar shall notify the applicant, and shall give to him and to the opponent an opportunity to be heard before he decides the case .

(6) If no notice of opposition is given within the period aforesaid of if, in the case of opposition, the decision of the Registrar is in favour ofthe applicant, the Registrar, shall, upon

'payment of any unpai d renewal fee and such additional fee as

12

1991 ED) PATENTS ACT [CAP 1 56

may be prescribed, make the order in accordance with the application

(7) An order under this section for the restoration of a patent ­

(a) may be made subject to such conditions as the Regis­ trar thinks fit, including in particular a condition requiring the registration in the register of patents of any matter in respect of which the provisions of this Act as to entries in that register have not been com­ plied with; and

(h) shall contain such provisions as may be prescribed for the protection ofpersons who may have begun to avail themselves ofthe patented invention between the date when the patent ceased to have effect and the date of the appl ication under this section ,

If any condition ofan order under this Section i s not complied with by the patentee, the Registrar may, after giving to the patentee an opportunity to be heard, revoke the order and give such d irectjons consequential on the revocation as he thinks fit .

( 8 ) An appeal shall lie to the court from any decision of the Registrar under this section,

Amelldment (?f Spec{ficatioll

22( 1 ) An appli cant or a patentee may, from time to time by request in writing left at the Registrar's Office, seek leave to amend his specification, including drawings forming part thereof, by way of disclaimer, correction, or explanation, stating the nature of such amendment and his reason for the same,

(2) The request and the nature of such proposed amendment shall be advertised in the Gazelle, and, at any time within one month from its first advertisement, any person may give notice at the Registrar's office of opposition to the amendment.

(3) Where such notice is given, the Regi strar shall give notice ofthe opposition to the person making the request, and shall hear and decide the case, subject to an appeal to the court,

13

Alllcndmcnt of

spccification,

6/411925,

199 1 ED) PATENTS ACT [CAP 1 56

Power to disclaim part of invention during action, etc.

(4) The court shall, if required, hear the person making the request and the person so giving notice, and being, in the opinion ofthe court, entitled to the request, and shalldetermine whether, and subj ect to what conditions, ifany, the amendment ought to be allowed.

(5) Where no notice of opposition is given, or the person so giving notice does not appear, the Registrar shall determine whether, and subject to what conditions, ifany, the amendment ought to be allowed.

(6) When leave to amend is refused by the Registrar, the person making the request may appeal from his decision to the Court.

(7) The court shall, if required, hear the person making the request and the Registrar, and may make an order determining whether, and subj ect to what conditions, ifany, the amendment ought to be allowed.

(8) No amendment shalI be allowed that would make the specification, as amended, claim an invention substantially larger than or substantiaIly different from the invention claimed by the specification as it stood before amendment.

(9) Leave to amend shall be conclusive as to the right of the party to make the amendment allowed, except in case of fraud, and the amendment shall in all courts and for all purposes be deemed to form part ofthe specification.

(10) The foregoing provisions of this section do not apply when and so long as any action for infringement or proceeding for revocation of a patent is pending.

23. In an action for infringement of a patent, and in a proceeding for revocation ofa patent, the court may order that the patentee shall, subject to such terms as to costs and otherwise as the court may impose, be at liberty to apply to the Registrar's office for leave to amend his specification by way of disclaimer, and may direct that in the meantime the trial or hearing of the action shalI be postponed.

14

1991 ED] PATENTS ACT [CAP 156

24. Where an amendment by way ofdisclaimer, correction, or explanation has been allowed under this Act, no damages shall be given in any action in respect ofthe use ofthe invention before the disclaimer, correction, or explanation, unless the patentee estab­ lishes to the satisfaction of the court that his original claim was framed in good faith and with reasonable skill and knowledge.

25. Every amendment of a specification shall be advertised in the Gazette.

26. Ifon the petition ofany person interested it be proved to the President that, by reason of a default of a patentee to grant l icences on reasonable terms ­

(a) the patent is not being worked in Seychelles; or

(h) the reasonable requirements ofthe publ ic with respect to the invention cannot be supplied; or

(e) any person is prevented from working or using to the best advantage an invention ofwhich he is possessed,

the President may order the patentee to grant licences on such terms as to the amount of royalties, security for payment, or otherwise, as the President, having regard to the nature of the invention and the circumstances ofthe ca')e, may deemjust and any such order may, on application to the court, be enforced by mandamus.

Register qf/'Qtcnts

27( 1 ) There shall be kept at the Registrar's office a book called the register of patents, wherein shall be entered the names and addresses ofgrantees ofpatents, notification of assignments, and of transmissions of patents, of licences under patents, and of amendments, extensions, and revocations of patents, and such other matters affecting the vali dity ofproprietorship ofpatents as may from time to time be prescribed .

(2) The register ofpatents shall beprima/aeie evidence ofany matters by this Act directed or authorised to be i nserted therein.

(3) Copies ofdeeds, licences and any other documents affect­

15

Restriction on recovery of damages. 3/23/ 1 976.

Advertisement of amendment.

Power for President to order grant of licences. 2/34/ 1 967.

S.l. 951 1 975. SJ 72/ 1 976.

Register of patents. 3/231 1 976.

1994 ED] PATENTS ACT [CAP 156

Fees in schedule,

Extension of tenn of patent on petition 10 the President. SI. 9511975. SI. 72/1976, 'Functions of President delegated to Registrar General SI. 6811992,

ing the proprietorship in any letters patent or in any licence thereunder, must be supplied to the Registrar in the prescribed manner for filing in his office,

Fees

28. There shall be paid, in respect of the several matters and things described in the Second Schedule, the fees in that schedule mentioned; and such fees shall be l evied and p aid to the credit of the general revenue of Seychelles,

Extentian of Term ofPatent

29.(1)* A patentee may, after advertising in manner directed f,

by any rules made under this section his i ntention to do so, present a petition to the President praying that his patent may be extended for a further term; but such petiton must be presented at least six months before the time limited for the expiration of the patent.

(2) Any person may enter a caveat against the extension,

(3) If the President shall be p leased to refer any such petition to the court, the court shall proceed to consider the same, and the petitioner and any person who has entered a caveat shall be entitled to be heard by himself or by counsel on the petition,

(4) The court shall, in considering its decision, have regard to the nature and merits of the invention in relation to the public, to the profits made by the p atentee as such, and to all the circumstances of the case,

(5 ) If the court report that the p atentee has been i nadequa­ tely remunerated by his patent, it shall be l awful for the President to extend the term of the patent for a further term not exceeding seven, or, in exceptional cases, fourteen years; or to order the grant of a new patent for the term therein mentioned, and containing any restrictions, conditions, and provisions that the court may think fit.

(6) It shall be l awful for the President to make rules of

16

1991 ED] PATENTS ACT [CAP 1 56

procedure and practice for regulating proceedings on such peti­ tions, and from time to time to rescind, alter, or vaJY and such rules, and subject thereto such proceedings shall be regulated according to the existing procedure and practice relating to pleadings in the court.

(7) The costs ofall parties ofand incidental to such proceedings shall be in the discretion ofthe court; and the orders ofthe court respecting costs shall be enforceable in like manner as other orders ofthe court,

Revocation

30(1) No proceeding by scirefacias to repeal a patent shall be Revocation of patent.taken, 3/23 1 1 97 6 ,

(2) Revocation of a patent may be obtained on p etition to the court,

(3 ) Every ground on which a patent might, at the commence­ ment ofthis Act, be repealed by scirefacias shall be available by way ofdefence to an action for infringement, and shall also be a ground of revocation,

(4) A petition for revocation ofa patent may be presented by­

(a) the Attorney General;

(h) any person authorised by the Attorney General;

(c) any person alleging that the patent was obtained in fraud ofhis rights, or ofthe rights ofany person under or through whom he claims;

(d) any person all eging that he, or any person under or through whom he claims, was the true inventor ofany invention included in the claim of the patentee;

(e) any person alleging that he, or any person under or through whom he claims an interest in any trade, business, or manufacture, had publi cly manufactured, used, or sold, within Seychell es, before the date ofthe

17

199 1 ED] PATENTS ACT I CAP 1 56

Patent to bind thc

Republic.

3/ 1 01\966.

S.l. 721 1 976.

Use of patcnted

inventions for

service of the

Republic.

4 1 1 0/ 1 966.

S.l. 7211 976.

3/2311976.

patent, anything claimed by the patentee as hi s invention.

(5) The Plaintiffmust deliver with his petition particulars of the objections on which he means to rely; and no evidence shall, except by leave of the court, be admitted in proof of any obj ection of which particulars are not so delivered .

(6) Particulars delivered may be from time to time amended by leave of the court.

(7) The defendent shall be entitled to begin, and give evi­ dence in support of the patent; and if plaintiff give evidence impeaching the validity of the patent, the defendent shall be entitled to reply.

(8) Where a patent has been revoked on the ground offraud, the Registrar may, on the application ofthe true i nventor made in accordance with the provisions of this Act, grant to him a patent in lieu of and bearing the same date as the date of revocation of the patent so revoked, but the patent so granted shall cease on the expiration of the term of which the revoked patent was granted.

31. A patent shall have to all intents the like effect as against the Republic, as it has against a subj ect.

32.(1) Notwithstanding anything in this Act, any Govern­ ment department, and any person authorised in writing by a Government department may make, use, exercise and vend any patented invention for the services of the Republic in accor­ dance with the following provisions of this section .

(2) Ifand so far as the invention has before the priority date of the relevant claim of the complete specification been duly recorded by or tried by or on behalf of a Government depart­ ment otherwise than in consequence of the communication thereofdirectly or indirectly by the patentee or any person from

I R

1991 ED) PATENTS ACT [CAP 156

whom he derives title, any use of the invention by virtue of this section may be made free of any royalty or other payment to the patentee.

(3) If and so far as the invention has not been so recorded or tried as aforesaid, any use ofthe invention made by virtue ofthis section at any time after the acceptance of the complete specifi­ cation in respect of the patent, or in consequence of any such communication as aforesaid, shall be made upon such terms as may be agreed upon, either before or after the use, between the President and the patentee, or as may in default ofagreement be determined by the court on a reference under section 3 3 .

(4) The authority ofa Government department i n respect ofan invention may begiven under this section eitherbefore or after the patent is granted and either before or after theacts in respect of which the authority is given are done, and may be given to any person whether or not he is authorised directly or indirectly by the patentee to make, use, exercise or vend the invention.

(5) The purchaser ofany articles sold in the exercise ofpowers conferred by this section, and any person claiming through him, shall have power to deal with them in the same manner as if the patent were held on behalf of the Republic .

33.( 1) Any dispute as to the exercise by a Government depart­ ment or a person authorised by a Government department of the powers conferred by section 32, or as to terms for the use of an invention for the services ofthe Republic thereunder, or as to the right of any person to receive any part of a payment made in pursuance ofsubsection (3 ) ofthat section, may be referred to the court by either party to the di spute.

(2) In any proceedings under this section to which a Govern­ ment department is a party, the department may­

(a) if the patentee is a party to the proceedings, apply for revocation of the patent;

(h) in any case, put in i ssue the validity of the patent without applying for its revocation.

19

Reference of

disputes as to

use by the

RepUblic.

4 1 1 01 1 966.

S.1. 721 1 976.

(a)

(e)

1 991 ED] PATENTS ACT [CAP 1 56

Special provision

as to use by the

Republic during

emergency.

41 1 0/ 1 966.

S.1. 9511 975.

S.1. 721 1 976.

(3 ) If in such proceedings as aforesaid any question arises whether an invention has been recorded or tried as mentioned in section 32, and the disclosure ofany document recording the invention, or of any evidence ofthe trial thereof, would in the opinion of the department be prejudical to the public interest, the disclosure may be made confidentially to counsel for the other party or to an independent expert mutually agreed upon .

(4) In determining under this section any dispute between a Government department and any person as to terms for the use of an invention for the services of the Republic, the courtshall have regard to any benefit or compensation which that person or any person from whom he derives title may have received, or may be entitled to receive, directly or indirectly from any Government department in respect ofthe invention in question.

34.(1) During any period ofemergency within the meaning of this section. the powers exercisable in relation to an invention by a Government department, or a person authorised by a Government department under section 32, shall include power to make, use, exerci se and vend the invention for any purpose which appears to the department necessary or expedient-

for the maintenance of supplies and services essen­ tial to the life ofthe community;

(h) for securing a sufficiency of supplies and services essential to the well-being of the community;

(e) for promoting the productivity of industry, com­ merce and agriculture;

(d) for fostering and directing exports and reducing imports, or imports of any classes, from all or any countries and for redressing the balance of trade;

generally for ensuring that the whole resources of the community are available for use, and are used, i n a manner best calculated to serve the interests ofthe community; or

(f) for assisting the relief of suffering and restoration and distribution of essential supplies and services in

20

1991 ED] PATENTS ACT [CAP 1 56

any foreign countries that are in grave distress as a result of war,

and any reference in that section or section 33 to the services ofthe Republic shall be construed as incJ uding a reference to the aforesaid.

(2) In this section the expression "period ofemergency" means any period beginning on such date as may be declared by the President by notice published in the Gazette to be the commence­ ment, and ending on such date as may be so declared to be the termination, of a period of emergency for the purposes of this section.

Legal Proceedings

35. (1) In an action or proceeding for infringement or revoca- Hearing with tion of a patent, the court may, if it think fit, or on the request of assessors.

either ofthe parties to the proceeding, call in the aid ofan assessor specially qualified, and try and hear the case wholly or partially with his assistance.

(2) The remuneration, if any, to be paid to an anssessor under this section shall be determined by the court and be paid in the same manner as the other expenses of the execution of this Act.

36.( 1) In an action for infringement of a patent, the plaintiff Delivery of particulars.must deliver with his statement ofclaim, or, by order ofthe court

at any subsequent t ime, particulars ofthe breaches complained of.

(2) The defendent must deliver with his statement of defence, or, by order ofthe court at any subsequent time, particulars ofany objections on which he relies in support thereof.

(3) If the defendent di spute the validity of the patent, the particulars delivered by him must state on what grounds he disputes it , and, if one of those grounds is want of novelty, must state the time and place of the previous publication or user alleged by him.

(4) At the hearing no evidence shall, except by leave of the court, be admitted in proof of any alleged i nfringement or objection ofwhich particulars are not so delivered.

2 1

1 991 ED) PATENTS ACT [CAP 1 56

Order for inspec­

tion, etc., in action.

Certificate of

validity questioned

and costs thereon.

Remedy in case of

groundless threats

of legal proceed­

ings.

Licensed patent

agents.

S.l. 951\975.

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

37. In an action for infringement of a patent, the court may, on the application of either party, make such order for an injunction, i nspection, or account, and impose such terms and give such directions respecting the same and the proceedings thereon as the court may see fit.

38. In an action for infringement of a patent, the court may certify that the validity ofthe patent came in question; and, ifthe court so certify, then in any subsequent action for infringement, the plaintiff in that action, on obtaining a final order or judge­ ment in his favour, shall have his full costs, charges and expenses, unless the court trying the action certifies that he ought not to have the same.

39. Where any person claiming to be the patentee of an i nvention, by circulars, advertisements, or otherwise, threatens any other person with any legal proceedings or liability in respect of any alleged manufacture, use, sale, or purchase of the i nvention, any person or persons aggrieved thereby may bring an action against him, and may obtain an injunction against the continuance of such threats, and may recover such damage (if any) as may have been sustained thereby, ifthe alleged manufac­ ture, use, sale, or purchase to which the threats related was not in fact an infringement ofany legal rights ofthe person making such threats.

Provided that this section shall not apply if the person making such threats with due diligence commence and prosecute an action for infringement of his patent.

Miscellaneous

*40. It shall be lawful for the Registrar with the sanction of theMinister, to li cense fit and proper personsto be patent agents for transacting business under the provisions of this Act, and upon proofto the Registrar's satisfaction ofthe malfeasance or incapacity ofany such l icensed patent agent, or on non-payment of any annual fee for any such licence, as prescribed by the Second Schedul e, and with such sanction as aforesaid, to revoke any SLlch licence.

*See Licences (Services) Regul:lilolls Cap III (Sub l.eg.)

22

1991 ED) PATENTS ACT [CAP 156

41. Every patent may be in the form in the First Schedule and shall be granted for one invention only, but may contain more than one claim, but it shall not be competent for any person in an action or other proceeding to take any objection to a patent on the ground that it comprises more than one invention.

42.( 1) If a person possessed of an invention for which he is entitled to obtain a patent die without making application for a patent for the invention, application may be made by, and a patent for the invention granted to, the legal representative of the inventor.

(2) Every such application must be made within six months of the decease ofsuch person, and must contain a declaration by the legal representative that he beli eves such person to be the t rue and first inventor of the invention.

43. A patent granted to the true and first inventor shall not be invalidated by an application in fraud of him, o r by provisional protection obtained thereon, or by any use or publication of the invention subsequent to that fraudulent application during the period of provisional protection.

44. A patentee may assign his patent forthewhole ofS eychelles or any place in or any part thereof

45. If a patent is lost or destroyed, or its non-production is accounted for to the sati sfaction of the Registrar, the Registrar may at any time cause a triplicate thereof to be sealed and delivered to the person entitled thereto.

46. For the purpose of any application or opposition or other matters requiring the decision of the Registrar or the court they or either ofthem may, and at the request ofany party to be heard, shall cause summonses under the seal ofthe court to be i ssued for the attendance of witnesses and may examine witnesses on oath and administer oaths for that purpose under this part, and every witness so summoned shall be bound to attend at the time and place mentioned in such summons and shall be paid his expenses according to the scale for the time being allowed to witnesses on

23

Patent for one

invention only.

Patent on

application of

representative of

deceased

i nventor.

Patent to first

inventor not

invalidated by

application in

fraud of him .

Assignment of patent for particular place.

Loss or

destruction of

patent.

Witnesses may

be summoned.

6/4 1 1 925.

(h)

1991 ED) PATENTS ACT [CAP 156

Proceedings and

costs before court.

6/411925.

Exhibition at

industrial or international

exhibition not to

prejudice patent

rights.

Power to rcquire

models on

paymcnt.

trials in the court, and shall continue in attendance until the matter shall have been disposed of, and produce any document in his power, possession, custody, or control which he shall by such summons be required to produce.

47. The ChiefJustice may from time to t ime make, alter, and rescind rules regulating reference and appeals to the court, and the practice and proceeding before the court underthis part, and in any proceedings before the court under this part, he may order costs to be paid by either party, and any such order may be made a rule of the court.

48. The exhibition ofan invention at an industrial or interna­ tional exhibition whether within or without Seychelles certified as such under the hand ofthe Registrar, or the publication ofany description ofthe invention during the period ofthe holding of the exhibition or the use ofthe invention for the purpose ofthe exhibition in the place where the exhibition is held or the use of the invention during the period ofthe holding of the exhibition by any person elsewhere, without the privity or consent of the inventor, shall not prejudice the right ofthe inventor or his legal personal representative to apply for and obtain provisional protection and a patent in respect ofthe invention or the validity ofany patent granted on the application, provided that both the foHowing conditions are compl ied with, namely:­

(a) The exhibitor must, before exhibiting the invention, give the Registrar the prescribed notice ofhis inten­ tion to do so;

The application for a patent must be made before or within six months from the date ofthe opening ofthe exhibition.

49. Where the invention is one which admits ofbeing repre­ sented by a model, the Registrar may require the patentee at his own expense to furnish him with a model of the invention.

24

199 1 ED] PATENTS ACT [CAP 156

50.( 1 ) The inventor of any improvements in inst ruments or munitions ofwar, h is executors, admini strators, or assigns (who are in this section comprised in the expression the inventor) may (either for or without valuable consideration) assign to the President, on behalfoftheRepublic, all the benefit ofthe invention and ofany patent obtained or to be obtained for the same; and the President may be a party to the assignment.

(2) The assignment shall effectually vest the benefit of the invention and patent in the President on behalf of the Republic, and all covenants and agreements therein contained for keeping the invention secret and otherwise shall be valid and effectual (not w ithstanding any want of valuable consideration) and may be enforced accordingly by the President for the time being.

(3) Where any such assignment has been made to the President he may at any time before the application for a p atent for the i nvention, or before the publication ofthe specificati on or speci­ fications, certify to the Registrar his opinion, that, in the i nterest of the public service, the p articulars of the invention and of the manner in which it is to be performed should be kept secret.

(4) Ifthe President so certify, the application and specification or specifications, with the drawings (ifany), and any amendment of the specification or specifications, and any copies of such documents and drawings, shall, instead of being left in the ordinary manner at the Registrar's office, be delivered to the Registrar in a packet sealed by authority of the President.

(5) Such packet shall, until the expiration of the term or extended term during which a patent for the invention may be in force, be kept sealed bytheRegistrar, and shall not be opened save under the authority of the President or of the court .

(6) Such sealed packet shall be delivered at any time during the continuance of the patent to any person authorised by writing under the hand ofthe President to receive the same and shall, if returned to the Registrar, be again kept sealed by him.

(7) On the expiration of the term or extended term of the

25

Assignment to

the President of certain in ven­

(ions.

S.1. 9511 975.

S.I . 72/ 1 976.

1991 ED] PATENTS ACT I CAP 156

50.( 1 ) The inventor of any improvements in instru ments or munitions ofwar, his executors, administrators, or assigns (who are in this section comprised in the expression the inventor) may (either for or without valuable consideration) assign to the President, on behalfoftheRepublic, all the benefit ofthe invention and ofany patent obtained or to be obtained for the same; and the President may be a party to the assignment

(2) The assignment shall effectually vest the benefit of the invention and patent in the President on behalf of the Republic, and all covenants and agreements therein contained for keeping the invention secret and otherwise shall be valid and effectual (not withstanding any want of valuable consideration) and may be enforced accordingly by the President for the t ime b eing.

(3) Where any such assignment has been made to the President he may at any time before the application for a p atent for the i nvention, or before the publication ofthe specification or speci­ fications, certify to the Registrar his opinion, that, in the i nterest of the public service, the particulars of the invention and of the manner in which it is to be performed should be kept secret.

(4) lfthe President so certify, the application and specification or specifications, with the drawings (ifany), and any amendment of the specification or specifications, and any copies of such documents and drawings, shall, instead of being left in the ordinary manner at the Registrar's office, be del ivered to the Registrar in a packet sealed by authority ofthe President

(5) Such packet shall, until the expiration of the term or extended term during which a patent for the invention may be in force, be kept sealed by the Registrar, and shall not be opened save under the authority of the President or of the court .

(6) Such sealed packet shall be delivered at any time during the continuance of the patent to any person authorised by writing under the hand ofthe President to receive the same and shall, if returned to the Registrar, be again kept sealed by him.

(7) On the expiration of the term or extended term of the

25

Assignment to

the President of certain in ven­

lions.

S.l. 951 1 975. S.I . 721 1 976.

1 99 1 ED) PATENTS ACT [CAP 156

patent, such sealed packet shall be delivered to any person authorised by writing under the hand ofthe Presi dent to receive it .

(8) Where the President certifies as aforesaid, after an appli­ cation for a patent has been left at the Registrar' s Office, but before the publication ofthe specification or specifications, the application, specification or specifications with the drawings (if any), shall be forthwith placed in apacket sealed by authority of the Registrar, and such packet shall be subject to the foregoing provisions respecting a packet sealed by authority ofthe Presi­ dent.

(9) No proceeding by petition or otherwise shall lie for revocation of a patent granted for an invention in relation to which the President has certified as aforesaid .

( I O) No copy of any specification or other document or drawing, by this section required to be placed in a sealed packet, shall in any manner whatever be published or open to the inspection of the public, but save as in this section otherwise directed, the provisions ofthis part shall apply in respect ofany such invention and patent as aforesaid .

( I 1 ) The President may, at any time by writing under his hand, waive the benefit of this section with respect to any parti cular invention, and the specifications, documents and drawings, shall be thenceforth kept and dealt with i n the ordinary way.

( I 2) The communication of any invention for any improve­ ment in instruments or munitions of war to the President or to any person or persons authorised by him to investigate the same or the merits thereof shall · not, nor shall anything done for the purpose of the investigation, be deemed use or publication of such invention so as to prejudice the grant or validity of any patent for the same.

26

1991 ED] PATENTS ACT [CAP 156

51.( 1) Any person being the grantee of a patent in the United Registration of Kingdom or any person deriving his right from such grantee by United Kingdom

assignment, transmission or other operation of law may apply Patents. 2/41 1 925.

within three years from the date ofissue ofthe patent to have such 2/91 1 933. patent registered in Seychelles . Where any partial assignment or 2 1 1 3 1 1 95R.

transmission has been made, al l proper parties shal l be j oined in 3/231 1 976.

the application for registration.

(2) EveI)' application under this section shall be accompanied by a certified copy ofthe specification or specifications (including drawings, ifany) of the United Kingdom patent and a certificate ofthe Comptroller General ofthe United Kingdom Patent Officer giving full particulars ofthe issue ofthe patent on such specifica­ tion or specifications; together with such further evidence as the Registrar may require to prove that the applicant is the bonafide holder of the patent, and that the patent is in ful l force.

( 3 ) Upon such application being received, together with the documents mentioned in subsection (2), the Registrar shall report thereon to the President who will thereupon grant a cert ificate of registration under the public seal of Seychelles.

(4) Such certificate ofregistration shall confer on the applicant privileges and rights subject to all conditions established by the law ofSeychelles as though the patent had been i ssued under this Act .

(5 ) Privileges and rights so granted shall date from the date of the patent in the United Kingdom and shall continue in force only so l ong as the patent remains in force in the United Kingdom:

P rovided that no action for infringement shall be entertained in respect of any manufacture, use or sale of the invention prior to the date of issue of the certificate of registration in SeycheJles.

(6) The court shall have power upon the application of any person who alleges that his interests have been prejudicial ly affected by the issue ofa certificate ofregistration, to declare that the exclusive privileges and rights conferred by such certificate of registration have not been acquired on any ofthe grounds upon which a patent might be revoked under this Act.

27

1 991 ED] PATENTS ACT [CAP 156

International

arrangements for

protection of

invention s ,

3/23 1 1 97 6 ,

Such grounds shall be deemed to include the manufacture, use or sale of the invention in Seychelles before the priority date applicable to the patent in the United Kingdom, but not to include the manufacture, use or sale ofthe invention in Seychelles by some person or persons after the priority date applicable to the patent in the United Kingdom and before the date of issue of the certificate of registration under subsection (3) .

For the purpose of this subsection the expression "priority date" in its application to a patent in the United Kingdom has the meaning assigned to it in section 5 of the Patents Act, 1 949 of the United Kingdom.

(7) Whenever the specification or drawings of a United Kingdom patent registered in Seychelles has been amended by way ofdisclaimer, correction or explanation, according to the law ofthe United Kingdom, a request, accompanied by a copy of the specification and drawings (if any) as amended, duly cenified by the Comptroiier General of the United Kingdom Patent Office, may be made to the Registrar to substitute a copy ofthe specification and drawings as amended, for the specifica­ tion and drawings originally fi led ,

(8) Where a person becomes entitled by assignment, trans­ mission, or other operation of law to the privileges and rights conferred by a certificate of regi strat ion or to any interest therein, he may make appl ication in the prescribed manner to the Registrar for the entry on the Register of such assignment, transmission, or other instrument affecting the title, or giving an i nterest therein ,

52( 1 ) IfHer Majesty is pleased , by Order in Council , to apply the provisions of section 9 1 of the Patents and Designs Act, 1907 of the United Kingdom, as amended by the Patents and Designs Act, 1 9 1 4 ofthe United Kingdom, to Seychelles, then any person who has applied for protection for any invention in any foreign State with the Government of which Her Majesty has made arrangements under the said section for mutual protection ofinventions, or his legal representative or assignee,

28

1 991 ED) PATENTS ACT I CAP 156

shall be entitled to a patent for his invention under this Act, in priority to other applicants; and such patent shall take effect from the samedate as the date ofthe application in such foreign States.

(2) Such application shall be made within twelve months from such person applying for protection in the foreign S late with which the arrangement is in force .

(3) Nothing in this section contained shal l entitle the patentee to recover damages for infringements happening prior to the date ofthe actual acceptance ofhis complete specification in Seychel les .

(4) The publication in Seychelles during the period aforesaid of any description of the invention or the use therein during such period ofthe invention shall not inval idate the patent granted for the invention.

(5) The application for the grant of a patent under this section shall be made in the same manner as an ordinary application under this Act.

(6) The provisions ofthis section shall apply only in the case of those foreign States with respect to which Her Majesty from time to time, by Order in Council declares the provisions of the aforesaid section 9 1 of the Patents and Designs Act, 1 907, as amended by the Patents and Designs Act, 1 9 1 4, to be appl icable, and so long only in the case ofeach State as such Order continues in force with respect to that State.

53. The Minister may make regulations for carrying into effect the provisions ofthis Act; and for regulating the amount, collec­ tion, and disposal of the fees in the schedules hereto .

54. Nothing in this Act shall take away, abridge, or prejudi­ cially affect the prerogative of the Republic in relation to the granting of any letters patent or to the withholding of a grant thereof.

29

Duration of

protectio n .

Infringement.

Use within

certain period

not to invalidate

grant .

Manner of

applying for

grant of patent.

Application of

this section to

foreign states.

3/411 92 5 .

4/411 92 5 .

Minister may

make rcgula­

tions.

S.I . 95/1 975.

31231 1 97 6 .

Saving for

prerogative.

S.I 721 1 976.

3/231 1 97 6 .

1 99 1 ED] PATENTS ACT [CAP 156

SCHEDULES

FIRST S CHEDULE

[SECTION 5]

Forms ofApplication, etc.

FORM A

Form ofApplicationfor Patent

I, (a) . . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . . i n . . . . . . . . . . . . . . . . . . . . . . . . . do solemnly and sincerely declare that I am in possession of an invention for (b) . . . . . . . . . . . . that I am the true and first inventor thereof, and that the same is not in use by any other person or persons to the best ofmy knowledge and belief; and humbly pray that a patent may be granted to me for the said invention.

And I make the above solemn declaration conscientiously beiieving the same to be true, etc .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Declared at . . . . . . . . . . . . . . . . . . . . . , in . . . . . . . . . . . . . . . . . . . . . this . . . . . . . . . . . . . . . . day of 1 9 . . . . . . .. . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Note.- This declaration must be accompanied by the state­ ment of an address i n the town of Victoria in the Seychelles I slands for the reception of all notices and other communica­ tions with respect to the application or invention.

(a) Here insert name, address, and cal l ing of inventor.

(b) Here insert title of invention.

(c) Signature of inventor.

(d) Signature and title of the officer before whom the declaration is made.

3 0

1991 ED] PATENTS ACT [CAP 1 56

FORM E

Fonn (?fPro visional ,\jJcc(fication

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I , (b) . . . . . . . . . . . . . , of . . . . . . . . . . . . . . . . , in . . . . . . . . . . . . . . . do hereby declare the nature of my invention for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . to be as fol lows (c) ­

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dated this . . . . . . . . . . . . . . . . . . day of 19 . . . . .. . . . . . . . . . .

(a) Here insert title as in declaration.

(b) Here insert name, address, and calling ofinventor as in declaration .

(c) Here insert short description of invention.

(d) Signature of inventor.

FORM e

Form ( fCofllplclc ,\jJcC(fiCalion

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I, (b) . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . in . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . do hereby declare the nature ofmy invention for . . . . . . . . . . . . . . . . . . . . . . . and in what manner the same is to be performed, to be particularly described and ascertained in and by the following statement (c) ­

(a) Here insert title as in declaration .

(b) Here insert name, address, and call ing ofinventor as to declaration.

(c) Here insert full description of invention .

Having now particularly described and ascertained the nature of

3 1

1991 ED] PATENTS ACT [CAP 156

my said invention and in what manner the same is to be performed, I declare that my claim is (d) ­

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 . etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dated this . . . . . . . . . . . day of 1 9 . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .

(d) Here state distinctly the features ofnovelty claimed.

(e) Signature of inventor.

FORM D

Form ofPatent

By the President :

To all to whom these Presents shall come, greeting:

WHEREAS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of . . . . . . . . . . . . . . . . . . . . . . . , hath by his solemn declaration represented unto methat he is in possession ofan invention for . . . . . . . . . . . . . . . . . . . . . . . . that he is the true and first inventor thereof and that the same is not in use by any other person to the best of his knowledge and belief.

AND WHEREAS the said inventor hath humbly prayed that I would be pleased to grant unto him (hereinafter together with his executors, administrator and assigns, or any of them, re­ ferred to as the said patentee) letters patent in the name of the Republic for the sole use and advantage of his said invention within S eychelles:

AND WHEREAS the said inventor hath by and in his com­ plete specification particularly described the nature of his invention :

Know ye, therefore, that I , i n the name and on behalf of the

3 2

199 1 ED] PATENTS ACT [CAP 156

Republic, do, by these Presents, give and grant unto the said patentee my special licence, ful l power, sole privilege, and authority, that he the said patentee by himself, his agent, or l icenses, and no others, may at all t imes hereafter, during the term ofyears herein mentioned, make, use, exercise and vend the said invention within . . . . . . . . . . . . . . . . . . . . . . in such manner as to him or them may seem meet, and that the said patentee shall have and enjoy the whole profit and advantage from time to time accruing by reason ofthe said invention, during the term of fourteen years from the date hereunder written of these Presents: and to the end that the said patentee may have and enjoy the sole use and exercise and the full benefit ofthe said invention, I do by these Presents require and strictly command all and every person and persons, bodies polit ic and corporate, and all others of what estate, quality, degree, name, or condition soever they be within Seychelles that they do not at any time during the continuance ofthe said term offourteen years, either directly or indirectly, make use of or put in practice the said invention,or any part ofthe same, nor any wise imitate the same, nor make or cause to be made any addition thereto or subtraction therefrom, whereby to pretend themselves the inven­ tors thereof, without the consent, l icence, or agreement ofthe said patentee in writing under his hand and seal, on pain of incurring such penalties as may bejustly inflicted on such offenders for their contempt and ofbeing answerable to the sai d patentee according to law for his damages thereby occasioned : Provided always and these letters patent are on this condition, that, ifat any time during the said term it be made to appear to the Court that this grant is contrary to law, or prejudicial or inconvenient to the public in general, or that the said invent ion i s not a new invention as to the public use and exercise thereofor that the said patentee i s not the first and true inventor thereof within Seychelles, these letters patent shall forthwith determine, and be void to all intents and purposes notwithstanding anything hereinbefore contained : Pro­ vided also, that if the said patentee shall not pay all fees by law required to be paid in respect of the grant ofthese letters patent, or in respect ofany matter relating thereto at the time or times and in manner for the time being by law provided; and also if the said patentee shall not supply or cause to be supplied for the service

33

1 99 1 ED] PATENTS ACT [CAP 1 56

of the Republic all such articles of the said i nvention as may be

required by the officers administering any Govemment depart­

ment in such manner, as such times, and at and upon such

reasonable price and tenns as shall be settled for that purpose by the President, then, and in any of the said cases , these letters

patent, and all privileges and advantages whatever hereby

granted shall detennine, and become voi d , notwithstanding

anything hereinbefore contained: Prov ided also, that nothing

herein contained shal l prevent the granting of l icences i n such

manner and for such considerations as they may by law be

granted: and lastl y, I do by these Presents in the name and on

behalf of the Republic grant unto the said patentee that these

letters patent shal l be construed in the most beneficial sense for

the advantage of the said patentee.

In witness whereof I have caused these o u r letters to be made

p atent th i s . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . o ne thousand nine

hundred and . . . . . . . . . . . . . . . . . . and to be sealed and dated as of the

said . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . one thousand n ine hundred ancl

. . . . . . . . . . . . . . . . . . . . in the . . . . . . . . . . . . . . . . . . . . year.

S ECOND SCH EDU LE

[ SECTION 2X I

FEES TO B E PAID IN R ES PECT OF T H E S EVERAL

MATTE RS H EREUNDER SPECI F I ED.

Rs. Cts.

For every appl ic ation for a patent

accompanied by a provis i onal

spec ification on ly . . . . . . . . . . , . . . . . . . . . . 1 5 00

Examiner 's fee on reference of

appl ication w i th provi s ional

speci fication not exceed i n g .. . . . . . . . 3 1 5 0

For cvclY appl icat i on for a p atcnt

accompan ied by a comp lete s pec ificat ion 40 00

34

1 99 1 EDJ PATENTS ACT [CAP 1 56

Rs. Cts .

On filing complete specification after

provisional specification . . . . . . . . . . . . . . . 25 00

Examiner' s fee o n reference of complete

specification, not exceeding . . . . . . 3 1 50

O n extending the time for leaving

complete specification . . . . . . . . . . . . . . . . . . 2 5 0

On extending the time for acceptance of

complete specification . " . . . . . . . . . . . . . . . 2 5 0

On every p aten t before the expiration of

four years from its date . . . . . . . . . . . . . . . 500 0 0

And further before the expiration of

seven years . . . . . . . . . . . . . . , . . . . . . . . . . . . 1 ,000 0 0

Or i n l ieu of the fees of Rs.500 and

Rs. 1 ,000 the fol lowing annual fees

before the expiration of the fourth

year from the date of the patent 1 00 0 0

" " " fifth " l OO OD

" " sixth l OO 00

" " seventh " " l OO 00

" " ei ghth " 1 5 0 OD

" " " nin th " " 1 5 0 OD

" " " tenth 200 OD

" " eleventh " " " 200 00

" " " twelfth " 200 OD

" " thirteenth 200 OD

On fil ing every amended or substituted

specification . . . . . . . . . . . . . . . . . . . . . . . . 1 0 OD

35

1 99 1 ED] PATENTS ACT [CAP 156

Rs. Cts.

On n otice of opposition to grant of patent 5 25

On every summons to witness . . . . . . . . . . . . 2 50

On hearing of every opposed application 1 0 00

On extension of patent 200 00

On fil ing every disclaimer or memorandum

o f alteration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 00

For every office copy (including the seal)

per fol io of seventy two w ords 25 00

On fil ing every certificate voiding a

p aten t . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 0

On deposit of any assignment deed, l icence,

or other document affectin g proprietor-

s h ip of p atent . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 0 0

O n delivering triplicate patent after loss ,

etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 00

On every search, including i nspection . . . 25

Annual fees for l icence to pate n t agent 25 00

Certified copies of extracts seal ,

at per folio . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50

For every matter or th i n g not above

provided for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 0

For a certificate of registrati on of a patent

granted or issued i n the Uni ted Kingdom 1 5 0 0

N O SUBSID I ARY LEG ISLATION

36


Legislación Es derogado por (1 texto(s)) Es derogado por (1 texto(s))
Datos no disponibles.

N° WIPO Lex SC006