This Act was repealed on 2015-03-01 by Industrial Property Act, 2014.
- Commenced on 3 March 1901
- [This is the version of this document at 1 December 2014.]
- [Repealed by Industrial Property Act, 2014 (Act 7 of 2014) on 1 March 2015]
1. Short titleThis Act may be cited as the Patents Act.
2. InterpretationIn this Act, unless the context otherwise requires, the following words and expressions shall have or include the meaning hereinafter assigned to them:"court" means the Supreme Court;"examiner" shall mean any skilled person or persons to whom the Registrar shall 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;"Registrar" means the person appointed by the President to be the Registrar of Patents for the purposes of this Act;*"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 legislative authority in the British possession and where there are local legislatures as well as 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 is 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 to whom such invention has been communicated by the actual inventor, his legal representatives, or assigns; but shall not include a person importing an invention from any other colony or country without the authority of the actual inventor, his legal representatives, or assigns.
3. Provision for absence of RegistrarAny 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. Persons entitled to apply for patent
5. Applications and specification
6. Registrar may refer application to examinerThe Registrar shall, if he thinks fit, refer any application to an examiner, who shall ascertain whether the nature of the invention has been fairly described and the application, specification and drawings (if any) have been prepared in the prescribed manner, and the title sufficiently indicates the subject matter of the invention, and shall report thereon to the Registrar.
7. Power for Registrar to refuse application or require amendment
8. Time for leaving complete specification
9. Comparison of provisional and complete specification
10. Advertisement on acceptance of complete specificationOn the acceptance of the complete specification the Registrar shall advertise the acceptance in the Gazette, and the application and specifications or specifications with the drawings (if any) shall be open to public inspection.
11. Opposition to grant of patent
12. Specifications, etc., not to be published unless application acceptedWhere 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. Sealing of patent
14. Date of patentEvery 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.
15. Provisional protectionWhere an application for a patent in respect of an invention has been accepted, the invention may during the period between the date of the application and the date of sealing such patent, be used 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. Effect of acceptance of complete specificationAfter the acceptance of a complete specification and until the date of sealing a patent in respect thereof, or the expiration of the time for sealing, the applicant shall have the like privileges and rights as if a patent for the invention had been sealed on the date of the acceptance of the complete specification: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.
17. Granting of letters patent by the PresidentAll letters patent for inventions under this Act shall be granted by the President in the name of the Republic, under the public seal of Seychelles.
18. Power to grant patents jointly, though some grantees are not inventorsA patent may be granted to several applicants jointly, although some or one of them only are or is the true and first inventors or inventor.
19. Extent of patentEvery patent, when sealed, shall have effect throughout Seychelles.
20. Term of patent
21. Restoration of lapsed patents
Amendment of specification
22. Amendment of specification
23. Power to disclaim part of invention during action, etc.In an action for infringement of a patent, and in a proceeding for revocation of a 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 shall be postponed.
24. Restriction on recovery of damagesWhere an amendment by way of disclaimer, correction, or explanation has been allowed under this Act, no damages shall be given in any action in respect of the use of the invention before the disclaimer, correction, or explanation, unless the patentee establishes to the satisfaction of the court that his original claim was framed in good faith and with reasonable skill and knowledge.
25. Advertisement of amendmentsEvery amendment of a specification shall be advertised in the Gazette.
26. Power for President to order grant of licencesIf on the petition of any person interested it be proved to the President that, by reason of a default of a patentee to grant licences on reasonable terms
Register of patents
27. Register of patents
28. Fees in scheduleThere 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 levied and paid to the credit of the general revenue of Seychelles.
Extension of term of patent
29. Extension of term of patent on petition to the President
30. Revocation of patent
31. Patent to bind the RepublicA patent shall have to all intents the like effect as against the Republic, as it has against a subject.
32. Use of patented inventions for services of the Republic
33. Reference of disputes as to use by the Republic
34. Special provision as to the use by the Republic during emergency
35. Hearing with assessors
36. Delivery of particulars
37. Order for inspection, etc., in actionIn an action for infringement of a patent, the court may, on the application of either party, make such order for an injunction, inspection, or account, and impose such terms and give such directions respecting the same and the proceedings thereon as the court may see fit.
38. Certificate of validity questioned and costs thereonIn an action for infringement of a patent, the court may certify that the validity of the patent came in question; and, if the court so certify, then in any subsequent action for infringement, the plaintiff in that action, on obtaining a final order or judgement 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. Remedy in case of groundless threats of legal proceedingsWhere any person claiming to be the patentee of an invention, by circulars, advertisements, or otherwise, threatens any other person with any legal proceedings or threats of liability in respect of any alleged manufacture, use, sale, or legal purchase of the invention, 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, if the alleged manufacture, use, sale, or purchase to which the threats related was not in fact an infringement of any legal rights of the 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.
40. Licensed patent agents*It shall be lawful for the Registrar with the sanction of the Minister, to license fit and proper persons to be patent agents for transacting business under the provisions of this Act, and upon proof to the Registrar's satisfaction of the malfeasance or incapacity of any such licensed patent agent, or on non payment of any annual fee for any such licence, as prescribed by the Second Schedule, and with such sanction as aforesaid, to revoke any such licence.
41. Patent for one invention onlyEvery 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. Patent on application of representative of deceased inventor
43. Patent to first inventor not invalidated by application in fraud of himA patent granted to the true and first inventor shall not be invalidated by an application in fraud of him, or 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. Assignment of patent for particular placeA patentee may assign his patent for the whole of Seychelles or any place in or any part thereof.
45. Loss or destruct of patentIf a patent is lost or destroyed, or its non production is accounted for to the satisfaction of the Registrar, the Registrar may at any time cause a triplicate thereof to be sealed and delivered to the person entitled thereto.
46. Witnesses may be summonedFor the purpose of any application or opposition or other matters requiring the decision of the Registrar or the court they or either of them may, and at the request of any party to be heard, shall cause summonses under the seal of the court to be issued 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 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. Proceedings and costs before courtThe Chief Justice may from time to time make, alter, and rescind rules regulating reference and appeals to the court, and the practice and proceeding before the court under this part, and in any proceedings before the court under this Act, he may order costs to be paid by either party, and any such order may be made a rule of the court.
48. Exhibition at industrial or international exhibition not to prejudice patent rightsThe exhibition of an invention at an industrial or international exhibition whether within or without Seychelles certified as such under the hand of the Registrar, or the publication of any description of the invention during the period of the holding of the exhibition or the use of the invention for the purpose of the exhibition or the use of the invention for the purpose of the exhibition in the place where the exhibition is held or the use of the invention during the period of the holding of the exhibition by any person elsewhere, without the privity or consent of the inventor, shall not prejudice the right of the inventor or his legal personal representative to apply for and obtain provisional protection and a patent in respect of the invention or the validity of any patent granted on the application, provided that both the following conditions are complied with, namely:
49. Power to require models on paymentWhere the invention is one which admits of being represented by a model, the Registrar may require the patentee at his own expense to furnish him with a model of the invention.
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 regulationsThe Minister may make regulations for carrying into effect the provisions of this Act; and for regulating the amount, collection, and disposal of the fees in the schedules hereto.
54. Saving for prerogativeNothing in this Act shall take away, abridge, or prejudicially affect the prerogative of the Republic in relation to the granting of any letters patent or to the withholding of a grant thereof.
History of this document
01 March 2015
Repealed by Industrial Property Act, 2014
01 December 2014 this version
03 March 1901