Patents, Designs and Trade Marks. |Ch. 31. No. 18. .

(6) any person alleging that the patent was obtained
in fraud of his rights, or of the rights of any person
under or through whom he claims;

(c) any person alleging that he, or any person under
or through whom he claims, was the true inventor of
any invention included in the claim of the patentec;

(d) any person alleging that he, or any person under
or through whom he claims an interest in any trade,
business, or manufacture, had publicly manufactured,
used, or sold within the Colony, before the date of the
patent, anything claimed by the patentee as his
Invention.

11. (1) In any action or proceeding for the infringement
or revocation of a patent, the plaintiff or petitioner must
deliver with his statement of claim or petition particulars of
the breaches complained of or the objections on which he
means to rely, and a defendant must deliver with his state-
ment of defence particulars of any objections on which he
relies, and no evidence, except by leave of the Court or a
Judge, shall be admitted in proof of any breach or objec-
tion of which particulars are not so delivered.

(2) Particulars delivered may be from time to time
amended, by leave of the Court or a Judge.

(3) When a patent has been revoked on the ground of
fraud, the Registrar may, on the application of the true
inventor, made in accordance with the provisions of this
Ordinance, grant to him or his agent a patent according to
the form in the Schedule to this Ordinance in lieu of and
bearing the same date as the date of revocation of the patent
so revoked, and a copy of such patent shall be inserted by
the Registrar in the Royal Gazette; but the patent so granted
shall cease on the expiration of the term for which the
revoked patent was granted.

(+) No proceeding shall lic for revocation of a patent
vested in His Majesty’s Secretary of State for War for the
time being, except by consent of the Governor.

12. (1) A patent shall have to all intents the like effect
against His Majesty as it has against a subject.

941

Procedure.

Rights of
the Crown.