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 PATENTEES' MANUAL, 
 
 BHOWinO 
 
 HOW TO INVENT, AND THE MANNER OF SECUBINQ THE INVENTION 
 
 BY LETTERS PATENT 
 nr 
 
 CANADA AND FOREIGN COUNTRIES : 
 
 COKTAIIfi.<U ALSO 
 
 * 
 
 THE PATENT, TRADE MARK, DESIGN AND COPY-RIGHT LAWS 
 
 OF THE 
 
 DOMINION OF CANADA, 
 
 WITH 
 
 SYNOPSIS OF PATENT LAWS 
 
 OF ALL COUNTRIES, 
 
 AND COST OF PATENTS IN EACH. 
 
 XT 
 
 CHARLES LEGGE AND COMPANY, 
 
 Solicitors qf Patents and Civil Engineers, 
 48 Great St. James Street, Montreal. 
 
 (THIBD EDITION, GREATLY BSLABOEO.) 
 PRICE 81. 
 
 \ 
 
 Potttveat : 
 
 PRINTED BY JOHN LOVELL, ST. NICHOLAS STREET. 
 
 1870. 
 
:■ I V ■ ■ 1 ■ 
 
 i'';?r',;K ; .'/V.A'.f-'-) 
 
 Entered according to Act of Farliament of Canada, in the year 1870, by Chables Leqob, 
 in the office of the Minister of Afi^iculture. 
 
 Mr. E. W. Plnnlcett, C.E. and Solicitor of Patente, late of this city, owing to engagements 
 in the United States, has transferred his business to this office. Any of that gentleman's 
 fbrmer clients, who may entrust us with their applf cations, may rest assured of the like skill 
 and can being exercised in their interest, as beatowed by their late profS»sional adviser. 
 
 MosTBBAL, May, 1870. 
 
PRELIMINARY REMARKS TO INVENTORS. 
 
 The enormous development in all which appertains to the indus- 
 trial and useful pursuits is undoubtedly the greatest wonder of the 
 present age — an epoch which has no rival or competitor in all 
 those now numbered with the past, in the rapid progress made in 
 arts and sciences, as well as in all which relates to the mental, moral 
 and physical well-being of the human race. To what can this pro- 
 gress be attributed, but to the inventive genius which so eminently 
 characterizes the times in which we live. To what more than the 
 fbstering care with which Great Britain, France, and the United 
 States, surround their children of genius, can their present proud 
 positions in the van of nations be attributed — a guardian protec- 
 tion, which also, in a broad and liberal spirit, throws its mantle 
 over the struggling genius of all nations, in extending to foreign 
 inventors the privileges "their own children obtain. 
 
 Statesmen and warriors may indeed claim our admiration for 
 patriotic services rendered the state, but our unqualified respect and 
 deepest gratitude must be awarded to the more humble and unaspir- 
 ing citizens, who have given to the whole world steam power 
 on sea and on land, in all its ramifications ; the spinning jenny 
 and weaving loom ; the electric telegraph Hashing intelligence 
 to earth's remotest bounds; ploughing, sowing, reaping, and 
 threshing machinery, with all the thousands of mechanical 
 apphances for lessening human labour, and with God's blessing 
 ameliorating . the sentence pronounced against man, that "From 
 henceforth he should earn his bread by the sweat of his brow." 
 To such men, in their character of inventors, humble instruments 
 though they be, of our Benevolent and Loving Creator, may we 
 yield respect for the good which flows from the work of their 
 
 H'i'K 
 
hands. It is well and proper that paternal governments should 
 give them that encouragement and reward they so eminently 
 merit. So much has the propriety of this course been felt, that in 
 the present day, amongst nearly all civilized nations, a greater or 
 lesser amount of protection is given to all inventors who choose to 
 avail themselves of its services, the amount levied by the Govern- 
 ment from the inventor being merely a nominal sum to cover the 
 cost of examining the applications and issuing the patent which, 
 in various countries, extends over the periods to be mentioned in 
 an after part of this work. 
 
 HOW TO INVENT. 
 
 If we were asked to point out the course of life, business or enter- 
 prise upon which any man of ordinary gifts might enter with the 
 best prospects of speedy success, we would unhesitatingly direct 
 him to invention. Many and wonderful have been the achievements 
 of modem genius, as has before been mentioned. But the realm of 
 invention i» absolutely exhaustless, and only its outer edges have 
 been explored. The world has yet to witness the most astounding 
 triumphs of mind over matter. 
 
 It is a popular error to suppose that much knowledge, painful 
 effort, constant disappointment, and many wearisome failures are the 
 necessary preliminaries of an inventor's success. True there are 
 individual examples of this kind ; they are exceptions. 
 
 It may be affirmed as the general rule, that inventors make money 
 more quickly, more easily and with less expenditure of thought, 
 capital, or labour, than any other class of men, 
 
 It may also be affirmed that industrial enterprises and specula- 
 tions which are connected with the development and introduction of 
 new inventions, are among the most sure and profitable investments 
 which can be made. 
 
 The readiest way to invent is to keep thinking, In order to sup- 
 ply the mind with a constant succession of subjects, the inventor 
 should cultivate habits of observation. Keep your eyes and ears 
 open, examine things about you, and seek to know how they are 
 made, and how improved. 
 
 The young inventor should acquire a knowledge of the general 
 
reneral 
 
 laws and principles of natural philosophy, chemistry, and all the 
 Bcienceo. 
 
 Leisure hours might be occupied with drawing and with books 
 suggestive of improvements. To avoid waste of time in reproducing 
 old devices, the inventor should be well posted in regard to inven- 
 tions which have already been patented. For this purpose an atten- 
 tive study of mechanical journals will be J'lmost indispensable. 
 
 A leading paper makes the following useful remarks : " Of course, 
 in order to succeed, a new invention must be superior to anything 
 that has preceded it, and must be sold at a price that will enable 
 it to be brought into general use. People cannot afford to throw 
 away old implements unless the new ones are enough better to 
 make up for the loss. Let inventors produce a good article, at a 
 moderate price, and they will be sure of success." 
 
 SMALL INVENTIONS MOST PROFITABLE. 
 
 In an oflScial report of a chief examiner of the Umted States 
 Patent Office we find the following :— " A patent, if it is worth any- 
 thing, when properly managed is worth and can easily be sold for 
 from ten to fifty thousand dollars. These remarks only apply to 
 patents of minor or ordinary value ; they do not include such as 
 the telegraph, the planing machine, and the rubber patents, which 
 are worth millions each. A few cases of the first kind will better 
 illustrate my meaning: — 
 
 " A man obtained a patent for a slight improvement in straw- 
 cutters, took a model of his invention through the Western States, 
 and after a tour of eight months, returned with forty thousand 
 dollars in cash, or its equivalent. 
 
 " Another inventor obtained extension of a patent for a machine 
 to thresh and clean grain, and sold it in about fifteen months for 
 sixty thousand dollars. A third obtained a patent for a printer's 
 ink, and refused fifty thousand dollars, and finally sold it for about 
 sixty thousand dollars. 
 
 *' These are ordinary cases of minor invention, embracing no 
 very considerable inventive powers, and of which hundreds go out 
 from the Patent Office every year. Experience shows that the 
 most profitable patents are those which contain very little real 
 invention, and are to a superficial observer of little value." 
 
' 
 
 HOW TO OBTAIN PATENTS. 
 
 A point of great importance to an inventor, who may b& 
 desirous of securing a patent, is to know the steps to be fol- 
 lowed for obtaining the same in the manner required bj law, or 
 to place himself in a position for obtaining advice from a skilled 
 person, who makes the subject of patents a specialty both in a 
 mechanical and legal point of view, and who is therefore qualified 
 to give an opinion on any point about v Iiich information is sought, 
 and who may be able to prepare the required drawings, specifica- 
 tions, and other documents in connection with the application in a 
 skilful and correct manner, file the same at the Patent Office, and 
 attend to the business on behalf of his client, until the patent is 
 obtained. 
 
 To the foregoing qualifications should be added one of equal 
 importance, viz., thorough honesty of purpose in attending to the 
 client's interest. 
 
 In connection with the foregoing remarks, we may be permitted 
 a few words personal to ourselves. 
 
 We have now been engaged for over ten years in the important 
 business of soliciting patents, and number our clients by thousands 
 throughout the Dominion, United States, Great Britain, France, and 
 other parts of the world. There is great satisfaction in stating 
 that we have never yet lost a client through any want of skill or of 
 attention to his interests. The speed with which we transact our 
 business at the various Patent Offices, is due to the correct and 
 beautiful manner in which the various specifications and drawings 
 are prepared, to our personal i^quaintance with the government 
 officials, and to the large number of patents we are instrumental in 
 obtaining, which give us, so to speak, the right of way. 
 
 We do not wish to draw invidious comparisons with other solici- 
 tors, but in justice to ourselves, state the mere simple fact that more 
 patents are obtained through our agency than through that of all 
 other Canadian solicitors. 
 
 In many instances cases have been bought under our notice, of 
 applications having been made through inexperienced or dishonest 
 solicitors, in which from six to twelve months have elapsed before the- 
 patents were obtidned, while in other cases they were not obtained 
 
solici-^ 
 
 more 
 
 of aU 
 
 at all. A delay like this is fatal to the interests of the inyentor. We 
 pride ourselves on the successful management of our clients* applica- 
 tions, in fact, regard their interests as our own, being sure, that if they 
 have reason to be pleased with our promptness and skiU in obtaining 
 one patent, additional business will come in the form of fresh appli- 
 cations, either from themselves, or from their friends. We wish to 
 make the name of our firm <' a household word" for skill, probity and 
 dispatch, wherever inventive and mechanical genius exist, and are 
 fast doing so. 
 
 The senior member of our firm is a civil en^eer of great expe- 
 rience in drawing up the applications, both in a mechanical and 
 legal point of view ; the drawings are prepared by skilled draughts- 
 men, under his immediate supervision. Our clients may rest assured, 
 therefore, that the work will be cf rrectly and well p^^ormed. 
 
 We are in almost daily communication with the lea^ng manufac- 
 turers in the Dominion, many of whom are our clients, and have excel- 
 lent opportunities of bringing inventions under their notice, after the 
 patents have been obtained, and do so, if requested by the patentee. 
 In this manner many good sales of patent rights have been made 
 through our instrumentality. Our offices are, in fact, the head quar- 
 ters in Canada for obtaining and giving information on all subjects 
 appertaining to the mechanical arts and manufactures, and should 
 be visited by all inventors, whether desirous of obtaining patents or 
 not. A cordial invitation is tendered, and a courteous reception 
 given to visitors, whether inventors or not. 
 
 We give a list of a few of our principal clients for whom patents 
 have been obtained in Canada and in Foreign countries, to whom 
 we beg to refer those requiring services, for information as to the 
 manner in which their business has been transacted. 
 
 GENERAL REMARKS ON THE DOMINION PATENT 
 
 LAW. 
 
 With the foregoing remarks, we will now proceed to give such 
 information with reference to the new patent law of the Dominion 
 of Canada, as will enable a person to determine if he can make 
 application for a patent, under its provisions, and if so, to indicate 
 the steps he should take in order to secure the same. This law 
 came in force on the 1st of July, 1869, and abrogated the local 
 
8 
 
 Provincial laws which, previously to that time, had been in force in 
 the different Provinces — patents granted under those late laws, will, 
 however, still continue in force in the Provinces for which they were 
 granted, for the unexpired periods they have to run. It will also be 
 seen that under certain conditions those local patents may be 
 extended over the entire Dominion. 
 
 Durmg the passage of the Patent bill through Parliament strong 
 efforts were made to obtain a more liberal law than the one we now 
 publish — a law which would assimilate with those of other civilized 
 countries, in not demanding residence as a necessary preliminary 
 to the application for a patent, and also in extending the right of a 
 patent to all inventors, irrespective of nationality. This last condi- 
 tion was carried, but the first failed. Prior residence of one year, 
 immediately before making the application, being required, but 
 without reference to nationality of the inventor or applicant ; the 
 Government holding out a promise that prior residence would also 
 be dispensed with, on the passage of the Reciprocity Treaty with 
 the United States, then in contemplation. We have since that 
 time made earnest efforts, by circulating petitions to Parliament, for 
 signature, over the entire Dominion, praying that this clause 
 might be struck off the statute book, without success ; but it is 
 hoped that the time will soon arrive when our legislators will 
 become sufficiently enlightened to remove this relict of the dark 
 ages from our patent law. 
 
 BRIEF SYNOPSIS OF PATENT LAW. 
 
 The following brief synopsis of the existing patent law of the 
 Dominion is given, and the reader is referred to the appendix, 
 where the act is published at length, for additional information. 
 Sbo. 6. Any inventor who has resided one year in the Dominion, 
 immediately prior to his application, may obtain a patent. 
 Sec. 7. The application must be made within six months of the 
 date of his foreign patent, supposing one has been ob- 
 tained. 
 Sbo. 8. Representative of inventor may obtain a patent. 
 Seo. 9. Patents granted for improvements on existing machines, &c« 
 
in in force in 
 ite laws, will, 
 ch they were 
 t will also be 
 Bnts may be 
 
 iment strong 
 3 one we now 
 ther civilized 
 \f preliminary 
 the right of a 
 iis last condi- 
 of one year, 
 required, but 
 pplicant; the 
 e would also 
 ' Treaty with 
 re since that 
 arliament, for 
 t this clause 
 ss ; but it is 
 eislators will 
 t of the dark 
 
 law of the 
 le appendix, 
 rmation. 
 he Dominion, 
 tain a patent. 
 
 lonths of the 
 has been ob- 
 
 nt. 
 lachines, &;c« 
 
 
 Sec. 10. Joint applications to be made by joint inventors, and 
 
 patents issue accordingly. 
 Sec. 11. Oath or affirmation as to invention must be made by 
 
 applicants. 
 Sec. 12. Applicant to elect a domicile in Canada. 
 Sec< 13. Nature of petition, specifications to be in duplicate, 
 
 clearly describing the character and operation of the 
 
 invention or discovery. 
 Sec. 14. Drawings to be furnished in duplicate with references. 
 Sec. 16. Good neat working model of invention, or samples of 
 
 ingredients, if a discovery, required by the Patent Office. 
 Sec. 16. Describes the contents of the patent and powers granted 
 
 thereby. 
 Sec. 17. Gives duration of patent, in three periods of five years 
 
 each, renewable on certain conditions. 
 Sec. 18. Patent to be examined and certified by Minister of 
 
 Justice before delivery. 
 Sec. 19. In case of error the commissioner may cause a new 
 
 patent to be issued. 
 Sec. 2C , Patentee may make disclaimer, under certain conditions, 
 
 and balance of claim hold good. 
 Sec. 21. Government of Canada may use any patented invention 
 
 by making reasonable compensation. 
 Sec. 22. Patents to be assignable in whole or in part, and assign- 
 ments to be registered at Patent Office. 
 Sec. 23. Gives penalty for infringement of patent. 
 Sec. 24. Gives mode of action to be followed in prosecution for 
 
 infringement. 
 Sec. 25. Court may discriminate in certain cases. 
 Sec. 26. Defence in such cases. 
 
 Sec. 27. Patent to be void in certain cases, or only valid for part. 
 Sec. 28. Patents to be conditioned on manufacture in Canada of 
 
 thing patented, within three years of its date, otherwise 
 
 patent to become null and void ; also, in the event of 
 
 importing the article patented from any foreign country, 
 
 after the expiration of eighteen months from its date. 
 Sec. 29. Gives proceedings for impeachment of patent. 
 Sbo. 80. Certificate of judgment voiding patent, to be entered. 
 
10 
 
 Seo. 81. Judgment to be subject to appeal. 
 
 Seo. 82. Existing Provincial patents to remain in force, and be 
 extended over Dominion, on certain bonditions. 
 
 Sec. 83. Provides for handing over of records of Provincial 
 patent offices to the commissioner. 
 
 Seo. 34 to 37. With reference to fees, how and to whom to be paid. 
 
 Seo. 38. In case of rejection, for various causes, the commission^ 
 to have the power of returning 6ne half of the Govern- 
 ment fee. In case of withdrawal, fresh application 
 necessary to revive the claim, as if no proceedings had 
 taken place in the matter. 
 
 Seo. 39. Intending applicant may file a caveat, but must make 
 application for patent within four years, unless sooner 
 called on ta do so by conflicting application, when appli- 
 cation must be filed within three months of date of notice. 
 
 Seo. 40. Gives causes why commissioner may refuse to grant a 
 patent. 
 
 Sec. 41. Commissioner to notify applicant of rejection and state 
 ground or reason therefor, and allow applicant to answer 
 or explain the objections of commissioner. 
 
 Sec. 42. In event of commissioner still refusing to grant the 
 patent, applicant may appeal to Governor in Council, 
 within six months. 
 
 Sec. 43. In cases of ir"tei.fering applications, arbitration by three 
 skilled persons to decide to whom patent shall issue. 
 
 Sec. 44. All documents in Patent Office to be open to inspection 
 of the puMic, except caveats, under certain regulations. 
 
 Sec. 45. Clerical errors not to invalidate documents, and may be 
 corrected under authority of the commissioner. 
 
 Sec. 46. Lost or destroyed patent may be replaced. 
 
 Sec 47. Use of patented inventions allowed in foreign ships. 
 
 Sec. 48. Patent not to afiect previous purchaser of invention, and 
 patent to be valid if purchase, construction, use, &c., had 
 not existed more than one year before application for 
 patent. 
 
 Seo. 49. Patented articles to be stamped with date of patent 
 under penalty of fine or imprisonment. 
 
roe, and be 
 
 IS. 
 
 Provincial 
 
 n to be paid, 
 commissioner 
 the Govem- 
 application 
 leedings had 
 
 must make 
 nless sooner 
 
 when appli- 
 ite of notice. 
 I to grant a 
 
 n and state 
 nt to answer 
 
 grant the 
 in Council, 
 
 on by three 
 1 issue, 
 o inspection 
 regulations, 
 and may be 
 ;r. 
 
 ships, 
 rention, and 
 le, &c., had 
 )lication for 
 
 of patent 
 
 11 
 
 Sbo. 50. Froyides for punishment of parties who may stamp an 
 article as patented, when such is not the case. 
 
 Sbc. 51. Provides for punishment of offenders for making false 
 entry or copy. 
 
 Sec. 52. All old acts inconsistent with present act repealed. 
 
 Sec. 53. Gives name of act—" The Patent Act of 1869." 
 
 Sec. 54. Act to commence and take effect 1st July, 1869. 
 
 HOW TO PROCEED TO OBTAIN A PATENT. 
 
 If after having carefully read the foregoing, as well as the pa- 
 tent law given in appendix, you decide on proceeding with your 
 application for a patent, we will be happy to ac* as your solicitors 
 in the preparation of the application and obtaining the patent* 
 Search. — ^Before going to the expense of a formal application, the 
 intending applicant can, if he think proper, have a search made in 
 the Patent Office, to ascertain if there is any patent already granted 
 which would conflict with his application, either in whole or in part* 
 If in whole, it would be useless to incur the cost of an application 
 — ^if only in part, the claim could be so adjusted as to steer clear 
 ot the part anticipated. If however, there is nothing found ta 
 interfere with the application, it can be made with considerable 
 chance of success, the only thing to fear being pending or rejected 
 applications for a similar invention, or the existence of a foreign 
 patent, or a caveat in the secret archives, or that the commissioner 
 may not deem it a fit subject for a patent. 
 
 To enable the search to be made, send us a sketch and descrip- 
 tion of th«* invention, pointing out what you consider to be novel or 
 new, also a fee of $10. A careful examination of the models, 
 drawings and specifications, in the Patent Office, will be made and a 
 report given. . . 
 
 Preparation of Application. — Assuming that the report has been 
 favourable, and that you decide on proceeding, — to enable us to 
 prepare the various drawings and papers, a small working model of 
 the mvention is required. This model should not be over twelve 
 inches in any one dimension, and may be made of metal, or wood^ 
 or of both combined ; — it should be neatly and strongly constructed 
 and varnished. If any of the novel features are located internally^ 
 
• 12 
 
 4Uid hidden from view, it must be so made as to be capable of being 
 taken apart to show them. — When the application is for an improve- 
 ment on some existmg machine, it will suffice, in the model submit- 
 ■' -^d, to show such portions of the original machine, in combination 
 \.ith the improvement, as will enable the junction and working of 
 "both to be clearly seen. 
 
 When the invention or discovery is a composition of matter, sam- 
 ples of the compound, and samples of the ingredients, sufficient in 
 quantity for an experiment, are required, and must be contained in 
 glass bottles, properly labelled. * 
 
 The model or samples, after having been carefully packed in 
 boxes, should be forwarded to our address, either by express, or in 
 any other reliable manner, prepaid, — at the same time notifying us by 
 post of the date and manner of transmission. Send also a full writ- 
 ten description, clearly explaining each part and its mode of action, 
 showing wherein it differs from any analogous inventions with which 
 you may be acquainted, and its advantages over the same. 
 
 When the nature of the case admits of drawings, this descrip- 
 tion may also be illustrated by rough sketches, showing the various 
 parts of the invention, referring to and connecting the same with the 
 written description by reference letters or figures: thus a is the 
 cylinder of the engine ; 6, the piston head ; c, the packing ; (/, the 
 steam chest, etc, etc, marking each distinct part in the sketch with its 
 appropriate letter, corresponding with the reference letter in the 
 written description. 
 
 After having described the peculiar mode or modes of action 
 of the various parts of the invention, you will then identify the parts 
 claimed as new, either separately or in combination. If the speci- 
 fication is for an improvement or improvements, the original invention 
 should be disclaimed, and the claim confined to the improvement or 
 improvements as the case may be. Give your names (both christian 
 and surname) in full, profession or occupation, place of residence, 
 city, town, or village, county or district, and province ; give the 
 names of places where you have resided during the past year, and 
 %e place which you elect as your residence in future ; write each 
 name distinctly, and also the name you propose giving to the 
 invention, — a short business name will answer. 
 H^The first mstalment of the fees should also be enclosed, amounting 
 
18 
 
 to the sum of twenty-five dollars. The money may be sent either in 
 the form of a draft on any of the chartered banks, or in the form 
 of a post ofifice order payable to our firm. If the fees are sent in 
 bank bills the letter should be enregistered. 
 
 In many cases the model or samples, sketches, descriptions and 
 money may be boxed up together and forwarded to us by express 
 prepaid, notifying ufl by mail of the manner in which the articles- 
 have been forwarded. 
 
 On the receipt of the papers and money, a patent bond, executed 
 by our firm, is returned to the inventor, stating that he has placed 
 the invention in our hands with the view of obtaining Her Majesty^ 8 
 Royal Letters Patent for the same in the Dominion of Canada, .^.nd 
 binding ourselves to prepare and prosecute the application on his 
 behalf with all due diligence and secrecy, and to hand over the 
 letters patent immediately on being obtained, to the patentee or to 
 his legal representative, v'^lso to obtain letters patent for the same 
 invention in no other country except at the instance of and under 
 instructions to be received from the inventor, or from his legal 
 representative. 
 
 The preparation of the papers, drawings, &c.,for the application, is 
 then pushed forward with all possible speed ; and, when completed, 
 the documents are forwarded to our client, accompanied by a letter 
 of instructions for his examination and signature. Tlis being 
 accomplished, the papers are returned to us, with .i, draft or 
 remittance for the balance of the fee, which will usually amount to 
 twenty-five dollars. When numerous and elaborate drawings, 
 with lengthy specifications are required, involving much extra 
 work, the final payment will exceed twenty-five dollars, but our " 
 charges in all cases will be moderate, in proportion to the amount 
 of work performed, and made satisfactory to our clients, with the 
 view of obtaining additional business. 
 
 On the receipt of the papers, properly executed, they will be 
 immediately forwarded to the Patent Office at Ottawa, and the appli- 
 cation pressed on with all convenient speed. When the parchment is 
 completed, it will at once ba forwarded to our client. The patent 
 so obtained will possess a duration of five years ; at the expiration of 
 this period, an extension of five years may be obtained, by the pay* 
 ment of a fee of twenty dollars to Government ; and at the end of 
 
14 
 
 ten years, a final additional prolongation of five years by the payment 
 of a third fee of twenty dollars to the Government ; making the total 
 duration of the patent fifteen years ; the patent becoming void at the 
 expiration of each period without the prolongation fee is paid. Our 
 charge for attending to the extension of patents from period to 
 -period, paying fees to Government, &c., will be ten dollars. To 
 enable us to transact the business the patentee or his assignee 
 should forward us the patcr.t, witii the total fee of thirty dollars. 
 The necessary steps will at once be taken to secure the prolon- 
 gation, and the patent returned to the party interested. This 
 action should be taken prior to the termination of the periods in 
 •each case, or the patent will lapse. 
 
 EXTENSION OF PROVINCIAL PATENTS. 
 
 Patentees or their assignees, who may hold patents granted by 
 either of the Provinces of the Dominion, prior to Ist July, 1869, may, 
 under the conditions in Section 32, have them extended over the 
 entire Dominion for the unexpired portion of the period for which 
 they were originally granted. 
 
 In order to take advantage of this privilege, send us your original 
 patent for surrender to the Government, at the same time remit the 
 government fee of 120, for the next period of five years. Imme- 
 diately on receipt of same we will prepare the new application, 
 with specifications and drawings in duplicate, also petition to the 
 eommissioner, and forward the documents for client's signature. 
 This being done the papers are returned to us with the amount of 
 our fee, which will usually be $30 ; the application is then filed and 
 the patents of re-issue obtained with the least possible delay, and, 
 together with the original patent temporarily surrendered, returned 
 to the client.* 
 
 • This provision of tha new patent law will be found very favourable to any 
 inventors who, under the old Provincial laws of the different Provinces, were 
 precluded from obtaining patents in any of the Provinces except the one in 
 'Which they were residing ; this applies more especially to the patentees of the 
 Maritime Provinces, who were untU now precluded from obtaining patents in the 
 Provinces of Ontario and Quebec, but which may now be covered in the manner 
 above indicated. No doubt advantage will be taken of this liberal provision of the 
 new law, and patentees or their assigniees, residing in New Brunswick, Nova 
 IScotia, etc., etc., at once take steps for securing thtir interests in the wealthy 
 Provinces of Oatario and Quebec, or vice vtrttk. 
 
 
16 
 
 * 
 
 Unexpired Patents ismed under Provincial act%, for periods of 
 fourteen years may be extended seven years additional. 
 
 Patents issued under the old laws, or prior to the coming into 
 operation of the Dominion Law of 1869, were granted for the term 
 of fourteen years, with the right of extension for seven years 
 additional under certain conditions. Those rights still exisf^^, either 
 to the original pat^tees, or to their legal assignees or representa- 
 tives. Many valuable inventions are now falling in, or the patents 
 lapsing at the expiration of the fourteen years, which by pi^mpt. 
 action, if taken at least six months before the expiration of the 
 • fourteen years, could be extended for an additional seven years. 
 We give cases of this description our best attention, and on such 
 terms as may be mutually agreed on. Our charges will, however, be 
 moderate and in proportion to the labour involved. 
 
 INTERFERENCE AND INFRINGEMENT. 
 
 We are frequently called on by the Patent Office, or by the 
 opposing parties, to act either as arbitrators, or umpires, in cases 
 of interference, under Section 43, Patent Law^ and give our best 
 attention and skill to the equitable settlement of the disputes. In 
 matters of infringement we carefully investigate the entire sub- 
 ject, and instruct counsel with reference to the proceedings to be 
 had in each case. Legal gentlemen, as a rule, know but little of 
 mechanical subjects or details, and are therefore not well qualified 
 to understand or decide in cases of this nature ; a patent solicitor 
 and skilled engine^" combined in one person, is better fitted to 
 deal with the principles and practice of patent law in cases of 
 infringement, and should be called on by the parties interested to 
 work up the case before submitting it to the legal tribunals. We 
 profess to understand thoroughly the modus operandi^ and can be 
 regained, either to give an opinion, or to prosecute the case — our 
 fees, as usual, will be found moderate, but can be made the subject 
 of special arraagment. 
 
 REJECTION OF AN APPLICATION. 
 
 In case of the commissioner refusing to grant a patent or to 
 extend one, we examine the grounds upon which the final refusal is 
 
16 
 
 based, and if wet hink his decision unjust, and that it can be 
 reversed, we advise an appeal to the " Governor in Council," in 
 accordance with Section 42, Patent Law. If we succeed in obtain- 
 ing a reversal, and a patent through this appeal, an extra fee is 
 charged ; if we fail, thise xtra charge is not made. In case of 
 a rejection, from any cause whatever, no portion of our fee is 
 returned to our clients ; but the commissioner has the power to 
 refund one half of the government fee, if he deem it proper to do so. 
 
 CAVEATS. 
 
 It will be seen that under the new patent law, inventors may • 
 file caveatSf and many, no doubt, will take adv^antage of this wise 
 provision of the statute, more especially inventors Tvho may not 
 have resided the stipulated year in the Dominion, and consequently 
 not eligible at the time, as applicants for patents. An inventor 
 under such circumstances should file a caveat, both with the view of 
 protecting his interest, and also to give him an opportunity of per- 
 fecting his invention. To enable us to secure your invention in 
 this manner, send a full written description of the invention, in so 
 far as you have proceeded, and accompanied by sketches, if the 
 invention is of a mechanical character, to illustrate more clearly 
 your meaning, with names in full, occupation, place of residence, 
 &c, and we will at once prepare the caveat papers and forward 
 them to you for signature, to be then returned to our office, in 
 order to be filed in the secret archives of the Patent Office. 
 
 The total charge for a caveat, including the Government and 
 solicitor's fees, will range from $20 to $30 ; at least ten dollars 
 should be forwarded to us with the first instructions, and the 
 balance when the papers are returned for filing. No models are 
 required for caveats, but the papers, in order to be of any service, 
 should be drawn up with great care. 
 
 ASSIGNMENTS OF LETTERS PATENT, CAVEATS, \> 
 
 TRADE MARKS, INDUSTRIAL DESIGNS, &c. 
 
 * 
 
 Assignments for whole or partial rights, licenses, &c., &c., are 
 drawn up in the most careful and approved manner, andenregistered 
 at the Patent Office, for the sum of six dollars. Parties requiring 
 assignment papers prepared, should send us the names in full of 
 
• '• 
 
 > 
 
 the assignor and assignee, places of residence, occupations, name 
 of invention as given in patent, together with the date on which the 
 patent, &c., was issued, with its number, the money consideration 
 for which the sale was made, and the extent of territory to be 
 covered by the assignment. When forwarding this information 
 enclose $3 or one-half of the fee. The assignment, duly prepared, 
 will then be forwarded to the assignor for his signature, and with 
 the balance of the fee, $3, should then be returned to ua for enre- 
 gistration at the Patent Office. When this formality has been 
 complied with, the instrument is forwarded to the assignee. 
 
 ' COPYRIGHTS. 
 
 We give in the appendix the Dominion law, governing the issue 
 of copyrights, which should be carefully studied by all parties 
 interested in securing their rights in this important department. 
 
 A more extended knowledge of this subject would have been 
 money in the pockets of many people, as by its provisions, any 
 person resident in Canada, or any person being a British subject 
 and resident in Great Britain or Ireland, (or their legal represen- 
 tatives) who may be the author of any book, map, chart, or musi- 
 cal composition, or of any original pabting, drawing, statuary, 
 sculpture or photograph, or who invents , designs, etches, engraves, 
 or causes to be engraved, may secure by copyright, an interest in 
 the same for twenty-eight years, with power of renewal for fourteen 
 years additional. 
 
 In order to secure a copyright, send us by express or mail, 
 (prepaid) three copies of the book, &c., &c., with |10 for agency 
 and government fees. The necessary papers for your signature 
 are thereupon prepared and forwarded to you for execution, 
 and then returned to us for enregistration. A certificate to that 
 effect from the Patent Office will be duly forwarded to the party 
 interested, with the inscription to be placed on the book, &c. 
 
 TRADE MARKS AND INDUSTRIAL DESIGNS. 
 
 Closely allied with letters patent and copyright law, is the act 
 bearing on the protection of manufactures and coomierce, by the 
 use of trade marks, and the securing of proprietary rights in 
 industrial designs. 
 
 B 
 
18 
 
 Many merchants and manufacturers lose both money and 
 character in not protecting their wares with a suitable trade mark, 
 to imitate or counterfeit which subjects the party so offending to 
 heavy penalties. — Thus, a merchant or manufacturer selling or 
 making an article, which has obtained a high character for excel- 
 lence, will protect himself by placing his trade mark upon it. 
 Without this sign or seal for identification, imitators throw an 
 inferior and cheaper aiticle on the market, and in this manner 
 both undersell and bring reproach on the genuine manufacturer. 
 
 This is obviated by the use. of a trade mark, and no person 
 engaged in business should be without thij necessary protection. 
 
 A trade mark may consist of any vignette, mark, name, brand, 
 label, package, or other business device, as fully set forth in the 
 act. Vide appendix. 
 
 In order to secure a legal right to its use, furnish us with a des- 
 cription of the word, mark, vignette, &c., &c., you have decided on 
 adopting as your trade mark, as well as the description «of goods, 
 &c., you intend applying it to ; give your names in full, occifpation, 
 place of residence, with one-half of the fee, or $10. If your 
 business is carried on under a company or firm, give the usual 
 designation of the company, with names in full of members compo- 
 sing the fiirm, stating the name of the partner in whose name the 
 application is to be made, for and on behalf of the firm. 
 
 We will thereupon prepare the duplicate papers and forward them 
 for his signature, to be then returned with the balance of fee, $10. 
 After being enregistered at the Patent Office, one of the copies 
 duly certified is returned to the party interested. 
 
 The law relating to the registration of designs will also be 
 found in the appendix, and is so full and complete that but little 
 explanation is demanded. 
 
 To enable us to prepare the case for lodging at the Patent 
 Office, send a sketch of the design accompanied by full description 
 of its character, with names in full, residence, occupation and $15. 
 
 The papers are then made out and forwarded to you for signa- 
 ture ; the balance of fee, $15, is now due, and should be sent us on 
 the return of the papers. After being registered, one copy of 
 specification and design, duly certified, is forwarded to you. 
 
19 
 
 FOREIGN COUNTRIES. 
 
 Our facilities for obtaining letters patent in Great Britaia, 
 Unittd States, France, Belgium, Russia, and other Foreign coun- 
 tries, are unrivalled. Our business partners are found in the 
 capitals of every country where patents are granted, and are first- 
 class, reliable men. We have no connection v ith men who are not 
 thoroughly trustworthy and skilful. Inventors nay consequently 
 safely trust their interests in our hands, and should givo orders for 
 their Foreign Patents as soon after making application in Canada as 
 possible. In Great Britain and in other European countries, Pa- 
 tents are granted for foreign inventions, to those who first introduce 
 them into those countries, irrespective of the original inventrr. For 
 this reason many important and valuable inventions have been lost 
 to the discoverer, from the delay in making his application ; and 
 frequently from placing the business in the hands of irresponsible 
 or dishonest parties styling themselves " Patent agents," many of 
 whom may be styled " Patent sharks," seeking what they may 
 seize and appropriate. Avoid all such, and employ none but res}- 
 ponsible, well-known, skilful solicitors, thoroughly posted up in the 
 business, and who have a name to uphold. 
 
 Our foreign business is yearly increasing, and we recommend 
 inventors to give us a trial, promising, if they do so, to give every 
 satisfaction. We also, if so instructed, undertake the sale of Foreign 
 patent" '^n a reasonable commission. 
 
 Models are not required, as a rule, in any of the European coun- 
 tries, but the drawings and specifications require to be made with 
 the utmost care in order to comply with their legal requirements, 
 which are very strict. Many valuable patents have been lost to 
 the inventors by minor errors having been made in some of the 
 documents. Our papers are revised by first-class legal men of 
 each foreign country, before being deposited in the respective 
 Patent oflfices ; and we have peculiar pleasure in stating that, up to 
 the present time, not a single error has been detected in any of the 
 numerous applications we have fyled. 
 
 The average cost of obtaining letters patent in some of the lead- 
 ing European countries is given, provided no opposition is made, 
 by parties claiming to be the inventors, to the granting of the same. 
 
20 
 
 When such cases occur, we contest the point, and have succeeded, 
 in many instances, in carrying our clients successfully through. 
 Where such instances occur our charges are very moderate, and 
 these occur principally in Great Britain, where each application 
 has to be advertised in the London Gazette, for the purpose of giv- 
 ing opposing parties, if any, an opportunity of examining and 
 ascertaining whether the appUcation in question interferes with 
 patents previously granted to them. If the application pass this 
 ordeal, the Royal Letters Patent are granted shortly after. In 
 passing through the various stages, up to this point, the application 
 is watched and defended by skilled engineers and legal solicitors, on 
 behalf of our client. In a large majority of instances no opposition 
 is offered, and the patent issues at the cost given. 
 
 A synopsis of the patent laws of any foreign country, with cost 
 of obtaining letters patent, will be forwarded to persons requiring 
 the same on the receipt otjive dollars for each country so indicated. 
 The information given in every case will convey a clear idea of the 
 nature of the law at present existing, and the obligations entailed 
 both on the Government issuing the letters patent, and on the 
 patentee.' 
 
 GREAT BRITAIN. 
 
 (Average cost supposing no opposition is encountered.) 
 1st 3 years $313, if one skin of parchment is required. 
 2nd 4 " $250, stamp attached to letters patent at end of 
 
 third year. 
 3rd 7 " 1500, stamp attached to letters patent at end of 
 
 seventh year. . 
 
 Total,14 " $1063 
 
 • A prior search through the Patent Office, if required, will cost 
 thirty dollars more. 
 
 In Great Britain patents are assignable, either in whole or in 
 part ; and the fees to Government, for the succeeding terms, may 
 be paid by the assignees. 
 
 Foreign applications for patents in Great Britain are usually 
 made in the form of *' Communications from abroad." The patents 
 issue to our agent in trust for the applicants, and are transferred to 
 
c ■< 
 
 ^ ■'* 
 
 21 
 
 the respective parties by deeds of abslgnment. This course pre- 
 vents the transmission of documents back and forth, which would 
 cause considerable expense and de\B.y, as well as risk of loss by 
 shipwreck or otherwise. 
 
 The various steps which are necessary to be taken, in order to 
 obtain a British patent, may be briefly stated as follows : — 
 
 THE TITLE. 
 
 When an inventor has resolved to apply for letters patent, the 
 first thing to be considered is the title which must be given to the 
 invention in the petition. There is often a good deal of difficulty 
 in selecting a proper title, and inventors have not unfrequently lost 
 the benefit of their patents in consequence of an error on this point. 
 
 The title must point out distinctly and specifically the nature of 
 the invention ; it must not be too general, and it is desirable not to 
 make it too narrow — faults which a professional person is more 
 likely to avoid than those not accustomed to the preparation of 
 patent documents. 
 
 The title having beoa framed, and the petition prepared, it must 
 be lodged at the office of the Commissioners of Patents, along with 
 a declaration, made before some competent authority, and a 
 
 PROVISIONAL SPECIFICATION. 
 
 This document is required to state distinctly and intelligibly the 
 whole nature of the invention, so as to show in what it consists, and 
 the means by which it is carried into effisct. It is not necessary? 
 however, to go into minute details. 
 
 PROVISIONAL PROTECTION. 
 
 The title and the provisional specification are then referred to 
 the law officer, for his approval. If dissatisfied with them, he may 
 require them to be amended. If he approve of them, he issues his 
 certificate to that effect, and this being filed in the commissioners' 
 office, the invention becomes provisionally protected — that is to say, 
 for six months, commencing at the date of the application — it may 
 be used and published by the inventor. We would advise an 
 inventor to be cautious how he makes his invention public until the 
 time for opposing the grant has gone by. 
 
22 
 
 The object of compelling an inventor to lodge a provisional spe- 
 cification with his petition, is to provide against the introduction 
 into the final specification of any matter not contemplated by him 
 at the time of his application. Improvements in mere details may 
 be inserted in the final specification with perfect propriety ; but 
 such improvements must require the use of the original matter of 
 invention set forth in the provisional specification. Although the 
 latter is only a temporary document, great care should be bestowed 
 on its preparation. 
 
 In place of lodging a provisional specification, an inventor may, 
 if he chooses, lodge a complete specification along with his petition. 
 In such a case, his invention is protected from the day the docu- 
 ments are deposited at the commissioners' office. The disadvan- 
 tage of this proceeding is, that he has no further opportunity of 
 perfecting his invention in its details. The trials and experiments 
 which an inventor may openly make for six months after obtaining 
 provisional protection generally suggest a variety of improvements, 
 which may be embodied in the final specification ; but, when i com- 
 plete specification is lodged at starting, he is debarred from the 
 benefit of further improvement. , which, if very important, must form 
 the subject of another patent. ., 
 
 THE NOTICE TO PROCEED. ' 
 
 An applicant, as soon as he thinks fit, after obtaining protection 
 in either of the above-mentioned modes, may give notice of his 
 intention to proceed with his application ; whereupon the commis- 
 sioners will cause the application to be advertised in the London 
 Gazette, with the view of giving persons who have an opposing 
 interest the opportunity of objecting to it. This notice of the 
 appUcant's intention to proceed must be given at least eight weeks ' 
 before the expiration of the provisional protection. 
 
 In case of opposition, the matter is referred to one of the law 
 officers of the Crown, whose decision guides the commissioners, 
 unless it is overruled by the Lord Chancellor. 
 
 Objections to the issue of a patent cannot be delivered after the 
 expiration of twenty-one days from the appearance of the notice to 
 J oceed in the Q-azette. It is very desirable that the applicant 
 should advance as quickly as possible to that stage of the proceed- 
 
28 
 
 ings where he is safe from objection ; and he will do well to place 
 himself in the position of being able to demand the law officer^s 
 warrant, whenever he pleases. 
 
 THE GREAT SEAL. 
 
 Application for the law officer's warrant and for the patent must 
 be made at least fourteen clear days before the expiration of pro- 
 visional protection, or the protection by reason of the deposit of a 
 complete specification, and the patent must issue during the contin- 
 uance of that protection. The Lord Chancellor, under special 
 circumstances, has, however, power to extend the sealing of the 
 patent for a month. 
 
 One patent now embraces the whole of the United Kingdom of 
 Great Britain and Ireland. 
 
 Patents taken out in this kingdom for inventions previously 
 patented in a foreign country, become void at the expiration of the 
 foreign patent. ,.,,.. 
 
 THE COMPLETE SPECIFICATION. 
 
 In case th'^ applicant did not lodge a complete specification with 
 his petition, he is obliged to file a specification fully describing the 
 nature of his invention, and the manner of carrying it into effect, 
 within six months from the date of the patent. Very great care 
 must be given to the 'preparation of this instrument, to make it 
 comply with the decisions of the Courts. The instances of the fatal 
 effect of unskilfulness in preparing specifications are innumerable. 
 If drawings are required to the understanding of the invention, they 
 must be prepared in duplicate, and one copy attached to the speci- 
 fication, and the other lodged at the commissioners' office. Each 
 specification is engrossed on parchment bearing a ^5 stamp. All 
 specifications and the accompanying drawings are printed by the 
 Queen's printer, and may be purchased for a small sum. 
 
 AUSTRIA. 
 
 Alimentary preparations, beverages, and medicines cannot be 
 patented. Inventions from abroad must have been previously 
 patented in the country where they were made. Only one inven- 
 tion is allowed to be included in a single patent, unless the several 
 
inventions relate to the same subject matter. The patent must be 
 worked within a year of the grant, otherwise it becomes void, and 
 the working must not cease for two consecutive years. Patents 
 granted for any number of years up to fifteen. The Government 
 tax is $10 a year for the first five years, afterwards it is annually 
 increased so that the total tax for fifteen years amoantq to $350. 
 The whole tax for the years applied for must be paid at the time 
 the petition is presented. ■..':..'■:. ■'..i^^'-.,.- ..^:-t,^iix/: 
 
 The expense of a patent for five years will average about 
 
 . '■'-- -;'"■-"'■'"-■ BAVARIA. ''■''''''^'' '■■'"■ '" 
 
 
 Patents are granted for any term from one to fifteen years. 
 There is an examination into the novelty and .utility of the inven- 
 tion to be patented, but a patent; is seldom refused. The patent 
 must be worked within a year from the grant, and the working 
 must not be suspended for two years. The cost of a patent for 
 five years will average $160. ,v - ..,_.'y^y--i'^,ii-'K:.^'->".' s 
 
 BELGIUM.' ; 
 
 Patents are obtainable in Belgium for twenty years, but in the 
 case of inventions previously patented elsewhere, they will expire 
 at the same time as the original patent. The government tax 
 begins with the payment of 10 francs for the first year, and 
 increases annually at the rate of 10 francs, so that in the twentieth 
 year 200 francs are payable. In case the tax is not paid in one 
 year, the patent becomes void ; and it is also rendered void by a 
 failure to work the invention within a year from the date of its 
 being worked abroad, or by a cessation of the working for the space 
 of one year. The average expense of obtaining a patent with first 
 year's tax paid is $108. 
 
 DENMARK. 
 
 No Patent laws exist in Denmark, but special privileges from 
 three to twenty years are sometimes granted by the Crown on the 
 recommendation of the Board of Customs, according to established 
 rules. 
 
 Patents of invention must be worked within three years, and if 
 granted for less than six years, within the first half of the term ; and 
 
26- ■■ 
 
 all patents of importation within one year of date and the working 
 proved before the minister of commerce and public works. 
 
 An extension of time for working is granted for good reasons^ 
 shown, but not generally for more than six months. 
 
 The cost of a patent for five years will average $187. 
 
 ....•..,..,, . FRANCE. .-....-;;-•-,. 
 
 Pharmaceutical compounds and medicines cannot be patented. 
 Patents for foreign inventions will not endure longer than the 
 patents originally granted. Patents may be procured for lifteen 
 years. A single patent will be restricted to one principal object. 
 The weights and measures employed must be those of the Empire. 
 The necessary drawings and descriptions must be lodged in dupli- 
 cate. Alterations and additions may be made to the original inven- 
 tion during the existence of the patent. If the invention be not 
 worked within two years from the date of patent, or if the workmg 
 shall cease for two consecutive years, the patent will be void. An 
 annual payment of $20 must be made to Government during the 
 existence of the patent. In case of default in making any one 
 payment the patent becomes void. 
 
 The average expense of a French patent is $108, including the 
 first year's tax to Government. 
 
 HANOVER. 
 
 This country is now united with Prussia, and consequently comea 
 under the Prussian patent laws. 
 
 . .,, .^,.,:...y.:. BADEN.. ;'.'-._;.^;^,.^,^-.,: 
 
 ; \:i:,,,, HESSE CASSEL. -V '. . \--: : :\, 
 
 : ^ , WURTEMBERG. ,, J ' 
 
 Patents are granted in these States, and in all the smallei- States 
 of the German Confederation. The conditions are similar to those 
 in force in Bavaria and Saxony, and the expense of a patent for 
 five years in each State is about $160. 
 
 HOLLAND. 
 
 ' The patent laws of this country were abolished July, 1869. 
 
 ' • 
 
■ "■' ^■'■'■'■■'V-,^:;>:: ITALY. ■■':;-■"■ -■^-'-----M;^'^..-; 
 
 Patents of invention are granted to inventors, native or foreign, 
 for any new industrial product or result, instrument, machine, or 
 mechanical arrangement, process, or method of industrial produc- 
 tion, motor or industrial application of known forces or technical 
 application of a scientific principle to the production of direct and 
 industrial results. ^ 
 
 No previous examination, as regards novelty. Inventions relating 
 to food and drinks are examined as to their fitness to be patented. 
 Medicines, or inventions merely theoretic, are not patentable. 
 
 Patents are granted for terms of from one to fifteen years at the 
 option of the applicant; but a patent for an invention already 
 patented abroad expires with the foreign patent, having the largest 
 term, providing it be not more than fifteen years. Patents 
 demanded for a term less than fifteen years may be prolonged. . 
 
 The Government taxes are divided into a fixed tax proportionate 
 to, and payable in advance for the number of years demanded, and 
 an annual and triennially increasing tax, payable in advance, on 
 the first day of each year of the patent's term. 
 
 In addition to these there are small taxes, payable upon applica- 
 tions for prolongation, or for certificates of addition or of reduction. 
 The ordinary cost of an Italian patent of six years, including 
 entire proportional and first annual tax, is about $200. 
 The annual tax (including commission) is for the 
 
 first three years |17 per year. 
 
 Second year 22 " 
 
 Third " 27 " 
 
 Fourth « 32 " 
 
 Last " : 37 " 
 
 Tax on application for an extension of the original 
 
 term (with commission) 15 " 
 
 PORTUGAL. '" 
 
 Patents of invention or of introduction are granted to natives 
 or foreigners, without previous examinations or guarantee of the 
 priority or merit of the invention. 
 
 Patents of invention are granted for fifteen years, or for a less 
 term, at the option of the applicant, no subsequent prolongation 
 
being granted. To inventors already having foreign patents no 
 longer term will be granted than will make up fifteen years, from 
 the date of the foreign patent ; and the importer of an invention 
 (not being himself the inventor) cannot obtain a patent for more 
 than five years. ' ' ' • -. 
 
 Tax — Government tax in advance, for the number of years 
 demanded for a patent. '. 
 
 A Portuguese patent will cost for five years $180 
 
 f* «« «* ten years 330 
 
 '' <* *^ «' fifteen years 490 
 
 The patentee's privilege commences from the delivery of the 
 patent. If the invention is a chemical process, a bond of $1250 
 must be given by the patentee, that at the 'expiration of the patent, 
 he will exhibit the process three times in public. The patent 
 becomes void if the invention be not practiced within the first half of 
 the term granted, and patentees are required to publicly expose 
 their manufacture in operation, twice a month, three days previous 
 notice having been given in the ojQScial journal. 
 
 PRUSSIA. 
 
 The Government does not countenance patents for imported 
 inventions, and they are seldom granted, and if granted, it is not 
 often that a longer term than five years is obtained. Certain vexa- 
 tious conditions are frequently imposed, and on the whole we cannot 
 recommend the application for a patent in this State, except under 
 special cu-cumstances. The expense of a patent, for five years, is 
 about $135, and, if not granted, no portion of the Government fees 
 is returned. If the patent is granted, it must be worked within 
 one year of date. Proprietors are required to exercise their 
 rights within six months of date of issue. 
 
 ..,:.; ^; .^■■^ ,;" ■.■.■■.. RUSSIA. .;':''';. /■:,■;->:-. ' 
 
 Foreign inventions are patentable for one, two, three, four, five, 
 six or ten years, at the option of the Government. The total cost 
 of a six years patent is about $400, and for ten years about $600. 
 A patent for an imported invention will not be valid after the 
 expiration of the original patent. The invention must be worked 
 within one quarter of the space of time for which the patent was 
 
granted. Patents of importation are rarely applied for, the appli- 
 cant being considered by the authorities as the inventor, or as 
 acting under his directions. Neither patents of invention or impor- 
 tation can be extended, but if granted for a shorter time than 
 applied for, nearly the difference of the tax for the two periods is 
 
 surrendered by the Government. ,. „ , . 
 
 1 ■ ■ ■ -,..'..t,' ■- ',.'_ .'.■ -.''»,.■■'..■-. 
 
 *^- ; SARDINIA. 
 
 Patents are procurable for fifteen years, but in the case of 
 imported inventions, they expire with the original patents — only a 
 single invention can be included in one patent — medicines and 
 purely theoretical inventions cannot be patented. Where the patent 
 ia for five years or less, the invention must be put into operation 
 within the first year, and must not cease to be worked for the space 
 of one year. If the patent is for more than five years, then it must 
 be worked within two years, and must not cease to be worked for a 
 similar length of time. In addition to the Government tax payable 
 when the patent is applied for, there is an annual tax to be paid, 
 increasing from 30 francs for each of the first three years, to 110 
 francs for each of the years beyond the twelfth. The total cost of 
 obtaining a patent for fifteen years, exclusive of the annual pay- 
 ment, amounts to about f 130. 
 
 Patents are granted for five years, which may be extended to 
 ten on petition. There is an examination into the subject of the 
 patent prior to its grant, and patents are seldom refused. The 
 patent must be worked within one year from the date of its grant ; 
 but this period can be extended by petition. The total expense of 
 a patent for five years is $160. The patent must be secured in 
 the name of a native or person naturalized in Saxony, in trust for 
 the inventor, and can afterwards only be held by a citizen of the 
 German Confederation. 
 
 SPAIN. 
 
 Patents for imported inventions are granted for five or ten years. 
 The patent must be limited to one invention. The total cost of a 
 patent in Spain is from $170 to 1800, according to the term granted. 
 
29 
 
 3d to 
 f the 
 The 
 ant; 
 se of 
 3d in 
 t for 
 the 
 
 jars. 
 )f a 
 Lted. 
 
 The invention must be carried into effect within a year and a day 
 from the grant, otherwise the patent will become void, and the same 
 effect will follow if there be a cessation of the working of the inven- 
 tion for a similar length of time. '^ ■ : ,> 
 
 ' SWEDEN AND NORWAY. 
 
 Separate patents are granted for each kingdom. Imported 
 inventions are patentable for three years, but this term may be 
 extended to fifteen years, if it can be shown that they require com- 
 plicated machinery, or are attended with considerable expense. 
 The invention must be carried into operation within two years from 
 the grant. The expense of a patent amounts to about $160 for 
 each country. 
 
 Proof of the working of the invention must be furnished to the 
 Chamber of Commerce within two years of the date of the patent, 
 which period may be reduced by the commissioners to one year, 
 and is sometimes extended to four years. 
 
 By a provision of the law of 1839, in Norway, concerning 
 ** handicraft's occupation," patents are granted for a term not 
 exceeding ten years. The expense of these patents (which are 
 now rarely secured) is as before stated. 
 
 BRITISH COLONIES— AUSTRALIA: 
 
 Patents are regulated by the law of March, 1857, the proceed- 
 ings under which are very like those for obtaining British patents. 
 The duration is fourteen years, or the term of a foreign patent for 
 the same invention. The cost of a Victoria patent for first term, 
 will vary from $200 to 1300. A Government tax of $75 is 
 payable before the expiration of the third year ; and a further ta^ of 
 $100, before the expiration of the seventh year.. 
 
 ^ ,, .... INDIA. . ' \ ■-.-•-;^ 
 
 Patents are here granted to inventors or their personal repre- 
 sentatives or assignees, for new and useful improvements in any art, 
 process or manner of producing, preparing or making an article, or 
 any article prepared o. produced by manufacture. 
 
 An invention is considered new, if at the time of application it 
 has not been publicly used or publicly known by means of written 
 
or printed publications in any part of India, or of the United 
 Kingdom ; but any inventor who has obtained letters patent 
 in the United Kingdom, may, on making appUcation within six 
 months after fyling his complete English specification, obtain pro- 
 tection in India. 
 
 The mere fyling of the applicant's specification confers upon him 
 the rights of a patentee for fourteen years, leave for such fyling 
 having been previously obtained from the Government. 
 
 The ordinary cost of an Indian patent will be $300. 
 
 CAPE OF GOOD HOPE. 
 
 Patents are here regulated by a system very much resembling 
 that of Great Britain. 
 
 Cost about $200, subject to a tax of about |50, at the end of 
 the third, and of $100, at the end of the seventh year. . , *t 
 Cost of patent in Jamaica, $375 — Term, 14 years. ' - 
 
 "- '< New South Wales, $425— Term, 7 to 14 years, 
 
 at discretion of Governor. 
 New Zealand, $300— Term, 14 years. 
 Queensland, $425 — Term, 7 to 14 years, afc dis- 
 cretion of Governor. 
 " " Tasmania, $300— Term, 14 years. 
 
 " " Trinidad, $300— No special time. 
 
 «' " British Guiana, $500— Term, 14 years. 
 
 " " Ceylon, $300, exclusive of Government, for 14 
 
 /, ' ' ' yearsl 
 ■ ' '"'"''%': MEXICO: '" ' ■■\^,''; 
 
 Patents are granted to natives or foreigners for inventions or 
 improvements.' The duration is, in the case of an invention, ten 
 years ; in that of an improvement, six years.' The patent fees 
 vary considerably, so that no estimate of cost can be given. 
 
 STATES OF SOUTH AMERICA— BRAZILf 
 
 Patents are granted without previous examination or guarantee, 
 to natives or foreigners, for any invention or improvement. 
 
 Patents of invention only are granted, but the importer of a 
 foreign discovery is entitled to a premium, the value of which 
 depends upon that of the discovery. 
 
 
The duration of a patent is fixed by the Government, and varies 
 from five to twenty years. 
 
 There is no Government tax upon patents, but expenses for the 
 great seal, and other administrative formalities, must be paid. 
 Cost about $300. - . ' - 
 
 A patented invention must be worked within two years, dating 
 from the delivery of the patent. Patents become void if not 
 worked within the specified time, if the patentee afterwards obtain 
 a foreign patent for the same invention, or if the invention be 
 proved to be old. 
 
 CHILI, PERU, NEW GRENADA. 
 
 Patents are gi-anted in these states for inventions, original or 
 imported, to natives or to foreigners, upon condition that they 
 initiate a certain number of natives in the operation of the discovery 
 or invention. 
 
 The Governments fix the duration of patents, the term bemg at 
 least twenty-five years. 
 
 The operation of patented inventions must take place with the 
 least possible delay, the importation of the patented object being 
 deemed operation. 
 
 The cost of each of these patents is about $300. 
 
 ARGENTINE CONFEDERATION. 
 
 Patents are granted, without previous examination or any gua- 
 rantee, to inventors or first importers. Alsolute novelty within the 
 republic is requisite, and medicines and merely theoretic inventions 
 are not patentable. The duration, at most, ten years, and only 
 five for importations or improvements. A patent dates from the 
 fyling of the application, must be worked within the first year, and 
 is somewhat costly. : i-; . > 
 
 ,, / PARAGUAY. * • 
 
 To non-residents, patents of introduction only are granted for 
 inventions made or patented abroad. Such patents expire six 
 months after the foreign patent. There is no regular tax, but there 
 are variable administrative expenses. Two years are allowed for 
 operation. A patentee forfeits his patent if he afterwards obtain 
 one abroad, without permission of the Government. 
 
82 
 
 UNITED STATES. ^ 
 
 •■:;v;KV^ 
 
 Patents are granted in the United States for a period of seven- 
 teen years, commencing with the date of the foreign patent. For- 
 ■eign inventors are charged the same fees as demanded from 
 American citizens, providing the Governments of the countries to 
 which they belong do not discriminate against citizens of the United 
 States. Inventions of a foreign origin should be worked within 
 eighteen months after the patent is granted. A model of the 
 invention, or samples, if the discovery is of a chemical nature, are 
 required to be lodged in the Patent Office. The total cost of an 
 American patent may be put down at about $150, American cur- 
 rency, to an inventor whose Government does not discriminate 
 against citizens of the United States. To Canadians, the total 
 charge will be about $650, American currency. This extra charge 
 to Canadians is owing to the iUiberal patent law now existing in 
 the Dominion of Canada. The United States patent law is so 
 framed, that so soon as the Canadians pass a reciprocating law, the 
 United States fee at once drops from $500 to $35, without any 
 further legislation. 
 
 As before stated, it is to be hoped the New Dominion Parliament 
 yf'iW soon wipe this " relict of the dark ages," (the existing patent 
 law,) ofif the Statute Books, and replace it with one more in 
 ^iccordance with the laws of all other countries, and the spirit of 
 the nineteenth century. 
 
 The foregoing prices are on a gold basis, with the exception of 
 those named for the United States. Parties desirous of makmg 
 applications in any foreign country will send us full particulars, in 
 the form of drawings aud descriptions ; or, if possible, a copy of 
 those attached to the United States or Canada patent, if already 
 granted in either of those countries, with a draft for the money, 
 payable to our order in Montreal. A power of attorney, to enable 
 us to act on behalf of the applicant, wilUbe sent for his signature, 
 and its receipt by us will enable the application to be made. In 
 all cases in corresponding with this office, write distinctly, giving 
 the names in full, of the applicant, his occupation, place of residence, 
 town, county, state, &c. 
 
 Deeds of assignments of patent rights, carefully dra'wn up, m 
 
 
m 
 
 the forms prescribed by law, and enregistered in Patent Offices of 
 all foreign countries. 
 
 Many inventors think a trip to Montreal necessary to enable 
 them to give the required information — this is not so, for while 
 always glad to welcome clients to our offices, we may state that the 
 business can be equally well performed by correspondence, except 
 when the invention is more than ordinarily complex, in which case 
 a personal explanation might be preferable. 
 
 If, however, the inventor can afford the time and expense, a trip 
 to this city would no doubt be a delightful one, and a few days occu- 
 pied in visiting and examining its wonderful manufafcturing hives of 
 human industries ; the Mammoth Victoria Bridge, Docks, Lachine 
 Rapids, &c., &c., would be time well and profitably spent. At any 
 rate either by letter or in person, we will be glad to hear from or see 
 the inventor, and aid him to the full extent of our ability, both 
 with his applications, and in making the time pass pleasantly. 
 
 It is scarcely necessary to observe that all communications, 
 either verbal or by letter, are, in the strictest sense of the word^ 
 confidential. . 
 
 (Address.) 
 
 CHARLES LEGGE & COMPANY, 
 Civil Engineers and Solicitors of Patents^ 
 
 48 Great St. James Street, Montreal, "" 
 
 DOMINION OF CANADA, 
 
 The following are a few names taken from a list of gentlemen 
 for whom patents have been obtained in Canada, New Brunswick, 
 and in Foreign countries, by Charles Legge & Company, and to 
 whom reference can be made. , , 
 
 Names. Rksidbncbs. " r 
 
 S. Skinner Gananoque, Province of Ontario. 
 
 D. Rodgers St. Eustache, Province of Quebec. 
 
 James Arless Montreal, P. Q. 
 
 Wm. H. Sutton Brantford, P. O. 
 
 Richard Healy Bedford, P. Q. 
 
 James Dougall Montreal, P. Q. 
 
 Edward Payne Cobourg, P. O. 
 
 J. H. Foudrinier Lyn, P. O. 
 
 Wm. Inglis Manchester, England. 
 
 C 
 
84 
 
 Names. Rbsidbncks. " 
 
 Alexander Fleck Montreal. P. Q. 
 
 Wm. Gibson Brantford, P. 0. 
 
 James Inglis Montreal, P. Q, 
 
 R. T. Sutton Lindsay, P. O. 
 
 Cowie & Alison Montreal, P. Q. 
 
 Wm. Stephenson «' « 
 
 Henry Wood « « 
 
 James Foley « u 
 
 C. S. Dewitt " « 
 
 Geo. R. Prowse " " 
 
 Capt. McLeod Halifax, N. S. 
 
 John Harris Montreal, P. Q, 
 
 John Williams " « 
 
 J. F. D. Black " " 
 
 John Hart Bedford, P. Q. 
 
 James Hodges Montreal, P. Q. 
 
 Charles Esplin Ottawa, P. O. 
 
 Dr. Welles Stanbridge, P. Q. 
 
 J. Paradis Hochelaga, P. Q. 
 
 C. Anderson Montreal, P. Q. 
 
 A. Champion Stratford, P. 0. 
 
 Cox & Murphy Montreal, P. Q. 
 
 Wm. Gibson South Granby, P. ( 
 
 Hon. L. A. D?33aulles Montreal, P. Q. 
 
 A.Woodward " « 
 
 Ira Gould " « 
 
 Dr. Brewster « « 
 
 F. A. Lamontagne « « 
 
 Pierre B. Jay " « 
 
 George Cowles Cleveland, Ohio. 
 
 James M. Mott Toronto, P. O. 
 
 C. D. Chase Sutton, P. Q. ' 
 
 Charles Dion Montreal, P. Q. 
 
 A. Farewell Oshawa, P. O. 
 
 T. Fahrland Montreal, P. Q. 
 
 Alexander Buntin << « 
 
 Joseph Moiln " « 
 
 J. McDowell " <« 
 
 S.R.Warren « « . 
 
 A. McD. Porster Hamilton, P. 0. 
 
 Normand Wiard Ancaster, P. 0. 
 
 George Watt Beauharnois, P. Q. 
 
 T. L. Wilson Montreal, P. Q. 
 
 Wm. Notman « « 
 
 Charles W. Barry «' " 
 
 Joseph Marks " « 
 
 J. Wark " « 
 
 J. B. Phreyne « '< 
 
 J. A. Woodworth " « 
 
 Crevier & Poitras " « 
 
85 
 
 Nauis. Residences. 
 
 Alfred Pilky Stratford, P. 0. 
 
 C. Taylor St. John, N. B. 
 
 A.G.Gray " " 
 
 R. Mitchell Montreal, P. Q. 
 
 D. H. Gould Troy, N. Y. 
 
 Capt. Bolton, British army London, England. 
 
 J. Batchelder Montreal, P. Q. 
 
 Dr. M. H. Utley «' " 
 
 G. H. Pierce, 0. E Richmond, P. Q. 
 
 J. Devlen New Jersey City. 
 
 J. Millar San Francisco, Oal. 
 
 J. Meigs St. Guillaume, P.Q. 
 
 R. Musbet London, England. 
 
 J. H. Daley Montreal, P. Q. 
 
 Wm. Muir " * 
 
 A. PoUok Washington, D. C. 
 
 A. Tyler Hartford, Conn. 
 
 Munn & Co New York City. 
 
 R. Copeland Montreal, P. Q. 
 
 Evarts & Meigs «' " 
 
 John McBean " " 
 
 A. Greenleaf. " " 
 
 J.W.Stewart " " 
 
 T.Abel " " 
 
 T. Finegan ; " « 
 
 John Leeming " " 
 
 Brown, Combes & Co New York. 
 
 Canada Horse Nail Co Montreal, P. Q. 
 
 H. C. Lloyd Melbourne, P. Q. 
 
 Dr. Ehrhardt Montreal, P. Q. 
 
 S. Nicolson Boston, 
 
 G. Lomer Montreal, P. Q. 
 
 Mr. Jones Nova Scotia. 
 
 Rev. J. Bte. Ponton St. Marieville, P. Q. 
 
 Mr. Barr Washington, D. C. 
 
 S. R. Corbay & Co Hamilton, P. 0. 
 
 Francis EUershausen Montreal, P. Q. 
 
 D. Vass " " 
 
 Wm. McXenzie Robertson Eldorado, P. 0. 
 
 L. Kirkup, Montreal, P. Q. 
 
 Thos. Izod New York City. 
 
 Mr. Boynton Hartford, Conn. 
 
 Wm. P. Bartley Montreal, P. Q. 
 
 Wilson & McDougall " " 
 
 Richard Coleman Lyn, P. 0. 
 
 E. L. Cowling Montreal, P. Q. 
 
 Mr. Jamieson New York City. 
 
 Thos. M. Hammond Montreal, P. Q. 
 
 Jacob Scott .*. Richmond, P. Q. 
 
 G. H. Hiuton Montreal, P. Q. 
 
Names. Residences. 
 
 E. E. Gilbert Montreal, P.Q. 
 
 Wm. G. PuUan " « 
 
 Howea, Babcock & Co Silver Creek, New York. 
 
 Schuyler Smith Stanstead, P. Q. 
 
 Wm. Owen Toronto, P. O. 
 
 Nicholas Paint Halifax, N. S. 
 
 Edwin Chesterman Montreal, P. Q. 
 
 J. J. Johnson Alleghany City, Pa. 
 
 Samuel Perry Montreal, P. Q. 
 
 Homer Taylor " " 
 
 J. B. Burbank Danville, P. Q, 
 
 Horace A. Taylor Malone, N. Y. 
 
 Benjamin Irvine Boston. 
 
 Davies & Hunt London, England. 
 
 Samuel Gorley Paris, France. . 
 
 C. H. R. Gosset Quebec, P. Q. 
 
 Henry Porter .Montreal, P. Q, 
 
 Robert Alsop " « 
 
 Adolphus Davis " " 
 
 Charles Carty Richmond, P. Q. 
 
 Dr. Murphy Montreal, P. Q. 
 
 J. Livesey Halifax. 
 
 William Boa Montreal, P. Q. 
 
 Thomas R. Johnson " " 
 
 Alden V. Brown Sweetsburg, P. Q. 
 
 Benjamin Irvin New York City. 
 
 LeviLiscorae Boston, Mass. 
 
 William Power Montreal, P. Q. 
 
 Christian Peterson " 
 
 David Roberge " « 
 
 John Lough Buckingham, P. Q. 
 
 Messrs. R. J. Lusk & Co " " 
 
 William D. McLaren Montreal, P. Q. 
 
 Samuel S. Hall » « 
 
 Charles Allen Waterloo, P. Q, 
 
 William Shelly Montreal, P. Q. 
 
 George Workman Mount Pleasant, Ont. 
 
 Charles Furber Montreal, P. Q. 
 
 Alfred John Kelley Bowmanville. 
 
 John S. Fry, Esq Quebec. 
 
 OttoEngholm Montreal, P. Q, 
 
 F. A. Thain « « 
 
 R. F. Fau"lie, C. E « » 
 
 Thos. M. Page " « j' 
 
 Dr. La Rue Quebec. 
 
 Thomas Macfarlane Acton Vale P. Q. 
 
 William Maynard Montreal, P. Q. 
 
 Honourable Henry Aylmer Melbourne, P. Q. 
 
 Messrs. Lambe & Sterry London, England. 
 
 John Foster, C. E Montreal, P. Q. 
 
 B.S.Curry « u 
 
 I •-». 
 
87 
 
 Names. ' Residences. 
 
 Samuel Golay Nigon, Switzerland. 
 
 George Chaffey Kingston, Ont. 
 
 John C. Telfer Montreal, P. Q. 
 
 T. M. Bryson " " 
 
 Benjamin Irvine New York City. 
 
 C. G. C. Simpson, M.E Montreal, P. Q. 
 
 Thomas W.Emery " " 
 
 Willoughby Clark " " 
 
 Duncan McEachran, V. S " " 
 
 Moise Trudeau " " 
 
 Robert Young Glasgow, Scotland. 
 
 Charles E. Patrick Macedon, N. Y. 
 
 Joseph Sissons Montreal, P. Q. 
 
 Richard Warmington " " 
 
 Charles Allen Woodstock, Ont. 
 
 Edward Beans Madenhead, England. 
 
 John McGill Boston, Mass. 
 
 Lyman & Gouch Yonkcrs, N. Y. 
 
 William Webster Montreal, P. Q. 
 
 Frederick Lambe London, Ont. 
 
 John R. Anderson Brooklyn, N. Y. 
 
 James Fortune Case L'Orignal, Ont. 
 
 Joseph Woodley Quebec. 
 
 Charles Allen Waterloo, P. Q. 
 
 Wm. Muir Montreal, P. Q. 
 
 Fred. J. Gooding, M. E " " 
 
 John Wm. Wright " " 
 
 Richard Eaton, G. T. R " " 
 
 G. A. Masson Charlottenburg, Ont. 
 
 Benjamin R. Deacon Montreal, P. Q. 
 
 Count Pokorny Poland. 
 
 Thomas Walsh, M. E Montreal, P. Q. 
 
 Messrs Gould & Hill <' " 
 
 J.B.Wills " <' 
 
 T. C. Parkins Farnham. 
 
 JMessrs. Ferrier, Mooney & Wells Montreal, P. Q. 
 
 William Wilson « « 
 
 Alexander P. Ross Picton, N. S. 
 
 E. A. Bnmson Montreal, P. Q. 
 
 W. W. Mason Cartright, Ont. 
 
 A. G. Grey St. John, N. B. 
 
 Charles A. Gregory Quebec. 
 
 R. E. Stephens Owen Sound, Ont. • 
 
 Paul Ceredo Montreal, P. Q. 
 
 R. G. Leckie « •' 
 
 T. Ferguson Miller « «' 
 
 W.O.Buchanan « '< 
 
^Ye also give the following gentlemen as references ; 
 
 HON. JOHNYOUNG, President Board of Trade, Montreal. ^ '' • 
 
 T. B. ANDERSON, Esq., President Bank of Montreal, Montreal. 
 THE HON. THE MINISTER OF AGRICULTURE AND PATENT OFFICE 
 Ottawa. •: ' 
 
 J. C. TACHE, Esq., M.D , Deputy to the Minister of Agriculture and Patent 
 Ofl5ce, Ottawa. 
 
 LIEUT. COL. BARNARD, A.D.C., Deputy Minister of Justice, and Examiner 
 of Patents, Crown Law Department, Ottawa. 
 
 LIEUT.-COL IRVINE, A.D.C. to His Excellency the Governor General, 
 Ottawa. 
 WALTER SHANLY, Esq., C. E.^ Montreal. 
 R. J. REEKIE, Esq., Montreal. 
 
 G. D. FERGUSON Esq., Bank of Montreal, FERGUS, P. 0. 
 J. D. HALL, Esq., Chicago, U. S. 
 S. S. B0V7ERS, EuQ., M. D., Fond du Lac, Wis., U. S. 
 S. P. TILTON, Milwaukie, 111., U. S. 
 J. B. FRANCIS, Esq., C. E., Lowell, Mass., U. S. 
 J. H. JOHNSON, Esq., 47 Lincoln's Inn Fields, London, England. 
 H. BONNEVILLE, Esq., 24 Rue du Mont Thabor, Paris, France. 
 GEORGE LINCOLN & CO., Boston, Mass., U. S. 
 
 '.% 
 
39 
 
 N, 
 
 f DOMINIOISr OF CA.N^Di^ 
 
 PATENT LAW OF 1869. 
 
 './ 
 
 H 
 
 An Act respecting Patents of Invention. 
 
 ER Majesty, by and with the advice and consent of the Senate and 
 House of Commons of Canada, enacts as follows : 
 
 PATENT OFFICE CONSTITUTED. 
 
 1. There shall be attached to the Department of Agriculture, as a 
 branch thereof, an Office to be named The Patent Office; and the 
 Minister of Agriculture for the time being shall be the Commissioner of 
 Patents of Invention ; and it shall be the duty of the said Commissioner 
 to receive all applications, fees, papers, documents and models for patents 
 and to perform such acts and things respecting the granting and issuing 
 of patents for new and useful inventions, discoveries, and improvements 
 as are herein provided for ; and he shall have the charge and custody of 
 the books, records, papers, models, machines, and other things belonging 
 to the said Office. 
 
 2. The Commissioner shall cause a seal to be made for the purposes of 
 this Act, and may cause to be sealed therewith letters patent and other 
 instruments and copies proceeding from the Patent Office ; and all Courts, 
 Judges, and other persons whomsoever shall take notice of such seal, and 
 receive impressions thereof in evidence, in like manner as impressions of 
 the Great Seal are received in evidence, and shall also take notice of and 
 receive in evidence, without further proof and without production of the 
 originals, all copies or extracts certified under the seal of the said Office 
 to be copies of or extracts from documents deposited in such office. 
 
 3. The Commissioner may, from time to time, subject to the approval 
 of the Governor in Council, make such rules and regulations, and pres- 
 cribe such forms, as may appear to him necessary and expedient for the 
 purposes of this Act, and notice thereof shall bo given in the Canada 
 Gazette ; and all documents executed after the same and accepted by the 
 Commissioner, shall be held valid so far as relating to proceedings in the 
 Patent Office. 
 
 4. The Deputy of the Minister of Agriculture shall be the Deputy 
 Commissioner of Patents of Invention ; and the Governor may, from 
 time to time, appoint such clerks and officers under him as may be 
 necessary for the purpose of this Act, and such clerks and officers shall 
 hold office during pleasure. 
 
40 
 
 5. The Coil iiissioner shall cause a report to be prepared annually and 
 laid before Parliament of the proceedings under this Act, and shall from 
 time to time and at least once in a year, publish in the Canada Gazette 
 a list of Patents granted, and may, with the approval of the Governor in 
 Council, cause such specifications and drawings as may be deemed of 
 interest, or essential parts thereof, to be printed from time to time for 
 distribution or sale. , . , 
 
 *?;«,'' WHO MAY OBTAIN PATENTS. ' 
 
 6. Any person having been a resident of Canada for at least one year . 
 next before his application, and having invented or discovered any new 
 and useful art, machine, manufacture or composition of matter, or 
 any new and useful improvement on any art, machine, manufacture or 
 composition of matter, not known or used by others before his invention 
 or discovery thereof, or not being ac the time of his application for a 
 patent in public use or on sale in any of the Provinces of the Dominion 
 with the consent or allowance of the inventor or discoverer thereof, may 
 on a petition to that effect presented to the Commissioner and on 
 compliance with the other requirements of this Act, obtain a Patent 
 granting to such person an exclusive property therein ; and the said 
 Patent shall be under the seal of the Patent Office and the signature of 
 the Commissioner, or the signature of another member of the Privy 
 Council, and shall be good and valid to the grantee, his heirs, assigns 
 or other legal representativ(^s, for the period mentioned in such Patent ; 
 but no r\tent shall issue for an invention or discovery having an 
 illicit object in view nor for any mere scientific principle or abstract 
 theorem. 
 
 7. An original and true inventor or discoverer shall not be deprived of 
 the right to a Patent for his invention or discovery by reason of his hav- 
 ing, previously to his application, taken out a Patent therefor in any 
 other country, at anv time within six months next preceding the filing 
 of his specification and drawing as required by this Act. 
 
 8. The Patent may be granted to any person to whom the inventor or 
 discoverer entitled under the sixth section to obtain i Patent has assign- 
 ed or bequeathed the right of obtaining the same, and the exclusive pro- 
 perty in the invention or discovery in Canada, or in default of such 
 assignment or bequest, to the executer or administrator of the deceased 
 inventor or discoverer, or other legal representative. 
 
 9. Any person, having been a resident of Canada, for at least one 
 year next before his application , and who has invented or discovered any 
 improvement on any Patented invertion or discovery, may obtain a 
 Patent for such improvement, but shall not thereby obtain the right of 
 vending or using the original ''nvention or discovery, nor shall the Patent 
 for the original invention or discovery confer the right of vending or 
 using the patented improvement. 
 
 10. In cases of joint applications, the Patent shall be granted in the 
 names of all the applicants ; and in such cases, any assignment from one 
 of the said applicants or patentees to the other shall be registered in the 
 manner of other assignments. 
 
41 
 
 CONDITIONS AND FORMALITIES. 
 
 
 11. Every applicant for a Patent, before he can obtain the same, shall 
 make oath, or when entitled by law to make an afi&rmation instead of an 
 oath, shall make an affirmation that he verily believes that he is, or that 
 the person whose assignee or representative he is, is or was the true 
 inventor or discoverer of the invention or discovery for which the 
 Patent is solicited, and tliat he, or the person whose assignee or repre- 
 sentative he is, was a resident of Canada for one year next before the 
 application, or, in case of death of the inventor or discoverer, for one year 
 next before such death. Such oath or affirmation may be made before 
 any Justice of the Peace, in Canada ; but if the applicant is not at the 
 time in Canada, the oath or affirmation may be made before any Min- 
 ister Plenipotentiary, charge d'affaires, consul or consular agent, holding 
 commission under the Government of the United Kingdom, or any 
 Judge of tho Country in which the applicant happens at the time to be. 
 
 12. The Petitioner for a Patent shall for all the purposes of this Act 
 elect his domicile at some known and specified place in Canada, and men- 
 tion the same in his Petition for a Patent, and he shall in the same 
 petition state the place or places in Canada at which he, or if his appli- 
 cation be as assignee or representative, the person whose assignee or 
 representative he is, was resident during the year of residence required by 
 this Act, and the period of residence at each such place. 
 
 13. The applicant shall in his petition for a Patent insert the title or 
 name of his invention or discovery, its object and a short description of 
 the same, and shall distinctly allege all the facts which are necessary 
 under this Act to entitle him to a Patent therefor, and shall with the 
 petition, send in a written specification, in duplicate, of his invention or 
 discovery, describing tfie same in such full, clear and exact terms, as to 
 distinguish it from all contrivances or processes for similar purposes. 
 
 14. The specification shall correctly and fully describe the mode or 
 modes ofoperating contemplated by the applicant, — and shall state clearly 
 and distinctly the contrivances and things which he claims as new and for the 
 use of which he claims an exclusive property and privilege ; — it shall bear 
 the name of the place where it is made, the date, and be signed by the 
 applicant and two witnesses ; in the case of a machine the specification 
 shall fully explain the principle and the several modes in which it is 
 intended to apply and work out the same ; in the case of a machine or in 
 any other case where the invention or discovery admits of illustration by 
 means of drawings, the applicant shall also, with his application, send in 
 drawings in duplicate showing clearly all parts of the invention or disco- 
 very , and each drawing shall bear the name of the inventor or discoverer 
 and shall have written references corresponding with the specification, and 
 a certificate of the applicant that it is the drawing referred to in the 
 specification ; but the Commissioner may require any greater number of 
 drawings than those above mentioned, or dispense with any of them, as he 
 may see fit ; one duplicate of the specification and of the drawings, if any 
 drawings, shall be annexed to the Patent, of which it forms an essential 
 part, and the other duplicate shall remain deposited in the Patent Office. 
 
42 
 
 15. The applicant shall also deliver to the Commissioner, unless spe- 
 cially dispensed from so doing for some good reason, a neat working 
 model of his invention or discovery on a convenient scale, exhibiting its 
 several parts in due proportion, whenever the invention or discovery 
 admits of such model ; and shall deliver to the Commissioner specimens 
 of the ingredients, and of the composition of matter sufficient in quan- 
 tity for the purpose of experiment, whenever the invention is a composi- 
 tion of matter ; provided such ingredients and composition are not of an 
 explosive character or otherwise dangerous, in which case they are to be 
 furnished only when specially required by the Commissioner, and then 
 with such precautions as shall be prescribed in the said requisition. 
 
 CONTENTS, DURATION, SURRENDER, RE-ISSUE OF PATENTS AND DIS- 
 ";' .-^'V '• CLAIMER8. >. - 
 
 16. Every Patent granted under this Act shall recite briefly the sub- 
 stance of the petition on which it is granted, and shall contain the title or 
 name of the invention or Jiscovery and a short description of the same, 
 referring for a fuller detail to the specification, — and shall grant to the 
 Patentee, his assigns and legal representatives, or in trust as the ease may 
 be, for the period therein mentioned from the granting of the same, the 
 exclusive right, privilege and liberty of making, constructing and using, 
 and vending to others to be used, the said invention or discovery, — and 
 shall contain a condition that it is nevertheless subject to adjudication 
 before any Court of competent jurisdiction. 
 
 17. Patents of invention or discovery issued by the Patent Office shall 
 be valid for a period of five years ; but at or before the expiration of the 
 said five years, *he holder thereof may obtain an extension of the Patent 
 for another period of five years, and after thos§ second five years may 
 again obtain further extension for another period of five years ; and the 
 instrument delivered by the Patent Office for such extension of time shall 
 be in the form which may be from time to time adopted, and shall be made 
 in duplicate, one duplicate to remain of record and be duly registered, atid 
 the other to be attached, with reference, to the Patent, under the seal of 
 the Patent Office, and signature of the Commissioner, or any other Privy 
 Councillor in case of absence of the Commissioner. 
 
 18. Every such patent, and every instrument for granting a further 
 extension of any Patent shall, before it is signed by the Commissioner or 
 any other member of the Privy Council and before the seal hereinbefore 
 mentioned is affixed to it, be examined by the Minister of Justice, who if 
 he finds it conformable to law, shall certify accordingly, and such Patent 
 or instrument may then be signed and the seal affixed thereto, and 
 being duly registered, shall avail to the grantee thereof and be delivered 
 to him. 
 
 19. Whenever any Patent shall be deemed defective or inoperative by 
 reason of insufficient description or specification, or by reason of the 
 patentee claiming more than he had a right to claim as new, but at the 
 same time it appears that the error arose from inadvertence, accident or 
 mistake, without any fraudulent or deceptive intention, the Commis- 
 sioner may, upon the surrender of such patent and the payment of the 
 
48 
 
 further fee hereinafter provided, cause a new patent in accordance with aa- 
 amended description and specification to be made by such patentee, to be- 
 issued to him for the same invention or discovery, for any part or the 
 whole of the then unexpired residue of the five years period for which 
 the original patent was or might have been, as hereinbefore directed, 
 granted; — In case of the death of the original patentee or of hij hav- 
 ing assigned the patent, a like right shall vest in his assignee or legal 
 representative: Tlienew patent, and the amended description and speci- 
 fication, shall have the same effect in law, on the trial of any action 
 thereafter commenced for any cause subsequently accruing, as if the 
 same had been originally filed in such corrected form before the issue of 
 the original patent. 
 
 20. Similarly, whenever by any mistake, accident or inadvertence and 
 without any wilful intent to defraud or mislead the public a Patentee has 
 made his specification too broad, claiming more than that of which he or 
 the party through whom he claims was the first inventor or discoverer, 
 or has in the specification claimed that he or the party through whom he 
 claims was the first inventor or discoverer of any material or substan- 
 tial part of the invention or discovery patented of which he was not the 
 first inventor or discoverer, and had no legal right thereto; — the pa- 
 tentee may, on payment of the fee hereinafter provided, make disclaimer 
 of such parts as he shall not claim to hold by virtue of the patent or the 
 assignment thereof; — such disclaimer shall be in writing, and in dupli- 
 cate, and attested in the manner hereinbefore prescribed for a patent, one 
 copy to be filed and recorded in the ofl&ce of the Commissioner, the other 
 copy to be attached to the Patent and made a part thereof by reference, 
 and such disclaimer shall thereafter be taken and considered as part of 
 the original specification. Such disclaimer shall not effect any action 
 pending at the time of its being made, except in so far as may relate to 
 the question of unreasonable neglect or delay ia making it. In case of 
 the death of the original Patentee or of his having assigned the Patent, a 
 like right shall vest in his assigns or legal representatives respectively, 
 any of whom may make disclaimer. The Patent shall thereafter be 
 deemed good and valid for so much of the invention or discovery as is 
 truly the disclaimant's own, and not disclaimed, provided it be a material 
 and substantial part of the invention or discovery, and definitely distin- 
 guished from other parts claimed without right ; and the disclaimant shall 
 be entitled to maintain a suit for such part accordingly. 
 
 ; , ASSIGNMENT AND INFRINGEMENT OP PATENTS. 
 
 21. The Government of Canada may always use any patented inven- 
 tion or discovery, paying to the patentee such sum as the Commissioner 
 may report to be a reasonable compensation for the use thereof. 
 
 22. Every Patent for an invention or discovery whensoever issued shall 
 be assignable in law either as to thfe whole interest or as to any part 
 thereof, by any instrument in writing ; but such assignment, and also 
 every grant and conveyance of any exclusive right to make and use and to 
 grant to others the right to make and use the invention or discovery 
 patented within and throughout the Dominion of Canada, or within and 
 
throughout any one or more of the Provinces of Ontario, Quebec, Nova 
 Scotia or New Brunswick, or any part of any of such Provinces or 
 ■of the Dominion, shall be registered in the office of the Commissioner ; 
 and every assignment aflfecting a Patent for invention or discovery shall 
 he deemed null and void against any subsequent assignee, unless such 
 instrument is registered as hereinbefore prescribed, before the registering of 
 the instrument under which such subsequent assignee may claim. 
 
 23. Every person who without the consent in writing of the Patentee 
 makes, consUacts or puts in practice any invention or discovery for 
 which a Patent has been obtained under this Act or procures such invention 
 or discovery from any person not authorized to make or use it by the 
 Patentee, and uses it, shall be liable to the Patentee in an action of 
 damages for so doing ; — and the judgment shall be enforced, and the 
 damages, and costs as may be adjudged, shall be recovered in like manner 
 as in other cases in the Court in which the action is brought. 
 
 24. An action for the infringement of a Patent may be brought before 
 any Court of Recoi'd having jurisdiction to the amount of damages asked 
 for and having its sittings within the Province in which the infringe- 
 ment is said to have taken place, and being at the same time, of the 
 Courts of such jurisdiction within such Province, the one of which the 
 place of holding is nearest to the place of residence or of business of the 
 defendant ; and such Court shall decide the case and determine as to 
 costs. In any action for the infringement of a Patent, the Court if sit- 
 ting, or any Judge thereof in Chambers if the Court be not sitting, 
 may on the application of the plaintiff or defendant respectively 
 make such order for an injunction, restraining the opposite party from 
 further use, manufacture or sale of the subject matter of the patent, and 
 for his punishment in the event of disobedience to such order; or for 
 inspection or account, and respecting the same and the proceedings in the 
 action, as the Court or Judge may see fit; but from such order an appeal 
 shall lie under the same circumstances and to the same Court, as from 
 other judgments or orders of the Court in which the order was made. 
 
 25. Whenever the plaintiff fails to sustain his action, because his speci- 
 fication arid claim embrace, more than that of which he was the first 
 inventor or discoverer, and it appears that the defendant used or infringed 
 any part of the invention or discovery justly and truly specified and 
 claimed as new, the Court may discriminate, and the judgment may be 
 rendered '^ordingly. 
 
 26. The defendant in any such action may specially plead as matter 
 of defence any fact or default which by this. Act or by law would render 
 the Patent void ; and the Court shall take cognizance of that special plead- 
 ing and of the facts connected therewith, and shall decide the case accord- 
 ingly. 
 
 NULLITY, IMPEACHMENT AND VOIDANCE OF PATENTS. 
 
 27. A Patent shall be void, if any material allegation in the petition or 
 declaration of the applicant be untrue, or if the specification and drawings 
 contain more or less than is necessary for obtaining the end for which 
 they purport to be made, such omission or addition being wilfully made 
 for the purpose of misleading ; but if it shall appear to the Court that 
 
45 
 
 such omission or addition is simply an involuntary error, and it is proved 
 that the Patentee is entitled to the remainder of his Patent j^ro tanto, th& 
 Court shall render a judgment in accordance with the facts, and determine 
 as to costs, and the Patent shall be held valid for such part of the inven- 
 tion described, and two office copies of such judgment shall be furnished 
 to the Patent Office by the Patentee, one to be registered and to remain 
 of record in the Office, and the other to be attached to the Patent and 
 made a part of it by a reference. 
 
 28. Every Patent granted under this Act shall be subject and express- 
 ed to be subject to the condition that such Patent and all the rights and 
 privileges thereby granted shall cease and determine and the Patent shall 
 
 ' be null and void, at the end of three years from the date thereof, unless 
 the Patentee shall within that period, have commenced and shall after 
 such commencement carry on in Canada the construction or manufacture 
 of the invention or discovery patented in such manner that any person 
 desiring to use it may obtain it or cause it to be made for him at a rea- 
 sonable price at some manufactory or establishment for making or con- 
 structing it in Canada, and that such patent shall be void if after the ex! 
 piration of eighteen months from the granting thereof the patentee or his 
 assignee or assignees for the whole or a part of his interest in the Patent 
 imports or causes to be imported into Canada, the invention or discovery 
 for which the Patent is granted. 
 
 29. Any person desiring to impeach any Patent issued under this Act, 
 
 may obtain a sealed and certified copy of the Patent and of the petition , 
 
 declaration, drawings and specification thereunto relating, and may hav e 
 
 the same filed in the Office of the Prothonotary or Clerk of the Superior 
 
 Court for the Province of Quebec, or of the Court of Queen's Bench or 
 
 Common Pleas for the Province of Ontario, or of the Supreme Court in 
 
 the Province of Nova Scotia, or of the Court of Queen's Bench in the 
 
 Province of New Brunswick, according to the domicile elected by the 
 
 Patentee as aforesaid : which Courts shall adjudicate on the matter and 
 
 decide as to costs. The Patent and documents aforesaid shall then be 
 
 held as of record in such Court, so that a Writ of Scire Facias under the 
 
 Seal of the Court grounded upon such record may issue for the repeal of 
 
 the Patent, for legal cause as aforesaid, if upon proceei lings had upon the 
 
 "Writ in accordance with the meaning of this Act the Patent be adjudged 
 
 to be void. 
 
 30. A certificate of the judgment voiding any Patent shall, at the 
 request of any person or party filing it to be of record in the Patent 
 Office, be entered on the margin of the enrolment of the Patent in the 
 Office of the Commissioner, and the Patent shall thereupon be and be 
 held to have been void and of no effisct, unless and until the judgment be 
 reversed on appeal as hereinafter provided. 
 
 31. The judgment declaring any Patent void shall be subject to appeal 
 to any Court of Appeal having appellate jurisdiction in other cases over 
 the Court by which the same was rendered. 
 
 PATENTS ISSUED UNDER FORMER LAWS. 
 
 32. All Patents issued under any Act of the Legislature of the late 
 Province of Canada, or of Nova Scotia or of New Brunswick, and all 
 
4e 
 
 Patents issued for the Provinces of Ontario and Quebec under the Act 
 of the late Province of Canada, to the date of the coming into operation 
 of the present Act, shall remain in force for the same term, and for the 
 same extent of territory, as if the Act under which they were issued had 
 not been repealed, but subject to the provisions of this Act in so far as 
 applicable to them. 
 
 2. And it shall be lawful for the Commissioner, upon the application 
 of the Patentee named in any snoh Patent, being the inventor or dis- 
 coverer of the subject matter of the patent and a British subject, or a 
 resident in any Province of Canada for upwards of a year, if the subject 
 matter of the patent has not been known or used, nor with the consent of 
 the patentee on sale in any of the other Provinces of the Dominion, to* 
 issue on payment of the proper fees in that behalf a patent under this 
 Act extending such Provincial patent over the whole of the Dominion, 
 subject to the provisions of the seventeenth section; but no patent so 
 issued shall extend beyond the remainder of the term mentioned in the 
 Provincial Patent. 
 
 33. All the records of the Patent Offices of the late Province of Can- 
 ada, and of the Provinces of Ontario and Quebec, of Nova Scotia and 
 New Brunswick, shuU be handed over by the officers in charge of them to 
 the Commissioner of ratents of invention or discovery, to form part of 
 4he records of the Patent Office for the purposes of this Act. 
 
 TARIFF OF FEES. 
 
 34. The foUoning fees shall be payable, to the Commissioner, before an 
 application for any of the purposes hereinafter mentioned shall be enter- 
 tained, that is to say : 
 
 On petition for a Patent for 5 years $20.00 
 
 On petition for extension from 5 to 10 years 20.00 
 
 On petition for extension from 10 to 15 years 20.00 
 
 On lodging a Caveat 5.00 
 
 On asking to register a judgment pro tanto «. 4.00 
 
 On asking to register an assignment 2.00 
 
 On askingto attach a Disclaimer to a patent 4.00 
 
 On asking for a copy of Patent with specification 4.00 
 
 On petition to re-issue a Patent after surrender, and on petition , 
 to extend a former patent to the Dominion, the fee shall be - 
 
 at the rate of. 4.00 
 
 lor every unexpired year of duration of such Patent 
 On office copies of Documents, not above mentioned, the following 
 charges shall be exacted ; 
 
 For every single or first folio of certified copy $0.50 
 
 For every subsequent hundred words, (fractions from and 
 under fifty being not counted, and over fifty being counted for 
 one hundred) 0.25 
 
 35. For every copy of drawings, the party applying shall pay such 
 sum as the Commissioner considers a fair remuneration for time and labour 
 expended thereon by an officer of the Department or person employed to 
 perform such service. 
 
 k!; 
 
41 
 
 36. The said fees shall be in full of all services performed under this 
 Act in any such case by the Commissioner or any person employed in the 
 Patent OfiBce. 
 
 37. All fees received under this Act shall be paid over to the Receiver 
 General and form part of the Consolidated Bevenue Fund of Canada, 
 except such sums as may be paid for copies of drawings when made by 
 persons not receiving salaries in the Patent Office. 
 
 38. No fee shall be made the subject of exemption in favour of any 
 person , and no fee, once paid, shall be returned to the person who paid it, 
 except: ,. 
 
 1. When the invention is not susceptible of being patented ; 
 
 2. When the petition for a patent is withdrawn ; 
 
 And in every such case the Commissioner may return one-half of the 
 fee paid ; 
 
 And in the case of withdrawal, a fresh application shall be necessary to 
 revive the claim, as if no proceeding had taken place in the matter. 
 
 , MISCELLANEOUS PROVISIONS. 
 
 39. An intending applicant for a Patent who has not yet perfected his 
 invention or discovery and is in fear of being despoiled of his idea, may 
 file in the Patent Office a description of his invention or discovery so far, 
 with or without plans, at his own will ; and the Commissioner, on recep- 
 tion of the fee hereinbefore prescribed, shall cause the said document to 
 be preserved in secrecy, with the exception of delivering copies of the 
 same whenever required by the said party or by any judicial tribunal — 
 the secrecy of the document to cease when he obtains a Patent for his 
 invention or discovery ; and such document shall be called a caveat. 
 Provided always that if application shall be made by any other person for 
 a Patent for any invention or discovery with which such caveat may in 
 any respect interfere, it shall be the duty of the Colnmissioner forthwith 
 to give notice by mail to the person who has filed such caveat, and such 
 person shall within three months after the date of mailing the notice, if 
 he would avail himself of the caveat, file his petition and take the other 
 steps necessary on an application for patent, and if, in the opinion of the 
 Commissioner, the applications are \nterfering, like proceedings may be 
 bad in all respects as are by this Act provided in the case of interfering 
 applications. Provided further that unless the person filing any caveat, 
 shall within four years from the filing thereof have made application for a 
 patent, the caveat shall be void. 
 
 40. The Commissioner may object to grant a Patent in the following 
 oases : 
 
 1. When he is of opinion that the alleged invention or discovery is not 
 patentable in law ; 
 
 2. When it appears that the invention or discovery is already in the 
 possession of the public with the consent or allowance of the inventor; 
 
 3. When it appears that the invention or discovery has been described 
 in a book or other printed publication before the date of the application 
 or otherwise in the possession of the public ; 
 
48 
 
 4. When it appears that the invention or discovery has already been 
 patented, except, however, when the case is one within the seventh section 
 of this Act or one in which the Commissioner has doubts as to whether 
 the patentee or the applicant is the first inventor or discoverer. 
 
 41 . Whenever the Commissioner objects to grant a Patent as afore- 
 said, he shall notify the applicant to that eflfect and shall state the ground 
 or reason therefor with sufficient detail to enable the applicant to answer, 
 if he can, the objection of the Commissioner, 
 
 42. Every applicant who has failed to obtain a Patent by reason of 
 the objection of the Commissioner as aforesaid, may at any time within 
 six months after notice thereof has been addressed to him or his agent, 
 appeal from the decision of the Commissioner to the Governor in 
 Council. 
 
 43. In cases of interfering applications for any Patent, the same shall 
 be submitted to the arbitration of three skilled persons, one of whom shall 
 be chosen by each of the applicants, and the third person shall be chosen 
 by the Commissioner, or by his Deputy or the person appointed to perform 
 the duty of that office j — And the decision or award of such Arbitrators, 
 or any two of them, delivered to the Commissioner in writing, and sub- 
 scribed by them, or any two of them, shall be final as far as respects the 
 granting of the Patent ; 
 
 2. If either of the applicants refuses or fails to choose an Arbitrator 
 when required so to do by the Commissioner, the Patent shall issue to 
 the opposite party ; — And when there are more than two interfering 
 applicants, and the parties applying do not all unite in appointing three 
 Arbitrators, the Commissioner or his Deputy, or person appointed to 
 perform the duty of that office, may appoint the three Arbitrators for 
 the purposes aforesaid. 
 
 44. AH specifications, drawings, models, disclaimers judgments and 
 other papers, except caveats, shall be open to the inspection of the public 
 at the Patent Office, under such regulations as may be adopted in that 
 behalf. 
 
 45. Clerical errors happening in the framing or copying of any instru- 
 ment of the Patent Office, shall not be construed as invalidating the 
 same, but when discovered they may be corrected under the authority of 
 the Commissioner. 
 
 46. In case any Liters Patent shall be destroyed or lost, others of the 
 like tenor, date and effect may be issued in lieu thereof, on the party 
 paying the fees hereinbefore prescribed for office copies of documents. 
 
 47. No Letters Patent shall extend to prevent the use of any invention 
 or discovery in any foreign ship or vessel, where such invention or dis- 
 covery is not so used for the manufacture of any goods to be vended 
 within or exported from Canada. 
 
 48. Every person who before the issuing of a patent has purchased, 
 constructed or acquired any invention or discovery for which a Patent 
 has been obtained under this Act, shall have the right of using and 
 vending to others, the specific art, machine, manufacture or composition 
 of matter patented, so purchased, constructed or acquired before the 
 issue of the Patent therefor, without being liable to the Patentee or his 
 representatives for so doing ; but the Patent shall not be held invalid as 
 
 -* 
 
 ,^ i^ 
 
49 
 
 ■'.\; 
 
 regards other persons by reason of stich purchase, construction or acqui 
 sition or use of the invention or discovery by the person first aforesaid, 
 or by those to whom he may have sold the same, unless the same was 
 purchased, constructed or acquired or used for a longer period than one 
 year before the application for a patent therefor. 
 
 49. Every patentee under this Act, shall stamp, or engrave on each 
 patented article sold or oflFered for sale by him, the year of the date oT the 
 Patent applying to such article, thus : " Patented 1869," — or as the case 
 mayj be ; and any such patentee selling or offering for sale any such 
 Patented article not so marked, shall be liable to the punishment of a 
 fine not to exceed one hundred dollars, and, in default of the payment of 
 such fine, to imprisonment not to exceed two months. 
 
 50, Whosoever writes, paints, prints, moulds, casts, carves, engraves, 
 stamps or otherwise marks upon anything made or sold by him, and for 
 the sole making or selling of which he is not the PaLoatee, the name or 
 any imitation of the name of any Patentee for the sole making or selling 
 of such thing without the consent of such Patentee — or without the con- 
 sent of the Patentee writes, paints, prints, moulds, casts, carves, engraves, 
 stam ps or otherwise marks upon anything not purchased from the Patentee, 
 the words, " Patent," " Letters Patent," Queea's Patent," Patented," 
 or any word or words of like import, with the intent of counterfeiting or 
 imit ating the stamp, mark or device of the Patentee, or of deceiving the 
 pub nc and inducing them to believe that the thing in question was made 
 or s^ld by or with the consent of the Patentee, — shall be deemed to have 
 committed a misdemeanour, and shall on conviction be punished therefor 
 by fine, or by imprisonment, or both, in the discretion of the Court before 
 which the conviction shall be had ; but the fine shall not exceed two 
 hundred dollars, nor shall the imprisonment exceed three months. 
 
 51. Any person wilfully making or causing to be made any false entry 
 in any register or book, or any false or altered copy of any document 
 relating to the purposes of this Act, or who shall produce or tender any 
 such false or altered document knowing the same to be such, shall be 
 guilty of a misdemeanour and shall be punished by fine and imprison- 
 ment accordingly. 
 
 52. Chapter thirty-four of the Consolidated Statutes of the late Province 
 of Canada, respecting Patents for inventions, — Chapter one hundred 
 and seventeen of the Revised Statutes of Nova Scotia, (third series), — 
 Chapter one hundred and eighteen of the Revised Statutes of New Bruns- 
 wick, — and any Act amending any of the said Chapters, or any other 
 Act, are hereby repealed, in so far as they or any of them may be incon- 
 sistent with this Act, or make any provision in any matter provided for 
 by this Act, except only as respects all rights acquired and penalties or 
 liabilities incurred under the said laws or any of them, before the coming 
 into force of this Act. 
 
 53. When citing this Act it shall be sufficient to call it *' The Patent 
 Act of 1869." 
 
 54. This Act shall commence and take effect on the first day of July, 
 1869. 
 
60 
 
 An Act respecting Trade Marks and Industrial Designs. 
 
 HER Majesty, by and with the advice and consent of the Senate and 
 House of Commons of Canada, enacts as follows : 
 
 1. The Minister of Agriculture shall cause to be kept in his office 
 books to be denominated respectively the " Trade Mark Register," and 
 <* The Register of Industrial Designs," in which any proprietor of a 
 Trade Mark ci- of a Design may have the same registered by depositing 
 with the said IM inister a drawing and description in duplicate of such 
 Trade Mark or Design, together with a declaration that the same was 
 not in use to his knowledge by any other person than himself at the time 
 of his adoption thereof; and the said Minister of Agriculture, on receipt 
 of the fee hereinafter protided, shall cause the said Trade Mark or 
 Design to be examined; to ascertain whether it resembles any other 
 Trade Mark or Design already registered ; and if he find that such 
 Trade Mark or Design is not identical with or does not so closely 
 resemble as to be confounded with any other Trade Mark or Design already 
 registered, he shall register the same, and shall return to the proprietor 
 thereof one copy of the drawing and description, with a certificate signed 
 by the Ministet* or his Deputy to the effect that the said Trade Mark 
 or Design has been duly registered in accordance with the provisions of 
 this Act ; and there shall be further stated in such certificate the day, 
 month and year of the entry thereof, in the proper Register ; and every 
 such certificate shall be received in all Courts of I'a»v or of Equity in 
 Canada, as evidence of the facts therein alleged, witliout proof of the 
 signature. 
 
 2. The Minister of Agriculture may, from time to time, subject t(t the 
 approval of the Governor in Council, make such rules anci regulations, 
 and adopt forms for the purposes of this Act, and such rules, regulations 
 and forms circulated in print for the use of the public, shall be deemed 
 to be correct for the purposes of this Act, and all documents executed 
 according to the same and accepted by the Minister of Agriculture shall be 
 held valid so far as relates to the official proceedings under this Act. 
 
 TRADE MARKS. '" 
 
 3. For the purposes of this Act, all marks, names, brands, labels, 
 packages or other business devices, which may b> adopted for use by any 
 person in his trade, business, occupation or calling, for the purpose of 
 distinguishing any manufacture, product or article of any description 
 by him manufactured, produced, compounded, packed or offered for sale, 
 no matter how applied, whether to such manufacture, product or article, 
 or to any package, parcel, case, box or other vessel or receptacle of any 
 description whatever containing the same, shall be considered and known 
 
61 
 
 as Trade Marks, and may be registered for the exclusive use of the party 
 registering the same in the manner hereinafter provided ; and thereafter 
 he shall have the exclusive right to use the same, to designate articles 
 manufactured or sold by him, and for the purposes of this Act, timber 
 and lumber of any kind upon which libor has been expended by any per* 
 son in his trade, business, ocouj on or calling shall be deemed a manu- 
 facture, product or article. 
 
 4. Any person having registered a Trade Mark may petition for the 
 cancellation of the same, and the Minister of Agriculture may cause, 
 on receiving'such petition, the said Trade Mark to be so cancelled ; and 
 the same shall after such cancellation be considered as if it had never 
 been registered under the name of the said party. 
 
 5. Every Trade Mark registered in the office of the Minister of Agri 
 culture shall be assignable in law, and on the assignment being produced 
 and the fee hereinafter provided being paid, the Minister of Agriculture 
 shall cause the name of the assignee, with the date of the assignment 
 and such other details as he may see fit, to be entered on the margin of 
 the Register of Trade Marks on the folio where such Trade Mark is 
 registered. 
 
 6. If any person shall make application to ra5 ister, as his own, any 
 Trade Mark, which has been already registered, the Minister of Agricul- 
 ture shall cause all parties interested therein to be notified to appear, in 
 person or by Attorney, before him, with their witnesses, for the purpose 
 of establishing which is the rightful owner of such Trade Mark, and 
 after having heard the parties and their witnesses, the ssaid Minister 
 shall order such entry or cancellation, or both, to be made a he shall deem 
 just; in the absence of the said Minister, his Deputy may hear and 
 determine the case and make such entry or cancellation or both, as to right 
 and justice may appertain, and, similarly, any error in Registering 
 Trade Marks or any oversight about conflicting registrations of Trade 
 Marks may be settled in the same manner. 
 
 7. If any person, other than the party who has registered the same, 
 shall mark any goods or any article of any description whatever with any 
 Trade Mark registered under the provisions of this Act, or with any 
 part of such Trade Mark, whether by applying such Trade Mark or any 
 pa eof to the article itself or to any package or thing contain! ig 
 sucii u. acle, or by using any package or thing so marked which has been 
 used by the proprietor of such Trade Mark, or shall knowingly sell or 
 offer for sale any article marked with such Trade Mark, or with any 
 part thereof, with intent to deceive and to induce persons to believe that 
 such article was manufactured, produced, compounded, packed or sold 
 by the proprietor of such Trade Mark, he shall be guilty of a misde- 
 meanor, and, on conviction thereof, shall forfeit, for each offence, a sum 
 of not less than twenty dollars and not exceeding one hundred dollars, 
 which amount shall be paid to the proprietor of such Trade Mark, together 
 with the costs incurred in enforcing and recovering the same ; Provided, 
 always, that every complaint under this section shall be made by the 
 proprietor of such Trade Mark, or by some one acting on his behalf and 
 duly authorised thereto. 
 
 8. If any person shall knowingly and wilfully register as his own any 
 
> ( 
 
 52 
 
 Trade Mark the property of a person not resident in Canada, he shall 
 be guilty of a misdemeanor, and shall be subject and liable to the penalty 
 mentioned in the precediDg section ; And the entry of every such Trade 
 Mark in the Trade Marks Register, shall be cancelled on receipt of a 
 certificate signed by the Clerk of the Court, or the Justices of the Peace 
 before whom the conviction was had, of any such conviction ; and one- 
 half of every such penalty shall be paid to the party prosecuting, and 
 the other half to the Crown. 
 
 9. If any person shall counterfeit or use the Trade Mark of any person, 
 not resident in Canada, with intent to deceive the public and lead to the 
 belief tha. the articles or package so marked were manufactured or put up 
 by the owner of such Trade Mark, although the same is not registered iu 
 Canada, he shall on conviction thereof, forfeit a sum of not less than ten 
 dollars nor more than fifty dollars for each ofience, with costs, one-half 
 of which penalty shall be paid to the complainant and the other half to 
 the Crown. 
 
 10. Complaints under either of the two next preceding sections may 
 be brought by any party or person whatever, and the penalties mentioned 
 in the three next preceding sections shall be enforced and recovered in 
 the same manner, and subject to the same provisions as are provided in 
 the sections of this Act respecting the registration and protection of 
 designs. 
 
 11. The use of any Trade Mark either identical with that of any 
 manufacturer, producer, packer, or vender, or so closely resembling it as to 
 be calculated to be taken for it by ordinary purchasers, shall be held to 
 be a use of such Trade Mark. 
 
 12. Notwithstanding anything in the preceding sections contained, a 
 suit may be maintained by any proprietor of a Trade Mark against any 
 person using his registered Trade Mark, or any fraudulent imitation 
 thereof, or selling articles bearing such Trade Mark, or any such imita- 
 tion thereof, or contained in packages being or purporting to be his, con- 
 trary to the provisions of this Act. 
 
 Registkation of Designs. 
 
 ^ 13. The Copyright acquired for an industrial design by the Registra- 
 tion of the same as aforesaid shall be valid for the term of five years. 
 
 14. Every design to be protected must be registered before publica- 
 tion ; and, after Registration, the name of the proprietor, who must be 
 a resident of Canada, shall appear upon the article to which his design 
 applies ; if the manufacture be a woven fabric, by printing upon one end, 
 if another substance, at the edge or upon any convenient parts, the let- 
 ters Rd., with the mention of the year of the Registration ; the mark 
 may be put upon the manufacture by making it on the material itself 
 or by attaching thereto a label containing the proper marks. 
 
 15. The author of the design shall be considered the proprietor there- 
 of, unless he has executed the design for another person, for a good or 
 valuable consideration, in which case such other person shall be consider- 
 ed the proprietor, and shall alone be entitled to register it ; but his right 
 to the property shall only be co-extensive with the right which he may 
 have acquired. 
 
 ' 
 
53 
 
 
 
 16. Every design shall be assignable in law, either as to the whole 
 interest or any undivided part thereof, by an instrument in writing, which 
 assignment shall be recorded in the office of the Minister of Agriculture, 
 on payment of the fees hereinafter provided ; And every proprietor of 
 a design may grant and convey an exclusive right, under any copyright, 
 to make, use and vend, and to grant to others to make use and vend such 
 design within and throughout Canada or any part thereof, for the unex- 
 pired term thereof or any part thereof; which exclusive grant and con- 
 veyance shall be called a license, and shall be recorded in the same manner, 
 and within the same delay as assignments. 
 
 17. During the existence of the right (whether it be of the entire or 
 partial use of such design,) no person shall, without the license in writing 
 of the registered proprietor, apply such design, or a fraudulent imitation 
 thereof to the ornamenting of any article of manufacture, &c., for the 
 purposes of sale, or publish, sell or expose for sale or use any article of 
 manufacture, &c., to which such design, or fraudulent imitation thereof 
 shall have been applied, under penalty cI" not less than twenty dollars, and 
 not exceeding one hundred and twenty dollars, to the proprietor of the 
 design, and costs-— to be recovered by the registered proprietor, or his 
 assignee, by suit in any Court, having jurisdiction in suits of a like amount. 
 
 18. Every person placing the words " registered," or the letters " Rd.," 
 upon any unregistered article, or upon any article the copyright of which 
 has run out, or advertising the same for sale as a registered article, or 
 unlawfully selling, publishing, or exposing for sale such article, knowing 
 the same to have been fraudulently stamped or that the copyright thereof 
 has expired, shall forfeit for every offence a sum not less than four dol- 
 lars and not exceeding thirty dol'ars, to be recovered in the same manner 
 as penalties undor the next preceding section, and that by any person 
 whatever, who shall receive one half the amount of the said last mentioned 
 penalty, on the recovery of the amount which the offender may have 
 been condemned to pay. 
 
 19. A suit may be maintained by the proprietor of any design for the 
 damages he hjs sustained by the application or imitation of the design, 
 for the purpose of sale, against any person so offending, he (the offender) 
 knowing that the proprietor of the design had not given his consent to such 
 application. 
 
 20. If any person, not being the lawful proprietor of a design, be 
 registered as proprietor thereof, the rightful owner may institute 
 an action in the Superior Court in the Province of Quebec, in the Court of 
 Queen's Bench in the Province of Ontario, and in the Supreme Court in 
 the Provinces of Nova Scotia or New Brunswick as the case may be, and 
 the Court having cognizance of such suit may, if it appear that the desigtf 
 has been registered in the name of a wrong person, either direct the 
 registration to be cancelled, or that the name of the lawful proprietor shall 
 be substituted for the name in the register, with costs in its discretion, 
 and on application by the Plaintiff supported by affidavit, it shall be lawful 
 for any such Court, pending such action or proceedings, at its discretion, to 
 issue an order upon the defendant prohibiting the use of such design, 
 pending such suit or proceedings, under pain of being held in contempt 
 vof such Court. 
 
64 •-■■.., 
 
 21. The Minister of Agriculture, after due service of such order and 
 payment of the fee hereinafter provided, shall cause such alteration to be 
 made in the Register as shall in said order be directed. 
 
 22. All proceedings, under the preceding sections of this Act, shall be 
 brought within twelve months from the commission of the offence, and not 
 after ; nor shall any of the clautes of this Act apply to protect any design 
 which does not belong to a person resident within Canada and is not applied 
 to a subject matter manufactured in Canada. 
 
 23. On the copy returned to the person registering, a certificate shall 
 be given, signed by the Minister or by his Deputy, that the Design has 
 been regi tered, the date of registration, the name of the registered pro- 
 prietor, his address, the number of such design, and the number or letter 
 employed to denote or correspond with the registration, which said certi- 
 ficate, in the absence of proof to the contrary, shall be sufficient proof of 
 the design, of the name of the proprietor, of the registration of the com- 
 mencement and period of registry, of the person named as proprietor 
 being proprietor, of the originality of the design, and of compliance with 
 the provisions of this Act ; and generally the writing so signed shall be 
 received as evidence of the facts therein stated, without proof of the 
 signature. 
 
 GENERAL PROVISIONS. 
 
 24. Any person may be allowed to inspect the Register of Trade Marks 
 and the Register of Industrial Designs ; and the Minister may cause 
 copies or representations of Trade Marks or Industrial I igns to be 
 delivered, on the applicant for the same paying the fee wl ;h shall be 
 deemed sufficient for the purpose of having the same copied or represent- 
 ed. 
 
 25. The Minister of Agriculture shall have power to refuse to register 
 such designs as do not appear to him to be within the provisions of this 
 Act, or when the design is contrary to public morality or order, subject, 
 however, to appeal to the Governor in Council. 
 
 26. The Minister of Agriculture shall, from time to time, cause to be 
 published in the Canada Gazette the titles of the designs registered and 
 the names and places of abode of the registered proprietors. 
 
 27. Clerical errors happening in the drawing up or copying of any 
 instrument, shall not be construed as invalidating the same, but when 
 discovered they may be corrected under the authority of the Minister 
 of Agriculture. 
 
 28. The following fees shall Ibe payable, to wit : 
 
 On every application to register a design or Trade Mark, 
 
 including certificate $5.00 
 
 For eflch certificate of registration not already provided for 1.00 
 
 For each copy of any drawing, the reasonable expenses of preparing 
 the same. 
 
 For recording any assignment ;r 2.00 
 
 For office copies of Documents or entries, not above mentioned, the 
 following charges shall be exacted : 
 
 For every single or first folio , $0.50 
 
55 
 
 ■^»kI 
 
 For every subsequent hundred words, (fractions from and under ^ 
 fifty being not counted, and over fifty being counted for one 
 hundred) 0.25 
 
 All of which fees shall be paid over by the Minister of Agriculture 
 to the Keceiver General of Canada. /. I ! .; ■ 
 
 29. The Act twenty-fourth Victoria, chapter twenty-first of the Sta- 
 tutes of the late Province of Canada, and the thirtieth Victoria, chapter 
 thirty-first of the Province of New Brunswick, and all other Acts or 
 parts of Acts inconsistent with the present Act are hereby repealed as 
 to any further registration or the granting of any new exclusive right 
 under the provisions thereof; but all rights heretofore acquired by virtue 
 of such provisions shall remain good and valid and assignable in law, 
 and all penalties and forfeitures incurred or to be incurred under the 
 same m ly be sued for and enforced, and all prosecutions commenced 
 before the passing of this Act for any such penalties or forfeitures already 
 incurred may be continued and completed, and entries and registrations 
 under the said Acts respectively may be cancelled, as if the said Acts and 
 parts of Acts had not been repealed. 
 
 30. For all the purpose of the Act of Canada cited in the next pre- 
 ceding section of this Act, so far as the same remains in force after the 
 passing of this Act, the Deputy of the Minister of Agriculture shall bo 
 and is hereby substituted for the Secretary of the Board of Registration 
 and Statistics mentioned in the said Act, and shall have all the powers 
 and duties of these officers. 
 
 31. In citing this Act it shall be sufficient to call it " The Trodo 
 Mark and Design Act of 1868." 
 
 ■■'n:' 
 
 ■.-i'AJ:-!'' {■' ■, (,< iltii;^ 
 
56 
 
 H 
 
 An Act respecting Copyrights. 
 
 ER Majesty, by and with the advice and consent of the Senate and 
 House of Commons of Canada, enacts as follows : 
 
 1 . The Minister of Agriculture shall cause to be kept in his Office, a 
 book to be called the " Register of Copyrights" in which proprietors of 
 literary, scientific, and artistical works or compositions, may have the 
 same registered in accordance with the provisions of this Act. 
 
 2. The Minister of Agriculture may, from time to time, subject to the 
 approval of the Governor in Council, make such rules and regulations and 
 prescribe such forms, as may appear to him necessary and expedient for 
 the purposes of this Act ; such regulations and forms being circulated in 
 print for the use of the public shall be deemed to be correct for the pur- 
 poses of this Act, and all documents, executed according to the same and 
 accepted by the said Minister of Agriculture, shall be held valid so far 
 as relates to all official proceedings under this Act. 
 
 3. Any person resident in Canada or any person being a British sub- 
 ject, and resident in Great Britain or Ireland, who is the author of any 
 book, map, chart, or musical composition, or of any original painting, 
 drawing, statuary, sculpture or photograph, or who invents, designs, 
 etches, engraves or causes to be engraved, etched or made from his own 
 design, any print or engraving, and the legal representatives of such per- 
 sons, shall have the sole right and liberty of printing, reprinting, pub- 
 lishing, reproducing and vending such literary, scientific or artistical 
 works or compositions in whole or in part, and of allowing translations 
 to be made of such literary works from one language into other lan- 
 gua -,es, for the term of twenty-eight years, from the time of recording the 
 title thereof in the manner hereinafter directed ; but no immoral or licen- 
 tious, treasonable or seditious book or any other such literary, scientific 
 or artistical work or composition shall be the subject of such registration 
 or Copyright. 
 
 4. If at the expiration of the aforsaid term, such author, or any of 
 the authors, where the work has been originally composed and made by 
 more than one person, be still living, and residing in Canada or in Great 
 Britain or Ireland, or being dead, has left a widow or a child, or children 
 living, the same exclusive right shall be continued to such author, or if 
 dead, then to such widow and child or children, ( as the case may be) 
 for the further time of fourteen-years ; but in such case within one year 
 after the expiration of the first term, the title of the work secured shall 
 be a second time recorded, and all other regulations herein required to 
 be observed in regard to original Copyrights shall be complied with in 
 respect to such renewed Copyrights. 
 
 5. In all cases of renewal of Copyright under this Act, the author or 
 proprietor shall, within two months from the date of such renewal, cause 
 a copy of the record thereof to be published once in the Canada Gazette. 
 
 I 
 
6. No person shall be entitled to the benefit of this Act, unless he 
 lie has deposited in the Office of the Minister of Agriculture two copies 
 of such book, map, chart, musical composition, photograph, print, cut, or 
 engraving, and in case of paintings, drawings, statuary and sculptures, 
 unless he has furnished a written description of such works of art, and 
 the Minister of Agriculture shall cause the same to be recorded forthwith 
 in a book to be kept for that purpose, in the manner prescribed by the 
 rules and forms which may be made, from time to time, as herebefore pro- 
 vided, for which record the person claiming such right as aforesaid, shall 
 pay into the hands of the Minister of Agriculture one dollar, and the like 
 sum for every copy actually given to such person or his legal representa- 
 tives, and the sums so paid shall be paid over to the Receiver General to 
 form part of the Consolidated Revenue of Canada. 
 
 7. The Minister of Agriculture shall cause one of the two copies of 
 such book, map, chart, musical composition, photograph, print, out of 
 engraving aforesaid, to be deposited in the Library of the Parliament of 
 Canada. v • i. 
 
 8. No Person shall be entitled to the benefit of this Act, unless he 
 gives information of the Copyright being secured, by causing to be in- 
 serted in the several copies of every edition published during the term 
 secured, on the title'page, or the page immediately following, if it be a book, 
 or if a map, chart, musical composition, print, cut, engraving or photo- 
 graph, by causing to be impressed on the face thereof, or if a volume of 
 maps, charts, music or engravings, upon the title or frontispiece thereof, 
 
 < |r the following words, that is to say ; " Entered according to Act of Par- 
 
 liament of Canada, " in the year by A. B.,in, 
 
 " the Office of the Minister of Agriculture." But as regards paintings, 
 drawings, statuary and sculptures, the signature of the artist shall be 
 deemed a suffio ient notice for such proprietorship. 
 
 9. To entitle any such literary production or engraving as is in this 
 Act mentioned, being the work of any such person residing in Great 
 Britain or Ireland, to the protection of this Act, the same shall be printed 
 and published in Canada, and shall, in addition to the words directed to 
 be inserted by the last section of this Act, and immediately following 
 thereafter, contain the name and place of abode or business in Canada 
 of the printer and publisher thereof. 
 
 10. If any other person, after the recording of the title of any book 
 according to this Act, within the term or terms herein limited, prints 
 publishes or imports, or causes to be printed, published and imported, 
 any copy or any translation of such book without the consent of the 
 person legally entitled to the Copyright thereof, first had and obtained 
 by deed duly executed, or, knowing the sam to be so printed or imported 
 publishes, sells, or exposes to sale or causes to be published, sold or 
 exposed to sale any copy of such book without such consent in writing, such 
 oflFender shall forfeit every copy of such book to the person then legally 
 entitled to the Copyright thereof; and shall forfeit and pay two dollars, 
 for every such copy which maybe found in his possession, either printed 
 or printing, published, imported or exposed to sale, contrary to the intent 
 of this Act J of which penalty one moiety shall be to the use of Her 
 
58 
 
 Majesty, and the other to the legal owner of such Copyright, to be 
 recovered in any Court of competent jurisdiction. 
 
 11. If any person, after the recording of any painting, drawing, statu- 
 ary or sculpture work, within the term or terms limited by this Act, 
 reproduces In any manner or causes to be reproduced, made or sold, in part 
 or in the whole, copies of the said works of art, without the consent of 
 the proprietor or pioprietors, such offender or offenders shall forfeit t^e 
 plate or plates on which such reproduction has been made, and also every 
 sheet thereof so copied, printed or photographed to the proprietor or pro- 
 prietors of the Copyright thereof and shall further forfeit two dollars 
 for every sheet of the same reproduction so published or exposed to sale 
 contrary to the true intent and meaning of this Act ; and one moiety of 
 such forfeiture shall go to the Proprietor or Proprietors and the other 
 moiety to the use of Her Majesty, and such forfeiture may be recovered 
 in any Court of competent jusrisdiction. 
 
 12. If any person after the recording of the title of any print, r\it or 
 engraving, map, chart, musical composition or photograph, accordi.ig to 
 the provisions of this Act, within the term or terms limited by this Act, 
 engraves, etches or works, sells or copies, or causes to be engraved, etched 
 or copied, made or sold, either in the whole or by varying, adding to or 
 diminishing the main design, with intent to evade the Law, or prints or 
 imports for sale, or causes to be printed or imported for sale, any such 
 map, chart, musical composition, print, cut or engraving, or any parts 
 thereof, without the consent of the proprietor or proprietors of the Copy- 
 right thereof first obtained as aforesaid, or knowing the same to be so 
 printed or imported without such consent, publishes, sells or exposes to 
 sale, or in any manner disposes of any such map, chart, musical composition, 
 engraving, cut, photograph or print, without such consent, as atbresaid^ 
 such offender or offenders shall forfeit the plate or plates on which such map, 
 chart, musivial composition, engraving, out, photograph or print, has been 
 copied, and also every sheet thereof so copied or printed as aforesaid, to 
 the proprietor or proprietors of the Copyright thereof, and shall further 
 forfeit two dollars for every sheet of such map, musical composition, print, 
 cut or engraving, which may be found in his or their possession, 
 printed or published, or exposed to sale, contrary to the true intent and 
 meaning of this Act ; and one moiety of such forfeiture shall go to the 
 proprietor or proprietors, and the other moriety to the use of Her Majesty, 
 and such forfeiture may be recovered in any Court of competent jurisdic- 
 tion. 
 
 13. A literary work, intended to be published in pamphlet or book 
 form, but which is first published in separate articles in a newspaper or 
 periodical may be the subject of registration within the meaning of the 
 present Act, while it is so preliminarily published, provided that the title 
 of the manuscript and a short analysis of the work are deposited in the 
 Office of the Minister of Agriculture, the registration fee be duly paid 
 and that every separate article so published is preceded by the words 
 " Registered in accordance with the Copyright of 1868"; but the work 
 when published in book or pamphlet form, shall be subject, besides, to 
 the other requirements of this Act. 
 
 14. Nothing herein contained, however, shall prejudice the right of any 
 
69 
 
 person to represent any scene or object, notwithstanding that there may 
 be Copyright in some other representation of such scene or object. 
 
 15. Whenever the author of a literary, scientific or artistical work or 
 composition which may be the subject of Copyright has executed the 
 same for another person or has sold the same to another person for due 
 consideration, such author shall not be entitled to obtain or to retain the 
 proprietorship of such Copyright, which is by the said transaction virtually 
 transferred to the purchaser who may avail himself of such privilege, 
 unless a reserve of the said privilege is specially made by the author or 
 artist in a deed duly executed. 
 
 16. If any person prints or publishes any manuscript whatever in 
 Canada, or the same having been printed or published elsewhere, ofiFers 
 it or causes it to be ofiferedfor sale in Canada, without the consent of the 
 author or legal proprietor first obtained, such author or proprietor 
 being resident in Canada, or being a British subject resident in Great 
 Britain or Ireland, such person shall be liable to the author or proprietor 
 for all damages occasioned by such injury, to be recovered in any Court 
 of competent jurisdiction. 
 
 17. If any person prints, publishes or reproduces any book, map, chart, 
 musical composition, print, cut or engraving, or other work of art or photo- 
 graph, and not having legally acquired the Copyright thereof, inserts 
 therein, or impresses thereon, that the same hath been entered according 
 to this Act, or words purporting the same, every person so oflFending shall 
 incur a penalty not exceeding sixty dollars (one moiety thereof to the 
 person who sues for the same, and the other moiety to the use of Her 
 Majesty) to be recovered in any Court of competent jurisdiction. 
 
 18. No action or prosecution for the recovery of any penalty under 
 this Act, shall be commenced more than two years after the cause of 
 action arose. 
 
 19. Chapter eighty-one of the consolidated Statutes of the late Pro- 
 vince of Canada, and chapter one hundred and sixteen of the Revised 
 Statutes of Nova Scotia, (third series), and all other Acta or parts of 
 Acts, inconsistent with the provisions of the present Act, are hereby 
 repealed, subject to the provisions of the next section. 
 
 20. All Copyrights heretofore acquired under the Acts or parts of 
 Acts hereby repealed, shall, in respect of the unexpired terms thereof, 
 continue unimpaired, and shall have the same force and effect as regards 
 the Province or Provitices to which they now extend and shall be 
 assignable and renewable, and all penalties and forfeitures incurred and 
 to be incurred under the same may be sued for and enforced, and all pro- 
 secutions commenced before the passing of this Act for any such penal- 
 ties or forfeitures already incurred may be continued and completed as 
 if such Acts were not repealed. 
 
 21. In citing this Act it shall besufl&cient to call it "The Copyright 
 Act of 1868." 
 
The following notice to applicants for Patents, has been issued by 
 the Canada Patent Office ; and it will be seen that in the interest 
 of the Inventors, as well as of the public service, the employment 
 of a skilful Patent Solicitor to draw up the papers is recommended. 
 
 ■ ' NOTICE. 
 
 " The correspondence with the Department is carried, through the Canadian 
 Mail, free of postage. 
 
 " The forwarding of any paper should always be accompanied by a letter, and 
 a separate letter should b< ritten in relation to each distinct subject. 
 
 " The correspondence is carried on with the applicant, or with the agent who 
 has remitted or transmitted the papers to the office, but with one person only. 
 
 " It is particularly recommended that reference should be made to the law 
 before writing on any subject to the Department, in order to avoid unnecessary 
 «xplanations and useless loss of time and labour ; and it is also recommended, 
 'n every case, to have the papers and drawings prepared by a competent person, 
 for the interests both of the applicant and of the public service. 
 
 " it must be remembered that the better papers are executed the sooner the 
 work is despatched at the office and the surer the regularity of the proceedings 
 is guaranteed." 
 
TABLE OF CONTENTS. 
 
 PAGE, 
 Preliminary RemarkB to Inventors, 3^ 
 
 How to Invent 4 
 
 Small Inventions moet profitable 6 
 
 Where to mako application to obtain Patents e 
 
 General Remarks on the Dominion Patent Law 7 
 
 Brief Synopsis of Patent Law g 
 
 How to proceed to obtain a Pat<>nt 11 
 
 Preliminary search in Patent Office 11 
 
 Preparation of application and fyling of same in Patent Office... 11 
 
 Ixtcnsion of Provincial Patents over entire Dominion 14 
 
 Unexpired Patents issued under Provincial Acts may be prolonged seven years additional. ... 15 
 
 Interference and Infringement 15 
 
 Rejection of an Application 15 
 
 Caveats 16 
 
 Assignments 16 
 
 Copy-rights 17 
 
 Trade Marks and Industrial Designs 17 
 
 Foreign Patents 19 
 
 Great Britain 20 
 
 Austria 23 
 
 Bavaria, Belgium and Denmark 24 
 
 France, Hanover, Holland and German Confederation 25 
 
 Italy and Portugal 26 
 
 Prussia'and Russia 27 
 
 Sardinia, Saxony and Spain 28 
 
 Sweden, Norway, Australia, India 29 
 
 Cape of Good Hope, British Colonies, Mexico, Brazil 30 
 
 Chili, Peru, New Grenada, Argentine Confederation and Paraguay 31 
 
 United States of America 32 
 
 Partial List of Clients and References 33 
 
 Jominion Patent Law of 1869 39 
 
 " Trade Marks and Industrial DesignsLaw 60 
 
 " Copy-rights Law 66 
 
 Applicants for Patents recommended by the Patent Office to employ Patent.Sollcitors to draw 
 
 up papers 07