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/ 
 
 DEPARTMENT OF AGRICULTDRE 
 
 \\ 
 
 PATENT CIRCULAR 
 
 CONTAINING 
 
 1st. " THE COPYRIGHT ACT OF 1868." 
 
 2nd. *' THE TRADE MARK AND DESIGN ACT 
 
 OF 1868." 
 
 3rd. " THE PATENT ACT OF 1869." 
 
 i 
 
 
 OTTAvvA 
 
 FRUSTTED BY AUTHORITY. 
 
 iset. 
 
TIMES STEAM POWER WORKS, 
 38 SPARKS-St., 
 
 OTTAWA. 
 
; 
 
 h 
 
 An Act respecting Copyrights. 
 M"ER Majesty, by and with the advice and conRP«f nf +],« « 
 
 , ."x2^^ Minister of Agriculture shall cause to be kei^t in . . . 
 ins Office, a book to be called the " Register of Copyrthts " ^S^' 
 m which proprietors of literary, scientific, andT & 
 works or compositions, may have the same reffisteredTn 
 accordance with the provisions of this Act. "^^^^^^^^^^ ^^ 
 
 SUbiecUo th^^lnn.5 1^^?'.?^*^^' "^^y' ^^^"^ ^^^ t« ti^ie. Ministerof 
 
 suDject to the approval of the Governor in Council makp ^'^ij*'"","% 
 ^uch ru es and regulations, and prescribe such forms as^fv "''""'"'*"• 
 
 proceedings under this Act. "" ^^^ ""^'^^^ 
 
 ture or photograph, or who invents desiZf Etcher eLr?v?« 
 or causes to be engraved, etched or made 7rom hif own 
 design any print or engraving, and the legal repr^sentatl^^ 
 of such persons, shall have the sole right and hbertv of 
 printing, repnntmg, publishing, reprodiicin^ and vending 
 such literary, scientific or artislical works o^r coLoLS 
 
 of suPh ^r" '" ^"'S^'^f "^ ^""°^"^^ translations t^Cmade 
 of such literary works from one language into other lan^ua 
 ges, for the term of twenty-eio-ht vears fvnLM i^"^^^^: 
 recordingthetitlethereofin\h^mLSe.^^^^^^^^^^^ 
 
 o?Uv xri^b ir*""^' *^"^T^^^^ o.-re^d::rbook ^-^o. 
 
 ZZlsh^n -' t ^'^^T^' scientific or artistical work or 
 CoSt '^""' '^ '^'^ registration or 
 
 ^ \ 
 
Record of re - 
 newnl to bo 
 published. 
 
 Deposit of 
 copies in tlie 
 office of the 
 Minister of 
 Agriculture. 
 
 4 Copyright Act of ISQS. 
 
 Pencwniand 4 If at the Gxpiratioii of the afovesaid term, such author,, 
 comlght"" "^or any of the authors, where the work has been orighially 
 composed and made by more thr.n one person, bo 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 
 Condition si-^ch case within one year after the expiration of the iirst 
 term, the title of the work secured shall be a second tnne 
 recorded, and all other regulations herein required to be 
 observed in regard to original Copyrights shall be com- 
 plied 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 renev/al, cause a copy of the record thereof to 
 be puljlished once in the Canada Gazette. 
 
 G. No person shall be entitled to the benefit of this Act, 
 unless he has deposited i.i the Office of the Minister of Agri- 
 culture two copies of such book, map, chart, musical com- 
 position, photograph, prhit, cut, or engraving, and in case of 
 pauitings, drawhigs, 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 tiine, as herebefore provided, for which 
 record the person claiming such right as aforesaid, shall 
 pay into the hands of the Mhiister of Agriculture one dollar, 
 and the like sum for every copy actually given to such 
 person or his legal representatives, and the sums so paid 
 shall be paid over to the Keceiver General to form part of 
 the Consolidated Revenue of Canada. 
 
 One to bo sent 7. The Minister of Agriculture shall cause one of the two 
 pSent!^ copies of such book, map, chart, musical composition, pho- 
 tograph, print, cut or engraving aforesaid, to be deposited 
 iiAhe Library of the Parliament of Canada. 
 
 ». No Terson shall be entitled to the benefit of this Act, 
 unless he gives information of the Copyright being secured, 
 by causing to be inserted hi the several copies of every edi- 
 tion published durhig 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 thereoi, or li 
 a volume of maps, charts, music or engravings, upon the 
 title or frontispiece thereof, the following words, that is to 
 
 Notice of copy- 
 right to appear 
 in work. 
 
 t 
 1 
 
 e 
 t 
 
 I 
 
 n 
 a 
 
 %J 
 
•' 
 
 :ion. 
 
 Cofnjris:ht Act of 1 868. 
 "hi'th™"'^ according- to Act of rarliament of Canada, 
 
 ill lilt' V cell 1 AT} 
 
 " the Office of the Minister of AoTicnltnre." BiU as re-ards . 
 of the^^SstXlTr T'^n -\«-^Jptures, the si^'S ^^^'^ 
 
 ». To entitle any such literary production or enffravinir p m- . • 
 as IS m this Act mentioned, being- the work of any S per? c^-n^^^^^^^^^^^^^ 
 son residing- m Great Britain or Ireland, to the protTctioSof "'' 
 
 his Act, he same sha 1 be printed and publishld in Cana- 
 da, and shnll, m addition to the words d rected to be insert- 
 ed by the last section of this Act. and immedia ely folS^^ 
 
 hereafter, contain the name and place of abode or buTesf 
 m C anada oi the printer and publisher thereof. "'''"^^'^ 
 
 lO. If any other person, after the recordino- of the titlp p u , 
 of any book according- to this Act, within the ttn-ni or tei^s ^^^ 
 
 printed, published or imported, any copy or any translation 
 of such book without the consent of the\.erson leoS y en 
 titled o the Copyrig-ht thereof, first had and obtaWd bv 
 deed duly execiited. or, knowing- the same to be so m-inted 
 or imported pub ishes, sells, or Sxposes to sal or ca to 
 
 be pub ished, sold or exposed to sale any copy of s3 book 
 without such consent n writino- such oWiirlov cV^ii i- ?^ 
 every copy of .such book to the l%Son the^ W 
 the Copyright thereof ; andshall forfeit and ^Sy .[^'luar, 
 for every such copy which may be found in his possTssimt' 
 ei her printed or printing, pubhshed imported o5 ?™sed to 
 sale, oontrary to the intent of this Act ; of whidi penakv one 
 moiety shall ie to the use of Her Maj;.sty, an I tL othli to 
 
 r o. -t^n """'"''' f ''^'^- ^«Py"^^ht, to be recovered in any 
 Court of competent jurisdiction. ^ 
 
 a. If any person, after the recording of any paintino- 
 drawing, statuary or sculpture work xvfthi,, ti,. P'^^^wng, pop^ityfo 
 terms limited by this Act! ^prXc^s h aL ' ^n^S'???*" 
 
 causes to be reproduced, ' ma^or sold Lmr^^^^^^^^^ 
 whole, copies of the said works of arts, tilho^Uhe consent 
 of the pi-oprietor or proprietors, such offender 0^0^^ 
 shall forfeit the plate or plates on which such rpnrn.W 
 has been made, and also every sheet thereof^. T 
 13rimed or photographed to the M-opi?:L o^^^^^^^^^ 
 he Copyright thereof and shall further forfeit HvnrSl 
 lor every sheet of the same reproduct on so pub^^^^^ 
 exposed to sale contrary to the true intent and^me w of 
 his Act ; and one moiety of such forfeiture shall o-oo"thf 
 iropnetor or Proprietors and the other moLy to the 
 
 maj' be recovered in 
 
 use oi Her Majesty, and sueh forfeiture may 1 
 any Court oi competent jurisdiction. 
 
6 
 
 Penalty for 
 infringement of 
 
 la. 
 
 ^ Copyright Act of 1868. 
 
 ■ninngementoi • , ^^/'^^ P^^»°^ ^^t^^ t^^^ rocording of the title of any 
 comirttof print, cut or engraving, map, chart, musical composition or 
 ' • photograph, accordhig to the provisions of this Act, within 
 the terra 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 vary- 
 ing, adding to or diminishing the main design, with 
 intent to evade the Law, or prints or imports lor sale, or 
 causes to bo 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 pro- 
 prietors of the Copyright 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 aforesaid, such offender or offenders shall forfeit the plate 
 m plates on which such map, chart, musical composition, 
 'engraving, cut, 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 
 m 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 moiety to the use of Her Ma- 
 jesty, and such forfeiture may be recovered in any Court of 
 competent jurisdiction. 
 
 13. A literary work, intended to be published in pam- 
 phlet 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 subjer , besides, to the other 
 requirements of this Act. 
 
 ^f^anraeor 1*; Nothing herein contained, however, shall prejudice 
 owect. the right of any person lo represent any Pcene or object, not- 
 
 withstanding that there may be Copyright in some other 
 representation of such scene or object. 
 
 Temporary 
 registration to 
 secure copy- 
 right. 
 
 Copyright of 
 work made to 
 ord-r t" 
 
 15. 
 
 "Whenever the author of a literary, scientific or artis- 
 tical work or comx>osition which may be the subject of 
 
Copyright Act of 186S. 
 
 author sh«i?^,ot be on Sled to'iw ^"^ T"'''"""™' ™* 
 prietorshii)ofM,ohOo „l/° ?';'?"! f *?>■«*«., the pro- 
 
 tion virtually tr" Mferrod fi^ fh!''''-''' '^ ^^ "'\™<' '""^'"=- 
 himself of such mivi We ,°,*''" P<"-'=h"ser who may avail 
 
 lege is specially uade|?v'thotth''or'"'',-f*° eai/privi- 
 executed '^ ''"*°' ""• "''"st m a deed duly 
 
 lished elsewhere, oHirs it «" ca,«T^ ?t *""!! ^T^"^ "' P«b- S?KS.r'«' 
 
 in Canada, withJut the ln,JTf,u '" ¥ °^"<"^ *"• s^'e 
 
 prietor first obtdued such „?Ah ^^ ""^'"^ °'' '<=f?^l ?'»• 
 
 clent in Canada, o hd "t StKh s"^'"^^ "'"■ ^""'^ ''''' 
 
 Britain or Irela ,d, si^e 'person sh., if "r 'f '^"1"' ^■■<"" 
 
 or proprietor ior all da mC "ceas one?l ,? '^ '"J '^e author 
 
 be .covered in any Court'of c°;m;^?:„fj,;S,S„»>J"y. '° 
 
 book,map!"LrtZ'siS'cLrv''''"^ "' reproduces anyp«„r., 
 jng, or other work of a t oTSo"; "l"'*' ?* " engra,i Sfcr^" 
 legally acquired the Co^yr^h theS'^,,!"'^ ''-J' having -"«"• 
 impresses thereon, that the «™„ wi, i!' "''^ therein, or 
 ing to this Act, or\ ofdfpuZrti whe ''" '""™'l '"=™^'i- 
 so ollending, shall incur a^3 I * /" ^"T' "'e'-y. Person 
 
 (one moiety theS to the "''-"' >- ''"'"'t"8' "'^'y <'^1I'>" 
 the other moiety to the .I'^^'W "^".^es for the same, and 
 
 in any Court ofCml' te.TjS'ctS"'^'' '" "" '^''^'-'^'^^ 
 
 pefia% ,md:r?his°Lnwnr^^^^^ *''" T^^^^y "' »y "?»«>"•' 
 years a'fter the ealfof action arose "'""''' '"""" *'''"' '"» "' 
 
 latfprS'ln?e'oi°jf™rr«d'eb^r^"''''^'t*«'*'»^°ftbe''-|'«-'- 
 teen of the Kev sed Itatu^e^ of If "' "J" '?""'J™'' "'"l ^1==" '"" ' 
 and all other Ac so? parts of £■?«" i,f °'"'-' /^i'''' '""''>' 
 provisions of the present Act -re ^' "f ""^'^'ent with the 
 to the provisions of the ne.t sicKon '^^ '"'^'"'^'^- ™''J'^'=* 
 
 p *tfof l^t;;!:^* e'p'atfrafi'^r "^ """f "- ^«*« - -•^'-- 
 
 Pired terms fhpvon/^^.-'^^^^' "^ respect ofthemipy c°pJ7'8ht? 
 i^ixfu LLims rnereot, continue miimnoirQ/! o«j r. ^^ \ ""^x- continued. 
 
 same force and effect as re-Lds ?h' Pv ' '^ ^^^^^ ^ave the 
 to which they new extend ami I ^J™''^ or Provinces 
 . renewable, and all penaltiesan fn^f / ^' assignable and 
 be incurred under tKme m^y ^elued for""^^^^^ *^ 
 and all prosecutions commenced bewl ''''^- ^^^^^^-ced, 
 Act for any such pen-iltiprnv f /? ^^e passmg of this 
 
 may be coltinued S ct p^eted^^^^^^^^^ "-^-^^d 
 
 repealed. "pioiea as it such Acts were not 
 
 Copyrightic't^J'i'^aS ■' " *^" ^' ™»™"' '» -" 
 
 it " The Short tiUe. 
 
An Act respecting Trade Marks and Industrial Designs. 
 
 HER Majesty, by and with the advice and consent of the Preamble. 
 Senate and Hoi\se of Commons of Canada, enacts as 
 follows : 
 
 1. The Minister of Agriculture shall cause to bo kept in Miniawrof 
 his office books to be denominated respectively the " Trade mistor'trado* 
 Mark Register," and " The Register of Industrial Designs," T 'I'str'iaUe- 
 in which any proprietor of a Trade Mark or of a Design may clfrtiflcrtoron"' 
 have the same roistered by depositing with the said Minis- certain con- 
 tor 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 
 provided 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 
 Minister 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 Law or of Equity in 
 Canada, as evidence of the facts therein alleged, without 
 proof of the signature. 
 
 .8 The Minister of Agriculture may, from time to tune, Minister may 
 subject to the approval of the G-overnor in Council, make adopt &!"'* 
 such rules and 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 
 purpoacs of this Act, and all documents 
 
 correct lun 
 
 
10 
 
 Trade Mark and Design Act, 1868. 
 
 V J 
 
 executed according to the same and accepted by the Minister 
 of Agriculture shall ho. held valid so fp.r as relates to the 
 official proceeding's under this Act. 
 
 TRADE MARKS. 
 
 dIemed'ti-i(io *• ^^^ *^^ purposcs of this Act, all marks, names, brands, 
 marks. labels, j)ackages or other business devices, which may be 
 
 adopted for use by any person in his trade business, occu- 
 pation or calling', for the purpose of distinguishing^ any 
 manufacture, product or article of any description by him 
 manufactured, produced, comjjounded, packed or offered for 
 sale, jio matter how applied, whether to such mamifacture, 
 product or article, or to any package, parcel, case, box or 
 other vessel or receptacle of any description whatever con- 
 taining the same, shall be considered and known as Trade 
 Marks, and may be registered for the exclusive use of the 
 party registering the same in the manner hereinafter pro- 
 Exokisivo right vided ; and thereafter he shall have the exclusive right to 
 tored'n'iaTk.' use the sumc, to designate articles manufactured or sold by 
 him, and for the purposes of this Act, timber and lumber of 
 any kind upon which labor has been expended by any per- 
 son in his trade, business, occupation or calling shall be 
 deemed a manufacture, product or article. 
 
 Trarlo marks 
 may liu can- 
 celled. 
 
 RpKistcrcil 
 trado marks 
 aijiiiignablo. 
 
 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 ; aiid 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 Agriculture shall be assignable in law, and on 
 the assigmnent being produced and the fee hereinafter pro- 
 vided 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. 
 
 oonflietins 6. If any person shall make application to register, as his 
 
 trade marie owu, any trade mark, which has been already registered, 
 how to bo dealt 11^^ Minister of Agriculture 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 estab- 
 lishing which is the rightful owner of such trade mark, and 
 after havinu" heard the parties and their witnesses, the sai 1 
 Mhiister shall order such entry or cancellation, or both, to 
 be made as he shall deem just ; in the absence of the said 
 
V / 
 
 Trade Mark and Design Act, IBQi. 11 
 
 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 Pqnaity for 
 the same, shall mark any goods or any article of any descrip- vorsms trado 
 tion 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 part thereof 
 to the article itself or to any package or thing containing 
 such article, 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 tc believe that such artich' 
 was manufactured, produced, compounded, packed or sold 
 by the proprie^^or of such trade mark, he shall be guilty of a 
 misdemeanor, 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 trado mark, together with the costs 
 incurred in enforcing and recovering the same ; Provided, Proviso, 
 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 authorized thereto. 
 
 an- 
 
 S. If any person shall knowingly and wilfully register as Penalty for 
 his own any trade mark, the property of a person not resi- othlfrw'nfdo 
 dentin Canada, he shall be guilty cf a misdemeanor, and ^'^'^ "*>'<*"' 
 shall bo sul>jeet and liable to the penalty mentioned in the 
 preceding 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 i)enalty 
 shall be paid to the i)arty prosecuting, and the other half to 
 the Crown. 
 
 S>. If any person shall counterfeit or use the trade mark rcnaity for 
 of any person, not resident in Canada, with intent to deceive nmrks^of'ISr- 
 the public and lead to the belief that the .artichvs or packago douUnCauldft, 
 so marked were manufactured or put up by the owner of 
 such trade mark, although the same is not registered in 
 Canada, he shall on conviction thereof, forfeit a sum of not Rccnvnr>- of 
 less than ten dollars nor more than fifty dollars for each '"-'""''"=''• 
 oflence, with costs, one-half of which penalty shall be paid 
 to tho complainant and the other half to the Crown. 
 
Trade Mark and Design Act, 1868, 
 
 KJ 
 
 10. Complaints under either of the two next preceding 
 .sections may bn brought by any party or person whatever, 
 and the penalties mentioned in the throe next procedins- 
 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. 
 
 ciosojmuation II. The use of any trade mark either identical with that 
 forbidde™'*'^ 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. 
 
 Action for daiU' 
 "•^tes for itsing 
 trado mark. 
 
 32. 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 imitation thereof, or 
 contained in packages being or purporting to be his, contra- 
 ry to the provisions of this Act. 
 
 Registration of Designs. 
 
 I 
 
 vl ' 
 
 Copyright of 13. The Copyright acquired for an industrial design by 
 regis re o- ^j^^ Registration of the same as aforesaid shall be valid for 
 
 Rign. 
 
 Res;istration of 
 design, how 
 made. 
 
 the term of five years. 
 
 14. Every design to be protected must be registered 
 before publication; and, after Registration, the name oi' 
 the proprietor, who must be a resident of Canada, shall 
 appear upon the article to which his design applies ; if 
 the manufacture be a w^oven fabric, by printing upon one 
 end ; if another substance, at the edge or upon any conve- 
 nient parts, the letters Rd., with the mention of the year 
 of the Registration ; the mark may be put upon the manu- 
 facture by making it on the material itself, or by attach- 
 ing thereto a libel containing the proper marks, 
 
 15. The author of the design shall be considered the pro- 
 prietor thereof, unless he has executed the design for another 
 person, for a good or valuable consideration, in which case 
 such other person shall be considered 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. 
 
 abft'iaw.'^" *®- Every design shall bo assignable m law, either as to 
 the whole interest or any undivided part thereof, by an in- 
 strument in writing, which assignment shall bo recQr4e4 |n 
 
 Proprietor of 
 design. 
 
i 
 
 i 
 
 I 
 
 - 
 
 Trade Marie and P ^« Act, 18G8. 13 
 
 tho offico of the Minister of A Itiire, on payment of the 
 
 fees hereinafter provided ; An( ery proprietor of a desig-n 
 may grant and convey an excl . re right, under any copy- 
 right, to mako, 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 unexpired term thereof or any part 
 thereof; which exclusive grant and conveyance 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 No person to 
 the entire or partial use of such dcsign,J no person shall, Sign without^ 
 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 pur- 
 poses of sale, or publish, sell or expose for sale or use any 
 
 article of manufacture, &c., to which such design, or frau- 
 dulent imitation thereof shall have been applied, under pe- 
 nalty of not less than twenty dollars, and not exceeding 
 one hundred and twenty dollars, to the proprietor of the r*e;i.'Hy for 
 design, and costs— to be recovered by the registered pro- '""''"^■''""^"'■ 
 prietor, or his assignee, by suit in any Court, having juris- 
 diction in suits of a like amount. 
 
 18. Every person placing the words "registered," or the Pcnnity for 
 letters "Rd.," upon any unregistered article, or upon any unrSo?e"i 
 article the coj-yright of which has run out, or advertising "Jrid." ""'"'^''' 
 the same for sale as a registered article, or unlawfully sell- 
 ing, 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 dollars and not exceeding thirty 
 dollars, to be recovered in the same manner as penalties un- 
 der 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. 
 
 10. A suit may bo maintained by the proprietor of any Action of <iam- 
 design for the damages he has sustained by the application dSwUhoSt 
 or imitation of the design, for the purpose of sale, against •''^cnsc. 
 any person so offending, he (the offender) knowing that tho 
 proprietor of the design had not given his consent to such 
 application. 
 
 20. If any person, not being the lawful proprietor of a now tho tn,o 
 design, be registered as proprietor thereof, the rightful jlSSni 
 owner may institute an action in the Superior Court in the fnnidnientiy^ 
 Province of Quebec, in the Court of Queen's Bench in the do^sl' n^Vis 
 ProTinccs of Ontario, and in the Supremo Court in the Pro- ownf"^ 
 
14 Trade Mark and Design, Act, 1868. 
 
 viiices of Nova Scotia or New Brunswick as the case may 
 be and the Court having cognizance of such suit may, il it 
 appear that the design has been registered m the name ot a 
 vvron-.- person, either direct the registration to be cancelled, 
 or that the name of the lawful proprietor shall be substitut- 
 ed for the name in the register, with costs in its dis^etion, 
 iuid on application by the Plaintiff supported by aHidayit, 
 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 
 suitor proceedings, under pain of being held m contempt ol 
 such Court. 
 
 Aitor..,ti..n in I. The Minister of Agriculture, after due service of such 
 
 :;e,f court, 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. 
 
 liimitation of 
 iictions. 
 
 rei'tificnto on 
 riipy roturncil 
 to tho owner. 
 
 VtH cITcot. 
 
 29 All proceedings, under the preceding sections of this 
 Act, shall be brought within twelve months from the com- 
 mission of the offence, and not after ; nor shall any ol the 
 clauses of this Act apply to protect any design which does 
 not belong to a person resident within Canada and is not ap- 
 plied to a'^subject matter manufactured in Canada. 
 
 23 On the copy returned to the person registering, a cer- 
 tificate shall be given, signed by the Minister or by his 
 Deputy, that the Design has been registered, the date ol 
 reo-istration, the name of tho registered proprietor, his 
 address, the number of such design, and the number or let- 
 ter employed to denote or correspond with the registration, 
 which said certificate, in the absence of proof to the contrary, 
 shall be sufficient proof of the design, of the name ol the 
 l-)roprietor, of the registration of the comriencement and 
 period of reo-istry, of the person named as proprietor being 
 proprietor, of the originality of tho design, and of compli- 
 ance with the provisions of this Act; and generally the 
 writing so signed shall be received as evidence ol the facts 
 therein stated, without proof of the signature. 
 
 ,; 
 
 Tnjuipction 
 
 rcgiftorti. 
 
 GENERAL PROVISIONS. 
 
 f *24 Any person may be nllowed to inspect tho Register 
 of Trade Marks and the Register of Industrial Designs ; and 
 the Mhiister may cause copies or representations ol 1 rade 
 Marks or Industrial Designs to be delivered, on the appli- 
 cant for the same paying the fee a\ hich shall be deemed 
 sufhcient for tho purpose of havuig the same copied or 
 represented. 
 
frade Mark and iDeiign Act, 1868. 
 
 15 
 
 -: 
 
 95 The Minister of Agriculture shall have power to Minister mny 
 rciuse to register such designs as do not appear to him to be [o!-"c°r[auf5r 
 withm the provisions of this Act, or when the design is con- ''*''"'^- 
 trary to public morality or order, subject, however, to appeal 
 to the G-overnor m Council. 
 
 9« The Minister of Agriculture shall, from time to time, PuWioation of 
 cause to be published in the Canada Gazette the titles of the ""'^^^^'''''«^i«"- 
 designs registered and the names and places of abode of the 
 registered proi-)riotors. 
 
 97. Clerical errors happening in the drawing up or copy- cioriem error, 
 ing ot any instrument, shall not be construed as invalidating "'V"'"^"''" 
 the same, but when discovered they may be corrected under ' " '' 
 
 the autnority of the Minister of Agriculture. 
 
 98. The following fees shall be payable, to wit : xabio oiFecs. 
 
 On every application to register a design or 
 
 trade mark, including certificate $5 00 
 
 tor each certificate of registration not already 
 
 provided for __ I q^ 
 
 For each copy of any drawing, the reasonable 
 expenses of preparing the same. 
 
 For recording any assignment 2.00 
 
 For office-copies of Documents or entries, not above men- 
 Honed, the lollowmg charges shall be exacted : 
 
 For every single or first folio $o.o0 
 
 For every subsequent hundred words, (frac- 
 tions from and under fifty being not 
 counted, and over fifty being counted for 
 one hundred) 25 
 
 All of which fees shall be paid over by the Minister ofnowappUod 
 Agriculture to the Receiver General of Canada. nowapphod. 
 
 f^?" The Act twority.fourth Victoria, chapter twenty-first Rcpcni of for- 
 
 ?C^- .• .i.^^-^'l*^^. ''V^^ ^^*® Province of Canada, and the """-'""• 
 thirtieth Victoria, chapter thirty-first of the Frovince of New 
 J3ruiiswick, and all other Acts or parts of Acts inconsistent 
 with^the present Act are mr.Uj repealed as to any further 
 registratioii or the granting oi aay new exclusive ric'ht under 
 the provisions thereof; but all rights heretofore acquired by Ri.hf. m,,„ir. 
 virtue ot such provisions shall remain cood and --i/ifl mul <''''■"••«'• ^« 
 assignable in law, and all penalties and lbr?e1tures ^ incurred — '• '" 
 or to be incurred under the same may be sued for and en- 
 lorced, and all prosecutions commenced before the passing 
 ol this Act for any such penalties or forfeitures already in- 
 
IQ Trade Mark and Design Act, 1868. 
 
 cnrred may be continued and completed, and entries and 
 registrations under the said Acts respectively may be can- 
 celled, as if the said Acts and parts of Acts had not been 
 repealed. 
 
 Deputy Min- 30. For all the purposes of the Act of Canada cited in 
 cj for stSr'; the next preceding section of this Act, so far as the same 
 and^Sc^? rerauins in force riter the passing- of this Act, the Deputy oi 
 the Minister of Agriculture shall be and is hereby substi- 
 tuted for the Secretary of the Board of Ecgistration and 
 Statistics mentioned in the said Act, and shall hare all the 
 powers and duties of these officers. 
 
 Short title. 31. Ill citing this Act it shall bo sufficient to call it "The 
 
 Trade Mark and Design Act of I808." 
 
 \^ 
 
and 
 ;an- 
 een 
 
 L in 
 
 ime 
 
 y oi' 
 
 jsti- 
 
 and 
 
 Iho 
 
 The 
 
 vy« 
 
 Au Act respecting Patents of Invention. 
 
 flER Majesty, by and with the advice and consent of the „ ,, 
 " Senate and House of Commons of Canada, enacts as 
 lollo-ws : 
 
 PATENT OFFICE CONSTITUTED. 
 
 I. There shall be attached to the Department of Ai^ricnl- Minister of 
 rare, as a branch thereof, an Office to be named The Patent ^^'i-^uiture t» 
 Office ; and the Minister of Agriculture for the time beinj? shall ^ioner cr""'"* 
 be the Commissioner of Patents of Invention ; and it shall i^^l 
 be the duty ot the said Commissioner to receive all applica- 
 tions, fees, papers, documents and models for patents, and to 
 perform such acts and things respecting the grantino- 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 
 Umce. 
 
 9. The Commissioner shall cause a seal to be made for the seai to be 
 purposes of this Act, and may cause to be sealed therewith ™"d« ""d 
 letters pateiit and other instruments and copies proceedino- tK'frbo 
 Irom the Patent Office ; and all Courts, Judges, and othe? otl^ind'" 
 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 
 lurther proof and .vithout production of the originals all 
 copies or extracts certified under the seal of the said Office 
 offic ^"^^^^^ ^^ °^' ^^^^^"^^^ ^^°^^ documents deposited in such 
 
 thf aom-m^il T'Jb??'' ''''^' -^'T *"'^? *" ^i^^^' ^^^^J^^^ *« ^---'-- 
 tne appioAal ot the G-overnor in Council, make such rules \? ""*'''= ""'•'^ 
 
 and regulations, and prescribe such forms, as may appear to 
 
 him 
 and 
 
 necessary and expedient for the 
 notice thereof shall be given in 
 
 3 
 
 purposes of this Act, 
 the Canada Gazette 
 
18 
 
 Deputy Com- 
 missioner of 
 Patents of 
 iDventioc. 
 
 Annual report 
 and list of Pa- 
 tents. 
 
 Pate?it AcioflSQ9. 
 
 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 
 Grovernor may, from time to time, appoint such clerks and 
 officers itnder him as may be necessary for the purxjose of 
 this Act, and such clerks and officers shall hold office during 
 pleasure. 
 
 5. The Commissioner 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 G-overnor 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. 
 
 Residents of &, Any per SOU having been a resident of Canada for at 
 obtain'patents least oue year next before his application, and having in- 
 diseoverie7aud vciitcd or discoA'crcd any new and useful art, machine, ma- 
 inventionf. nufacture, or composition of matter, or any new and useful 
 improvement on any art, machine, manufacture or compo- 
 sition of matter, not known or used by others before his 
 invention or discovery thereof, or not being at the time 
 of Lis application for a i atent 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 pro- 
 perty therein ; and the said Patent shall be under the seal 
 of the Patent Office and the signattire of the Commissioner, 
 or the signature of another member of the Privy Council, 
 and shall be good and avail to the grantee, his heirs, assimis 
 or other legal representatives, for the period mentioned in 
 such Patent ; bitt no Patent shall issue for an invention or 
 discovery ha^-ing an illicit object in view nor for any mere 
 scientific principle or abstract theorem. 
 
 Of foreign 
 patent to said 
 inventor. 
 
 7. An original and trtie inventor or discoverer shall not 
 be deprived of the right to a Patent for his invention or 
 discovery by reason of his having, previottsly to his appli- 
 cation, taken out a Patent therefor in any other country, 
 at any time within six months next preceding the filing of 
 his specification and drawing as reqitired by this Act. 
 
 \/ 
 
 ( 
 
 
 ,) 
 
 I* 
 
 . 
 
\/ 
 
 Patent Act of IB^d. 
 
 19 
 
 i) 
 
 I* 
 
 . 
 
 !*. The Patent maybe granted to any person to whom the n 
 inventor or discoverer entitled under the sixth secti^,. To ^^^ 
 Ob am a Patent has assigned or bequeathed the rio-ht of ""'"""• 
 Obtaining- the same, and the exchisive property in the mven- 
 tion or discovery in Canada, or in defoult of such assin-n- 
 ment or bequest, to the executor or administrator of the 
 cleceased inventor or discoverer, or other legal representa- 
 
 Ipn^t nn';' f °''' ^/T"!-^' ^'T' "" ''•'^^''^* °^ ^^""^^"^ ^^'' ^t Ofpatentfor 
 
 intnnf 1 " 1 ''^^^ Y^''''^ ^■' "PP^ication ; and who has r^Sc^ 
 invented or discovered anv improvement on anv Patented i^vinliot*^ 
 invention or discovery, may obtain a Patent for such im- 
 piovement, but shall not thereby obtain the right of vendino- 
 ^'IT^% ?, °"'^'"'"^ invention or discoverv, nor shall th? 
 1 atent lor the original invention or discovery confer the 
 Jight ot vending or using the patented improvement. 
 
 10 In cases of joint applications, the Patent shall be of joint anpiu 
 ■granted m the names of all the applicants ; and in such cases -f^F 
 Jiiy assigjinient from one of the said applicants or patentees "'"'' 
 to the other shall be registered in the manner of other assio-n- 
 "ments. ^'■u.^^i as^i^u 
 
 CONDITIOXS AND F0]R:MALITIES. 
 same SnT^T^^'T ^"^^ "" ^*'"*' ^"^^^'^^ ^^ ^'^^^^ obtain the Declaration to 
 
 s^ie, shall make oath or when entitled by law to make an ^JT'^^^y 
 
 affirma ion instead of an oath, shall make an affirmatTon th!.^ ^^^^"" 
 
 he verily beheves that he is, or that the person whose 
 
 assig-nee or representative he is, is or w.s the true inventor, 
 
 or discoverer of the invention or discoverv for which the 
 
 Patent is so icited, and that he, or the persoi'i whose assi-nee 
 
 01 representative he is, was a resident of Canada for one 
 
 year next before the application, or in case of death of the 
 
 Wh n°.+l?' '^^^f^'^^'^-f?-' for one year next before such death. 
 
 n? +L P ^' ^®!:f ^*i?'i i?iay be made before anv Justice 
 
 ol the Peace m Canada; but if the applicant is not at the 
 
 n.;? "f.^.^"''^^^^' f^e <)ath or affirmation may be made before 
 
 any Minister Plenipotentiary, charge d'af aires, consul or 
 
 T^hl^.Tf'^^^'^?" commission under the Crovernment 
 
 wv^ }^ ^^ Kingdom, or any Judge of the Country in 
 
 which the applicant happens at the time to be. 
 
 12. The PetitioncT for a P.ntont ^VqH ^--. ^m h, 
 
 nf tKic A^f ^1^ + i:- J . 'r/ '^'^' nt .,naii lur ail the purposes Petitioner to 
 
 ot this Act elect his domicile at some known and specified fifanS'f "' 
 place m Canada, and mention the same in his Petition for a 
 latent, and he shall m the same petition state the place or 
 places m Canada at which he, or if his application be as 
 assignee or representative, ti erson who e assigliee o? 
 
20 
 
 Contents, A-c, 
 of application 
 for patent. 
 
 Specification 
 uud dratvin?. 
 
 1^ 
 
 Working 
 model. 
 
 Patent Act of ISfid. 
 
 representative he is, Tvas resident during- the year of resi- 
 dence 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 nam,e 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 dis- 
 covery, describing the 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 of operating contemplated by the applicant, — 
 and shall state clearly and distinctly the contrivances and 
 things which he claims as new and i'or 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 discovery ; and each drawing 
 shall bear the name of the inventor or discov<'rer 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 thorn, 
 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. 
 
 15. The applicant shall also deliver to the Commissioner, 
 unless specially dispensed from so doing for some good 
 reason, a neat working model of his invention or discovery 
 oLi 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 speci- 
 mens of the ingredients, and of the composition of matter 
 sufiicient in quantity for the purpose of experiment, 
 w^henever the invention is a composition of matter ; 
 provided such ingredients and composition are not of an 
 explosive character or otherwise dangerous, in which case 
 
 
 v/ 
 
v/ 
 
 4 
 
 Patent Ad of 1S69. 21 
 
 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 DISCLAIMERS. 
 
 16. Every Patent granted under this Act shall recite contents of ' 
 briefly the substance of the petition on which it is granted, ^''""^"'" 
 and shull contain the title or name of the invention or dis- 
 covery 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 case 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 con- 
 dition that it is nevertheless subject to adjudication before 
 any Court of competent jurisdiction. 
 
 17. Patents of invention or discovery issued by tjie Patent Duration of 
 Office shall be valid for a period of five years ; but at or before i"*'<^"'«- 
 the expiration of the said five years, the holder thereof 
 
 may obtain an extension of the Patent for another period 
 of live years, and after those second five years, may again 
 obtain a 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, and 
 the other to be attached, with reference, to the Patent, under 
 the seal of the Patent Office, and signature of the Commis- 
 sioner, or any other Privy Councillor in case of absence of 
 the Commissioner. 
 
 If*. Every such patent, and every instrument for granting certificate of 
 a further extension of any Patent shall, before it is signed Ju'tfe"''''' ''' 
 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 in case of 
 
 inoperative by reason of insufficient description or specifica- fJ,C*^£.?"'- 
 tion, or by reason ol the patentee clannnig more than he had "=,^^'^5° «• °?w 
 a right to claim as new, but at the same time it appears that ^sm^iV" ° 
 the error arose from inadvertence, accident or mistake, with- 
 
22 
 
 Patentee may 
 make dis- 
 claimer. 
 
 Patent Act of 1869. 
 
 out any iiaucluleut or deceptive intention, the Commissioner 
 may, upon the surrender of such patent and the payment 
 of the further fee hereinafter provided, cause a new "patent 
 in accordance with an 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 di- 
 rected, granted ;— In case of the death of the original patentee 
 or of his having assigned the patent, a like right shall vest in 
 his assignee, or legal representative : The new patent, and the 
 amended description and specification, shall have the same 
 efiect in law, on the trial of any action thereafter com- 
 menced for any cause subsequently accruing, as if the same 
 had been originally filed in such corrected form before the 
 issue of the original patent. 
 
 S80. Similarly, whenever by any mistake, accident or inad- 
 vertence and without any wilful intent to defraud or mis- 
 lead 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 dis- 
 coverer of any material or substantial part of the invention 
 or discovery patented of which he was not the first inventor 
 or discoverer, and had no legal right thereto ; — the patentee 
 may, on payment of the fee hereinafter provided, make dis- 
 claimer of such parts as he shall not claim to hold by- 
 virtue of the patent or the assignment thereof ;— such dis- 
 claimer shall be in writing, and in duplicate, and attested in 
 the manner hereinbefore prescribed for a patent, one copy to 
 be filed and recorded in the office 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 affect any action pending ot the 
 time of its being made, except in so far as may relate to the 
 question of unreasonable neglect or delay in making i^ in 
 case of the death of the original Patentee or of his iiaviug 
 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 di loi ivuiant's own, and not disclaimed, provided 
 it be a mat- rvj,; -nd substantial part of the invention or dis- 
 covery, and "ielrayteiy distinguished from other parts claimed 
 w^ithout rigli'.; and the disclaimant shall be entitled to 
 maintain a suit for such part accordingly. 
 
 \ ^ 
 
 \ i 
 
 i 
 ^ 
 1 
 c 
 t 
 c 
 
 t 
 
 i 
 t 
 a 
 
 s 
 f 
 
 
 
i 
 
 >, N. 
 
 \ -' 
 
 28 
 
 *^1. 
 
 Patent Act of \%<S^. 
 ASSIGNMENT AND INFRINGEMENT OF PATENTS. 
 
 The Government of Canada may always use any n 
 patented mvention or discovery, paying to the patentee such '"ay^^^aSy 
 sura as the Commissioner may report to be a reasonable 'ion °'"^ '"'"• 
 compensation for the use thereof. 
 
 33. Every Patent for an invention or discovery whenso- PatentMo bo 
 ever issued shall be assignable in law either as to the whole ""'pabie. 
 interest or as to any part thereof, by any instrument in bo rte?fd.*° 
 ■wilting ; but such assignment, and also every araut and 
 conveyance of any exclusive right to make and use and to 
 grant to others the right to make and use the in-ention or 
 discovery patented within and throughout the Dominion of 
 Canada, or withm and throughout any one or more of the 
 Provinces of Ontario, Quebec, Nova Scotia or New Bruns- 
 wick, or any part of any of such Provinces or of the Domi- 
 nion, shall be registered in the Office of the Commissioner • 
 and every assignment affecting a Patent for invention or 
 discovery shall be deemed null and void against any subse- 
 quent assignee unless such instrument is registered as herein- 
 before prescribed, before the registering of the instrument 
 under which such subsequent assignee may claim. 
 
 fT,*^?; ?T^ ^^T"" ^^°' ^^it^o^t the consent in writing of Penalty for m- 
 tne Patentee, makes, constructs or puts in practice any in- I'fnll^nt"''''* '^ 
 ventioii 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 Record having jurisdiction to ^^^^^^ 
 
 the amount of damages asked for and having its sittino-s ''*"' 
 
 withm the Provmce in which the infringement is said to 
 
 have taken place, and being at the same time, of the Courts 
 
 oi such jurisdiction wuthin such Province, the one of which 
 
 the place of holding is nearest to the place of residence or 
 
 of business ot the defendant; and such Court shall decide 
 
 tne case and determinp. as fo nost" Tv. q, — „_j..-__ p ,, 
 • p • , p -.^ — — — v.-is-j, J.U any auiiuu lor tne 
 
 infrmgement of a Patent, the Court if sitting, or any Jud^e 
 thereof m Cnambers if the Court be not sitting may on the 
 apphcation of the plaintiff or defendant respeJtively make 
 such order for an injunction, restraining the opposite party 
 from further use manufacture or sale of the sifbject matter 
 ol the patent, and for his punishment in the event of diso- 
 
I 
 
 
 Court mny dis- 
 criminate in 
 certain cases. 
 
 Dofenoo in 
 su^h cases. 
 
 24 Patent Act of 1869. 
 
 bedience to such order ; or for inspection or account, and 
 respecting the same and the proceedings in the action, as 
 the Court or Jvidge may see iit;— 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. 
 
 ^.■5. Whenever the plaintiff fails to sustain his action, be- 
 cause his specification and claim embrace moie than that of 
 which he was the first inventor or discoverer, and it appears 
 that the defendant used or infringed any part of the inven- 
 tion or discovery justly and truly specified and claimed as 
 new, the Court may discriminate, and the judgment may be 
 rendered accordingly. 
 
 36. 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 pleading and of the 
 facts connected therewith, and shall decide the case accord- 
 ingly. 
 
 IS'ULLITY, IMPEACHMENT AND VOIDANCE OF PATENTS. 
 
 37. 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 such omission or addition is simply an involun- 
 tary error, and it is proved that the Patentee is entitled 
 to the remainder of his Patent pro tanto, the Court shall 
 render a judgment in accordance with the facts, and de- " 
 termine as to costs, and the Patent shall be held valid 
 for such part of the invention described, and two office 
 copies of such judgment shall be furnished to the Pa- 
 tent Office by the Patentee, one to be registered and to re- 
 main of record in the office, and the other to be attached to 
 the Patent and made a part of it by a reference. 
 
 3S. Every Patent granted under this Act shall be subject 
 hiOana.iaVf ^'^^^ ^^P^^^^^ed to be subject to the condition that such' Pa- 
 in ^'in«'^'^»jg^j tent 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 
 
 Patent to be 
 void iu certain 
 cases or only 
 valid for part. 
 
 Patents to be 
 conditioned on 
 manufaefiire 
 
 tiling pat 
 
 U 
 
 i 
 
 \i 
 
s'- 
 
 26 
 
 U 
 
 "\ 
 
 Patent Act of 1S69. 
 
 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 constructing it, in Canada, and that such patent 
 shall be void if after the expiration 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 bo imported into Canada, the invention or dis- 
 covery for which the Patent is granted. 
 
 29. Any person desiring to impeach any Patent issued Proceo 
 under this Act may obtain a sealed and certified copy of the £oroTit. 
 1 atent and oi the petition, declaration, drawings and speci- 
 hcation thereunto relating, and may have the'same liled in 
 the Office of the Prothonotary or Clerk of the Superior 
 Court for the Province of Quebec, or of the Court of Queen's 
 Lench or Common Pleas for the Province of Ontario, or of 
 the feupremo Court in the Province of Nova Scotia, or of the 
 Court oi Queen's Bench in the Province of New Brunswick 
 according to the domicile elected by the Patentee as afore- 
 said : 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 AVrit 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 aloresaid, if upon proceedings had upon the Writ in ac- 
 cordance with the meaning of this Act the Patent be ad- 
 judged to 1)0 void. 
 
 shn^r'nAl.''''^''''^^^ ?^" t^« .J^^^lsm^Mit voiding any Patent certificate of 
 snail, at the request of any person or partv iilino- it to bp of ^'"^?!"'''" 
 record in the Patent Office, be entered on the rnaMn of the ^'^'-"obe 
 
 and the Patent shall thereupon be and be held to have been 
 void and of no effect, unless and until the judgment be 
 reversed on appeal as hereinafter provided. 
 
 31. The judgment declaring any Patent void shall be t . . 
 subject to appeal to any Court of Appeal having appellate 'otet*^ 
 juiisdiction in other cases over the Court bv which tliA ''''^'^• 
 same was rendered. ^ 
 
 PATENTS ISSUED UNDEP FORMER LAWS. 
 
 P^?\^? Patents issued under any Act of the Legislature . ■ • 
 of the late Province of Canada, or of Nova Scotia or^of Ne ^'i-ffl-a^^nta 
 Brunswick, .ami all Patents issued for the Provinces oiZt^^r^'"" 
 tar 10 and Quebec under the Act of the late Province of Ca- 
 
 r^riK n "^ ""-^^^ '=°"'^"" "^*^ operation of the present 
 
 Act, shall rmnani m force for the same term, and for the 
 
2g Patent Act of t^e9. 
 
 same extent of territory, as if the Act under which they 
 were issued had not been repealed but subject to the provi- 
 sions of this Act in so far as apphcable to them. 
 
 2 And it shall be lawful for the Commissioner, upon the 
 application of the Patentee named in any such Patent bemg 
 the inventor or discoverer of the subject matter of the pa. 
 tent and a British su ject, or a resident in any Provmce ol 
 Canada for upwards of a year, if the subject matter ot the 
 patent has not been known or used nor with the consent 
 I i ! , if the patentee, on sale in any of the other Provmces of 
 
 the Dominion, to issue on payment of the proper lees ni that 
 behalf a patent under this Act extending such Provmcial 
 patent over the whole of the Dominion, subject to the provj^ 
 Sons of the seventeenth section ; but no patent so issued 
 shall extend beyond the remainder of the term mentioned 
 in the Provincial Patent. 
 
 Records of Pro- 33. All the rccords of the Patent Offices of the late Prov- 
 •yjnciai patent ^^^^ ^f Canada, and of the Provinces of Ontario and (4uebec, 
 handed ovir to of Nova Scotia cud Ncw Bruuswick, shall be handed oyer 
 c<.mm.s.:oner. ^^^ ^^^^^^ .^ ^^^^^^ ^^ ^^^^ ^^ ^^^ Commissioner ot Pa- 
 tents of invention or discovery, to form part of the records 
 of the Patent Office for the purposes of this Act, 
 
 TARIFF OF FEES. 
 
 Tariff offoes *^* The following fccs shall be payable, to the Commis- 
 sioner, before an application for any of the purposes herein- 
 after mentioned shall be entertained, 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 ' ^ ^^ 
 
 On asking to register ajudgment pro tanto, ... 4 00 
 
 On asking to register an assignment 2 00 
 
 On asking to attach a Disclaimer to a Patent. 4 00 
 On asking for a copy of Patent with specih- 
 
 cation 4 00 
 
 On petition to reissue a Patent after surren- 
 der, and on petition to extend a former 
 patent to the Dominion, the fee shall be 
 
 attherateof ; • ^ 00 
 
 for every unexpired year of duration of 
 such Patent. 
 On office copies of Documents), not above mentioned, the 
 following charges yhall bo oxiictcd : 
 
 Foi every single or first folio of certified copy.^^O 60 
 For every subsequent h phdred words, (fraC' 
 tions from and ui;^der fifty feeing not 
 counted, and ovoi!; fifty boing «?fi'*atfid 
 £ar one hundvod).., ' r \K 
 
 f 
 
f 
 
 Patcnl Act of ISGO. 27 
 
 {I5. For every copy of drawings, the party applying shall ccpies of 
 pay such sum as the Commissioner considers a fair remune- '^'■''''"^'• 
 ration for time and labor expended thereon by any officer of 
 the Department or person employd to perform such service. 
 
 36. The said fees shall be in full of all services performed funfo?J?ri'° 
 under this Act in any such case by the Commissioner or any service." 
 person employed in the Patent Oifice, 
 
 ^1- *^' -^-^ ^^®^ received undr- this Act shall be paid over to Foe, to b. 
 the Keceiver G-eneral and form part of the Consolidated C'liZ'" *" 
 Itevenue Fund oi Canada, except such sums as may be paid General. 
 for copies of drawings when made by persons not receiving 
 salane^s in the Patent Office. ° 
 
 38. No fee shall be made the subject of exemption in of return of 
 lavor 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 beino- pa- 
 tented; ° ^ 
 
 2. When the petition for a Patent is withdrawn ; 
 
 V A^4 "^ ^"^'®^y '^^^ch case the Commissioner may return ono 
 halt 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 m the matter. 
 
 MISCELLANEOUS PROVISIONS. 
 
 ^? /f intending applicant for a Patent who has not yet intending 
 porlectecl his invention or discovery and is in fear of beinn- 'Applicant for 
 despoiled of his idea, may file in the Patent Office a descrip''Ji««Sf 
 tion of his invention or discovery so far, with or without 
 plans, at his own will ; and the Commissioner, on reception 
 ot the lee hereinbefore prescribed, shall cause the said docu- 
 ment to be preserved in secrecy, with the exception of 
 delivering copies of the same whenever roquired bv the said 
 party or by any judicial tribunal— the secrecy of the docu- 
 ment to cease when he obtains a Patent for his invention 
 or discovery ; and such document shall be called a caveal 
 1 rovided always that if application shall be made bv anv 
 other person for a Patent for any invention or discoverv 
 with which Hnchrarpofra^Y in any respect interfere, it shall 
 be the duty of the Commissioner forthwith to give notice 
 by mail to the person who has filed such caveat and such 
 person shall withm three months after the date of mailin'^- 
 
j3 Patent Ad of imd. 
 
 the notice, if he would avail himself of the cavecd, file his 
 petition and take the other stops necessary on an application 
 For patent, and if, in the opinion of the Commisssioner the 
 applications are interfering, like proceedino-s may be had m 
 Xrrspec s as are by this Act provided in the case ol mter- 
 ?erin?3 ^Provided inrther 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. 
 Commissioner jA. The Commissioner may object to grant a Tatcnt m 
 
 may object to , „ ,, 
 
 pant a patent ^hc folloWlUg CaseS : 
 
 rncortam cases ^ ^^^^^^ ^^ .^ ^^ ^^_^^^ ^^^^ ^^^ ^^^^^.^^^ inVClltion 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 pubhcation before the 
 date of the application or otherwise in the possession of the 
 public ; 
 
 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 ^f-^^^^ 
 the Commissioner has <1oubts as to whether the patentee oi 
 the applicant is the first inventor or discoverer. 
 
 commissioner 41. Whenever the Commissioner objects to f^'^^ a Pat^nJ 
 l"ari[faTtit as aforesaid, he shall notiiy the «PPl^^^^^.^^o that e ect and 
 ground of gi^all state the ground or reason thereior AMth suliiciem 
 detail to enable the applicant to answer, ii he can, the objec- 
 tion of the Commissioner. 
 
 objection. 
 
 Applicant may 
 appeal to 
 (iovornor in 
 Council. 
 
 Every applicant who has failed to obtain a Patent by 
 of the o]>iection of the Commissioner as aforesaid. 
 
 42. 
 
 reason 01 me onieeuuu ui mv^ ^w^.^^"— "~,i n 
 
 may at any time 'within six months aiternotice thereof has 
 been addressed to him or his agent, appeal irom the decision 
 of the Commissioner to the Governor in C ouncil. 
 
 Arbitrations 43. In casos of interfering a]>plications for any Patent, 
 ^r:ntTI^,v. the same shall be submitted to the arbitration of three .skilled 
 «*"'• persons, one of whom shall be chosen by each ot the appli- 
 
 iants,' and the third person shall be chosen by the Commis- 
 sioner, or by his Diimty or the person appointed to periorm 
 the duty of 'that office ;— And the decision or award oi such 
 Arbitrators, or any two of them, delivered to the Commis- 
 sioner in writing, and subscribed by them, or any two oi 
 them, shall be final as far as respects the granting oi the 
 Patent ; 
 
Patent Ad of lS6i). «. 
 
 Art-h-Ln!^"?^*^" applicants refuses or fails to choose aii Thcsa.c. 
 Arbitrator v/heii required so to do by the Commissioner, 
 the 1 atent shall issue to the opposite party ;— And when 
 there are more than two interferino- applicants, and the 
 parties applying- do not all unite in appointiiio- three Arbi- 
 trators the Commissioner or his Deputy, or person appointed 
 to perform the duty of that office, may appoint the three 
 Arbitrators for the purposes aforesaid. 
 
 iud<^men/snn!^'n;{!of°'''' ^'^^^^'"f«' '""^^^^'^ clisclaimers i>oo.n.e.t. to 
 judgments and other papers, except cavea/s, shall be orph to ^■"' •""■" »" 
 the inspection of the public at the Patent ()ffice, under such """"""" 
 regulations as may be adopted in that behalf. 
 
 45. Clerical errors happening in the framino- or convbuv r. • , 
 of any instrument of the -Patent bfhce, shall not'-be conX ed T "" ^' ™ 
 as invalidating the same, but when discovered they n A be 
 corrected under the authority of the Commissioner; 
 
 otW on^^liH Letters Patent sliall be destroyed or lost, Lo.to.,e. 
 others ol the like tenor, date and effect may be issued in lieii t'">";' J"itent 
 hereof, on the party paying the fees hereinbefore prescribed ^^'- "'"" 
 tor office copies of documents. 
 
 47 No Letters Patent shall extend to prevent the u«e of, 
 
 any invention or discovery in inv Inroio-n 1\J <^i u.'c of patented 
 
 J M. yji v^i,T!Lu\eiy in any loieign ship or vessel inventions m 
 
 Where such invention or discovery is not so used for tu^ f"''^'^"^'''"''- 
 W cTnadr^" "''^ ^''°'^' ^' ^'' '^'"'^'^ '"^^^"^^ ''' ^^^^1^°^-^^^^ 
 
 4«. Every person who before the issuino' of a P-itent h-^^^ 
 purchased, constructed or acquired anv hi^nli^n o^ ^ ^^^^l^^^^is 
 covery for which a Patent has been obtained under this ^"-^^^^^^^^^^ 
 Act, shall have the right of u.m^ and vending to othe •? 
 m^iU^'fi f\ ^^^^<-^^""^^/^^^'^^faciure or coinj.osition of 
 matter patented, so purchased, constructed or acquired 
 before the issue oi he Patent therefor, without beii.,..- h^ ] 
 to he Patentee or his representatives for so doing; but: 
 Patent shall not be held invalid as regards other persons by 
 reason of such purchase, construction^or acquisition o use 
 of the invention or disco rery l,y.tho person first afores-dd 
 or by those to whom he ma/have sold the same un ! s ,' 
 same was purchased, constructed or acquired o led br , 
 
 -!» Every Patentee under this Act, shall stamp, or euo-rave 
 on eadipatenied article sold or odered for sale >/ In the ^"^''l 
 
 latented 1809, -or as the case maybe; and any such 
 
 Ijri 
 
30 
 
 Certain offond 
 ers to bo sruilty 
 ui' a misde- 
 meanor. 
 
 Making a talso 
 entry or copy 
 to bo a misde- 
 meanor. 
 
 Acts repealed. 
 
 Short title. 
 
 Uommonce- 
 luent. 
 
 Patent Act of 1869. 
 
 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, points, 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 Patentee, 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 
 consent of the Patentee writes, paints, prints, moulds, casts, 
 carves, engraves, stamps or otherwise marks upon anything 
 not purchased from the Patentee, the words, "Patent," 
 " Letters Patent," " Queen's Patent," " Patented," or any 
 word or words of like import, with the intent of counterfeit- 
 ing or imitating the stamp, mark or device of the Patentee, 
 or of deceiving the public and inducing them to believe that 
 the thing in question was made or sold by or with the con- 
 sent of the Patentee, — shall be deemed to have committed a 
 misdemeanor, 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 imprison- 
 ment 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 
 misdemeanor and shall be punished by fine and imprison- 
 ment accordingly. 
 
 53. Chapter thirty-four of the Consolidated Statutes of 
 the late Province of Canada, respecting Patents for Inven- 
 tions, — Chapter one hundred and seventeen of the Revised 
 Statutes of Nova Scotia, (third series), — Chapter one hun- 
 dred and eighteen of the Revised Statutes of New Briins- 
 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 inconsistent 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 liabili- 
 ties 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 eflect on the first 
 day of July, 1869. 
 
 
Ig 
 
 TABLE OF CONTENTS. 
 
 COPYBIGHTS, 
 
 con- 
 
 
 Register of Copjriglits 
 
 Rules and Forms 
 
 Wlio can obtain a Copyright 
 
 ^V^lat are the subjects of Copyrights 
 
 Period of duration of Privilege 
 
 No immoral, licentious or treasonable works allowed to be Copy- 
 righted 
 
 Renewal and continuation of Copyright 
 
 Record of Renewal to be published in Canada Gazette 
 
 Deposit of 2 copies 
 
 Written description of Paintings, Drawings, Statuary and Sculptures 
 
 Fee for Registration of Copyright and Certificate 
 
 Deposit of one copy of a Copyrighted worlc in the Library 
 
 Inscription to be printed 
 
 Signature of the Artist 
 
 Publication in Canada required from Authors residing in Great Britain 
 
 or Ireland 
 
 Name and place of abode or business of publisher 
 
 Penalty for infringement of Copyright. 
 
 Penalty for infringement of Copyright of Paijiting, &c 
 
 Penalty for infiingement of Copyright of Print, &c 
 
 Temporary registration 
 
 Inscription to bo printed in that case 
 
 No Copyright of any Scene or Object 
 
 Conditions of Assignments of Rights 
 
 Damages for inlringement of Copyright 
 
 Penalty for fiilsely asserting Copyright 
 
 Prosecution for the recovery of penalty 
 
 Jte{)pal qf former Acts , 
 
 i[Ji?expij:e4 Pppyyigbtii un^ep old Aotu, , 
 ^oyt Tiilft. . .' ^ ,....., 
 
 PAflE.S 
 
 3 
 
 4 
 4 
 4 
 4 
 4 
 4 
 4 
 5 
 
 f) 
 
 () 
 
 6 
 (> 
 () 
 7 
 
 '»»l»?»*»»»tt' 
 
32 
 
 Table of Contents. 
 
 m 
 
 TRADK MARKS AND INDUSTRIAL DESIGNS. 
 
 PAfiKS. 
 
 Rpgisfor of Trade Marks •» 
 
 Jtogistor of Indastrial Designs <» 
 
 < 'onditions to obtain Kogistration •» 
 
 Deposit of Patterns in diii)Iicate <) 
 
 Deelaration y 
 
 JJules and Forms y 
 
 TP.ADi; IFAKKS. 
 
 • 
 
 What shall bo deemed Trade Marks ]() 
 
 Exchisivo riglit to use Traile Marks |() 
 
 Cancellation of Trade Marks ]() 
 
 Registered Trade Marks assignable in law ID 
 
 Conllicting Claims 10 
 
 Penalty for using another person's Trade Mark II 
 
 Complaint to bo made by the proprietor II 
 
 Penalty for Eegistin'ing another person's Trade Mark I! 
 
 I'enalty for using Trade Marks of i)ersons not resident in CanadiV. . . 11 
 
 Close imitation of Trade Mark forbidden : V2. 
 
 Action of damages 12 
 
 n 
 
 
 '/ 
 
 INDUSTRIAL DKSIfJNS. 
 
 Period of duration of privilege ] 2 
 
 Kegistration before publication J 2 
 
 The proprietor to register Design 12 
 
 Design assignable in law 12 
 
 Penalty for using Design without license L'J 
 
 Penalty for marking an unregistered article as registered ].'] 
 
 Action of Damage 1 ;> 
 
 Proceedings against I'rauilulent Declaration i;^ 
 
 Alteration in the llegister by order of Court 14 
 
 Proceedings within 12 months 14 
 
 Certificate of Kegistration 14 
 
 Its eflect 14 
 
 GRXKRAL rnOVISIOXS FOU TRADK MARKS AND DESIGNS. 
 
 Registers public 14 
 
 Copies of Trade Marks or Designs to bo delivered on payment of Fee. 14 
 
 Rufusal to register certain Designs 15 
 
 Publication in the Canada Gazeite 1 ,") 
 
 Clerical errors may be correcited 15 
 
 Fees for Registration, (,'ertiKcatcs, Assignments and Copies 15 
 
 Fees paid over to Receiver General 15 
 
 Repeal of former Acts 15 
 
 Rights acquired under repealed Acts 15 
 
 Deputy Minister substituted for Secretary of Registi ati'- 
 
 tistics 10 
 
 Short Title IG 
 
 \f'. 
 
 
 ,f 
 
i 
 
 CAfiKS. 
 '.> 
 '.» 
 <) 
 <l 
 <» 
 
 >'^% 
 
 '<] 
 
 't7 
 
 ^ 
 
 If! 
 
 H' 
 
 ,f 
 
 Table of Contents. 
 
 PATENTS. 
 
 Patent Office instituted ^^j°^^- 
 
 Mmistor of Agriculture Commissioner of Patents n 
 
 A seal for the Patent Office '" " ' JT 
 
 Eulcs, Regulations and Forms ,, 
 
 Deputy Commissioner of Patents jo 
 
 Eeport of Proceedings, Lists published , , jo 
 
 Wlio may obtain Patents ,^ 
 
 Patents to be under seal and signature jo 
 
 Patent obt.ained in another country not to "prevent ' grantiiig ' of 
 Patent within six months jg 
 
 Patent may be granted to legal representatives .,,[, jg 
 
 Patent for improvements ,q 
 
 Joint apislications 
 
 Oath or affirmation 
 
 Election of domicile 
 
 Petition to obttxin a Patent ' 
 
 Specification and Drawings *L 
 
 A model or samples to be furnished 1. 
 
 Title or Name of Invention ^. 
 
 Period of privilege "■ 
 
 Extension of time. ~ 
 
 01 
 
 Certiiicate of the Mmister of Justice 01 
 
 Surrender and Re-issue of Patents Z. 
 
 Disavowal of Specification ......' ^o 
 
 Government to use Patented Articles ii^" 
 
 Assignments of Patents ' 
 
 Action of Damages ... ^^ 
 
 ^ OQ 
 
 Action for Infringement 
 
 Power of Discrimination of Courts 
 
 Matter of Defence [[[ ^"^ 
 
 Null!'.y, Impeachment and Vjidance of Patents It 
 
 Condition of Nullity ~* • 
 
 Proceeding for Impeachment 
 
 Certificate of Voidance of a Patent "^ 
 
 Appeal of a Judgment "^ 
 
 Une - ired Patents under former Laws . .^ ^'^ 
 
 Extension of former Patents to the Dominion.' o« 
 
 Conditions for Extension ~° 
 
 Records of Patents under former Laws "^ 
 
 Fees^for Patents, Assignments, Copies "of Documents "and Drawiiigs, "*^ 
 
 Fee to pay all services '^^ 
 
 Fees paid over to Receiver General ~J 
 
 No exemption of Fees ^" 
 
 When Fees can be Returned. ^ 
 
 27 
 
 MISCELLANEOUS PROVISIONS. 
 
 Application interfering with Caveat 
 
 Caveat Deteimined 27 
 
 27 
 
 33 
 
34 Table of Contents. 
 
 ^. . , PAGEB. 
 
 Objections to Grant a Patent 28 
 
 Notice of such Objection 2S 
 
 Ai^peal from the tlecision of the Commissioner 28 
 
 Arbitration in Interfering Applications 28 
 
 Appointment of Arbitrators and theii- Decision 28 
 
 Documents Open to Examination 29 
 
 Caveats Secret 2'J 
 
 Clerical errors may bo corrected 29 
 
 Eeissuo of Patents destroyed or lost 29 
 
 Proviso in favor of Foreign Vessels 29 
 
 Acquired rights before Patent 29 
 
 Inscription on articles patented 29 
 
 Fine in the Absence of the Inscription 29 
 
 Penalty for Counterfeiting 30 
 
 Penalty for causing false entry to be made 30 
 
 Repeal of former laws 30 
 
 Short Title 30 
 
 When to take effect 30