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I This item is filmed at the reduction ratio checked below/ Ce document est filmA au taux de reduction indiquA ci-dessous. 10X 14X 18X 22X 26X 30X jy"" J ! ! ! 12X 16X 20X 24X 28X 32X ils lu iifier ne age Th« copy fiimad hard has b««n raproducad thanks to tha ganarosity of: Library of Parliament and the National Library of Canada. Tha imagas appaaring hara ara tha baat quality possibia considaring tha condition and lagibility of tha original copy and in kaaping with tha filming contract spacifications. L'axamplaira film«k fut raproduit grica i la gin^rositi da: La Bibliothdqus du Parlement et la Bibliothdque nationals du Canada. Las imagaa suivantaa ont tti raproduitaa avac la plua grand soin, compta tanu da la condition at da la nattati da I'sxamplaira filmA, at 9n conformity avac laa conditions du contrat da filmaga. Original copiaa in printad papar covara ara filmad baginning with tha front covar and anding on tha last paga with a printad or illuatratad imprea- sion, or tha back covar whan appropriata. All othar original copiaa ara filmad beginning on tha first paga with a printad or illuatratad impraa- sion, and anding on tha iaat paga with a printad or illuatratad impraaaion. Laa axamplairaa originaux dont la couvartura an papisr aat imprimte sont filmia an comman^asit par la pramiar plat at an tarminant soit par la darniAra paga qui comporta una amprainta d'impraaaion ou d'illustration, soit par la sacond plat, salon la eas. Tous laa autraa axamplairaa originaux sont filmte an commandant par la prami*r9 paga qui comporta una amprainta d'impraaaion ou d'illustration at an tarminant par la darniira paga qui comporta una talla amprainta. Tha last racordad frama on aach microflcha shall contain tha symbol —»^( moaning "CON- TINUED"), or tha symbol V (moaning END "). whichavar appliaa. Un doa symbolaa suivants apparaitra sui la domlAra imaga da chaqua mJcroficha, salon la caa: la symbola — »• aignifia "A SUIVRE", la symboia ▼ signjfia "FIN". Mapa. piataa. charts, ate. may ba filmad at diffarant raduction ratios. Thosa too largo to ba antiraly inciudad in ona axposuro ara filmad baginning in tha uppar laft hand cornar, laft to right and top to bottom, aa many framaa aa raquirad. Tha following diagrama illuatrata tha mathod: Lea cartaa. pianchea. tabiaaux. ate. pauvant Atra filmia it daa Xmux da rMuction diffirents. Lorsqua la documant aat trop grand pour itra raproduit 9n un saul clichA. II est filmi i partir do I'angla sup4riaur gaucha, da gaucha h droita. at da haMt an baa. an pranant la nomhra dimagaa nicaaaaira. Laa diagrammas suivants illustrant la mAthooa. ata ilure, J ax 1 2 3 1 2 3 4 5 6 INVENTORS AND PATENTEES MANDAL ISSUED BY ..^HE |NfERNATIONAL §ATENT igpFICE, OTTAWA, MONTREAL t: LONDON, (Enc,.) Managkr : F W PTTTNKETT rh;// Rmrinrcr. Provincial Patents issued before ist July 1869 apply only to the Frrvince where granted but they may now be extended over the Dominion, in case the Patentee is a British subject S^ a Resident. Particular attention given to securing these extensions. See pamphlet for expenses &c. ALSO, "THE PATENT ACT OE 1869" OF CANADA. t'RiNTED nv LoiTi?; Perrault & Co,, J1.4 St= Jat'if'? Street, 18GO INV rri & ,HE In OTT^ 88 p F Containing Si respcctin " Till IPRINTEI INVENTORS AND PATENTEES MANUAL (> ISSUED BY She International §atent Mffice, OTTAWA, MONTREAL & LONDON, (Enc;.) Manager : E. W. TLUNKETT, C/v/l Engineer, 88 Great St. Tamrs Sti\eet, MONTREAL, ) Containing Suggestions and Instructions for Inventors and Patentees respecting the Laws, Rules of Practice, Mode of Procedure and Cost of obtaining of Patents in Canada and Foreign Countries. ALSO, "THE PATENT ACT OF 1869" OF CANADA. I A JPRINTED BY LOUIR PeRRAULT & Co., 134 St. JaMES StrKET. 18G9 f» All Commnni€allo?fs lo l/iis A.gency arc coiisidercd sln'rlly co7i/idc7rltal. -»•»■ STJO-O-ElSTIOlSrS I TO w INVENTORS AND PATENTEES. ♦•» When a person wishes to patent an Invention, the best thing to do before going to the expense of making formal applieation, is, to asccrtam inst, if the Invention is patentable, and next, if anything snnilar to it has been patented 1)efore. Possessed of this informa- tion—which may be obtained at a trifling expense— the intending Patentee is enabled to form a correct opinion of the prospect of securing a good and valid Patent ; it may also save him considerable expense, by rendering unnecessary, certain proceedings in the Patent Office in the tirst place, or in the Law Courts subsequently ; for if an application interferes with another similar invention already patented, or about to be so, arbitrators have to be appointed and a tedious legal process gone through, in order to determine the right- ful owner of the Patent. Put if an intending Patentee knows precisely the nature and extent of previous similar Patents, his application may, in most cases, be prepared so as to avoid a conflict, and still fully cover his own invention. It will thus be seen that an acquamtance with prior similar Patents gives a great advantage in the preparation of api)lications, and that it also enhances the value <>f i'atents by rendering them less liable to be contested. Patents may be called in question at any time before a Judicial Tribunal, and if found defective, repealed : therefore none can be considered positively valid unless capable of resisting the severest scrutinity of the law, and any legal evidence that may be brought against them. In some countries Patents are granted on the repre- sentations of the applicant, without any examination of the truth of his allegations, or the merits of the Invention. In other countries, applications are carefully investigated, and only granted when the 1 I examining officials are satisfied that the Patent clanned is for a novelty, &c. But in all countries, the actual validity of a Patent can be finally proved only in Courts of Law. In order therefore to have an Invention thoroughly protected, it is not alone sufhcicnt to have it patented; it must be clearly and definitly described and the statements and claims advanced in the application must be capable of undeniable proof. These considerations shew the impor- tance of having the application and official documents proporly prepared. The transaction of business with the Patent Office al.u) requires the case to be well and carefully drawn up. PRELIMINARY EXAMINATIONS. Copies of the Patent Records of Great Britain, the United States and the four Provinces now forming the Dominion of Canada are kept on fyle, at the Head Office of this agency in Montreal, so that searches of the patented " ..ventions of these countries can be made at any time and reports of same forwarded on short notice to inven- tors and Patentees for their guidance. When a Report of Preliminary Examinations is fowarded to an Inventor or Patentee from this agency, an opinion respecting the novelty of his Invention, the practibility of obtaining a Patent &c, will also be furnished to him. Such opinion being based on the ex- perience of many years in connection v/ith Patents and Patents business, will, it is confidently expected, be of much service to in- ventors, by assisting them to a conclusion respecting the best course to pursue in relation to their Invention. The documents required by this agency in order to institute a Preliminary Examination and furnish Eeport or to make formal application for Patent are : 1ST.— A detailed written description of the Invention, containing the fullest particulars of its construction, operation, advantages, dit- fcrence from other known similar inventions ; in fact the whole ot the Inventor's ideas respecting it clearly explained, and concluding with a short specific statement of the precise parts claimed as for instance, " I claim the Box A the Shaft B " &c. _ 2ND.— A drawing, pen sketch, or a model explaining the In- ""^Thribove comprises all (excepting the fees) that is required by this Agency, either to make a preliminary examination or prepare a complete and formal application for patent -DTTT^nPT The FEES for PRELIMINARY EXAMINATION, REPORT and OPINION, are as follows : Great Britain United States Canada $6 to $10 $5 to $10 $3 to $10 1 rj 1 The precise sum will be in proportion to the amount of trouble taken and within the limits above stated. In forwarding instructions to make Preliminary Examination, the lesser fee, as above, will require to accompany pipers. If the amount uf trouble involved requires a larger fee, the iuventor will be notified accordingly and asked to send it afterwards. Patentees and others are requested to bear in mind that a Pre- liminary Examination and Report guarantees nothing ; if favorable, it only renders the granting of a good Patent very probable. This preliminary step is of course quite optional with the Inventor or Patentee. It is only recommended here as affording important advantages in preparing formal application, and securing good Patents. CANADA A new t-aw came into operation on the ist July 1869. A copy of same may be found at end of this Pamphlet. Under its provisions Patents arc now granted for the entire Dominion by the General Government. The following are the chief features of the " Patent Act 0/ 1^6%'^ and Office Rules of Practice. WHO MAY OBTAIN A PATENT:— Patentees may be of any nationality but must have resided in Canada for one year next before application. ASSIGNEE AND ASSIGNMENTS :— Patents may issue to the Assignees or Representatives of these entitled to obtain Patents. Assignments of the whole or part interest of an invention muse be registered in the Patent Office. The Assignment first executed takes precedence. MODEL:— A Model will be required unless speciaWy dispensed with by the Commissioner. It must not exceed 18 inches in its longest side unless allowed by special permission. It should be for- warded hereby Express paid and Express receipt sent by let- ter. The Model must b^ .r the name of Inventor, the title of invention, and date of application. DURATION :— Patents will be issued for 5 years, but may be extended for two additional periods of 5 years each (upon application), making the whole duration 15 years. AMENDED PATENTS .— Patents deemed defective by reason of deficient descriptions specifications or excessive claims, may be amended if errors arise through inadvertance and are disclaimed. I I ■ 6 NULLITY :— Patents shall be void if any material point set forth in the documents forming application, be untrue. MANUFACTUIIING :— Patents shall also be void unless the construction and manu- facture of the Invention is carried on within three years from date of Patent. PATENTS ISSUED UNDER FORMER LAWS :— These shall remain in force for the same time and extent »if- {r\ nrwwr'v fhr» fiflo miicf Im rnrnrHrrl. Thp TJatPT'jt'pd ""^'"'o ' 'V ■■ " ---■ I invention may be freely imported, subject to the revenue laws. Either joint patentee may make and sell the patented article for his sole benefit. The law does not require the invention to be worked. ▲1 10 UNITED STATES. Patents arc granted to natives and foreigner alike, provided the laws of the country to which the foreigner belongs do not discrimi- nate respecting Patents against natives of the United States. If they do, a fee of $$00 is exacted. Thus, Canadians and British subjects resident in Canada, have to pay that amount for a Patent in the United States, because the laws of Canada do not grant Patents to American citizens. PATENTS FOR INVENTIONS ARE ISSUED FOR THE FOLLOWING : 1. Any new and useful art, method or process, or any improve- ment therein. 2. Any new and useful machine, or any improvement on any machine. 3. Any ne\y and useful manufacture, or any improvement therein. 4.' Any new and useful composition of matter, or any improve- ment in any composition of matter. It is sometimes important to be able to prove the earliest date of an invention, or as soon after the time of its origin as can be detini- tively and positively proved. To this end, 't is recommended to show and to explain to some confidendal friend or friends the in- vention, or a, model or drawing, as early as possible, and to induce such friends to record the date. This step, if the application for patent be followed up with— to use the language of the law^—" rea- sonable diligence," is sometimes of great service. But such proof must be understood as availing nothing unless the development of the invention and an application for patent be made and tbllowed up with due diligence. Duration of patent 17 years. Preliminary Examinations made of the Records and Draw- ings in the Patent Office and a report furnished intending Patentees. Copies of Drawings and specifications of all patented inven- tions furnished at moderate expense. C/VVKATS, protecting inventions for one year, can only be fyled l)y natives and resident aliens. The Model which should be forwarded h^ express, [)rcpaid, addressed to the Manager of this agency upon application for a patent, should be neatly made of hard wood or some other durable material not exceeding twelve inches in any of its dimensicjus, un- less ii Uu'ger model is necessary to exhibit the invention ; .tikI llie title of the invention must be j^rixed upon it in a pcrr.:anent manner. When the invention is a composition of matter, a .-i -cimen of each of the ingredients and of the compositistcring USL^ FUL DESIGNS varies from $60 to $100. ORNAiMKN 1 AL DESIGNS may be protected for periods of from i to 5 years, de- Dcnding upon the particular article. The expense dso varies m like manner from $5 to $30, according to the particdar thing re- gistered. ' UNITED STATES Designs may be secured for the following peri(»ds :— 3i years, 7 years, and 14 years. The expense of the protection depends on its length. The following is about what the cost will be :— For 3i years . . . . ■ ^^o For 7 years . . . • 25 For J 4 years .... 4^ AN ACT RESPECTING PATENTS OF INVENTION. H ER Majesty, by a.id with the advice and consent of the Senate Prca.bie. and Horrse of Commons of Canada, enacts as follows : PA lEiNT OFFICE CONSTITUTKD. 1 There shall be attached to the Department of AgricuHure, as a bmnch thereof an Clhce to be named The Patent Otiice ; and theSLer of aW^^^^^^ for the time b.ing shall be the Commis- sioner oV Stents of Invention ; and it shiU be the drty of tb. said Commissioner to receive all applications, {f-' l-l-^l/^f^;^^^^^^^ ind models for patents, and to perform such acts and thmgs respec. fn.r t^ grandng and ssuing if patents for new and useful inyen- hL discoSs,^ inprovements ls are herein provided for ; InTAfshall hTve the cha?ge and custody of the books, records pa- pers, models, machines, and other things belonging to tne said Othce. S. The Commission'^r shall cause a seal to be made f^/r the pur- pofes of this Act. and may cause to be ^^^^^^^^ therewith^ Date It and other instruments and copies proceeding from the l atem Office ; and all Courts, Judges, aud other P^--- wh^^^^^^^^^ take notice of such seal, and receive impressu.ns ^^^^;'"^ V;^^^\^ ^^^^^^^^ in like manner as impressions of the Great Seal are reccivea i . ev dence ^id sSll also take notice of and receive in evidence, without IXV^prtrL^ without productj.m of the ori^^^^^^^^^^ extracts certified under the seal of the said Office to copies ot or tx tracts from documents deposited in such ottice. ,.,,,, ^ The Commissioner may, from time to fme, subject to the ap-^Jal of r^ar^^^^^ in Council, make s-h rules and S^^^sj^^^^o^thSi^r^^^^ be gfve^n tSii Canal Lctte; and all documents execu^^^^^^ the same and accepted by the Commissioner shall be held vahU so far as relating to jrroceedings in the Patent Office. 4 The Deputy of the Minister of Agriculture sha I be the De- pufy'CommiSLr of Patents of Invention ; -^ the Govci^ may, from time to time, appoint such clerks and ofiiccr^ undtr him Minister of Agiicultiirw to be OommiB- sioiior ;of Pa- tents of luifca- tion. Seal to bo made aud im- jiressloua thereof to he received iu evideucc. Coni^iissiouer to lual^e rules D(!i)uty Ooiii- litisiiiouer of I'iitcnts of Iu- veuiiou, 99 as may be necessary for the purpose of this Act, and such clerks and officers shall hold oftice during pleasure. Amm.ii ropoii •>. Thc Commissioner shall cause a reporr to be prepared an- ShI''' "' ^''*" "Uglily ''i»<^i J^'iitl before Parliament of the proceedings under this Act, and shall from time to time and at least once in a year, publish in the Cauuda Cazdte a list of Patents granted, and may, with the ap- proval of thc Ciovernor in Council, cause such si)ecifications and drawings as may be deemed of interest, or essential parts thereof, to be printed from timc.to time for distribution or sale. Residents of Caiiiuta tiiiiy olit.aiii I'iUuiits for tlu;ir own ilis(;ov«M-i<'H tiud iuvi'Utious. or foroiKii pu- ti'iit to siiid iuvoutor. UcprcsMitalivo of luvorUor may obtuiu pa- • eut. or patent for iinprovcmeiit on patcniod invL'uiion, WHO MAY OliTAIN PATExNTS. O. Any person aavlngbcen 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 com})osition of matter, not known or used by others l)elore his invention or discovery thereof, or not being at the«time of in"s 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 in- ventor or discoverer thereof may, on a petition to that efiect presen- ted to the Commissioner and on compliance with thc other require- ments of this Act, ol3tain a Patent graniing to such person an ex- clusive property therein ; and the said Patent shall be under the seal of the I'atcnt Office and the signature of the Commissioner, or the signature of another member of the Privy Council, and shall be good and avail to the grantee, his heirs, assigns or other legal re- in-csentatives,^ f(jr thc ])eriod mentioned in such Patent ; but no Patent shall issue for an invention or discovery having .m illieit object in view nor for any mere scientific principle or abstract theorem. 7. An original and true inventor or discoverer, shall not be de- prived of the right to a Patent for his invention or discovery l)y reason of his having, ])reviously to his apjilication, taken out a Patent therefor in anj^ other country, at any time within six months next preceding the filing of his specification and drawing as reciuired by this Act. 8. The Patent may be granted to any person to whom the inven- tor or discoverer entitled under the sixth section to obtain a Patent has assigned or becjueathcd the right of obtaining the same, and the exclusive property in the invention or discovery in Canada, or in default of such assignment or bequest, to the executor or admi- nistrator of the deceased inventor or discoverer, or otlier legal representative. O. Any person, having been a resident of Canada for at least one year next before iiis application ; and who lias invented or discover- ed any improvement on any Patented invention or discovery, may 23 obtain a Patent for such improvement, but shall not thereby obtain the right of vending or using the original invention 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 >ir!ifion ol is made, the date, and be si^ed by the applicant and two witnes* ses ;— in the case of a machnic 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 inventor or discoverer and shall have written references correspond- ing with the specification, and a certificate of the applicant that it is the drawing referred to in the specification ; but the Commissio- ner 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. 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 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 Com- missioner specimens of the ingredients, and of the composition of matter sufficient in quantity for the purpose of experiment, when- ever the invention is a composition of matter ; provided such ingredients and composition are not of an explosive character or otlierwise dangerous, in which case they are to be furnished only when specially required by the Commissioner, and then with such precaution as shall be prescribed in the said requisition. CONTENTS, DURATION, SURRENDER, RE-ISSUE OF PATENTS AND DISCLAIMERS, 10. Every Patent granted under this Act shall recite briefly the substance of the petition on which it is granted, and shall contain the title or name of the invention or discovery and a short descrip- tion of the same, referring for a fuller detail to the specification,-— and shall grant to the Patentee, his assigns and legal representatives, (»r 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. IT". Patents of invention or discovery issued by the Patent Ofikc shall be valid for a period of five years ; Ixit at or before the expira- tion of the said five years, the holder thereof may obtain an cxien- sion of the Palcut for another j)eriod of five years, and after those 25 of istcr of second five years, may again obtain a furtTier extension for another period of five years ; and the instrument delivered l)y 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 Commissioner, or any other Privy Councillor in case of absence of the Commissioner. 18. Every such patent, and every instrument foff granting a fur- rertiiicnu-. ther extension of any patent shall, before it is signed by the Com- i';,':;^"'^*' missionner 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 cer- tify accordingly, and such patent or instrument may then be signed and the seal affixed thereto, and being duly registered, shall avail to the granteee thereof and be delivered to him. lO. "Whenever any patent shall be deemed defective or inopera- ^" "^J^," "^.^""""^ live by reason of insufficient description or specification, or by rca- giouer!"umy son of the patentee claiming more than he had a right to claim as J^^'^f, tVd'bo new, but at the same time it appears that the error rose from inad- issued. vertance, accident or mistake, without any fraudulent 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 speci- fication 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 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 eff'ect in law, on the trial of any action there- after 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. 30. Similarly, whenever by any mistake, accident or inadver- I'ntontoomiiy tence and without any wilful intent to defraud or mislead the public oiaimcrr a patentee has made his specification too broad, claiming more than that of which he or the party through whonri he claims was the first inventor or discoverer, or has in the specification claimed that he or the party through whom he claims was tlie first inventor or discoverer of any material or substantial part of the invention or discovery patented of which he was not the first inventor or discov- crcr, anu iiau iiu icgai iigiu Lnciciu j — uic paicuicO ma), Ou p^)' ment of the fee hereinafter provided, make disclaimer of such parts as he shall not claim to hold by virtue of the patent or the assign- ment thereof ;— such disclaimer shall be iu writing, and in duplicate, 26 fjovcrnuient may use any patented ia- veution. Pati IS to be uhh!^ lablo. AssigmmstUiS to be registered. Penalty tor Mii- tringomeut of l>utunt. and attested in the manner hereinbefore prescribed for a patent, one copy to be tiled and recorded in the Otifice of the Commissioner, the other copy to he attached to the patent and made a part thereof hy reference, and such disclaimer shall thereafter be taken and consi- dered as part of the original specification. Such disclaimer shall not affect any action pending at the time of its being made, except in so far as may relate to the question of unreasonable neglect or tlelay in 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 distinguished from other i)arts claimed without right ; and the dis- claimant shall be entitled to maintain a suit for such a part accor- dingly. ASSIGNMENT AND INFRINGEMENT OF PATENTS. 21. The Government of Canada may always use any patqnted invention or discovery, paying to the patentee such sum as the Com- missioner may report to be a reasonable compensation for the use thereof. 22. Every Patent for an invention or discovery whensoever issu- ed shall be assignable in law either as to the 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 ancl use and to grant to others the right to make and use the inven- tion 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 cuch Provinces or of the Dominion, shall be registered in the Office of the Commissioner ; and every assignment affecting a Pa- tent for invention or discovery shall be 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. P>cry person who, without the consent in writing of the Pa- tents lakes, constructs or puts in practice any invention or disco- very lur which a Patent has been obtained under this ACt or procu- res 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 damaccs 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. ZT 31. An action for the infringement of a Patent may be brought Action tor in- before any Court of Record having jurisdiction to the amount of da- [SeDt'r"'' '''^ mages asked for and having its sittings within the Province in which the infringement is said to have taken place, and being at the same time, of the Courts of such jurisdiction within such Province, the (jnc (jf wliich the pkice of hokling is nearest to the pkace of residen- ce or of business of the deicndant ; and such Court shall decide the case and delerniinc as to co.sts. In any action for the infringement of a Patent, the Court if sitting (n- any Judge thereof in Chaml)ers if the Court be not sitting may, on the apjilication of the plaintiff or defendant respectively, make such order for an injunction, restrain- ing the opposite party from further use, manufacture or sale of the subject matter of the patent, and for his punishment in the event of disob'xlience to such order ; or for insijcction or account, and res- pecting the same and the proceedings in the action, as the Court or Judge may see tit : — but from such order an appeal shall lie under the same circumstances and to the same Court, as from other judg- ments or orders of the Court in which the order was made. 3»5. Whenever the plaintiff fails to sustain his action, because his Oourt may dis- specification and claim embrace more than that o^ which he was the oci'tai"''^',". first inventor or discoverer, and it appears that the defendant used or infringed any part of the invention or discovery justly and truly specifiedand claimed as new, the Court may discriminate, and the judgment may be rendered accordingly. !2<5. The defendant in any such action may specially plead as ncfcnce m matter of defence any fact or default which by this Act or by kwv =*""»» ^'^'*««- would render uic Patent void ; and the Court shall taUe cognizance of that special pleading and of the facts coimected therewith, and shall decide the case accordingly. NULLITY IMPEACIIMExNT AND VOID\NCL OV I'ATKNTS. 37*. A Patent shall be void, if any material allegation in the pe- I'atcnttobo tition or declaration of the applicant be m\truc, or if the spccifica- ^;^JJ,',y„7,{j,"" tion and drawings contain more or less than is necessary for obtain- valid tor i.art. ing the end for v;hich they purport to be made, such omission or addition being wilfully made for the purpose of misleading ; but if it shall appear to the Com't that such omission or a.idition is simply an involuntary error, and it is proved that the Patentee is entitled to the remainder of his Patent /rt? /anlo, the Court shall render a judgment in ac rrdancc with the facts, and determine as to costs, and the Patent shall be held valid for such part of the invention described, and two olfice copies of such judgment shall be furnished to the Patent 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 Pa- tent and made a part of it by a reference. Paten trt to be uoixlitioned on nianuln/itiire ill Canada of thiugpatcutud. rr<»ceedin,c;H for inipi^nch- nicutofiiatout. 28 28. Every Patent granted under this Act shall Ijc subject and expressed 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 com- menced and shall after such commencement carry on in Canada the construction or manufacture of the invention or discovery ])atented, in such manner that any person desiring to use it may obtain it or cause it to be made for him at a reasonable price at some manufac- tory 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, im- ports of causes to be imported into Canada, the invention or dis- covery for which the Patent is granted. 20. Any person desiring to impeach any Patent issued under this Act, may obtain a sealed and certified copy of the I'atcnt and of the petition, declaration, drawings and specification thereunto relating, and may have the same filed in the Office of the JV. All intending a])plicant for a Patent who has not yet per- ^iitiiiu iiwy liiu ^'^^'^^'^'^ ^^'^ invention or discovery and is in fear of being despoiled of caveat. his idea, may tile in the Patent Office a description of his invention ur discovery so far with or without i)lans, at his own will , and the Commissioner, on reception of the fee hereinbefore prescribed, shall cause the said document to be preserved in secrecy, with the excep- tion 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 ai)plication 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 Commissioner 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 ui\ an ajsplication for patent, and if, in the opinion of the Connnissioncr the applications are interfering, like proceedings may be had in all respects as are by this Act provided in the case of interfering applications. Provided further that unless the pers(M\ tiling any caveat, shall within four years from the filing thereof have made application for a patent, i\\Q caveat ^\\\x\\ be void. 31 40. The Commissioner may object to grant a Patent in the Comnii-ssioner follovvint^ cases : "'"y "''J®*"' ^ ° grant a pateuk 1. When he is of opinion that the alleged invention or discovery oLus?*'" is not patentable in law ; 2. When it appears that the invention or discovery is already in the possession ufthe pui>lic with the consent or allowance of the inventor ; 3. When it appears that the invention or disc(n'ery has been iles- cribed in a l)ook or t)ther printed publication bef(jre the date ot the ai)j)lication or (Otherwise in the possession of the public ; 4. When it appears that the invention or disc(jvery has already been patented, excepted, however, when the case is one within the seventh section of this Act or one in which the Ccjinniissioner has dou])ts as to whether the patentee or the applicant is the first inventor or discoverer. 11. Whenever the Coniniissioner objects to grant a Patent as GommisHiouor aforesaid, he shall notify the applicant to that effect and shall state f."r'.nVl!I'.li' the ground or reason therefor with suthcient detad to enable the K'vun.i of applicant to answer, if he can, the objection of the Commissioner. "''J^^-^'""- •13. Every ap]jlicai;t who has fiiiled to obtain a Patent by reason Appiicuut may •of the objection of the Commissioner as aforesaid, may at any time ?,'''""'"" . wilhni SIX months alter notice thereof has been addressed to liini or Coimcii. his agent, appeal from the decision of the Commissioner to the (jovern.jr in (Jouncil. 4Jl. In cases of interfering applications for any Patent, the same Ari.itrau.m ia shall Ix; submitted to the arbitration (jf three skilled persons, one of ""•*'*'' "''»"•■'' wlioni shall be chosen by each of the ai)plicants, and the third per- Sur"" "''^'"' son shall be chosen by the Commissioner, or by his Deputy or the person appoin.ted to perfMin the duty of that office ; — And the deci- sion or award of such Arbitrators, or any two of them, delivered to the Commissioner in writing, and subscribed by them, or any two of them, shall be linal as far as respects the granting of the Patent ; 2, If either of the applicants refuses or fails to choose an Arbri- Theaame. trator, when required so to do by the Commissioner, the Patent shall issue to the oi)p(jsite party ; And when there are more than two interfering applicants, and the parties applying do not all unite in appointing three Arbritrators, the Commissioner or his Deputy or person appointed to perfonu the duty of that office, may apjjoint tiie three iVrbntrators for the purposes aforesaid. •11. All sfiecifications, drawings, models, disclaimers judgments n.-cuiuents to and other papers, except anwits, shall be open to the ins|)ecti