and Clerks.

Deputy 4. The Deputy of the Minister of Agriculture shall be the Deputy Commissioner Commissioner of Patents of Invention; and the Governor in Council may, from time to time, appoint such clerks and officers under him as may be necessary for the purposes of this Act, and such clerks and officers shall hold office during pleasure. No officer or employé of the Patent Office shall buy, sell or acquire, or traffic in an invention or patent, or rights to patents therefor; and every such purchase and sale, and every assignment or transfer thereof, by or to any officer or employé as aforesaid, shall be utterly null and void. But this shall not apply to any original inventor, or to the acquisition by bequest.

Employés in Patent Office concerned in

not to be

patents. Exception.

Annual report and list of patents.

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 each year, Publication of publish in the Canada Gazette a list of patents granted, and may with the approval of the Governor in Council, cause such specifications and drawings as may be deemed of interest, or essential parts thereof, to be printed from time to time for distribution or sale.

specifications.

Any person

may obtain a patent for his invention not having been then in public use in Canada

for more than

one year,

WHO MAY OBTAIN PATENTS.

6. Any person having invented any new and useful art, machine, manufacture or composition of matter, or any new and useful improvement on any art, machine, manufacture or composition of matter, not known or used by others before his invention thereof, and not being in public use or on sale for more than one year previous to his application, in Canada with the consent or allowance of the inventor thereof, may, on a petition to that effect presented to the Commissioner, and on compliance with the other requirements of this Act, obtain a patent granting to such person an exclusive property therein; and the said patent shall be under the seal of the Patent Office and the signature of the Commissioner, or the signature of another member of the Privy Council, Proviso: what and shall be good and avail to the grantee, his executors, administrators or assigns for the period mentioned in such patent; but no patent shall issue for an invention having an illicit object in view, nor for any mere scientific principle or abstract theorem.

Form of patent.

shall not be

patentable.

As to inventions for

been taken out.

7. But an inventor shall not be entitled to a patent for his invenwhich foreign tion, if a patent therefor in any other country shall have been in patents have existence in such country more than twelve months prior to the application for such patent in Canada; and if during such twelve months any person shall have commenced to manufacture in Canada the article for which such patent is afterwards obtained, such person shall continue to have the right to manufacture and sell such article, notwithstanding such patent; and under any circumstances, where a foreign patent exists, the Canadian patent shall expire at the earliest date at which any foreign patent for the same invention expires.

8. The patent may be granted to any person to whom the in- Representaventor entitled under the sixth section to obtain a patent has tives of assigned or bequeathed the right of obtaining the same, or in de- obtain the fault of such assignment or bequest, to the executors or adminis- patent, trators or assigns of the deceased inventor.

inventor may

for improve

9. Any person, who has invented any improvement on any As to patents patented invention, may obtain a patent for such improvement, ments on but shall not thereby obtain the right of vending or using the patented original invention, nor shall the patent for the original invention inventions. confer the right of vending or using the patented improvement.

Proviso.

patent.

10. In cases of joint applications, the patent shall be granted As to joint in the names of all the applicants; and in such cases, any assign- application for ment from one of the said applicants or patentees to the other or to any person, shall be registered in like manner as other assign

ments.

CONDITIONS AND FORMALITIES.

be made by applicant for

11. Every inventor, before a patent can be obtained, shall make Declaration to oath, or, when entitled by law to make an affirmation instead of an oath, shall make an affirmation, that he verily believes that he a patent. is, or, in the case of the inventor being deceased, the applicant shall make oath or affirm that the person whose assignee or representative he is, was the inventor of the invention for which the patent is solicited, and that the several allegations in the petition contained are respectively true and correct. Such oath or affirm- Before whom. ation may be made before any Justice of the Peace in Canada; but if the inventor or the applicant is not at the time in Canada the oath or affirmation may be made before any Minister Plenipotentiary, chargé d'affaires, consul, vice-consul or consular agent, holding commission under the Government of the United Kingdom, or any Judge of the country in which the applicant happens at the time to be.

12. The petitioner for a patent shall for all the purposes of this Applicant to Act elect his domicile at some known and specified place in Canada elect a domicile and mention the same in his petition for a patent.

in Canada,

13. The applicant shall, in his petition for a patent, insert the Particulars title or name of the invention, and shall, with the petition, send in required in a specification, in duplicate.

application.

14. The specification shall correctly and fully describe the Specification mode or modes of operating contemplated by the inventor; and drawing, form of, and and shall state clearly and distinctly the contrivances and things what to show. which he claims as new and for the use of which he claims an exclusive property and privilege; it shall bear the name of the place where it is made, the date, and be signed by the inventor if he be alive, (and if not by the applicant) and two witnesses; in

Commissioner

further drawings.

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 may require where the invention 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; and each drawing shall bear the signature of the applicant or of his attorney and shall have written references corresponding with the specification, but the Commissioner may require further drawings or disDrawings how pense with any of them, as he may see fit; one duplicate of the specification and of the drawings, if there are 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.

disposed of.

Working

model to be

delivered to

sioner.

15. The applicant shall also deliver to the Commissioner, unless specially dispensed from so doing for some good reason, a neat the Commis. working model of his invention on a convenient scale, exhibiting its several parts in due proportion, whenever the invention admits of such model; and shall deliver to the Commissioner specimens of the ingredients, and of the composition of matter sufficient in Or specimens quantity for the purpose of experiment, whenever the invention is a composition of matter; provided such ingredients and composition are not of an explosive character or otherwise dangerous, in which case they are to be furnished only when specially required by the Commissioner, and then with such precautions as shall be prescribed in the said requisition.

of ingredients.

Exception as to explosive materials

Contents of patents.

Conditions.

Duration of patents and periodical ex

exceeding fifteen years in all.

CONTENTS, DURATION, SURRENDER, RE-ISSUE OF PATENTS AND
DISCLAIMERS.

16. Every patent granted under this Act shall contain the title or name of the invention, with a reference to the specification, -and shall grant to the patentee, his executors, administrators, and assigns, 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, subject nevertheless to adjudication before any Court of competent jurisdiction.

17. Patents of invention issued by the Patent Office shall be valid for a period of five, ten or fifteen years at the option of the tension-not applicant; but at or before the expiration of the said five or ten years, the holder thereof may obtain an extension of the patent for another period of five years, and after those second five years, may again obtain a further extension for another period of five years, not in any case to exceed a total period of fifteen years in all; 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, to be attached, with reference, to the patent, and under the signature of the Commissioner, or of any other member of the Privy Council in case of absence of the Commissioner.

Form of extension.

tension to be

18. Every patent and instrument for the extension of time as Patent or exaforesaid shall, before it is signed by the Commissioner or any examined by other member of the Privy Council and before the seal herein before Minister of mentioned is affixed to it, be examined by the Minister of Justice, granted. 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.

Justice before

cases of error,

patent to issue,

19. Whenever any patent shall be deemed defective or in- In certain operative by reason of insufficient description or specification, or &c., the Comby reason of the patentee claiming more than he had a right to missioner may claim as new, but at the same time it appears that the error arose atenti from inadvertence, accident or mistake, without any fraudulent on amended or deceptive intention, the Commissioner may, upon the surrender specification, 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 for any part or the whole of the then unexpired residue of the 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 effect in law, on the trial of Effect of new any action thereafter commenced for any cause subsequently patent and specification accruing, as if the same had been originally filed in such corrected form before the issue of the original patent.

20. Similarly, whenever by any mistake, accident or inadver- Patentee may tence, and without any wilful intent to defraud or mislead the disclaim anything included public, a patentee has made his specification too broad, claiming in the patent more than that of which he or the party through whom he claims by mistake. was the first inventor, or has in the specification claimed that he or the party through whom he claims was the first inventor of any material or substantial part of the invention patented, of which he was not the first inventor, and to which he had no legal right; the patentee may, on payment of the fee hereinafter provided, make disclaimer of such parts as he does not claim to hold by virtue of the patent or the assignment thereof. Such disclaimer Form. shall be in writing, and in duplicate, and attested in the manner herein before 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 Disclaimer not action pending at the time of its being made, except in so far as to affect pending suits. may relate to the question of unreasonable neglect or delay 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 In case of death or legal representatives respectively, any of whom may make of patentee. disclaimer. The patent shall thereafter be deemed good and

Effect of disclaimer,

valid for so much of the invention as is truly the disclaimant's own and not disclaimed, provided it be a material and substantial part of the invention, and definitely distinguished from other parts claimed without right; and the disclaimant shall be entitled to maintain a suit for such part accordingly.

Government

may use patented invention.

Patents to be assignable.

To be registered on pain of nullity.

of patent.

ASSIGNMENT AND INFRINGEMENT OF PATENTS.

21. The Government of Canada may always use any patented invention, paying to the patentee such sum as the Commissioner may report to be a reasonable compensation for the use thereof.

22. Every patent for an invention whensoever issued 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 and use and to grant to others the right to make and use the invention patented, within and throughout Canada or any part thereof, shall be registered in the office of the Commissioner, in the manner from time to time adopted by the Commissioner of Patents for such registration; and every assignment affecting & patent for invention 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.

Remedy for 23. Every person who, without the consent in writing of the infringement patentee, makes, constructs or puts in practice any invention for which a patent has been obtained under this Act or any previous Act, or procures such invention 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 that may be adjudged, shall be recovered in like manner as in other cases in the Court in which the action is brought.

Action for

of patent.

24. An action for the infringement of a patent may be brought infringement before any Court of Record having jurisdiction to the amount of damages 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 one of which the place of holding is nearest to the place of residence or of business of the defendant; and such Court shall decide the case and determine as to costs. In any action for the infringement of a patent, the court, if sitting, or any Judge thereof in chambers if the Court be not sitting, may, on the application of the plaintiff or defendant respectively, make such order for an injunction, restraining the opposite party from further use, manufacture, or sale of the subject matter of the patent, and for his punishment in the event of disobedience to such order, or for inspection or account, and respecting the same and the proceed

Injunction may issue.