Document 6503760

PATENTEES'
MANUAL,
BHOWinO
HOW
TO
AND
INVENT,
THE
BY
MANNER
OF
LETTERS
SECUBINQ
THE
INVENTION
PATENT
nr
CANADA
FOREIGN
AND
COKTAIIfi."U
COUNTRIES
:
ALSO
*
THE
PATENT,
MARK,
TRADE
DESIGN
AND
COPY-RIGHT
LAWS
THE
OF
OF
DOMINION
CANADA,
WITH
SYNOPSIS
PATENT
OF
OF
COST
AND
ALL
COUNTRIES,
PATENTS
OF
LAWS
IN EACH.
XT
LEGGE
CHARLES
AND
COMPANY,
Solicitorsqf Patents and Civil Engineers,
48 Great
St. James Street,Montreal.
(THIBD EDITION,
BSLABOEO.)
GREATLY
PRICE
81.
:
Potttveat
PRINTED
BY
JOHN
LOVELL,
ST. NICHOLAS
1870.
\
STREET.
:"
I
V
"
"
1
"
i'';?r',;K
.'/V.A'.f-'-)
;
Entered
to Act of Farliament of Canada,in the year 1870,by Chables
according
Afi^iculture.
Leqob,
in the officeof the Minister of
owing to engagements
C.E. and Solicitorof Patente,lateof this city,
Mr. E. W. Plnnlcett,
in the United States,has transferred his business to this office. Any of that gentleman's
cations,may restassured of the likeskill
who may entrust us with their applf
fbrmer clients,
adviser.
as beatowed by their lateprofS"sional
and can beingexercised in their interest,
MosTBBAL,
May, 1870.
REMARKS
PRELIMINARY
The
present age
those
pursuitsis undoubtedly
useful
and
epoch which
an
"
with
numbered
now
sciences,as well
and
and
physical well-beingof
attributed,but
characterizes
States, surround
positionsin
the
over
the
also, in
nations
Statesmen
and
services
patriotic
of
warriors
rendered
be attributed
all
be awarded
citizens,who
given
on
and
to
sea
land,
on
loom
weaving
earth's
have
;
in
threshing machinery,
apphances
for
with
more
To
such
he
men,
should
the
in their
though they be,
yield respect
of
for
our
the
bread
character
of
Benevolent
good
and
ing
unaspir-
world
steam
power
thousands
labour,
his
and
spinning jenny
telegraph Hashing intelligence
all
earn
for
humble
; the
and
which
H'i'K
by
the
of
with
against
.
henceforth
admiration
our
whole
pronounced
sentence
foreign
ploughing, sowing, reaping,
lessening human
the
ameliorating
electric
bounds;
remotest
the
to
to
unqualifiedrespect
all its ramifications
the
its mantle
obtain.
our
the
to
United
tion,
guardian protec-
a
claim
the state, but
the
present proud
nations,in extending
indeed
may
the
and
throws
spirit,
children
own
deepest gratitude must
and
liberal
than
more
their
"
eminently
so
what
To
this progress
can
genius which
genius, can
and
privileges"their
the
what
Britain, France,
of
broad
a
To
live.
we
Great
of
van
all
in
competitor
or
race.
inventive
in which
strugglinggenius
inventors
human
their children
the
which
as
which
with
fbsteringcare
rival
no
of the
greatest wonder
the
past, in the rapid progress made in
in all which relates to the mental, moral
to the
times
the
has
trial
indus-
the
appertains to
the
arts
be
in all which
development
enormous
INVENTORS.
TO
sweat
inventors,humble
and
flows
mechanical
God's
man,
blessing
that
of
"From
his brow."
instruments
Loving Creator, may
from
the
and
work
we
of their
hands.
paternalgovernments should
encouragement and reward they so eminently
has the propriety
of this course
been felt,that in
It is well and
give them
that
So much
merit.
that
proper
present day, amongst nearlyall civilized nations,a greater
of protection
lesser amount
is given to all inventors who choose
the
the
services,
avail themselves
of its
from
inventor
the
levied
amount
being merely a nominal
to
the Government
by
to
sum
or
the
cover
and issuing the patent which,
examining the applications
various countries,extends over
the periodsto be mentioned
in
cost of
in
after
an
part of this work.
HOW
If
we
asked
were
which
upon
to
TO
the
pointout
of
man
any
INVENT.
him to invention.
Many
business
life,
ordinarygiftsmight
prospects of speedy success,
best
of
course
would
we
have
and wonderful
or
enter
prise
enter-
with the
direct
unhesitatingly
been the achievements
But the realm of
genius,as has before been mentioned.
invention i" absolutely
exhaustless,and onlyits outer edges have
been explored. The world has yet to witness the most
astounding
of modem
triumphsof mind over matter.
that much knowledge,painful
to suppose
It is a popularerror
and many wearisome failures are the
constant
effort,
disappointment,
of an inventor's success.
True there are
necessary preliminaries
individual examples of this kind ; they are exceptions.
It may
be affirmed
labour, than
or
capital,
It may
are
connected
are
inventions,
which
The
can
generalrule,that inventors make
with
among
that
industrial
with the
the most
and speculaenterprises
tions
developmentand introduction of
sure
to invent is to
readiest way
and
investments
profitable
with
a
constant
keepthinking,
succession
should cultivate habits of observation.
examine
made, and how
The
expenditureof thought,
be made.
the mind
open,
less
money
other class of men,
any
also be affirmed
which
new
the
easilyand
quickly,more
more
as
young
thingsabout
improved.
inventor should
you,
and
In order to supply
of
the
subjects,
Keep your eyes
seek to know
how
acquirea knowledge of
the
inventor
and
ears
they are
general
laws and
of
principles
natural
philosophy,
chemistry,and
all the
Bcienceo.
Leisure
might be occupiedwith drawing and with books
of improvements.To avoid waste of time in reproducing
suggestive
old devices,
the inventor should be well postedin regard to inventions
which have alreadybeen patented.For this purpose an attentive
study of mechanical journalswill be J'lmost indispensable.
A leadingpaper makes the following
Of course,
useful remarks :
in order to succeed,a new
invention must be superiorto anything
that has preceded it,and must
be sold at a pricethat will enable
it to be broughtinto generaluse.
People cannot afford to throw
old
ones
are
implements unless the new
enough better to
away
make
at a
Let inventors produce a good article,
up for the loss.
moderate price,and they will be sure
of success."
hours
"
SMALL
In
oflScialreport of
an
Patent
INVENTIONS
Office we
PROFITABLE.
MOST
a
of the Umted
chief examiner
find the
States
patent,if it is worth anything,
A
:"
following
is
worth
and can
properlymanaged
easilybe sold for
from ten to fifty
thousand
dollars.
These remarks
onlyapply to
patents of minor or ordinaryvalue ; they do not include such as
the telegraph,
the planingmachine,and the rubber patents,which
"
when
worth millions each.
are
illustrate my
A
few
cases
of the firstkind will better
meaning:
"
slightimprovement in strawcutters,took a model of his invention throughthe Western States,
and after a tour of eightmonths, returned with fortythousand
dollars in cash, or its equivalent.
to
"
A
"
Another
man
obtained
sixtythousand
sixtythousand
are
grain,and
dollars.
ink,and refused
These
patent for
inventor obtained
thresh and clean
*'
a
A
a
extension of
patentfor
sold it in about
third obtained
thousand
fifty
a
a
a
machine
fifteen months
patent for
and finally
sold
dollars,
a
for
printer's
it for about
dollars.
ordinarycases
of
minor
invention,embracing no
of which hundreds
go out
very considerable inventive powers, and
from the Patent Office every year.
Experience shows that the
patents are those which contain very littlereal
profitable
observer of littlevalue."
and are to a superficial
invention,
most
reneral
0
TO
HOW
'
PATENTS.
OBTAIN
point of great importanceto an inventor,who may b"
lowed
desirous of securinga patent,is to know the steps to be folin the manner
for obtaining
the same
requiredbj law, or
for obtaining
advice from a skilled
to placehimself in a position
both in a
the subjectof patents a specialty
person, who makes
mechanical and legal
pointof view, and who is therefore qualified
to givean opinionon any pointabout v Iiichinformation is sought,
and who may be able to prepare the required
specifications,
drawings,
in a
in connection with the application
and other documents
A
skilfuland correct
filethe
manner,
attend to the business
behalf of
on
and
Office,
at the Patent
same
his client,
until the
patent is
obtained.
To
should be
foregoingqualifications
viz.,thoroughhonestyof purpose
importance,
the
added
in
one
of
equal
attendingto
the
client's interest.
In connection with the
a
few words
We
remarks,we
foregoing
to ourselves.
personal
been engaged for over
now
have
business of
soliciting
patents,and
ten
number
may
be
permitted
years in the important
clients by thousands
our
Great Britain,
the Dominion, United States,
France,and
throughout
other parts of the world.
There is great satisfaction in stating
that we have never
yet lost a client throughany want of skillor of
attention to his interests. The speedwith which we transact our
business at the various Patent
beautiful
in which
manner
prepared,to
are
and
officials,
our
to the
to
the
correct
and
and drawings
specifications
with the government
personal i^quaintance
the various
largenumber
which giveus,
obtaining,
We
is due
Offices,
so
do not wish to draw
to
of patents we
are
speak,the rightof
instrumental in
way.
tors,
with other solicicomparisons
state the mere
but in justice
to ourselves,
simplefact that more
patents are obtained throughour agency than throughthat of all
other Canadian
In many
invidious
solicitors.
instances
bought under our notice,of
or dishonest
applications
havingbeen made throughinexperienced
in which from six to twelve months have elapsed
before thesolicitors,
while in other cases theywere
not obtained
patentswere obtidned,
cases
have been
delaylike this is fatal to the interests of the inyentor. We
tions,
prideourselves on the successful management of our clients*applicain fact,
regardtheir interests as our own, beingsure, that ifthey
and skiU in obtaining
have reason
to be pleasedwith our promptness
in the form of fresh applications,
one
patent,additional business will come
at all. A
either from
make
the
of
name
firm
our
"'
household
a
senior member
of
firm is
our
word"
and mechanical
inventive
wherever
dispatch,
fast doingso.
The
from their friends. We
themselves,or
a
for
wish
to
and
skill,
probity
and
geniusexist,
of
civilen^eer
are
great experience
both in a mechanical and
drawing up the applications,
men,
legalpointof view ; the drawingsare preparedby skilleddraughtsunder his immediate supervision.
Our clients may rest assured,
that the work will be cf rrectly
and well p^^ormed.
therefore,
We
in almost dailycommunication
turers
with the lea^ng manufacare
lent
in the Dominion,many of whom
and have excelare our
clients,
of bringing
inventions under their notice,
after the
opportunities
and do so, if requested
by the patentee.
patentshave been obtained,
In this manner
good sales of patent rightshave been made
many
Our officesare, in fact,the head quarthroughour instrumentality.
ters
in Canada for obtaining
and givinginformation on all subjects
and should
to the mechanical
arts and manufactures,
appertaining
be visited by all inventors,
whether desirous of obtaining
patentsor
A cordial invitation is tendered,and a courteous
not.
reception
inventors
to
whether
not.
or
given visitors,
We
clients for whom
givea listof a few of our principal
patents
have been obtained in Canada
and in Foreign countries,
to whom
for information as to the
we
beg to refer those requiring
services,
in
in which their business has been transacted.
manner
solici-^
REMARKS
GENERAL
ON
THE
DOMINION
PATENT
LAW.
more
of
aU
With
the
of
Canada,
as
for
application
the
came
will now
foregoingremarks, we
information with reference to the
will enable
a
a
person
on
patent law of the Dominion
to determine
if he
and if so,
patent,under its provisions,
steps he should take in order
in force
new
proceedto givesuch
the 1st of
to
secure
the
July,1869, and
same.
can
make
to indicate
This law
abrogatedthe
local
8
Provincial laws which,previously
to that time,had been in force in
the differentProvinces
"
patentsgrantedunder those late laws,will,
however,stillcontinue in force in the Provinces
granted,for the unexpiredperiods
theyhave to
that under
seen
extended
Durmg
publish
a
"
of the Patent bill throughParliament
to obtain
made
a
liberallaw than the
more
demanding residence
not
be
one
strong
we
now
assimilate with those of other civilized
law which would
in
countries,
patentsmay
entire Dominion.
the passage
effortswere
theywere
It will also be
run.
certain conditions those local
the
over
for which
as
a
necessary
preliminary
to the
for a patent,and also in extendingthe rightof a
application
This last condition
of nationality.
patent to all inventors,
irrespective
carried,but the firstfailed.
was
before
immediately
Prior residence of
one
year,
but
being required,
making
application,
of the inventor or applicant
without reference to nationality
; the
Government
holdingout a promisethat priorresidence would also
be dispensed
with,on the passage of the Reciprocity
Treaty with
the United
States,then in contemplation.We have since that
time made earnest efforts,
to Parliament,for
petitions
by circulating
the entire Dominion, praying that this clause
signature,over
might be struck off the statute book, without success
; but it is
will
hoped that the time will soon arrive when our
legislators
become
this relict of the dark
enlightenedto remove
sufficiently
ages from
our
patent law.
BRIEF
The
SYNOPSIS
OF
brief synopsisof
following
Dominion
where
the
is
given,and
the
the act is published
at
Sbo. 6.
PATENT
the
LAW.
existing
patent
reader is referred to the
appendix,
for additional information.
length,
Any inventor who has resided one year in the Dominion,
immediately
priorto his application,
may obtain a patent.
Sec. 7. The
be made
must
within six
application
date of his foreign
patent,supposingone
Sbo. 8.
law of the
of
Representative
Seo. 9. Patents
inventor may
obtain
a
months
has
of the
been
tained.
ob-
patent.
on existing
grantedfor improvements
machines,"c"
in force in
in
ite
laws,will,
ch
they were
Sec. 11. Oath
be
Bnts may
affirmation
or
Sec. 12. Applicantto elect
strong
now
we
3 one
ther civilized
preliminary
\f
rightof
the
of
Sec. 14.
Sec. 16.
a
iislast condi-
but
required,
would
'
also
re
that
each, renewable
ss ;
but
Sec. 19. In
,
Sec. 21.
Sec. 22.
Sec.
le
Dominion,
tain
and
examined
of
periods
five years
certified
by
of
Minister
delivery.
the
commissioner
may
cause
new
a
issued.
conditions,
under
may make disclaimer,
and balance of claim hold good.
certain
Government
patentedinvention
of Canada
may
use
any
by making reasonable compensation.
Patents to be assignable
in whole or in part,and assignments
to be registered
at Patent Office.
Gives penaltyfor infringement
of patent.
Gives mode
Sec. 25.
Court may discriminate in certain
Defence in such cases.
of
action to be followed in
for
prosecution
infringement.
Sec. 27. Patent
to be void in certain cases,
to be
conditioned
patent.
thingpatented,within
lonths of the
has been
granted
certain conditions.
on
error
to be
Sec. 28. Patents
a
patentand powers
Sec. 24.
Sec. 26.
rmation.
he
23.
the
appendix,
be
of
case
patent
t of the dark
law of
of the
Patentee
Sec. 2C
it is
eislators will
to
Justice before
arliament,for
t this clause
the contents
duration of patent,in three
Sec. 18. Patent
Treaty with
since
domicile in Canada.
a
thereby.
Sec. 17. Gives
the
pplicant;
e
by
of
Sec. 16. Describes
year,
one
made
be
must
in duplicate,
to be
petition,
specifications
of the
clearlydescribingthe character and operation
invention or discovery.
with references.
Drawings to be furnished in duplicate
Good neat working model of invention,or samples of
if a discovery,
requiredby the Patent Office.
ingredients,
Sec" 13. Nature
iment
invention
to
as
applicants.
will also be
t
by jointinventors, and
to be made
applications
patentsissue accordingly.
Sec. 10. Joint
patent
ob-
to
become
the
importing
after the
nt.
Sec. 29. Gives
";c"
lachines,
Sbo.
80.
on
cases.
or
onlyvalid
manufacture
for
part.
in Canada
of
three years of its date,otherwise
void ; also,in the event of
null and
article patentedfrom
any
of eighteen
months
expiration
foreigncountry,
from its date.
for impeachmentof patent.
proceedings
Certificateof judgmentvoiding
patent,to be entered.
10
Seo. 81.
Judgment
Seo. 82.
ExistingProvincial patents to
extended
to be
for
records
of
handing over
patent offices to the commissioner.
Seo. 34 to 37. With reference to fees,how and
Seo. 38. In
to
Provincial
of
to be
to whom
paid.
for various causes, the commission^
rejection,
ment
have the power of returning6ne half of the Governfee.
In case
of withdrawal,fresh application
to revive
placein
taken
the
claim,as if
had
proceedings
no
the matter.
Intending applicantmay
file
a
caveat, but
make
must
for patent within four years, unless
application
when
called on ta do so by conflicting
application,
be filedwithin three months
must
Seo. 40.
be
of
case
necessary
Seo. 39.
force,and
in
remain
Dominion, on certain bonditions.
over
Sec. 83. Provides
subjectto appeal.
Gives
why
causes
commissioner
cation
appli-
of date of notice.
refuse to
may
sooner
grant
a
patent.
Sec. 41. Commissioner
Sec. 42.
and state
notifyapplicantof rejection
therefor,and allow applicantto answer
ground or reason
of commissioner.
or
explainthe objections
In event
of commissioner
still refusingto grant the
in Council,
patent, applicantmay appeal to Governor
to
within six months.
Sec. 43. In
Sec. 44.
of
cases
skilled persons
to decide
All documents
in Patent
of the
Sec. 45.
Clerical
Sec. 46.
Lost
Sec
Use
Sec. 48.
Patent
not to
errors
under
invalidate
of
authority
patentedinventions
not
to
three
patent shall issue.
be
Office to
destroyedpatent may
or
of
to whom
puMic, except caveats, under
corrected
47.
arbitration by
ir"tei.fering
applications,
to
open
certain
inspection
regulations.
documents,and
may
be
the commissioner.
be
replaced.
allowed
in
foreignships.
afiect previouspurchaserof invention,
and
patent to be valid if purchase,construction,
use, "c., had
not
existed
more
than
year
before
stamped
with
one
for
application
patent.
Seo. 49. Patented
under
articles to
penaltyof
fine
be
or
date
imprisonment.
of
patent
11
Sbo. 50. Froyides
roe, and
be
article as
Sbc. 51. Provides
IS.
Provincial
n
to be
for
punishmentof partieswho may stamp an
when such is not the case.
patented,
for punishmentof offenders for making false
entry or copy.
Sec. 52. All old acts inconsistent with
paid,
Sec. 53. Gives
commissioner
Sec. 54. Act
The
of act""
name
to
presentact repealed.
Patent Act of 1869."
and take effect 1st
commence
July,1869.
the Govem-
application
had
leedings
HOW
TO
PROCEED
TO
PATENT.
A
OBTAIN
read the foregoing,
as well as the pahaving carefully
tent
with
in
decide
law
on
proceeding
given
your
appendix,
you
must make
for a patent,we will be happy to ac* as your solicitors
application
nless sooner
in the preparation
the patent*
of the application
and
obtaining
when applithe
Search.
^Before goingto the expense of a formal application,
ite of notice.
in
made
search
if
he
think
have
a
intending
applicant
can,
proper,
to grant a
the Patent Office,
to ascertain if there is any patent already
granted
which would conflict with his application,
either in whole or in part*
and state
n
If in whole,it would be useless to incur the cost of an application
nt to answer
^ifonly in part,the claim could be so adjusted
as to steer clear
ot the part anticipated.
is
If however, there
nothingfound ta
0
grant the
be made
with considerable
interfere with the application,
it can
in Council,
chance of success, the only thingto fear being pendingor rejected
for a similar invention,
the existence of a foreign
or
applications
on
by three
or that the commissioner
patent,or a caveat in the secret archives,
1 issue,
for a patent.
may not deem it a fit subject
o inspection
To enable the search to be made, send us a sketch and description
regulations,
of th"* invention,
be
novel
consider
to
what
o
ut
or
pointing
you
If after
"
I
"
and
may
be
;r.
new,
also
a
drawingsand
fee of $10.
reportgiven.
ships,
and
rention,
le, "c., had
)licationfor
of
patent
A
careful
examination
in the Patent
specifications,
Preparation
of
the
models,
will be made
Office,
and
a
.
.
of
Application.
and
favourable,
"
Assumingthat the reporthas been
on
proceeding,to enable us to
papers, a small working model of
that you decide
prepare the various drawingsand
the mvention is required. This model
"
should not be
over
twelve
inches in any one dimension,
and may be made of metal,or wood^
it should be neatlyand strongly
constructed
or of both combined
;
"
and varnished.
If any of the novel features
are
located
internally^
12
"
4Uid hidden from
view,it must
taken apart to show them.
When
"
of
to show such portions
-^d,
\.ith the
the
as
to be
original
machine, in combination
will enable the junctionand working of
as
improvement,
"both to be
When
capableof being
is for an improvement
application
made
so
in the model submitexistmg machine,it will suffice,
some
on
"'
be
the
seen.
clearly
the invention
is
discovery
or
a
of matter, samples
composition
of the
sufficientin
compound,and samplesof the ingredients,
for an
and must be contained in
are
quantity
experiment,
required,
glassbottles,
properlylabelled.
The
model
or
*
samples,after having been carefully
packed
boxes, should be forwarded
any other reliable manner,
post of the date and
to
address,either by express,
our
prepaid, at
"
the
Send
of transmission.
manner
time
same
be
may
When
acquainted,and
the nature
may
its
also
of the
also be illustrated
case
the
advantagesover
admits of
description
by
a
full written
of
with which
same.
various
by rough sketches,showing the
reference
letters
or
action,
tion
drawings,this descrip-
the
to and connecting
referring
parts of the invention,
written
in
us by
notifying
each part and its mode
description,
clearly
explaining
showingwherein it differs from any analogousinventions
you
or
in
same
figures:thus
with the
a
is the
engine; 6, the pistonhead ; c, the packing; (/,the
steam chest,etc, etc,marking each distinctpart in the sketch with its
with the reference letter in the
appropriateletter,corresponding
cylinderof
written
After
the
description.
having described
of the various
claimed
as
the
mode
peculiar
or
modes
of
action
the parts
parts of the invention,you will then identify
new,
either
or
separately
in combination.
If the
fication
speci-
the original
invention
improvementor improvements,
and the claim confined to the improvement or
should be disclaimed,
(both christian
improvementsas the case may be. Give your names
and
or occupation,
placeof residence,
surname) in full,profession
is for
an
and province; give the
city,town, or village,county or district,
of placeswhere you have resided duringthe past year, and
names
%e
place which you
name
and
distinctly,
invention, a
"
H^The
elect
as
also
short business
residence in future ; write each
your
the
name
name
you
propose
givingto
the
will answer.
firstmstalment of the fees should also be
enclosed,amounting
18
money may be sent either in
the form of a draft on any of the chartered banks,or in the form
firm. If the fees are sent in
of a postofificeorder payableto our
to the
of
sum
dollars. The
twenty-five
bank billsthe letter should be
enregistered.
and
In many cases
the model or samples,
sketches,
descriptions
money
may be boxed up togetherand forwarded to us by express
in which the articlesufl by mail of the manner
notifying
prepaid,
have been forwarded.
On
by
papers and money, a patentbond,executed
that he has placed
stating
firm,is returned to the inventor,
the
our
of the
receipt
the invention in
hands with the view of
our
Royal Letters Patent
bindingourselves to
behalf with all due
for the
same
prepare and
and
diligence
Her Majesty^
8
obtaining
in the Dominion of Canada,.^.nd
his
on
prosecute the application
secrecy, and
to hand
over
the
to the patenteeor to
on
being obtained,
patentimmediately
v'^lsoto obtain letters patentfor the same
his legalrepresentative,
letters
invention in
other
no
instructions to be
countryexcept at the instance of and under
received
from
the
or
inventor,
from
his
legal
representative.
of the papers, drawings,
The preparation
is
"c.,forthe application,
then pushedforward with all possible
speed; and, when completed,
the documents are forwarded to our client,
accompaniedby a letter
and signature.Tlis being
of instructions for his examination
the papers
returned
to us, with
are
accomplished,
.i, draft or
remittance for the balance of the fee,which will usually
amount
to
dollars.
When
and elaborate drawings,
numerous
twenty-five
are
with lengthyspecifications
much
extra
required,involving
but our
work, the final payment will exceed twenty-five
dollars,
to the amount
chargesin all cases will be moderate,in proportion
and made satisfactory
to our
of work performed,
with the
clients,
additionalbusiness.
view of obtaining
of the papers, properly
On the receipt
executed,they will be
immediatelyforwarded to the Patent Officeat Ottawa,and the application
When
with
allconvenient
the
o
n
speed.
pressed
parchmentis
"
it will at
completed,
so
once
ba forwarded
to
our
client.
The
patent
of
a duration of five years ; at the expiration
extension of five years may be obtained,
by the pay*
obtained will possess
an
this period,
ment of
a
fee of
twentydollars to Government
; and at the end of
14
finaladditional prolongation
of five years
by the payment
of a third fee of twenty dollarsto the Government
; making the total
duration of the patentfifteenyears ; the patentbecomingvoid at the
of each period
without the prolongation
fee is paid. Our
expiration
charge for attendingto the extension of patentsfrom periodto
paying fees to Government, "c., will be ten dollars. To
-period,
enable us to transact the business the patentee or his assignee
witii the total fee of thirty
should forward us the patcr.t,
dollars.
be taken to secure
The necessary steps will at once
the prolongation,
ten years,
a
the patent returned
and
or
taken
the
EXTENSION
Patentees
PROVINCIAL
OF
who
assignees,
their
or
of the
either of the Provinces
for the
entire Dominion
of the
This
periodsin
PATENTS.
may
hold patentsgrantedby
to Ist July,1869,
Dominion,prior
may,
the conditions in Section
under
party interested.
priorto the termination
patentwill lapse.
action should be
"each case,
the
to
32, have
them
of
unexpiredportion
extended
the
the
over
periodfor which
granted.
originally
they were
send us
advantageof this privilege,
your original
the
the
to
at
surrender
for
time remit the
Government,
same
patent
diately
Immegovernment fee of 120, for the next period of five years.
In order to take
receiptof
on
same
will prepare
we
the
application,
new
and drawingsin duplicate,
also petition
to the
specifications
eommissioner, and forward the documents for client's signature.
with
This
being done
the papers
be $30
fee,which will usually
our
; the
to
with the amount
us
of
isthen filed and
application
patents of re-issue obtained with the least possible
delay,
and,
the
with
together
the
patenttemporarily
original
returned
surrendered,
the client.*
to
This
provisionof
inventors
under
"
who,
precluded from
'Which
they
Maritime
Provinces
above
new
returned
are
patent law
obtaining patents
Provinces,who
of Ontario
law, and
new
will
the old Provincial
and
were
untU
of
in any
now
be
found
of the
laws
residing; this appliesmore
were
very
favourable
different
the Provinces
to
especially
the
to
except the
may
now
be covered
in
one
patentees of
precluded from obtainingpatents in
Quebec, but which
any
Provinces,were
the
the
in the manner
doubt advantage will be taken of this liberal provision of the
patentees or their assigniees,
residingin New
Brunswick,Nova
indicated.
No
IScotia,
etc.,etc., at
Provinces
tha
of Oatario
once
and
take
steps for securingthtir interests in the wealthy
Quebec,or
vice
vtrttk.
16
*
Patents
Unexpired
fourteen years may
Patents
ismed
Provincial
act%,for
of
periods
years additional.
the old laws,or priorto the coming into
be extended
issued under
the Dominion
of
operation
under
Law
seven
of
1869, were grantedfor the term
of fourteen years, with the rightof extension for seven
years
additionalunder certain conditions. Those rights
stillexisf^^,
either
to the original
or
pat^tees, or to their legalassignees
tives.
representaMany valuable inventions are now falling
in,or the patents
of the fourteen years, which by pi^mpt.
lapsingat the expiration
of the
action,if taken at least six months before the expiration
"
fourteen years, could be extended for an additional seven
We give cases of this description
best attention,
and
our
years.
such
on
may be mutuallyagreedon. Our chargeswill,however,be
moderate and in proportion
to the labour involved.
terms
as
AND
INTERFERENCE
INFRINGEMENT.
called on by the Patent Office,
or
frequently
by the
to act either as arbitrators,
or
opposingparties,
umpires,in cases
under Section 43, Patent Law^ and giveour best
of interference,
settlement of the disputes.In
attention and skillto the equitable
of infringement
the entire submatters
ject,
we
carefully
investigate
and instruct counsel with reference to the proceedings
to be
had in each case.
Legalgentlemen,as a rule,know but littleof
and are
therefore not well qualified
mechanical subjects
or details,
We
are
to understand
and
or
decide
in
cases
skilled engine^" combined
of this nature
;
a
patent solicitor
person, is better fitted to
practiceof patent law in cases of
in
one
and
principles
interested to
and should be called on by the parties
infringement,
it to the legaltribunals. We
work up the case before submitting
to understand
thoroughlythe modus operandi^and can be
profess
either to givean opinion,
to prosecutethe case
or
our
regained,
fees,as usual,will be found moderate,but can be made the subject
deal with the
"
of
arraagment.
special
REJECTION
In
case
extend one,
OF
of the commissioner
we
examine the
AN
APPLICATION.
refusingto grant
groundsupon
a
patent or
to
which the finalrefusalis
16
if wet
based,and
hink
advise
reversed,we
reversal,and
refund
to
a
charge is
xtra
whatever,
not
in
be
can
Council,"in
portion of
no
of
case
fee is
our
has the
fee,if he deem
government
In
made.
commissioner
clients ; but the
our
half of the
one
it
that
Governor
"
If we succeed in obtaining
42, Patent Law.
patent through this appeal,an extra fee is
thise
charged; if we fail,
from any cause
a
rejection,
returned
the
appealto
an
unjust,and
with Section
accordance
a
his decision
to
power
it proper to do
so.
CAVEATS.
It will be
that under
seen
filecaveatSf and many,
of
provision
the
patent law, inventors may
new
"
of this wise
doubt, will take adv^antage
no
inventors
especially
the statute, more
Tvho
not
may
stipulated
year in the Dominion, and consequently
for patents. An
at the time, as applicants
inventor
eligible
have resided the
not
should filea caveat, both with the view
under such circumstances
and
his interest,
protecting
his invention.
this manner,
send
a
as
your
we
enable
us
full written
mechanical
meaning, with
"c, and
give him
will at
once
of
opportunity
secure
your
fecting
per-
invention in
in so
invention,
if the
accompanied by sketches,
character,to illustratemore
in
names
to
an
of the
description
proceeded,and
you have
invention is of a
far
To
also to
of
full,occupation,
placeof
the caveat
prepare
clearly
residence,
papers and
forward
to our
them to you for signature,to be then returned
in
office,
filed
be
in
the
of
the
Patent
archives
to
secret
order
Office.
the Government
and
charge for a caveat, including
solicitor'sfees,will range from $20 to $30 ; at least ten dollars
with the first instructions,
should be forwarded
to us
and the
total
The
balance
when
the
papers
requiredfor caveats,
should be drawn
but
are
returned
for
filing.No
models
the papers, in order to be of
any
are
service,
up with great care.
ASSIGNMENTS
OF
TRADE
MARKS,
LETTERS
PATENT,
INDUSTRIAL
CAVEATS,
DESIGNS,
"c.
*
Assignmentsfor
whole
or
partial
licenses,
rights,
"c., "c.,are
drawn up in the most careful and
for the sum
at the Patent Office,
approvedmanner,
of six dollars.
should
assignment
papers prepared,
send
us
the
andenregistered
requiring
Parties
names
in full of
\"
18
merchants
Many
in not
character
to imitate
and
manufacturers
their
protecting
with
wares
a
and
both
money
suitable trade
mark,
counterfeit which
or
Thus,
heavy penalties.
making an article,which
"
to
subjectsthe party so offending
merchant
manufacturer
or
sellingor
a
has obtained
will protect himself
this
Without
lose
high character
by placing his
seal for
sign or
a
trade
mark
imitators
identification,
for excellence,
upon
throw
it.
an
cheaper aiticle on the market, and in this manner
both undersell and bring reproachon the genuine manufacturer.
This is obviated by the use. of a trade mark, and
no
person
inferior and
should be without thij necessary protection.
trade mark may consist of any vignette,
A
mark, name, brand,
label,package,or other business device,as fullyset forth in the
engaged in
act.
Vide
business
appendix.
In order to
of the
cription
legalrightto its use, furnish us with a desword, mark, vignette,"c., "c.,you have decided on
a
secure
"of goods,
your trade mark, as well as the description
in full,
occifpation
"c.,you intend applyingit to ; giveyour names
If your
place of residence,with one-half of the fee, or $10.
adoptingas
business is carried
on
under
a
with names
the company,
of the
the fiirm,statingthe name
of
designation
is to
application
We
for his
After
be
made, for and
will thereuponprepare the
in full of members
partner in whose
behalf
on
firm, give the usual
sing
componame
the
of the firm.
duplicate
papers
and forward them
of fee,$10.
to be then returned with the balance
signature,
at the Patent
Office,one of the copies
being enregistered
duly certifiedis returned
law
The
relatingto
to the
the
appendix,and
is demanded.
explanation
found in the
To
or
company
enable
Office,send
us
a
to
prepare
sketch of the
of its character,with
names
party interested.
of designs will also
registration
is
the
so
full and
completethat
be
but little
lodgingat the Patent
designaccompaniedby full description
in full,
and $15.
residence,
occupation
case
for
ture
papers are then made out and forwarded to you for signadue, and should be sent us on
; the balance of fee,$15, is now
After being registered,
the return of the papers.
one
copy of
and design,
is forwarded to you.
duly certified,
specification
The
19
FOREIGN
COUNTRIES.
facilitiesfor obtainingletters patent in Great
Our
Britaia,
States,France, Belgium,Russia,and other Foreigncountries,
Unittd
Our
unrivalled.
business
partners are found in the
of every countrywhere patentsare granted,and are firstcapitals
We have no connection v ithmen
reliable men.
who are not
class,
are
and skilful. Inventors nay consequently
trustworthy
thoroughly
trust their interests in our hands, and should givoorders for
safely
after makingapplication
in Canada as
their ForeignPatents as soon
tents
Papossible.In Great Britain and in other European countries,
to those who firstintroduce
inventions,
are
grantedfor foreign
of the original
them into those countries,
inventrr. For
irrespective
and valuable inventions have been lost
this reason
important
many
from the delay in making his application
to the discoverer,
; and
the business in the hands of irresponsible
from placing
frequently
themselves
Patent agents,"
styling
or dishonest parties
many of
whom
seekingwhat they may
may be styled Patent sharks,"
Avoid all such, and employ none
but res}seize and appropriate.
well-known,skilfulsolicitors,
thoroughly
postedup in the
ponsible,
to uphold.
and who have a name
business,
business is yearlyincreasing,
and we
Our foreign
recommend
if they do so, to give
inventors to giveus a trial,
promising,
every
if so instructed,
undertake the sale of Foreign
satisfaction. We also,
"
"
patent"'^n
a
reasonable commission.
in any of the Europeancounas a rule,
required,
tries,
but the drawingsand specifications
to be made
with
require
the utmost care in order to complywith their legalrequirements,
which are very strict. Many valuable patentshave been lost to
the inventors by minor errors
having been made in some of the
revised by first-classlegalmen
Our papers are
documents.
of
each foreign
country, before being depositedin the respective
in stating
Patent oflfices
pleasure
; and we have peculiar
that,
up to
has been detected in any of the
not a single
the presenttime,
error
have fyled.
numerous
we
applications
letters patentin some
The average cost of obtaining
of the leading
is made,
Europeancountries is given,providedno opposition
to the granting
to be the inventors,
of the same.
claiming
by parties
Models
are
not
20
such
When
the
and have succeeded,
point,
clients successfully
through.
contest
we
occur,
instances,in carryingour
in many
such
Where
these
cases
instances
occur
chargesare
our
very
in Great Britain,where
principally
occur
has to be advertised
in the London
Gazette,for
moderate, and
each
the
application
ing
purpose of givexaminingand
of
opposingparties,if any, an opportunity
the appUcationin questioninterferes with
whether
ascertaining
If the application
grantedto them.
patentspreviously
pass this
ordeal,the Royal Letters Patent are granted shortlyafter. In
the application
through the various stages,up to this point,
passing
and defended
is watched
behalf of
client.
our
In
and legalsolicitors,
by skilled engineers
on
of instances no opposition
a largemajority
and the patent issues at the cost
is offered,
given.
synopsisof the patent laws of any foreign
country,with cost
letters patent,will be forwarded to persons requiring
obtaining
A
of
the
The
information
receiptotjivedollars
givenin
of the law at
nature
both
the
on
same
the
on
every
for each
country so indicated.
will convey
case
clear idea of the
a
and the obligations
entailed
present existing,
Government
issuingthe
letters
patent,and
on
the
patentee.'
GREAT
BRITAIN.
is encountered.)
(Average cost supposingno opposition
1st 3 years $313, if one skin of parchmentis required.
2nd 4
"
to letters
$250, stamp attached
patent at
end
of
third year.
1500, stamp attached
"
3rd 7
seventh
Total,14
"
year.
patent at end of
.
$1063
priorsearch throughthe
dollars more.
thirty
"
letters
to
A
Patent
if required,
will cost
Office,
either in whole or in
patents are assignable,
terms, may
part ; and the fees to Government, for the succeeding
be paidby the assignees.
Britain are usually
for patentsin Great
Foreign applications
The patents
from abroad."
made in the form of *' Communications
In Great
issue to
our
Britain
agent in
trust for the
and
applicants,
are
transferred to
21
the
respective
parties
by deeds
abslgnment.This
of
the transmission of documents
considerable expense
shipwreckor otherwise.
cause
various stepswhich
The
obtain
a
British
and
as
de\B.y,
well
vents
pre-
forth,which would
risk of loss by
as
necessary to be taken, in order to
stated as follows:
be briefly
are
patent,may
THE
When
back and
course
"
TITLE.
applyfor letters patent,the
be givento the
invention in the petition.
There is often a good deal of difficulty
in selecting
lost
and inventors have not unfrequently
a proper title,
inventor has resolved to
an
firstthingto be considered is the titlewhich must
the benefit of their patentsin consequence of an error on this point.
The titlemust
the nature of
and specifically
pointout distinctly
the invention ; it must
make
c
""
it too
narrow
"
and it is desirable not to
general,
faults which a professional
person is more
those not accustomed
of
to the preparation
not be too
to avoid than
likely
patentdocuments.
The titlehavingbeoa framed,and the petition
it must
prepared,
be lodgedat the officeof the Commissioners of Patents,alongwith
made before some
and a
a declaration,
competentauthority,
PROVISIONAL
This document
whole nature
SPECIFICATION.
to state
is required
of the
so
invention,
as
and intelligibly
the
distinctly
to show
it consists,
and
in what
which it is carried into effisct. It is not necessary?
however, to go into minute details.
the
means
by
PROVISIONAL
then referred to
are
specification
provisional
dissatisfied
with
for his approval. If
the law officer,
them, he may
If he approve of them, he issues his
requirethem to be amended.
and this beingfiled in the commissioners'
certificateto that effect,
the invention becomes provisionally
protected that is to say,
office,
of
the application
it may
the
date
at
for six months,commencing
would advise an
be used and publishedby the inventor. We
The
^
"'*
PROTECTION.
title and the
"
"
inventor to be cautious how he makes
time for
the granthas
opposing
gone
his invention
by.
publicuntil the
22
The
of compelling
an
object
is
with his petition,
lodgea provisional
cificatio
spethe introduction
to provideagainst
into the final specification
of any matter
not contemplated
by him
at the time of his application.
Improvementsin mere details may
be inserted in the final specification
with perfectpropriety
; but
of
such improvements
matter
must
requirethe use of the original
invention set forth in the provisional
Although the
specification.
latter is onlya temporarydocument, greatcare should be bestowed
its preparation.
on
In placeof lodging
inventor may,
an
a provisional
specification,
if he chooses,lodgea complete
alongwith his petition.
specification
ments
In such a case, his invention is protected
from the day the docutage
are
depositedat the commissioners' office. The disadvanof
of this proceeding
is,that he has no further opportunity
his invention in its details. The trials and experiments
perfecting
inventor to
openlymake for six months after obtaining
provisional
generallysuggest a varietyof improvements,
protection
which
inventor may
an
which may
in the final specification
; but, when
be embodied
i
plete
com-
is lodged at starting,
he is debarred from the
specification
benefit of further improvement. which,if very important,
must form
,
the
of another
subject
as
applicant,
.,
NOTICE
THE
An
patent.
soon
as
TO
PROCEED.
he thinks
'
after obtaining
fit,
protection
give notice of his
sioners
application
; whereupon the commis-
in either of the above-mentioned
intention to
modes, may
proceedwith his
the application
will cause
to
Gazette,with the view
of
be
advertised in the London
givingpersons who
have
an
opposing
of objectingto it. This notice of the
opportunity
intention to proceedmust be given at least eightweeks
appUcant's
before the expiration
of the provisional
protection.
In case
of opposition,
is referred to one of the law
the matter
interest the
officersof the
Crown, whose
unless it is overruled
by
decision
the Lord
guides the commissioners,
Chancellor.
to the issue of a patentcannot
be delivered
Objections
of twenty-onedays from the appearance of the
expiration
J oceed
in the
should advance
'
after the
notice to
Q-azette. It is very desirable that the applicant
to that stage of the proceedas quickly
as possible
28
ingswhere
objection
; and he willdo well to place
himself in the position
the law officer^s
of being able to demand
warrant, whenever he pleases.
he is safe from
THE
for the
Application
be made
SEAL.
GREAT
law officer'swarrant and for the
patentmust
of prodays before the expiration
visional
of a
of
the
the
or
deposit
protection,
protection
by reason
uance
and the patentmust issue duringthe contincompletespecification,
of that protection.
The Lord Chancellor, under special
of the
circumstances,
has, however, power to extend the sealing
at least fourteen clear
patentfor a month.
One
patentnow
embraces
the whole of the United
Kingdom
of
Great Britain and Ireland.
Patents
taken
out
in this
kingdom for
patentedin a foreign
country,become
foreign
patent.
COMPLETE
THE
In
previously
of the
expiration
inventions
void at the
,.,,..
SPECIFICATION.
with
lodgea completespecification
his petition,
he is obliged
to filea specification
the
fullydescribing
it into effect,
and the manner
of carrying
nature of his invention,
case
th'^ applicant
did not
within six months
must
be
given to
comply with the
from the
date of
patent. Very greatcare
it
the 'preparation
of this instrument,to make
the
decisions of the Courts.
The instances of the fatal
innumerable.
effect of unskilfulness in preparingspecifications
are
of the invention,
to the understanding
they
drawingsare required
in duplicate,
and one copy attached to the specimust be prepared
fication,
and the other lodgedat the commissioners' office. Each
is engrossed
on
specification
parchmentbearinga ^5 stamp. All
and the accompanyingdrawingsare printed
by the
specifications
and may be purchasedfor a small sum.
Queen'sprinter,
If
AUSTRIA.
Alimentarypreparations,
beverages,and
medicines
patented.Inventions from abroad must have
in the countrywhere theywere
made.
patented
is allowed to be included in
a
been
cannot
previously
Only one
unless
single
patent,
be
tion
inven-
the several
inventions relate
within
worked
working
the
grantedfor
is $10
tax
increased
not
for
cease
number
total tax
that the
for the
up
to fifteen.
is presented.
petition
the
The
of
expense
'"'--
The
Government
it is
$350.
the
paid at
time
"..':..'":. "'..i^^'-.,...^:-t,^iix/:
patent for five years will average
a
annually
to
amoantq
be
must
Patents
years.
afterwards
for fifteen years
appliedfor
years
it
consecutive
of years
patent must be
becomes
void,and
The
two
for the first five years,
year
tax
subjectmatter.
same
of the grant, otherwise
year
any
so
whole
The
a
must
a
the
to
''"''''''^''
-;'""-"'"'"-"
BAVARIA.
about
'"
'""'""
.
Patents
is
There
examination
an
be
must
not
suspended for
be
two
the
refused.
grant, and
The
years.
$160.
will average
five years
of
noveltyand .utility
from
year
cost
at
the
same
begins with
increases
year
200
year,
one
patent for
;
Belgium for twenty years,
in the
but
payment
10
of
the rate
francs
payable.
are
abroad, or by
The
year.
year'stax paid
In
a
the
case
tax
is not
it is also rendered
within
a
cessation
expense
average
first year,
and
francs,so that in the twentieth
void ; and
the invention
for the
francs
of 10
annuallyat
being worked
of
a
working
the
work
failure to
the
patent
time
patent becomes
the
The
previouslypatented elsewhere,they will expire
the originalpatent. The
tax
as
government
of inventions
case
in
obtainable
are
of
tion
the inven-
s
..,_.'y^y--i'^,ii-'K:.^'-"".'
-
,v
BELGIUM.'
Patents
fifteen years.
to
one
patent;is seldom
a
a
from
term
any
into the
within
worked
must
for
patented,but
be
to
granted
are
of
year
from
the
paid
in
void
date
one
by
of
a
its
of the
working for the space
obtaininga patent with first
is $108.
DENMARK.
No
three
Patent
to
laws
exist in
twenty years
recommendation
are
Denmark,
but
from
specialprivileges
sometimes
of the Board
of
granted by the Crown on the
Customs, accordingto established
rules.
Patents
of invention
grantedfor less
than
must
be
worked
within three years,
six years, within the firsthalf of the term
and
if
; and
""'
ITALY.
^"'"'"'""'V-,^:;"::
""':;-""" -"^-'-----M;^'^.
"
Patents
for
of invention
industrial
new
any
mechanical
granted to inventors,native
are
product
result,instrument,machine,
or
arrangement, process,
motor
industrial
or
of
application
of industrial
method
or
of
application
known
scientific principle
to the
a
foreign,
or
forces
tion,
productechnical
or
productionof
direct and
industrial results.
No
and
drinks
Medicines,
Patents
the
applicant; but
expireswith
providing
demanded
The
for
it be
term
a
Government
to, and
and
addition
for
The
entire
invention
an
to these
there
than
fifteen
fifteen years
divided
of
and
proportional
tax
are
into
be
may
Patents
prolonged.
fixed tax
a
of years
Italian
first annual
demanded,
in
tions
applica-
of reduction.
or
including
$200.
(includingcommission) is for
the
|17
year
per
year.
22
"
Third
"
27
"
Fourth
"
32
"
Last
"
37
"
Tax
:
on
for
application
term
an
extension
of the
and
advance, on
patent of six years,
tax, is about
.
proportionate
small taxes, payable upon
first three years
Second
already
years.
for certificates of addition
an
at the
foreignpatent,having the largest
for the number
advance
or
prolongation,
annual
are
to fifteen years
one
patent for
more
less than
ordinarycost
The
the
patented.
patentable.
not
increasingtax, payable
triennially
each year of the patent'sterm.
the first day of
In
a
not
taxes
payable in
annual
of from
terms
relating
to their fitness to be
as
are
merely theoretic,
granted for
patented abroad
term,
examined
are
inventions
or
are
option of
an
^
previousexamination,as regardsnovelty.Inventions
to food
or
original
15
(with commission)
"
'"
PORTUGAL.
Patents of invention
or
or
of introduction
are
without previous examinations
foreigners,
or
priority
Patents
merit
granted
or
to
natives
guarantee of the
of the invention.
of invention
are
granted for
no
term, at the optionof the applicant,
fifteen years,
or
for
a
less
subsequent prolongation
being granted. To inventors alreadyhaving foreignpatents no
longerterm will be granted than will make up fifteen years, from
the date of the
foreignpatent; and the importerof an invention
(not beinghimself the inventor)cannot obtain a patentfor more
than five years.
Tax
Government
'
tax
"
demanded
A
for
a
in
advance,
patent.
The
$180
for five years
330
""
"*
ten
"*
*^
"'
fifteen years
years
commences
patentee'sprivilege
be
must
of years
number
for the
f*
patent. If the invention
-.
"
'.
Portuguesepatentwill cost
''
'
'
is
a
from
chemical
490
deliveryof
the
process,
a
bond
the
of $1250
of the patent,
'expiration
he will exhibit the
three times in public. The patent
process
becomes void if the invention be not practiced
within the first half of
the term
granted,and patentees are requiredto publicly
expose
their manufacture
in operation,
twice a month, three days previous
notice havingbeen givenin the ojQScialjournal.
given by the patentee,that
at the
PRUSSIA.
The
Government
does
and they are
inventions,
often that
not
seldom
patents for imported
countenance
granted,and
granted,it is not
if
tious
longerterm than five years is obtained. Certain vexaconditions are frequently
imposed,and on the whole we cannot
recommend
the application
for a patent in this State,except under
The expense
of a patent,for five years, is
specialcu-cumstances.
fees
about $135, and, if not granted,no portion
of the Government
a
is returned.
one
year
If the
of date.
rightswithin
patent is granted,it
Proprietorsare
six months
must
be worked
requiredto
within
exercise their
of date of issue.
'
..,:.;
^;
.^""^
,;"
Foreign inventions
six
of
A
or
ten years,
".".""..
.;':''';.
/":,";-":-.
RUSSIA.
for one, two, three,four,five,
patentable
The total cost
optionof the Government.
are
at the
six years patent is about $400, and for ten years about $600.
patent for an imported invention will not be valid after the
a
of
expiration
within
one
the
original
patent.
quarterof
The
invention
the space of time for which
must
be worked
the
patent was
cant
for,the applirarelyapplied
granted. Patents of importation
are
being
actingunder
considered
his directions.
be
can
the
as
inventor,or
patentsof invention
Neither
extended, but if granted for
time
shorter
a
by the Government.
,.
"
1
,
.
-.''",.""'.."-.
"-,..'..t,'
',.'_.'."
"
than
periodsis
"
"
as
tation
impor-
or
difference of the tax for the two
appliedfor, nearlythe
surrendered
authorities
the
by
SARDINIA.
*^;
procurablefor fifteen years, but in the case of
importedinventions,
they expirewith the originalpatents only a
singleinvention can be included in one patent medicines and
purelytheoretical inventions cannot be patented. Where the patent
Patents
are
"
"
ia for five
years
less,the invention
or
within the firstyear, and
of
one
If the
year.
must
not
patent is for
than
operation
into
put
for the space
to be worked
cease
more
be
must
it must
five years, then
be worked
for a
within two years, and must not cease
to be worked
similar lengthof time.
tax payable
In addition to the Government
when
the
patent is appliedfor,there is
increasingfrom
francs for each
30
obtaininga patent
Patents
ten
on
beyond
a
annual
ment,
pay-
are
be worked
must
periodcan
within
the
name
the
inventor,and
of
native
a
patents
one
be extended
can
from
year
person
naturalized
afterwards
only be
refused.
The
the date of its grant ;
total expense
of
secured
in
Saxony, in trust
by a citizen of
for
by petition.The
The
or
seldom
are
is $160.
patent for five years
German
the twelfth.
granted for five years, which may be extended to
of the
into the subject
petition. There is an examination
this
but
paid,
f 130.
patent prior to its grant, and
patent
be
to
years, to 110
The total cost of
for fifteen years, exclusive of the
to about
amounts
tax
of the first three
francs for each
of the years
annual
an
patent must
in
held
be
the
Confederation.
SPAIN.
Patents for
The
importedinventions
patentmust
be limited to
patentin Spainis from $170
to
one
are
granted for five or
invention.
The
1800, accordingto the
ten
years.
total cost of
term
a
granted.
29
The invention must
from the grant,otherwise the
patentwillbecome
effectwill follow ifthere be
cessation of the
for
year and
void,and the
be carried into effectwithin
a
a
workingof the
similarlengthof time.
a
SWEDEN
'
AND
a
day
same
tion
inven-
'^
"
:
,"
NORWAY.
Separatepatents are granted for each kingdom. Imported
inventions are patentable
for three years, but this term may be
extended to fifteenyears, if it can be shown that theyrequire
complicated
attended
with
considerable
machinery,or are
expense.
The invention must be carried into operation
within two years from
the
grant. The
each country.
expense
workingof
Proof of the
Chamber
which
of
a
patentamounts
the invention must
to about
$160
be furnished to the
of Commerce
within two years of the date of the
be reduced by the commissioners to one
periodmay
for
patent,
year,
extended to four years.
and is sometimes
of the law of 1839, in Norway, concerning
provision
handicraft's occupation,"
patentsare grantedfor a term not
exceedingten years. The expense of these patents(which are
now
rarelysecured)is as before stated.
By
a
**
COLONIES"
BRITISH
Patents
are
regulated
by
under which
3d to
f the
The
ant;
se
of
are
March, 1857, the proceedings
British patents.
obtaining
term of a foreign
patentfor
the law of
very like those for
years, or the
The cost of a Victoria
The duration is fourteen
the
invention.
same
AUSTRALIA:
patentfor firstterm,
A
Government
to 1300.
will vary from $200
third
the
of
the
expiration
payablebefore
year ; and
tax
a
of $75 is
furtherta^ of
of the seventh year..
$100, before the expiration
3d in
'
t for
the
jars.
)f
a
Lted.
INDIA.
^
,,
....
\
"-.-"-;^
.
grantedto inventors or their personalrepresentatives
in
useful
and
for
new
improvements any art,
or assignees,
of
or making an
or
article,
manner
producing,
preparing
or
process
o. producedby manufacture.
any articleprepared
it
considered
is
An invention
new, if at the time of application
used or publicly
of written
known by means
has not been publicly
Patents
are
here
in
printedpublications
or
Kingdom
the
in
months
but
;
United
after
part of
any
inventor
any
India, or
has
who
the
of
obtained
United
letters
patent
six
Kingdom, may, on making appUcationwithin
obtain
fylinghis complete English specification,
tection
pro-
in India.
The
fylingof
mere
rights of
the
having
The
a
the
confers
applicant's
specification
patentee for fourteen
previouslyobtained
been
of
ordinarycost
Indian
an
OF
CAPE
Patents
here
are
about
GOOD
$200, subjectto
HOPE.
system
a
much
very
at the end
South
New
'"
of about
tax
a
Cost of patent in Jamaica, $375
"-
the Government.
patent will be $300.
regulatedby
third,and of $100,
the
fyling
resembling
Britain.
that of Great
Cost
years, leave for such
from
him
upon
of the seventh
year.
Wales, $425"
of
*t
.
,
Term, 14 years.
"
at discretion
the end
|50, at
'
-
Term, 7
to
14
years,
of Governor.
New
Term, 14 years.
Zealand, $300"
Queensland, $425
Term, 7 to 14 years,
afc
"
cretion
dis-
of Governor.
"
"
"
"
"
British
"
"
Ceylon,$300,
"
'
'
'
improvements.'The
that
years ; in
vary
of
an
so
considerably,
STATES
Patents
to natives
Patents
are
or
of
years.
specialtime.
Term, 14 years.
exclusive
of
Government,
for 14
natives
duration
or
""\^,''
for
foreigners
is,in the
improvement, six
that
OF
'
'"
MEXICO:
no
of
case
be
invention
only are
that of the
to
patent fees
given.
BRAZILf
grantedwithout previous examination
invention
or
or
guarantee,
improvement.
granted, but the importerof
a
premium,
discovery.
or
invention,ten
an
can
AMERICA"
for any
foreigners,
inventions
years.' The
estimate of cost
SOUTH
foreign discovery is entitled
dependsupon
14
yearsl
granted to
are
No
Guiana, $500"
'"'"''%':
Patents
Term,
Trinidad, $300"
"'
/,
'
Tasmania, $300"
the
a
value of which
The
duration of
from five to
There
is
a
patentis fixed by the Government,and varies
twenty years.
Government
no
great seal,and
other
tax
patents,but expenses
upon
administrative
must
formalities,
Cost about $300.
for the
paid.
be
'
-
.
A
patentedinvention must be worked within two
the deliveryof the patent. Patents
become
from
worked
within the
time,if
specified
foreign patent for
proved to be old.
a
the
CHILI,
Patents
in
gi-anted
are
imported,to
natives
to
or
initiatea certain number
or
of
NEW
these
afterwards obtain
if the invention
invention,or
same
PERU,
the patentee
years, dating
void if not
be
GRENADA.
states
for
or
inventions,
original
condition that they
foreigners,
upon
of the discovery
natives in the operation
invention.
The
Governments
fix the duration
of
patents,the
term
bemg
at
least
twenty-five
years.
take placewith the
The operationof patentedinventions must
of the patentedobjectbeing
least possible
delay,the importation
deemed
operation.
The
cost of each
of these
ARGENTINE
patentsis about $300.
CONFEDERATION.
granted,without previousexamination or any guarantee,
to inventors or first importers. Alsolute noveltywithin the
and medicines and merelytheoretic inventions
is requisite,
republic
not patentable.The
are
duration,at most, ten years, and only
five for importations
or
improvements. A patent dates from the
must
be worked within the first year, and
fylingof the application,
Patents
is somewhat
are
costly.
:
/
i-;
*
"
.
PARAGUAY.
"
,,
non-residents,
patentsof introduction only are
To
inventions
months
are
made
after the
variable administrative expenses.
operation.A
one
patented abroad.
foreign
patent. There
or
Such
is
no
Two
granted for
patents expire six
regulartax,but there
years
are
allowed for
patentee forfeitshis patent if he afterwards obtain
of the Government.
abroad,without permission
82
STATES.
UNITED
Patents
^
"":;v;KV^
teen
granted in the United States for a periodof sevencommencing with the date of the foreign
patent. For-
are
years,
from
fees as demanded
charged the same
American
citizens,
providingthe Governments of the countries to
which theybelongdo not discriminate againstcitizens of the United
States.
Inventions
of a foreignoriginshould be worked
within
eighteen months after the patent is granted. A model of the
is of a chemical nature, are
or samples,ifthe discovery
invention,
requiredto be lodged in the Patent Office. The total cost of an
American
rency,
curpatent may be put down at about $150, American
"eigninventors
to
are
inventor
an
Government
whose
does
not
discriminate
againstcitizens of the United States. To Canadians, the total
This extra charge
charge will be about $650, American currency.
is owing to the iUiberal patent law now
to Canadians
existingin
the
Dominion
of Canada.
framed, that
so
soon
as
United
States
further
legislation.
As
wipethis
ofifthe
^iccordance
the Canadians
once
"
pass
States
a
drops from $500
relict of the dark
Statute
patent law is
so
law,the
reciprocating
to
$35, without any
Parliament
Dominion
ages,"(the existingpatent
Books, and
with the laws of
the nineteenth
The
United
stated,it is to be hoped the New
before
yf'iWsoon
law,)
fee at
The
replace it with
all other countries,
and
one
the
more
in
spiritof
century.
of
exception
for the United States. Parties desirous of makmg
those named
in any foreign
in
applications
country will send us full particulars,
the form of drawingsaud descriptions
of
a copy
; or, if possible,
those attached to the United States or Canada
patent, if already
granted in either of those countries,with a draft for the money,
A power of attorney,
to enable
payableto our order in Montreal.
to act on behalf of the applicant,
wilUbe sent for his signature,
us
and
its receipt
In
to be made.
by us will enable the application
all cases
in corresponding
with this office,
write distinctly,
giving
the names
in full,
of the applicant,
his occupation,
placeof residence,
pricesare
foregoing
on
a
goldbasis,with
the
town, county,state,"c.
Deeds
of
of patent rights,
dra'wn
assignments
carefully
up,
m
84
Names.
Alexander
Wm.
Fleck
Gibson
James
Inglis
R. T. Sutton
Cowie
"
Alison
"
Rbsidbncks.
Montreal.
P. Q.
Brantford,P. 0.
Montreal,P. Q,
Lindsay,P. O.
Montreal,P. Q.
Wm.
Stephenson
Henry Wood
James
Foley
"'
"
"
"
"
u
C. S. Dewitt
"
"
Geo.
"
"
R. Prowse
Capt. McLeod
Halifax,N. S.
John
Harris
Montreal,P. Q,
John
Williams
"
"
J. F. D. Black
"
"
John
Hart
Bedford,P. Q.
Hodges
James
Charles
Esplin
Dr. Welles
Montreal,P. Q.
Ottawa,
P.
O.
J. Paradis
P. Q.
Stanbridge,
Hochelaga,P. Q.
C. Anderson
Montreal,P. Q.
A.
P.
Stratford,
Champion
" Murphy
Cox
Wm.
Gibson
Hon.
L. A.
Montreal,P. Q.
South
D?33aulles
Granby, P.
Montreal,P. Q.
A.Woodward
"
"
Ira Gould
"
"
Dr. Brewster
"
"
F. A.
Lamontagne
B.
Pierre
M. Mott
James
C.
Jay
Cowles
George
D.
Chase
Dion
Charles
A.
Farewell
T.
Fahrland
Alexander
"
"
"
"
Cleveland,Ohio.
Toronto, P. O.
Sutton, P. Q.
Montreal,P. Q.
Oshawa, P. O.
""
"
"
J. McDowell
"
""
S.R.Warren
"
"
A.
McD.
Normand
George
Wm.
Moiln
.
Porster
Hamilton, P.
0.
Wiard
Ancaster,P.
0.
Watt
P. Q.
Beauharnois,
Wilson
T. L.
Montreal,P. Q.
Notman
Charles
W.
"
Barry
Joseph Marks
J. Wark
J. B.
J. A.
'
Montreal,P. Q.
Buntin
"
Joseph
0.
"
"'
"
"
"
"
"
Phreyne
"
'"
Woodworth
"
"
"
"
Crevier " Poitras
(
85
Nauis.
Alfred
C.
Residences.
Stratford,P.
Pilky
Taylor
St.
"
A.G.Gray
R. Mitchell
army
J. Batchelder
Dr. M. H. Utley
"'
G. H. Pierce,0. E
New
J. Millar
San
J.
St.
Meigs
Daley
Muir
Jersey City.
Oal.
Francisco,
Guillaume,P.Q.
London, England.
Montreal,P. Q.
R. Musbet
Wm.
"
Richmond, P. Q.
J. Devlen
J. H.
"
Montreal,P. Q.
Troy, N. Y.
London, England.
Montreal,P. Q.
D. H. Gould
Capt. Bolton,British
0.
John, N. B.
"
*
A. PoUok
Washington,D.
A.
Hartford, Conn.
Tyler
Munn
Co
"
New
York
City.
Montreal,P. Q.
R.
Copeland
Evarts
" Meigs
John
"'
"
McBean
"
"
Greenleaf.
"
"
J.W.Stewart
"
"
T.Abel
"
"
"
"
"
"
A.
T.
Finegan
John
Leeming
Brown, Combes
Canada
H. C.
Horse
;
"
Nail
Co
Montreal,P. Q.
Melbourne, P. Q.
Montreal,P. Q.
Boston,
Montreal,P. Q.
Lloyd
S. Nicolson
G.
Lomer
J. Bte.
Ponton
St.
P. Q.
Marieville,
Washington, D. C.
Hamilton, P. 0.
Montreal,P. Q.
Barr
Mr.
S. R.
Corbay
Francis
"
Co
EUershausen
"
D. Vass
McXenzie
Wm.
L.
Robertson
Kirkup,
Thos.
Boynton
Wm.
P. Bartley
" McDougall
Wilson
Mr.
Jacob
Cowling
M. Hammond
Scott
City.
"
Lyn, P. 0.
Montreal,P. Q.
York
New
City.
Coleman
G. H. Hiuton
Q.
York
"
Jamieson
Thos.
0.
Montreal,P.
Conn.
Hartford,
Montreal,P. Q.
Mr.
E. L.
"
Eldorado,P.
New
Izod
Richard
Scotia.
Nova
Jones
Rev.
York.
New
Co
Dr. Ehrhardt
Mr.
C.
.*.
Montreal,P. Q.
Richmond, P. Q.
P. Q.
Montreal,
Names.
Residences.
E. E. Gilbert
Wm.
Montreal,P.Q.
G. PuUan
"
Howea, Babcock
Schuyler Smith
Wm.
"
Co
Silver
Paint
Edwin
Chesterman
Perry
Homer
Montreal, P. Q.
Taylor
"
J. B. Burbank
Horace
"
Danville,P. Q,
Malone, N. Y.
Taylor
A.
Benjamin
Irvine
Boston.
Davies
Hunt
London, England.
Paris,France.
"
Samuel
Gorley
C. H. R. Gosset
Henry
Alsop
Davis
Adolphus
Charles
Carty
Dr. Murphy
J. Livesey
Montreal,P. Q.
Thomas
R. Johnson
Montreal,P. Q.
"
V. Brown
New
David
Messrs.
R.
William
Montreal,P. Q.
"
"
"
Co
McLaren
Allen
William
Shelly
George
Workman
Charles
Furber
Alfred
F. A.
Thain
R. F.
Fau"lie,C.
M. Page
Dr.
Montreal,P. Q.
La
Thomas
William
"
Waterloo,P. Q,
Montreal,P. Q.
Mount
Pleasant,Ont.
Montreal, P. Q.
Kelley
Fry, Esq
OttoEngholm
S.
"
"
John
John
Thos.
"
S. Hall
Charles
"
Buckingham, P. Q.
J. Lusk
D.
Samuel
P. Q.
City.
Peterson
Roberge
Lough
John
York
Boston, Mass.
Power
Christian
"
Sweetsburg,
Irvin
LeviLiscorae
William
"
"
Halifax.
Boa
Alden
"
"
Richmond, P. Q.
William
Benjamin
.
Quebec, P. Q.
.Montreal,P. Q,
Porter
Robert
York.
Montreal,P. Q.
Alleghany City,Pa.
J. J. Johnson
Samuel
Creek,New
Stanstead,P. Q.
Toronto, P. O.
Halifax,N. S.
Owen
Nicholas
"
Bowmanville.
Quebec.
Montreal,P. Q,
"
E
Rue
Macfarlane
Maynard
Honourable
Henry Aylmer
Messrs.
Lambe
" Sterry
John
C.
E
Foster,
B.S.Curry
"
"
"
"
"
j'
Quebec.
Acton
Vale
P. Q.
Montreal,P. Q.
Melbourne,P. Q.
London, England.
Montreal,P. Q.
"
u
I
"-".
87
'
Residences.
Names.
Samuel
Nigon, Switzerland.
Golay
George Chaffey
Kingston,
John
Montreal,P. Q.
Telfer
C.
T. M.
"
Bryson
Benjamin
C. G.
Simpson, M.E
W.Emery
Thomas
McEachran,
E.
Charles
Warmington
Charles
Allen
Edward
Beans
"
John
"
"
"
Y.
N.
"
Montreal,
Y.
P.
Q.
London, Ont.
Brooklyn, N.
Anderson
Fortune
James
"
Yonkcrs, N.
Gouch
Lambe
R.
"
Woodstock, Ont.
Madenhead, England.
Boston,Mass.
Webster
Frederick
"
"
McGill
William
"
Montreal,P. Q.
Richard
Lyman
"
Macedon,
Patrick
Sissons
Joseph
City.
Glasgow, Scotland.
Young
Robert
John
V. S
Trudeau
Moise
York
Montreal, P. Q.
Willoughby Clark
Duncan
"
New
Irvine
C.
Ont.
Case
Y.
L'Orignal, Ont.
Joseph Woodley
Quebec.
Charles
Waterloo, P. Q.
Montreal, P. Q.
Wm.
Allen
Muir
Fred.
John
J.
Gooding,
Wm.
Wright
Eaton, G.
Richard
G.
A.
M.
E
T. R
Masson
Benjamin
Thomas
R. Deacon
Walsh,
"
Messrs Gould
Poland.
M.
E
Montreal, P. Q.
Hill
"'
Parkins
W.
G.
P. Ross
Bnmson
Montreal, P. Q.
"
"
Picton, N.
S.
Cartright, Ont.
St.
Grey
A.
"'
Montreal, P. Q.
Mason
Charles
" Wells
Wilson
Alexander
A.
"
Farnham.
Ferrier,Mooney
William
W.
"
"
JMessrs.
E. A.
"
Montreal, P. Q.
J.B.Wills
T. C.
"
Charlottenburg, Ont.
Pokorny
Count
"
"
"
Gregory
John,
N. B.
Quebec.
R. E.
Stephens
Owen
Paul
Ceredo
Montreal, P. Q.
R.
G.
Leckie
T.
Ferguson
W.O.Buchanan
Miller
Sound,
"
"'
"
"'
"
'"
Ont.
"
^Ye
also
the
give
following
gentlemen
references
as
;
^
''
HON.
President
JOHNYOUNG,
T.
HON.
MINISTER
THE
Trade,
Bank
President
Esq.,
ANDERSON,
B.
THE
of
Board
of
Montreal.
Montreal,
Montreal.
AGRICULTURE
OF
"
AND
PATENT
OFFICE
'
":
Ottawa.
J.
C.
M.D
Esq.,
TACHE,
Deputy
the
to
Minister
of
Agriculture
and
Patent
,
Ottawa.
Ofl5ce,
of
BARNARD,
COL.
LIEUT.
Law
Crown
Patents,
Minister
of
Justice,
and
Examiner
Ottawa.
Department,
A.D.C.
IRVINE,
LIEUT.-COL
Deputy
A.D.C.,
His
to
Excellency
the
Governor
General,
Ottawa.
R.
J.
G.
D.
Esq.,
Montreal.
of
Montreal,
Bank
Esq.,
FERGUSON
E.^
Montreal.
Esq.,
REEKIE,
C.
Esq.,
SHANLY,
WALTER
U.
Chicago,
J.
D.
HALL,
S.
S.
B0V7ERS,
S.
P.
TILTON,
Milwaukie,
J.
B.
FRANCIS,
Esq.,
J.
H.
FERGUS,
P.
0.
S.
'.%
H.
JOHNSON,
LINCOLN
D.,
M.
E.,
"
U.
24
Lowell,
CO.,
Rue
Lac,
Wis.,
Mass.,
U.
U.
S.
S.
Lincoln's
47
Esq.,
du
Fond
111.,
C.
Esq.,
BONNEVILLE,
GEORGE
EuQ.,
Inn
du
Boston,
Fields,
Mont
Mass.,
S.
London,
Thabor,
U.
Paris,
S.
England.
France.
39
N,
f
OF
DOMINIOISr
CA.N^Di^
LAW
PATENT
OF
1869.
'./
An
ER
H
Act
Patents of Invention.
respecting
with the advice and consent of the Senate and
of Canada, enacts
of Commons
follows :
as
Majesty,
by and
House
PATENT
CONSTITUTED.
OFFICE
1. There shall be attached
to
the
Department
of
as
Agriculture,
a
branch thereof,an
The Patent
Office to be named
Office;and the
of
Minister of Agriculture
for the time beingshall be the Commissioner
Patents of Invention ; and it shall be the duty of the said Commissioner
to receive all applications,
fees,papers, documents
and
to
performsuch
of patentsfor
herein
as
are
and
acts
and models for patents
the granting
and issuing
thingsrespecting
and improvements
inventions,discoveries,
providedfor ; and he shall have the charge and custodyof
books,records,papers, models,machines,and other thingsbelonging
the
new
useful
and
to the said Office.
2. The
this
Act,
Commissioner
and
may
shall cause
cause
a
to be sealed
seal to be made
therewith
for the purposes of
letters patent and other
instruments and
from the Patent Office; and all Courts,
copiesproceeding
and
shall take notice of such seal,
Judges,and other persons whomsoever
in like manner
of
receive impressions
thereof in evidence,
as impressions
the Great Seal are received in evidence,
and shall also take notice of and
receive in evidence,
without further proofand without productionof the
all copies
extracts certified under
originals,
or
to be copiesof or extracts
from documents
the seal of the said Office
depositedin such office.
3. The Commissioner
to the approval
may, from time to time,subject
of the Governor in Council,make
such rules and regulations,
and prescribe
him
and
such forms,as may
the
to
f
or
expedient
necessary
appear
of
this
thereof
shall
and
notice
in
the
bo
Canada
Act,
given
purposes
and accepted
Gazette ; and all documents
executed after the same
by the
shall
valid
far
held
t
o
in the
be
so
as relating proceedings
Commissioner,
Patent Office.
Minister of Agricultureshall be the Deputy
Commissioner
of Patents of Invention ; and the Governor
may, from
time to time,appoint such clerks and officers under
him as may
be
such
for
the
this
and
clerks
and
of
officers
shall
Act,
necessary
purpose
hold officeduringpleasure.
4.
The
Deputy of
the
40
and
report to be preparedannually
under this Act, and shall from
proceedings
Coil iiissioner shall
5. The
laid before Parliament
of the
cause
a
publishin the Canada Gazette
a listof Patents
granted,and may, with the approvalof the Governor in
and
of
such
drawings as may be deemed
Council,cause
specifications
essential parts thereof,to be printedfrom time to time for
interest,
or
time to time
and
at least
in
once
a
year,
distribution or sale.
,
6.
Any
before his
and
useful
any
having been
person
next
and
new
MAY
WHO
*?;",''
OBTAIN
and
application,
having
improvement
compositionof matter, not
known
on
or
discoverythereof,or not being ac
patent in publicuse or on sale in any
or
with the consent
on
a
or
petition to
compliance with
granting to such
Patent
invented
art, machine, manufacture
useful
shall be
the
allowance
that
the
or
any
used
the
or
by
year
any
others
presented
requirements of
to
or
the
or
or
before his invention
of his
applicationfor
of the
discoverer
Office and
member
a
Dominion
thereof,
may
Commissioner
this Act, obtain
property therein ; and
the
and
a
on
Patent
the
said
signatureof
of
the
Commissioner,
Privy
valid
his
to the grantee,
Council,and shall be good and
heirs,assigns
in such Patent
other legalrepresentativ(^s,
for the periodmentioned
or
;
but no
invention
for
r\tent
shall issue
or
an
discoveryhaving an
illicitobjectin view nor
scientific principle
abstract
for any mere
or
or
another
.
new
composition of matter,
time
of the inventor
signatureof
one
discovered
art, machine, manufacture
exclusive
an
person
under the seal of the Patent
the
for at least
of the Provinces
effect
other
'
resident of Canada
a
,
.
PATENTS.
theorem.
7. An
and true inventor or discoverer shall not be deprivedof
original
ing,
of his havrightto a Patent for his invention or discoveryby reason
taken
in
Patent
his
therefor
out
a
to
application,
previously
any
other
next precedingthe filing
country, at anv time within six months
of his specification
and drawing as required
by this Act.
8. The Patent may be granted to any person to whom
the inventor or
discoverer entitled under
the sixth section to obtain i Patent has assigned
the
or bequeathed
rightof obtainingthe same, and the exclusive property
in the invention
or
discoveryin Canada, or in default of such
administrator of the deceased
or
assignment or bequest,to the executer
other legal
inventor
or
or
representative.
discoverer,
of Canada, for at least one
9. Any person,
been
resident
a
having
has invented
or discovered any
year next before his applicationand who
Patented
invertion
improvement on any
or
discovery,may obtain a
Patent for such improvement,but shall not therebyobtain the rightof
shall the Patent
nor
vendingor using the original''nvention or discovery,
for the originalinvention or discovery
the rightof vendingor
confer
the
using
patentedimprovement.
10. In cases
of jointapplications,
shall be granted in the
the Patent
all
the
in
of
and
such
names
applicants
cases, any assignmentfrom one
;
of the said applicantsor patentees to the other shall be registered
in the
the
,
manner
of other
assignments.
42
applicantshall also deliver to the Commissioner,unless specially
good reason, a neat working
dispensedfrom so doing for some
its
model
of his invention or discovery
on
a convenient scale,
exhibiting
several parts in due proportion,
whenever
the invention or
discovery
admits of such model ; and shall deliver to the Commissioner
specimens
of the ingredients,
sufficientin quanof the compositionof matter
and
tity
for the purpose of experiment,
whenever
the invention is a composition
and composition
of matter ; providedsuch ingredients
not of an
are
otherwise
which
c
haracter
i
n
case
or
dangerous,
they are to be
explosive
furnished only when
requiredby the Commissioner, and then
specially
with such precautions
shall
be
in the said requisition.
as
prescribed
The
15.
CONTENTS,
";' .-^'V
RE-ISSUE
SURRENDER,
DURATION,
'"
CLAIMER8.
".
PATENTS
OF
DIS-
AND
-
the substance
grantedunder this Act shall recite briefly
of the petition
which it is granted,
and shall contain the title or
on
of the same,
of the invention or Jiscovery
and a short description
name
for a fuller detail to the specification,
and shall grant to the
referring
or in trust as the ease
Patentee,his assignsand legal
representatives,
may
be,for the periodtherein mentioned from the grantingof the same, the
exclusive right,privilege
and liberty
and using,
of making,constructing
and vending to others to be used, the said invention or discovery,and
shall contain a condition that it is nevertheless subjectto adjudication
before any Court of competent jurisdiction.
17. Patents of invention or discovery
issued by the Patent Office shall
be valid for a periodof five years ; but at or before the expiration
of the
16.
Every
Patent
"
"
said five years, *he holder thereof may
for another periodof five years, and
again obtain
instrument
further
delivered
be in the form which
in
extension
by the
obtain
after thos" second five years may
periodof five years ; and the
for another
Patent
Office for such extension
be from time to time
may
to
one
duplicate,
duplicate
of the Patent
extension
an
remain
of time shall
and shall be made
adopted,
of record and
be
atid
dulyregistered,
the other to be attached,with reference,to the Patent,under the seal of
the Patent Office,
of the Commissioner,
and signature
other Privy
or any
Councillor in
18.
Every
case
such
of absence
of the Commissioner.
patent, and
instrument
every
for
grantinga further
extension
of any Patent shall,
before it is signedby the Commissioner
or
other member
of the Privy Council and before the seal hereinbefore
any
mentioned
he
or
is affixed to
who
if
it,be examined by the Minister of Justice,
finds it conformable to law,shall certify
and such Patent
accordingly,
instrument
then
and
be
the
seal
affixed
signed
thereto,and
may
shall
beingduly registered,
to
19.
reason
Whenever
and
defective or
any Patent shall be deemed
of insufficient description
or
or
specification,
by
patentee claimingmore
same
avail to the grantee thereof
be delivered
him.
time
it appears
mistake, without
may,
upon
than he had
that
the
error
a
rightto
arose
from
claim
as
by
inoperative
reason
new,
of
the
but at the
accident
inadvertence,
or
sioner
any fraudulent or deceptiveintention, the Commisthe surrender of such patent and the payment of the
48
further fee hereinafter provided,
cause
with
aa-
to be made
specification
and
description
amended
patentin accordance
a new
by such patentee,to befor any part or the
discovery,
invention or
issued to him for the same
whole of the then unexpiredresidue of the five years periodfor which
the original
patent was or might have been, as hereinbefore directed,
ing
patentee or of hij havgranted; In case of the death of the original
like
shall
in
his
vest
right
assigneeor legal
assignedthe patent, a
and
the
amended
Tlienew
and specipatent,
description
fication,
representative:
"
effect in law,on the trial of any action
shall have the same
for any cause
thereafter commenced
accruing,as if the
subsequently
filed
in
corrected
form
such
had
before the issue of
been originally
same
the
original
patent.
whenever
Similarly,
by any mistake,accident
20.
without any wilful intent to defraud
made
the
or
his
or
specificationbroad,claimingmore
than that of which
too
party through whom
has in the
claims
inadvertence and
mislead the public
a Patentee has
he
part of the invention
or
the first inventor
was
that he
claimed
specification
the first inventor
was
claims
or
or
the
and
discoverer,
party throughwhom
discoverer
had
or
discoverer,
or
of any material
patentedof which he
discovery
or
he
he
tial
substan-
or
not
was
the
legalright thereto; the patentee
make
disclaimer
provided,
may, on payment
of such parts as he shall not claim to hold by virtue of the patent or the
and in dupliassignmentthereof; such disclaimer shall be in writing,
cate,
hereinbefore prescribed
and attested in the manner
for a patent,one
the other
copy to be filed and recorded in the ofl"ceof the Commissioner,
copy to be attached to the Patent and made a part thereof by reference,
first inventor
or
no
"
of the fee hereinafter
"
disclaimer shall thereafter be taken and considered as part of
Such disclaimer shall not effect any action
original
specification.
pendingat the time of its beingmade, exceptin so far as may relate to
the question
of unreasonable neglect
or
delayia making it. In case of
the death of the original
the Patent,a
Patentee or of his havingassigned
like rightshall vest in his assignsor legal
representatives
respectively,
and
such
the
The
disclaimer.
Patent shall thereafter be
make
any of whom
may
deemed
much
the
of
for
is
invention
so
or discovery
as
good and valid
trulythe disclaimant's own, and not disclaimed,
providedit be a material
and
substantial part of the invention
or
and definitely
guished
distindiscovery,
from other parts claimed without right
; and the disclaimant shall
for
suit
such
a
part accordingly.
be entitled to maintain
;
21.
or
ASSIGNMENT
AND
,
The
Government
INFRINGEMENT
of Canada
discovery,
payingto the
may
OP
PATENTS.
alwaysuse
patentee such
sum
as
tion
any patentedinventhe Commissioner
for the use thereof.
may report to be a reasonable compensation
whensoever
issued shall
22. Every Patent for an invention or discovery
thfe
whole
law
i
n
either
interest
to
be assignable
to any part
or
as
as
any instrument
and
every grant
conveyance
thereof,
by
grant
in
writing;
but
such
and also
assignment,
of any exclusive rightto make and
and use
the invention or
to others the rightto make
within and
patented
throughoutthe Dominion
of
Canada, or
use
and
to
discovery
within and
throughout any
Scotia
one
or
of the Provinces
more
of
Ontario,Quebec, Nova
New
Brunswick, or any part of any of such Provinces or
in the office of the Commissioner
Dominion, shall be registered
;
and every assignment aflfecting
shall
invention
for
Patent
or
a
discovery
he deemed
null and void against any subsequent assignee,
unless such
instrument
of
is registered
before
hereinbefore
the
as
registering
prescribed,
the instrument
under which such subsequentassignee
may claim.
23. Every person who
in
without the consent
writingof the Patentee
makes, consUacts
or
or
discovery for
puts in practice any invention
or
"of the
which
Patent
a
has been obtained
this Act
under
or
such invention
procures
discoveryfrom any person not authorized to make or use it by
Patentee,and uses it,shall be liable to the Patentee in an action
damages for so doing ; and the judgment shall be enforced, and
damages, and costs as may be adjudged,shall be recovered in like manner
in other cases
in the Court in which
the action is brought.
as
or
"
An
24.
Court
any
for and
action for the
be brought before
of
within
sittings
have
to
Province
the
within such
jurisdiction
holdingis nearest to the placeof
; and
In
costs.
or
the
such
further
order
use,
for
the
infringementof
Judge
application of
thereof
case
a
or
plaintiff
the
manufacture
sale of the
or
time, of
of which
determine
Court
be
the
the
of the
as
Patent, the Court
to
if sitting,
sitting,
respectively
oppositeparty from
not
defendant
injunction,restrainingthe
an
ment
infringe-
the
of business
or
and
if the
Chambers
in
which
in
residence
shall decide
Court
action for the
any
any
on
such
damages asked
being at the same
Province, the one
place,and
taken
of such
defendant
may
make
infringement of a Patent may
to the amount
having jurisdiction
its
having
placeof
of
the
of Recoi'd
is said
Courts
the
of the patent, and
such order; or for
subjectmatter
for his
punishment in the event of disobedience to
in the
and the proceedings
or
inspection
account, and respectingthe same
action, as the Court or Judge may see fit;but from such order an appeal
shall lie under
other
the
judgments or
25.
Whenever
any part of the
claimed
as
new,
rendered
26.
invention
the
fact
any
Patent
declaration of the
contain
more
they purport
for
the
the
defendant
discoveryjustlyand
or
discriminate,and
may
in any
or
action
such
default which
void ; and the Court
of the facts connected
A
that
it appears
Court
defendant
IMPEACHMENT
NULLITY,
27.
the order
as
from
made.
was
fails to sustain his action, because
plaintiff
he was
than
that of which
embrace, more
Patent
and
Court,
same
his
the
fication
specifirst
used
or
infringed
trulyspecifiedand
the judgment may be
'^ordingly.
The
of defence
the
in which
orders of the Court
and
discoverer,
or
to the
the
arid claim
inventor
and
circumstances
same
shall be
by
shall take
therewith,and shall decide the
VOIDANCE
AND
void, if any
or
less than
be
made,
of
misleading
; but
or
is necessary
omission
such
OF
case
ingly.
accord-
PATENTS.
material
be untrue,
applicant
to
purpose
plead as matter
specially
law
would render
or
by
ing
pleadcognizanceof that special
may
this.Act
in the petition
or
allegation
if the specification
and drawings
for obtainingthe end for which
addition being wilfully
made
or
if it shall appear
to the Court
that
45
omission
such
or
that the Patentee
addition is
is entitled to the remainder
Court shallrender
a
judgment in accordance
the Patent
costs,and
to
as
it is proved
of his Patent j^ro tanto,th"
and determine
facts,
with the
shall be held valid for such part of the invention
of
such
shall
be
furnished
copies
judgment
and to remain
the Patentee, one to be registered
other
and
the
be
attached
the
to
Patent and
to
in the Office,
Office
to the Patent
of record
a
and
office
and two
described,
made
simplyan involuntary
error,
part of
it by
by
a
reference.
and expressgrantedunder this Act shall be subject
Every
ed
to the condition that such Patent and all the rightsand
to be subject
therebygrantedshall cease and determine and the Patent shall
privileges
Patent
28.
'
null and
be
the
the end of three years from the date thereof,
unless
have commenced
that period,
and shall after
the construction or manufacture
carry on in Canada
void, at
Patentee
shall within
such commencement
of the
invention
or
patentedin
discovery
such
that any person
for him at a reasonable
manner
desiringto use it may obtain it or cause it to be made
structing
manufactoryor establishment for making or conpriceat some
it in Canada,and that such patentshall be void ifafter the ex!
months from the grantingthereof the patenteeor his
of eighteen
piration
for the whole or a part of his interest in the Patent
or
assignees
assignee
to be importedinto Canada, the invention or discovery
importsor causes
Patent
is granted.
the
for which
29. Any person desiring
to impeachany Patent issued under this Act,
certified
sealed
and
obtain
a
copy of the Patent and of the petition
may
and may hav e
thereunto relating,
declaration,
drawingsand specification
of
filed
the
the
in
Office
of
Clerk
the same
the Superior
or
Prothonotary
Court for the Province of Quebec,or of the Court of Queen's Bench or
Pleas for the Province of Ontario,
of the Supreme Court in
Common
or
,
Province of Nova Scotia,or of the Court of Queen's Bench in the
Province of New
Brunswick,accordingto the domicile elected by the
the matter
and
Patentee as aforesaid : which Courts shall adjudicate
on
The Patent and documents
aforesaid shall then be
decide as to costs.
held as of record in such Court,so that a Writ of Scire Facias under the
Seal of the Court groundedupon such record may issue for the repealof
the
the Patent, for legal
as
cause
"Writ in accordance with the
if upon
aforesaid,
meaningof this Act
had upon the
proceei lings
the Patent be adjudged
to be void.
30.
A
certificateof the
Patent
judgment voidingany
shall,at
the
it to be of record in the Patent
request of any person or party filing
of
entered
the
the
enrolment of the Patent in the
b
e
on
margin
Office,
the
and
Patent
of
the
shall thereuponbe and be
Office
Commissioner,
held to have been void and of no
reversed on appeal
as hereinafter
31.
to any
unless and until the judgment be
effisct,
provided.
The judgment declaring
to appeal
any Patent void shallbe subject
of
in
other
Court
jurisdiction
over
Appealhaving appellate
cases
the Court
by which
the
PATENTS
same
was
ISSUED
All Patents issued under
Province of Canada,or of Nova
32.
rendered.
UNDER
any Act
Scotia
FORMER
of the
or
LAWS.
of the
Legislature
of New
late
Brunswick,and all
4e
issued for the Provinces
Patents
of
of the late Province
of the
presentAct, shall
Quebec
in force for the
remain
as if the
territory,
but subject
to
repealed,
been
not
and
to the date of the
of
extent
same
of Ontario
Canada,
under
the Act
coming into operation
term, and
same
Act
under
the
of
provisions
which
they
for the
issued had
were
this Act
in
far
so
as
to them.
applicable
2. And it shall be lawful for the Commissioner,
upon the application
in any snoh Patent,beingthe inventor or disthe Patentee named
coverer
of the patent and a British subject,
matter
of the subject
or
a
resident in any Province of Canada for upwards of a year, if the subject
of
matter
of the
patenthas
been known
not
used,nor
or
with
the consent
of
sale in any of the other Provinces of the Dominion, to*
patentee
issue on payment of the proper fees in that behalf a patent under
this
the whole of the Dominion,
Act extendingsuch Provincial patent over
the
on
subjectto
the
of the seventeenth
provisions
beyond the remainder of
issued shall extend
section;but
the term
no
patent
mentioned
so
in the
Provincial Patent.
33.
All the records of the Patent
and of the
Brunswick,shuU be handed
New
ratents
the
Commissioner
4he
records of the Patent
of
Officesof the late Province of Canada,
and
of Ontario
Provinces
by
over
Quebec, of
the officersin
of invention
or
Scotia
and
charge of them
to
discovery,
Office for the purposes
TARIFF
Nova
form
to
part of
of this Act.
FEES.
OF
k!;
before an
to the Commissioner,
foUoningfees shall be payable,
hereinafter
mentioned
shall
be enterfor
of
the
tained,
application any
purposes
34.
The
that is to
:
say
Patent
for 5 years
from 5 to 10
On
for
petition
On
for extension
petition
On
for extension
petition
On
On
On
lodginga Caveat
a judgment pro
askingto register
an
assignment
askingto register
On
askingto attach
On
asking for
a
a
from
years
20.00
10 to 15 years
20.00
Disclaimer
copy of Patent
re-issue
to
a Patent
petition
On
to extend
at the rate
a
patent
to
a
5.00
tanto
4.00
".
2.00
4.00
patent
with
4.00
specification
after surrender,
and on petition
the Dominion,the fee shall be
a
former
$20.00
,
to
-
of.
4.00
lor every unexpiredyear of duration of such Patent
On office copiesof Documents, not above mentioned,the
following
chargesshall
For
be exacted ;
every singleor first folio of certified copy
$0.50
from and
subsequenthundred words, (fractions
and
under fifty
over
fifty
beingcounted for
beingnot counted,
0.25
one
hundred)
35. For every copy of drawings,the party applyingshall
pay such
For
sum
as
every
the Commissioner
considers
expended thereon by an officerof
performsuch service.
a
fair remuneration
the
Departmentor
for time and labour
person
employedto
41
36. The said fees shall be in full of all services performedunder this
Act in any such case by the Commissioner or any person employedin the
Patent OfiBce.
37. All fees received under this Act shall be paidover to the Receiver
Fund of Canada,
General and form part of the Consolidated Bevenue
for
of
be paid
as may
copies drawingswhen made by
except such sums
the
Patent
in
Office.
s
alaries
not
receiving
persons
of exemption in favour of any
No fee shall be made the subject
shall be returned to the person who paidit,
paid,
person , and no fee,once
38.
except:
,.
1. When
the invention
2. When
the
And
is not
for
petition
in every such
a
of beingpatented
susceptible
;
patent is withdrawn
the Commissioner
case
may
;
one-half
return
of the
fee paid;
in the
And
of
case
claim,as
revive the
shall be
withdrawal,a fresh application
necessary
if no
had taken
proceeding
MISCELLANEOUS
to
placein the matter.
PROVISIONS.
,
for a Patent who has not yet perfected
his
intendingapplicant
and
in
fear
of
is
of his idea,may
invention or discovery
beingdespoiled
of his invention or discovery
filein the Patent Office a description
so far,
the
his
will
and
without
at
with or
own
Commissioner,on recepplans,
;
tion
shall cause
the said document
of the fee hereinbefore
to
prescribed,
of
in
with
the
of
be preserved secrecy,
exception delivering
copies the
the
said
whenever
tribunal
or
same
by
judicial
required
by any
party
An
39.
"
when
he obtains a Patent
to cease
the secrecy of the document
shall be called a
document
invention or discovery
; and such
Provided
a
for his
caveat.
shall be made
alwaysthat if application
Patent for any
invention
or
with
discovery
by any other person for
which such caveat
may in
it shall be the duty of the Colnmissioner forthwith
any respect interfere,
has filed such caveat,and such
to givenotice by mail to the person who
date of mailingthe notice,
shall
within
after
the
three
months
if
person
avail himself of the caveat, filehis petition
and take the other
for
in
and
if, the opinionof the
steps necessary on an application patent,
he would
like proceedings
are
Commissioner, the applications
\nterfering,
may be
this
Act
in
the
of
all
case
bad in
provided
interfering
respectsas are by
Provided
applications.
further that unless the person
thereof have made
shall within four years from the filing
patent,the caveat shall be void.
40. The Commissioner
objectto grant a Patent
may
oases
he is of
in law
patentable
opinionthat
the
invention
alleged
3. When
or
is not
discovery
it appears that the invention
or
or
or
is already
in
discovery
allowance of the
has
discovery
been
before the date of the
book or other printed
publication
the
the
in
of
otherwise
possession
public
;
a
following
;
it appears that the invention
of the publicwith the consent
possession
2. When
or
in the
:
1. When
in
filing
any caveat,
for a
application
the
inventor;
described
application
48
it appears that the invention
4. When
except,however,when
patented,
the
or
has already
been
discovery
is one
within the seventh section
the Commissioner has doubts as to whether
is the firstinventor or discoverer.
the patenteeor the applicant
the Commissioner
Whenever
41
to grant a Patent as aforesaid,
objects
of this Act
or
one
case
in which
.
the applicant
to that eflfect
and shall state the ground
he shall notify
sufficient
d
etail
with
to
therefor
enable
the applicant
or reason
to answer,
of the Commissioner,
if he can, the objection
-*
who has failed to obtain a Patent by reason
of
Everyapplicant
Commissioner
the
of
as aforesaid,
objection
may at any time within
42.
the
six months after notice thereof has been addressed to him
to the
appealfrom the decision of the Commissioner
or
his agent,
in
Governor
Council.
43. In
of
for any Patent,
the
interfering
applications
shall
same
of whom shall
and the third person shall be chosen
be chosen by each of the applicants,
or by his Deputyor the person appointed
to perform
by the Commissioner,
the decision or award of such Arbitrators,
the dutyof that officej And
of them,delivered to the Commissioner in writing,
and subscribed
or any two
by them,or any two of them,shall be final as far as respectsthe
of the Patent ;
granting
refuses or failsto choose an Arbitrator
2. If either of the applicants
cases
be submitted to the arbitration of three skilledpersons,
one
"
the Patent shall issue to
so to do by the Commissioner,
required
And
there
than two interfering
when
are
more
opposite
party ;
and
allunite
not
the
do
in appointing
three
parties
applying
applicants,
the
Commissioner
his
or
or
Arbitrators,
to
Deputy, person appointed
the three Arbitrators for
performthe duty of that office,
may appoint
when
the
"
the purposes aforesaid.
44. AH specifications,
models,disclaimers
drawings,
judgmentsand
of the public
other papers,except caveats,shallbe open to the inspection
be
under
such regulations
as may
at the Patent Office,
adoptedin that
behalf.
45. Clericalerrors
happeningin
of any instruthe framing
ment
or copying
construed
shall not be
the
of the Patent Office,
as
invalidating
of
same, but when discovered theymay be corrected under the authority
the Commissioner.
others of the
or lost,
46. In case any LitersPatent shallbe destroyed
the party
on
like tenor,date and effect may be issued in lieu thereof,
for
office
o
f
hereinbefore
documents.
the
fees
prescribed
copies
paying
47. No Letters Patent shallextend to preventthe use of any invention
where such invention or discovery
shipor vessel,
any foreign
used for the manufacture of any goods to be vended
within or exported
from Canada.
of a patent has purchased,
48. Every person who before the issuing
for which a Patent
constructed or acquired
invention
or
discovery
any
has been obtained under this Act, shall have the rightof usingand
the specific
art,machine,manufacture or composition
vendingto others,
constructed or acquired
before the
of matter
so
purchased,
patented,
without beingliable to the Patentee or his
issue of the Patent therefor,
for so doing; but the Patent shall not be held invalid as
representatives
or
in
discovery
is not
so
,^
i^
60
An
Act
Trade
respecting
Majesty,by
HER
House
Marks
and
and with the advice and
of Commons
of
Canada,enacts
Industrial
of the Senate
consent
as
Designs.
and
follows :
of
Agricultureshall cause to be kept in his office
the
and
Trade Mark Register,"
to
respectively
of a
The
Registerof Industrial Designs,"in which any proprietor
Trade
Mark ci- of a Design may have the same
registered
by depositing
in duplicate
with
the said IM inister a drawing and description
of such
declaration that the same
Trade Mark
or Design,togetherwith a
was
not in use to his knowledgeby any other person than himself at the time
of his adoption
thereof;and the said Minister of Agriculture,
on
receipt
of the fee hereinafter protided,shall cause
the said Trade
Mark
or
ascertain
be
to
whether
it
resembles
other
to
examined;
Design
any
Mark
Trade
or
Design already registered
; and if he find that such
Trade
Mark
or
Design is not identical with or does not so closely
with any other Trade Mark or Designalready
confounded
be
resemble as to
the same, and shall return
he shall register
to the proprietor
registered,
and
of
the
with
thereof one
drawing
description, a certificate signed
copy
by the Ministet* or his Deputy to the effect that the said Trade Mark
in accordance with the provisions
of
or
Design has been dulyregistered
this Act ; and there shall be further stated in such certificate the day,
in the proper Register
month
and year of the entry thereof,
; and every
such certificateshall be received in all Courts of I'a"v or of Equity in
witliout proofof the
Canada, as evidence of the facts therein alleged,
signature.
2. The Minister of Agriculture
t(tthe
may, from time to time,subject
in
make
such
rules
anci regulations,
Council,
approvalof the Governor
and adopt forms for the purposes of this Act, and such rules,
regulations
shall be deemed
and forms circulated in printfor the use of the public,
The
1.
Minister
be denominated
books
"
"*
to be
for the
correct
to the
according
same
held valid
as
so
far
purposes of this Act, and all documents
and
accepted
by
the Minister of
shall be
Agriculture
under
relatesto the officialproceedings
TRADE
MARKS.
executed
this Act.
'"
the purposes of this Act, all marks, names,
brands,labels,
which
b"
business
for
other
or
devices,
adopted use by any
may
packages
for the purpose of
in his trade,business,occupation
or
calling,
3. For
person
article of any description
manufactured,produced,compounded,packedor offered for sale,
distinguishing
any manufacture,product or
by
him
whether to such manufacture,
applied,
productor article,
of any
parcel,
to any package,
case, box or other vessel or receptacle
or
t
he
shall
be
and
whatever
considered
known
containing same,
description
no
matter
how
61
for the exclusive use of the party
Marks, and may be registered
in the manner
hereinafter provided
the same
registering
; and thereafter
he shall have the exclusive rightto use the same, to designate
articles
manufactured or sold by him, and for the purposes of this Act, timber
and lumber of any kind upon which libor has been expendedby any per*
Trade
as
in his
son
trade,business,
ocouj
on
or
shall
calling
product
a Trade
Any person having registered
4.
cancellation
of the same,
and
the
Minister
the said Trade
receiving'such
petition,
on
be deemed
a
facture,
manu-
article.
or
Mark
of
Mark
for the
petition
may
Agriculture
may
to be
so
cause,
cancelled ; and
if it had never
cancellation be considered as
the
of the said party.
under
name
registered
5. EveryTrade Mark registered
in the officeof the Minister of Agri
culture shall be assignable
in law,and on the assignment
being produced
the
shall after such
same
been
and the fee hereinafter
shall
the
cause
and
such other details
the
Trade
Registerof
registered.
providedbeingpaid,the
with the
assignee,
of the
name
as
he may
Marks
on
see
fit,to
Minister
of
Agriculture
assignment
the margin of
date of the
be entered
the foliowhere
on
such Trade
Mark
is
his own,
6. If any person shall make
to ra5ister,
as
application
any
been
Minister
of Agriculwhich
the
has
Mark,
registered,
ture
already
Trade
interested therein to be notifiedto appear, in
parties
before
him, with their witnesses,for the purpose
by Attorney,
person
of establishing
of such Trade
which is the rightful
owner
Mark, and
the ssaid Minister
after having heard the partiesand their witnesses,
shall
all
cause
or
shall order such entry or cancellation,
or both,to be made
a he shall deem
his Deputy may
hear and
just; in the absence of the said Minister,
determine
and
the
and make
case
Marks
or
entryor cancellationor both,as
to right
Registering
of Trade
conflicting
registrations
and, similarly,
appertain,
any
justicemay
Trade
such
any
about
oversight
error
in
manner.
may be settledin the same
7. If any person, other than the party who has registered
the same,
article
of any description
whatever with any
shall mark any goods or any
Marks
under the provisions
of this Act, or with any
registered
whether
Mark,
by applyingsuch Trade Mark or any
eof to the article itselfor to any packageor thing contain! ig
pa
or
by usingany package or thingso marked which has been
sucii
acle,
of such Trade Mark, or shall knowinglysellor
used by the proprietor
with such Trade Mark, or with any
offer for sale any article marked
with intent to deceive and to induce persons to believe that
part thereof,
such article was
manufactured,produced,compounded,packedor sold
of such Trade Mark, he shall be guilty
of a misdemeanor,
by the proprietor
shall forfeit,
for each offence,
and, on conviction thereof,
a sum
hundred dollars,
of not less than twenty dollars and not exceeding
one
of such Trade Mark, together
shallbe paidto the proprietor
which amount
incurred
in
the same
and
the
costs
with
enforcing recovering
; Provided,
under this section shall be made
always,that every complaint
by the
of
Trade
such
his
one
or
some
behalf
on
and
Mark, by
acting
proprietor
Mark
Trade
partof such
Trade
u.
dulyauthorisedthereto.
and
8. If any person shall knowingly
as his own
register
wilfully
any
"
(
52
person not resident in Canada, he shall
and liable to the penalty
of a misdemeanor,and shallbe subject
guilty
in
And
mentioned
the precediDg
section ;
the entry of every such Trade
of a
Mark
shall be cancelled on receipt
in the Trade
Marks
Register,
Mark
Trade
the property of
a
be
certificatesignedby the Clerk of the
before whom
the conviction
was
Court,or
had, of any
half of every such penaltyshall be
the other half to the Crown.
paidto
the Justices of the Peace
such
the
conviction ; and
one-
and
partyprosecuting,
9. If any person shall counterfeit or use the Trade Mark of any person,
not resident in Canada,with intent to deceive the publicand lead to the
belief tha. the articlesor packageso marked were
manufactured
or put up
iu
is not registered
of such Trade Mark, although
the same
by the owner
of not less than ten
forfeita sum
Canada,he shallon conviction thereof,
dollars nor more
with costs,one-half
than fifty
dollars for each ofience,
of which penalty
shall be paidto the complainant
and the other half to
the Crown.
10.
sections may
Complaintsunder either of the two next preceding
mentioned
broughtby any party or person whatever,and the penalties
in the three next
recovered
in
enforced
and
shall
sections
be
preceding
the same
and
the
to
as
same
are
providedin
provisions
subject
manner,
of
the sections of this Act respecting
and protection
the registration
designs.
be
The
11.
use
of any
Trade
that of any
it as to
closely
resembling
either identical with
Mark
or vender,
manufacturer,
or so
producer,
packer,
be calculated to be taken for it by ordinary
shallbe
purchasers,
be
a
of such Trade
use
held to
Mark.
12.
a
Notwithstanding
anythingin the precedingsections contained,
be maintained by any proprietor
of a Trade Mark
against
any
Trade
Mark, or any fraudulent imitation
person using his registered
articles
tion
thereof,or selling
bearingsuch Trade Mark, or any such imitacontained
in
to be his,
or
thereof,
trary
conpackagesbeingor purporting
of this Act.
to the provisions
suit may
Registkation
13.
^
The
of the
14.
;
Copyrightacquiredfor
same
as
of
an
Designs.
industrial
designby
aforesaid shall be valid for the term
the
tion
Registra-
of five years.
before publicaEvery designto be protectedmust be registered
tion
the name
of the proprietor,
who must be
and,after Registration,
a resident of Canada, shall appear
upon the articleto which his design
if
the
manufacture
be
a
woven
applies
fabric,
byprinting
;
upon one end,
if another substance,
at the edge or
ters
upon any convenient parts,the letRd., with the mention of the year of the Registration
the
mark
;
by making it on the material itself
may be put upon the manufacture
thereto a labelcontaining
the proper marks.
or by attaching
15. The author of the designshall be considered the proprietor
of,
thereunless he has executed the designfor another
person, for a good or
valuable consideration,
in which case such other
ed
person shall be considerthe proprietor,
and shall alone be entitled to register
it ; but his right
to the propertyshall onlybe co-extensivewith the rightwhich he
may
have acquired.
'
53
in law, either as to the whole
Every designshall be assignable
which
interest or any undivided part thereof,
by an instrument in writing,
be
of
Minister
recorded
the
the
of
shall
office
in
Agriculture,
assignment
the
fees
And
of
of
hereinafter
on
proprietor
provided
payment
;
every
u
nder
and
exclusive
a design
right,
may grant
convey an
any copyright,
and vend, and to grant to others to make use and vend such
to make, use
pired
designwithin and throughoutCanada or any part thereof,for the unex16.
term
thereof
or
shall be called
and
within
the
any
a
part thereof;which
exclusive
and shall be recorded
license,
grant
in the
same
and
veyance
con-
manner,
delayas assignments.
17. During the existence of the right(whetherit be of the entire or
of such design,)
without the license in writing
use
no
partial
person shall,
of the registered
imitation
or a fraudulent
proprietor,
apply such design,
thereof to the ornamentingof any article of manufacture,"c.,for the
sell or expose for sale or use any article of
or
publish,
purposes of sale,
such
to
which
manufacture,"c.,
design,or fraudulent imitation thereof
cI"not less than twenty dollars,
and
under penalty
shall have been applied,
hundred
of the
and twenty dollars,
not exceedingone
to the proprietor
his
or
design,and costs-" to be recovered by the registered
proprietor,
suit
of
like
in
in
suits
amount.
a
assignee,
by
any Court,havingjurisdiction
18. Everyperson placing
the words
or the letters
Rd.,"
registered,"
of
which
the
article
or
copyright
article, upon any
upon any unregistered
for sale as a registered
has run
the same
or
article,
out, or advertising
sale
for
such
or
article,
selling,
publishing,
exposing
knowing
unlawfully
thereof
the same
to have been fraudulently
stampedor that the copyright
shall forfeit for every offence a sum
has expired,
lars
not less than four doland not exceeding
in
recovered
the
to be
same
manner
thirtydol'ars,
undor the next
and that by any person
as
penalties
precedingsection,
same
"
whatever,who shallreceive
on
penalty,
the recovery
been condemned
one
"
half the amount
of the
amount
of the said last mentioned
which
the offender may
have
to pay.
suit may be maintained
he
hjs sustained by the
damages
of any designfor the
by the proprietor
imitation
of the design,
or
application
for the purpose of sale,against
he (theoffender)
any person so offending,
the
of
the
had
his
that
not
proprietor
knowing
design
given consent to such
application.
20. If any person, not being the lawful proprietor
of a design,
be
t
he
institute
as
rightfulowner
proprietorthereof,
registered
may
action in the Superior
Court in the Province of Quebec,in the Court of
an
Queen's Bench in the Province of Ontario, and in the Supreme Court in
the Provinces of Nova Scotia or New Brunswick as the case may be, and
of such suit may, if it appear that the desigtf
the Court havingcognizance
in the name
of a wrong
has been registered
person, either direct the
of
that
the
the lawful proprietor
shall
to
be
name
or
registration cancelled,
in the register,
with costs in its discretion,
be substituted for the name
Plaintiff
and on application
it shall be lawful
the
by affidavit,
supported
by
at itsdiscretion,
for any such Court,
to
pendingsuch action or proceedings,
the use of such design,
issue an order upon
the defendant prohibiting
under pain of beingheld in contempt
pendingsuch suit or proceedings,
19. A
vof such Court.
64
"-""..,
Minister of
after due service of such order and
Agriculture,
shall cause
such alteration to be
payment of the fee hereinafter provided,
shall
in
be
the
order
directed.
said
in
made
Registeras
under the preceding
sections of this Act, shall be
22. All proceedings,
from
and not
twelve
months
the
commission
of the offence,
within
brought
after ; nor shall any of the clautes of this Act applyto protectany design
which does not belongto a person resident within Canada and is not applied
The
21.
to
a
be
manufactured
subjectmatter
On
23.
the copy
given,signedby
been
date of
tered,the
regi
in Canada.
shall
a certificate
registering,
Deputy, that the Design has
the name
of the registered
registration,
prietor,
pro-
returned to the person
the Minister or by his
letter
of such design,
and the number
the number
or
address,
ficate,
which said certiwith the registration,
or correspond
of
in the absence of proofto the contrary,shall be sufficient proof
of the name
of the registration
the design,
of the comof the proprietor,
mencement
and periodof registry,
of the person named
as proprietor
the
and
of
with
of
of
the
originality
design,
compliance
beingproprietor,
the provisions
the writingso signedshall be
of this Act ; and generally
received as evidence of the facts therein
stated,without proofof the
signature.
his
employedto denote
GENERAL
PROVISIONS.
of Trade Marks
the Register
Any person may be allowed to inspect
the Minister may
and the Registerof Industrial Designs; and
cause
I
of Trade
Industrial
Marks
or
copiesor representations
igns to be
the applicant
for the same
on
delivered,
paying the fee wl ;h shall be
deemed sufficient for the purpose of havingthe same
copiedor represented.
24.
The
25.
such
Minister of
designsas
Act, or
however,
26.
to
The
27.
to him
Minister
of
the Canada
Clerical
discovered
power to refuse to register
of this
to be within the provisions
designis contrary to
errors
publicmoralityor order,subject,
in Council.
from
Agricultureshall,
time to
time,cause
to be
Gazette the titles of the
and
designs
registered
registered
proprietors.
happeningin the drawing up or copyingof any
be construed
the same, but when
as
invalidating
be corrected under the authority
of the Minister
placesof abode
instrument,shall not
of
appear
the Governor
and
names
not
appealto
in
published
the
do
the
when
shall have
Agriculture
of the
they may
Agriculture.
28. The following
fees shall Ibepayable,
to wit :
to register
On
a
designor Trade Mark,
every application
c
ertificate
$5.00
including
For eflchcertificateof registration
1.00
not already
providedfor
the reasonable expenses
For each copy of any drawing,
of preparing
the
same.
For
recording any assignment
For
officecopies
of Documents
chargesshall be exacted
following
For every single
firstfolio
or
;r
or
2.00
not above mentioned,the
entries,
:
,
$0.50
55
For every
subsequenthundred
fiftybeingnot counted, and
hundred)
All of which
fees shall be
Keceiver
to the
The
29.
Act
General
of
from and under
words, (fractions
over
being counted for one
fifty
paid
0.25
by
over
Minister
the
Canada.
I
/.
!
of
Agriculture
"
.;
of
Victoria,chapter twenty-first
twenty-fourth
of the late Province
of the
thirty-first
of
Province
Canada, and
of
^
New
the
thirtieth
Brunswick,
and
the Statutes
Victoria,chapter
all other
Acts
or
parts of Acts inconsistent with the present Act are hereby repealedas
the granting of any new
exclusive
to any further
or
right
registration
under
provisionsthereof;but all rightsheretofore acquiredby virtue
provisionsshall remain good and valid and assignablein law,
and all penalties
under
and forfeitures incurred
the
to be incurred
or
all
be
sued
and
for
and
commenced
same
m
enforced,
prosecutions
ly
before the passing of this Act for any such penalties
forfeitures already
or
incurred
be
continued
and
and
entries
and registrations
completed,
may
under the said Acts respectively
if
be
said Acts and
the
as
cancelled,
may
of
had
been
Acts
not
repealed.
parts
the
of such
"^"kI
30.
For
all the purpose
cited in the next preof the Act of Canada
ceding
section of this Act, so far as the same
remains
in force after the
passingof this Act, the Deputy of the Minister of Agricultureshall bo
is hereby substituted
of Registration
for the Secretaryof the Board
and
and
Statistics
and
duties of these
31.
Mark
mentioned
in the said
Act, and
shall have
all the powers
officers.
In
citingthis
and
Design
Act
Act
it
shall be
sufficient
to call
it
"
The
Trodo
of 1868."
""'n:'
{"'
".-i'AJ:-!''
",
(,"
iltii;^