PUBLIC RECORD OFFICE
Reference :-
TC.O. 885
سيأس.
2
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
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ingredients and of the composition of matter, suffi- cient in quantity for the purpose of experiment, when the invention is a composition of matter.
IV. No applicant shall be deprived of his right to a Patent, in this province, for his invention, by reason of his having previously taken out Letters-Patent therefor in any other country, provided that such invention shall not have been introduced into public and common use in this province prior to the appli- cation for a Patent therein, and that the Patent granted in this province shall not continue in force after the expiration of the Patent granted clae- where.
V, If any person entitled to a Patent in this province for a new invention or discovery shall die before the same is granted to him, the right to apply for and obtain such Patent shall devolve on his executor or administrator, and shall be granted in as full and ample a manner, and under the same conditions and restrictions, as if issued to the inventor in his lifetime; and when a petition for a Patent is made by an executor or administrator, the deposi tion attached thereto shall be varied to suit the circumstances of the case.
VI. Letters-Patent may issue to the assignee of any person entitled to a Patent for any invention or discovery made in this province, but for which no Patent has previously issued. The assignment, duly proved, shall accompany the application, and he filed therewith, together with an affidavit of the assignee that the same was made for good consi- deration, and also an affidavit of the assignor that the invention or discovery was made by him, as required by the second section of this Act.
NEW BRUNSWICK,
Lieutenant-Governor. No. 6, January 28. 1854.
Patent may be granted for articles
patented elsewhere.
Executor or administrator may take out Patent for deceased inventor.
Assignee of inventor in this pro-
vince may take out Patent.
also take out Patent.
VII. Letters-Patent may also issue to the assignee Assignee of foreign patenter may of any person who may have taken out Letters- Patent for his invention or discovery in any other country, but not for any discovery or invention made abroad for which no Letters Patent have been here obtained, provided that the invention or discovery so assigned shall not have been introduced into public and common use in this province prior to the application for a Patent, and that the assignee of
NEW BRUNSWICK,
Lieutenant-Governor, No. 6. January 28, 1854.
Patents may be assigned wholly or
in part.
Damages for infringement of patent
right.
Copies of documents and drawings certified by Provincial Secretary
to be received in evidence.
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such foreign Patent shall file with his application the assignment, duly proved, under which he claims a Patent in this province, and an affidavit setting forth the date of the Patent abroad, that the article thereby patented has not been in public and common use in this province, and that he is the assignee for a good consideration.
VIII. Every Patent granted in this province shall be assignable either as to the whole interest therein, or any fractional part thereof, by instrument in writing, which assignments, and also every grant or conveyance of the exclusive right under any Patent, to make and use, and to grant to others the right to make and use, the thing patented in this province, or
in any part thereof, shall be recorded in the office of the Provincial Secretary within three months after the execution thereof, such execution being duly proved by the oath of a subscribing witness; and thereafter every such grantee or assignee shall, in all respects and to all intents and purposes, stand in the stead or place of the original Patentee, to the extent or proportion of the interest so granted or assigned.
IX. If, without the consent in writing of a patentee or his legal representatives, any persoti shall make, devise, use, or sell the thing, invention, or discovery, whereof the exclusive right is secured to such patentee, the person so offending shall forfeit and pay to the patentee or his legal repre- sentatives a sum equal to three times the actual damage sustained by reason of such offence; which sum shall be recoverable, with costs of suit, by action on the case founded on this Act in the Supreme Court.
X. Copies of specifications, depositions, assign- ments, grants, and all other papers or documents filed in the Provincial Secretary's office in connec-
tion with a Patent under the provisions of this Act, certified under the hand of the Secretary of the province, shall be received as competent evidence in all Courts where any matter or thing concerning such Patent shall come in question.