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PUBLIC RECORD OFFICE
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Reference -
LLC.O.
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PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE COPYRIGHT PHOTOGRAPH-NOT TO BE REPRODUCED PHOTOGRAPHIC-
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the same will be considered, which time shall not he sooner than sixty days after publication of the notice; the Lieutenant-Governor in Council shall appoint three fit and proper persons, who shall constitute a Board, to hear and decide upon such application; they shall meet at the time and place appointed, and shall hear any person
who may appear to show cause why such extension should not be granted; the patentee shall furnish to the Board a statement in writing, under oath, of the ascertained value of his invention, and of its receipts and expenditures, sufficiently in detail to ascertain the amount of profit or loss from the same.
NEW BRUNSWICK.
Lieutenant-Governor, No. 6. January 28, 1854.
XXVII. If, upon the hearing, it shall appear to Proceedings in order to obtain that
the satisfaction of the Board, having due regard to the public interest, that the term of a Patent should be extended, by reason of the patentee, without default or neglect on his part, having failed to obtain from the sale of his invention a reasonable remune- ration for the time, ingenuity, and expense bestowed upon the same, and its introduction into use, they shall certify the same to the Lieutenant-Governor, who shall thereupon direct the Provincial Secretary to endorse upon the Letters-Patent a certificate that the same has been extended for a further term of seven years from and after the expiration of the original term; the certificate of the Board to the Lieutenant-Governor, and his order thereupon for an extension of the term of the Patent, with a copy of the certificate endorsed on the Patent, shall be recorded in the Provincial Secretary's office, and thereupon the said Patent shall have the same legal effect as if the additional term so added had been included in the term originally granted; and the benefit of such extension of term shall extend to all grantees and assignees of the original patentee to the extent of their respective interests in the Patent: Provided always, that no extension of a Patent shall be granted after the expiration of the term for which it was originally granted.
XXVIII. If any person shall affix to anything made, used, or sold by him, the name or imitation of, or a fraudulent similarity to, the name of any other person who shall have obtained Letters-Patent for the sole making or vending of such thing, with-
extension.
Penalties for falsely marking patented articles, or vending unpatented articles
as being patent.
NEW BRUNSWICK.
Lieutenant-Governor, No. 6, January 28, 1854.
Date of Patent to be affixed to each
patented article.
Special pleas prohibited; special matter may be given in evidence under general issue: provisions
as to corts.
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out consent of the patentee or his legal representa- tives, or shall affix the words ** Patent," Patentee," or "Letters-Patent," or other words of the same meaning or import, on any unpatented article, for the purpose of deceiving the public, the person so offending shall be liable for each offence to a penalty
of twenty-five pounds with costs, to be recovered by action in the Supreme Court of this province, one- half of such penalty, when recovered, to be paid into the Provincia! Treasury, and the other half to the party who shall sue for the same.
XXIX. Patentees and their representatives are hereby required to stamp or affix on each patented article offered for sale, or on the vessel or package containing the same, the date of the Patent; and every party offending shall for each offence be liable to a penalty of five pounds, to be recovered and applied as provided in the preceding section.
XXX. In actions brought under this Act no special plea shall be allowed, but every defendant may plead the general issue, and give this Act in evidence, and also any special matter of which he shall have given notice in writing at the time of delivering the general issue; and whenever a defen- dant relies on a previous invention, knowledge, or use of the thing patented, he shall state in his notice of special matter to be given in evidence the names and places of residence of those by whom he intends to prove the same; and if a verdict and judgment shall pass for the defendant, the Patent under which the plaintiff claims shall thenceforth be void and of no effect; and whenever a plaintiff fails to sustain his action on the ground that in his specification or claim for a Patent is embraced more than that of which he is the first inventor, and it shall appear that the defendant had used any part of the inven- tion justly and truly specified and claimed as new, the Court may make such order as to costs as shall be just and equitable, but no action shall be sus- tained for an offence committed under the provisions
of this Act unless the same shall be commenced within six months next after the knowledge of the offence committed.
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