-
18
of matter, included in such Letters-Patent, prior to the application therefor by the party entitled thereto, under this Act. shall be held to possess the right to use, and to vend to others to be used, the specific machine, manufacture, or composition of matter, so actually purchased, constructed, or used by him, before such application as aforesaid, without liability to the patentee or other person interested in the invention for which Letters-Patent shall have been obtained, as aforesaid, for such section of the Province.
II. And whereas it is expedient to repeal the several Acts of Upper and Lower Canada respec- tively, relating to Letters-Patent for inventions, and to consolidate and re-enact, as applicable to the whole Province, such of the provisions thereof as have been found useful, and as are not inconsistent with the Act cited in the preamble to this Act : Be it therefore enacted, that the Act of the Parlia
of year ment of Lower Canada, passed in the sixth the reign of King William the Fourth, and intituled
CANADA,
Governor, No. 122, August 25, 1856.
Act of Lower Canada, & Win. IV,
cap. 34, and of Upper Canada,
7 Geo. IV, cap. 5, repealed.
· An Act to repeal certain Acts therein mentioned, and to consolidate the provisions therein made for the encouragement of useful arts in this Province;" and the Act of the Parliament of Upper Canada, passed in the seventh year of the reign of King George the Third, and intituled “An Act to encourage the progress of useful arts within this Province" shall be, and the said Acts are hereby repealed; but all Letters-Patent lawfully issued Proviso. under either of them shall remain in force and be of the same effect as if the Act under which it was issued had not been repealed, but subject to the provisions of this Act and to those of the Act cited
in the preamble of this Act.
III. And be it enacted, that the Letters-Patent What Letters-Patent shail ect
to be hereafter granted under the Act cited in the
preamble to this Act, shall recite briefly the sub- stance of the petition upon which they are granted, and shall contain a short description of the inven- tion or discovery for which they are granted, referring for a fuller description thereof, and for more ample details, to the specification, and shall grant to the petitioner, his assigns, and legal repre- sentatives, for the period of fourteen years from
tain, &c.
J
PUBLIC RECORD OFFICE
Reference -
C.O.885
2 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
CANADA.
Governor, No. 122, August 25, 1836.
of the Crown.
19
the granting of the same, the full and exclusive right and liberty of making, constructing, using, and vending to others to be used, the said invention or discovery, and such Letters-Patent shall, before the same are represented to the Governor for his signature, and before the Great Seal of the Province is thereunto affixed, be examined by Her Majesty's
To he examined by the Law Officers Attorney-General or Solicitor-General for Upper or Lower Canada, who shall, if he shall find them conformable to law, certify accordingly, and the sume shall then be presented to the Governor for his signature, and the Great Seal of the Province shall be thereunto affixed, after they have been signed by him, and the same shall be good and available to the grantee, after they shall have been recorded in a book to be kept for that purpose in the office of the Provincial Secretary and Registrar, and shall, when so recorded, he delivered by the proper officer to the patentee or his order.
As to inventions being improve- mis on patented inventions,
Proviso.
Inventor to make a solemn declara-
IV. Provided always, and be it enacted, that any person who shall have discovered an improvement in any machine or composition of matter which shall have been patented, and shall have obtained a Patent for such improvement, shall not be at liberty to make, use, or vend the original invention, but the improvement only; nor shall the first inventor be at liberty to use the improvement: And it is hereby enacted and declared, that simply changing the form or the proportion of any machine or compo- sition in any degree, shall not be deemed a dis-
covery.
V. And be it enacted, that every inventor, before
tion that he believes himself to he can receive a Patent, shall make a solemn decla-
be the inventor. aud to file a
"pecification, drawings, &c.
ration that he does verily believe that he is the true inventor or discoverer of the art, machine, or im- provement for which he solicits a Patent (which declaration may be made before any Justice of the Peace), and shall deliver a written description or specification in duplicate of his invention or improve- ment, and of the manner or process of compounding the same, in such full, clear, and exact terms, as to distinguish the same from all other things before known, and to enable any person skilled in the art or science of which it is a branch, or with which it is most nearly connected, to make, compound, and