PUBLIC RECORD OFFICE
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C.O.885
2PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
ནས་བ ད་་
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use the same; and in the case of any machine, he shall fully explain the principle and the several modes in which he has contemplated the application of that principle or character, by which it may be distinguished from other inventions; and shall accompany the whole with drawings and written references made in duplicate, where the nature of the case admits of drawing, or with specimens of the ingredients, or of the composition of matter, sufficient in quantity for the purpose of experi- ment; which description or specification, sigued by himself, and attested by two witnesses, shall be filed in the office of the Secretary of the Province, and certified copies thereof shall be competent evidence in all Courts where any matter or thing touching
CANADA.
Governor, No. 122, August 25, 1856.
Patent right shall come in question; and such A model may be required. inventor shall, moreover, deliver a model of the
machine by him invented, provided the Provincial
Secretary shall deem such model to be necessary.
VI. 'And be it declared and enacted, that every Patents to be assignable at law.
Patent, whether issued before or after the passing of
this Act, is and shall be assignable at law, and that.
the fifth section of the Act cited in the preamble to
this Act, does and shall apply, as well to Patents
issued before as after the passing of this Act.
VII. And be it enacted, that if any person shall Remedy for infringement of Patent.
inake or manufacture for sale, any article or compo- sition so invented, or shall make or manufacture, or make use of, any instrument or machinery, so invented or specified, the exclusive right of which shall, as aforesaid, have been secured to any person by Patent, without the consent of the patentec, his assigns or other lawful representatives, first obtained in writing, every person so infringing such Patent shall be liable to an action for the same, in which, besides such damages as shall be awarded by the party injured shall also recover treble costs, jury, the
to be taxed according to the course and practice of the Court in which the action shall have been brought.
VIII. Provided always, and be it enacted, that if at the trial in any such action it shall be made apparent, to the satisfaction of the Court (the defendant having specially pleaded the same), that
Patent to be void for fraud or wilful misdescription in specifi-
oation.
CANADA.
Governor, No. 122,
August 25, 1856.
Now interfering applications for
shall be dealt with.
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the specification filed by the patentee does not con- tain the whole truth relative to the invention or discovery to which it refers, or that it contains more than is necessary to produce the described effect (such concealment or addition fully appearing to have been made for the purpose of deceiving the public), or that the thing thus secured by Patent was not originally discovered by the patentee, or party claiming to be the inventor or discoverer in the specification referred to in the Patent, but had been in use, or had been described in some public work, anterior to the supposed discovery of the patentee, or that he had surreptitiously obtained a Patent for the invention or discovery of another person, in either of the said cases judgment shall be rendered for the defendant, with costs, and the Patent shall be declared void.
IX. And be it enacted, that in cases of interfering
a Patent for the same invention applications for any Patent, the same shall be sub- mitted to the arbitration of three skilled persons, one of whom shall be chosen by each of the appli- cants, and the third person shall be chosen by the Secretary of the Province, or by his Deputy or person appointed to perform the duty of that office; and the decision or award of such arbitrators, or any two of them, delivered to the Secretary in writing, and subscribed by them, or any two of them, shall be final, as far as respects the granting of the Patent; and if either of the applicants shall refuse or fail to choose an arbitrator, when required so to do by the Secretary of the Province, the Patent shall issue to the opposite party; and when there shall be more than two interfering applicants, and the parties applying shall not all unite in appointing three arbitrators, it shall be in the power of the said Secretary of the Province, or his deputy or person appointed to perform the duty of that office, to appoint the three arbitrators for the purposes afore-
Fees to be paid on obtaining a
Patent.
said.
X. And be it enacted, that every applicant, as aforesaid, presenting a petition, and signifying his desire to obtain a Patent pursuant to this Act, and the Act cited in the preamble to this Act, shall pay into the hands of the Secretary of the Province, or his deputy or person appointed to perform the duty
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