PUBLIC RECORD OFFICE
C.O.
Reference :-
885
PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
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sentatives or assigns, for the period of fourteen years from the granting of the same after the said Letters- Patent shall have been recorded in the manner directed by the said Acts, and upon the assignment of the same previous to the grant aforesaid, for the same period, after such assignment.shall have been recorded in the office of the Secretary of the Pro- vince.
CANADA.
Governor, No. 122, August 25,,1856.
H. And be it enacted, that in any action for In actions for damages for infringe- ment of rights granted by damages for making, using, or selling the thing
Patent, the Court may grant treble costs. whereof the exclusive right is secured by any Patent heretofore granted or to be hereafter granted, the issue shall be tried by a jury, and if a verdict shall be rendered for the plaintiff in such action, it shall be in the power of the Court to reuder judgment on such verdict, to the amount found by such verdiet, as the actual damages sustained by the plaintiff, with treble costs; and such judgment shall be enforced and recovered in the same manner and by the same proceedings at law, as are used and in practice in that part of this Province in which the action shall be brought, as to any other judgment for damages :
Proviso: l'alent not void, in cer- tain cases, although the dis- covery was known in a forvigi country.
Provided always, that nothing herein contained shall Proviso as to matter of defence, have the effect or be construed to have the effect of depriving a defendant in any such action from specially pleading the matter of defence to the said action, specified and detailed in the said Acts: And further provided, that whenever it shall satis- factorily appear that the patentee, at the time of inaking his application for the Patent, believed himself to be the first inventor or discoverer of the thing patented, the same shall not be held to be void on account of the invention or discovery, or part thereof, having been before known or used in a foreign country, it not appearing that the same, or any material or substantial part thereof, had before been patented or described in any printed publica-
tion: And provided also, that whenever the plaintiff Proviso: Court may adjudge as to costs, although the plaintiff fails shall fail to sustain his action, on the ground that in
in his action. his specification of claim is embraced more than that of which he was the first inventor or discoverer, or if it shall appear that the defendant had used or violated any part of the invention, justly and truly specified and claimed as new, it shall be in the power of the Court to adjudge and award as to cost- as may appear to be just and equitable.
CANADA.
Governor, No. 122, August 25, 1856. Right of obtaining a Patent to
devolve on the legal represen tative, in case of the inventor's
decease before a Patent is granted.
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III. And be it enacted, that when any such subject, being an inhabitant of the said Province as aforesaid, hath made or shall have made any new invention, discovery, or improvement, on account of which a Patent might, by virtue of the said recited Acts or of this Act, be granted, and such person shall die before any Patent shall be granted therefor, the right of applying for and obtaining such Patent shall devolve on the executor or administrator of such person in trust for the heir at law of the deceased, in case he shall have died intestate, or on his legal representative in any other case, in as full and ample a manner, and under the same condi- tions, limitations, and restrictions, as the same was held or might have been claimed or enjoyed by the
As to the declaration in such case, decease in his lifetime; and when the application
Arbitration in case of interftring
applications.
Provisu as to parties having taken
l'atent in a foreign country.
Patents to be assignable in law as to the whole or any undivided part of the interest therein, and how assigned.
shall be made by such executor, administrator, or representative, the declaration required to be made and taken shall be so varied as to be applicable to him.
IV. And be it enacted, that in case of interfering applications for Patents, the decision of the same shall be made by arbitrators in the manner and according to the directions in the said recited Acts contained: Provided always, that nothing in the said Acts nor in this Act contained shall be construed to deprive an original and true in- ventor of the right to a Patent for his invention by reason of his having previously taken out Letters- Patent therefor in a foreign country, and of the same having been published at any time within six months next preceding the filing of his specification and drawing, as required by the said Acts or by this
Act.
and
V. And be it enacted, that every Patent shall be assignable in law, either as to the wholo interest or any undivided part thereof, by an instrument in writing, which assignment, and also every grant conveyance of the exclusive right under any Patent to make and use, and to grant to others to make and
use,
the thing patented within and throughout this Province, shall be recorded in the office of the
Provincial Secretary within two months from the execution thereof.
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