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PUBLIC RECORD OFFICE
C.O.
Reference -
885
2 PUBLIC RECORD OFFICE, LONDON
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VI. And be it enacted, that every Patent here. after to be issued may be made and issued to the assignee or assignees of the inventor or discoverer,
CANADA.
Governor, No. 122, August 25, 1856.
of inventors.
Duplicate drawings to be furnished
hereafter by applicants.
the assignment thereof being first entered as aforesaid. Patents may be issued to assigneer and the application therefor being duly made, and specifications duly and solemnly declared by the said inventor; and in all cases the applicant for a Patent hereafter to be granted shall be held to furnish duplicate drawings, whenever the case admits of drawings, one of which shall be deposited in the office of the Provincial Secretury, and the other shall be annexed to the Patent, and considered a part of the specification thereof, and a copy of the specification shall be in all cases annexed to such Patent.
VII. And be it enacted, that whenever any Patent heretofore granted or hereafter to be granted as aforesaid shall be inoperative or invalid by reason of a defective or insufficient description or specifica- tion, if the error have or shall have arisen from inadvertency, accident, or mistake, and without any fraudulent or deceptive intention, it shall be lawful for the patentee to surrender such Patent and to obtain a new Patent to be issued to him for the same invention for the residue of the unexpired period of the origina! Patent, in accordance with the patentee's corrected description and specification; and in case of his death, or of any assignment by him made of the original Patent, a similar right
shall vest in his executor, administrator, or legal
A
new Patent may be obtained in
certain cases, upon surrender of
the defective one.
representative, and the Patent so re-issued, together Effect of the amended Patent,
with the corrected description and specification thereof, shall have the same effect and operation in law on the trial of all actions thereafter commenced for causes subsequently accruing, as if the same hud ́ been originally filed in such corrected form before the issuing of the original Patent.
VIII. And be it enacted, that, whenever, by mis. take, accident, or inadvertence, and without any wilful default or intent to defraud or mislead the public, any patentee shall have made his specification of claim too broad, claiming more than that of which he was the original or first inventor, some material and substantial part of the thing patented being
Provision with respect to patentes who has made his specification of claim too broad.
CANADA.
Governor, No. 122,
August 25, 1856.
The disclaimer shall not
pending actions, &c.
Proviso.
9
of
truly and justly his own, or shall have, in his specifi- cation, claimed to be the original and first inventor or discoverer of material or substantial
any
part the thing patented, of which he was not the first and original inventor, and shall have no legal or just right to claim the same, in every such case the said patentee, his executor, administrator, legal repre- sentative or assigns, whether of the whole or of a fractional interest thereof, may make disclaimer of such parts as he shall not claim to hold by virtue of the Patent or assignment thereof, stating in the said disclaimer the extent of his interest in such Patent; and such disclaimer shall be in writing, attested by one witness and recorded in the office of the said Secretary, and shall be thereafter taken and consi- dered as part of the original specification, to the extent of the interest possessed in the Patent or right secured thereby by the disclaimant, or by those claiming by or under him subsequent to the entry affect thereof: but such disclaimer shall not affect any actions pending at the time of its entry, except so far as may relate to the question of unreasonable neglect or delay in filing the same and the Patent shall be deemed good and valid for so much of the invention or discovery as shall be truly and bond fide his own, or not disclaimed, provided it shall be a material and substantial part of the thing patented, and be definitively distinguished from other parts so claimed without right as aforesaid: and such paten- tee, his executor, administrator, or legal representa- tive and assigns, whether of the whole or a frac- tional interest therein as aforesaid, shall be entitled to maintain a suit at law, or in equity, on such Patent for any infringement of so much of the invention or discovery as shall be bond fide his own, as aforesaid, notwithstanding such disclaimer or larger specifica- tion as aforesaid; and in case of judgment on verdict in his favour, he shall not be entitled to recover costs against the defendant unless he shall have entered as aforesaid, in the office of the Provincial Secretary, the said disclaimer of all that part of the thing patented so claimed without right; provided also, that no person bringing such suit shall be entitled to the benefits contained in this section who sball
have unreasonably neglected or delayed to enter in the said office the disclaimer as aforesaid.
D
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