PUBLIC RECORD OFFICE
C.O.
Reference -
885
PUBLIC RECORD OFFICE, LONDON
|ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-
COPYRIGHT PHOTOGRAPH-NOT TO
prior to the application for a Patent therefor, by a person claiming to be the inventor or discoverer thereof, shall be held to possess the right to use, and vend to others to be used, the specific machine, manufacture, or composition of matter, so made, purchased, or introduced, without liability therefor to the patentee or any other person interested in such invention; and no Patent shall be held to be invalid by reason of such purchase, sale, or use, prior to the application for such Patent as aforesaid, except on proof of abandonment of such invention to the public, or that such purchase, sale, or prior use has been or existed for more than one year prior to such application for a Patent.
or
XIII. And be it enacted, that any subject, inha- bitant of this Province as aforesaid, who by his industry, genius, efforts, and expense, may have invented or produced any new or original design for a manufacture, whether of metal
any mixed metals, or other material or materials, or any new and original design for the printing of woollen, silk, cotton, or other fabrics, or any new or original design for a bust, statue, or bas-relief, or composition in alto or basso-relievo, or any new or original impression or ornament, or to be placed on any article of manufacture, the same being formed in marble or other material, or any new and useful pattern or print or picture to be either worked into or worked on, or printed or painted or cast, or otherwise fixed on any article of manufacture, not known or used by others before his invention or production thereof, and prior to the time of his appli- cation for a Patent therefor, and who shall desire to obtain an exclusive property or right therein, to make, use, sell, and vend the same or copies of the same to others, to be by them made, used, sold, or vended, may make application in writing, by peti- tion to the Governor or Administrator aforesaid therefor, expressing such desire; and the Governor or Administrator aforesaid, on due proceedings had, as by the said Acts and this Act provided, may grant a Patent therefor as in the case now of an applica-
CANADA.
Governor, No. 122, August 25, 1856.
And the Patent not to be invali- dated, except in certain cases.
Provision with respect to
the
grauting of Patents for designs and works of art.
granted for more than seven years.
tion for a Patent: Provided that the duration of the Proviso: No such Patent to be said Patent shall be limited to seven years from the grant of the same, and that all the regulations and provisions in the said Acts and in this Act for the
CANADA.
Governor, No. 122, August 25, 1856.
A solemn declaration to be taken
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obtaining or protection of Patents, shall apply to applications for and to Patents granted under this
section.
XIV. And be it enacted, that a solemn declara- iu matters of Patents instead of tion shall be substituted for the oath required to be
an oath.
Penalty on persons counterfeiting
name of patentee, &c.
Proviso.
taken in the said Act, in matters of Patents, to the effect of the requirements of the said oath, except in suits, actions, or proceedings in Courts of Justice ių relation to Patents, and that when the applicant is not for the time being residing in the said Pro- vince, the said declaration shall be made before any Minister Plenipotentiary, Chargé d'Affaires, Consul, or Agent, holding commission under the Govern- ment of Great Britain, or any Notary Public of the country in which such applicant may be or happens to be at the time of making the same.
XV. And be it enacted, that if any person or persons shall write, paint, print, mould, cast, carve, engrave, or stamp upon anything made, used, or sold by him, for the sole making or selling of which he hath not or shall not have obtained Letters- Patent, the name or any imitation of the name of any patentee for the sole making or vending of such thing without the consent, in writing, of such patentee or of his assigns or legal representatives, or if any person upon any such thing not purchased from the patentee or from his assigns or representa- tives, or from a vendee, or not having his license or consent in writing, shall write, paint, print, mould, cast, carve, engrave, stamp, or otherwise make or affix the word or words "Patent," "Letters-Patent, ̈* by the "Queen's Patent," "Patentec," or any word or words of like kind, meaning or import, with the view or intent of imitating or counterfeiting the stamp, mark, or other device of the patentee, or shall affix the sume, or any word, stanıp, or device of like import on any unpatented article, for the purpose of deceiving the public, he shall be deemed to have committed a misdemeanor, and shall be punished by fine, or by imprisonment in the common jail of the district or county in which the offender is brought to trial, or by both fine and imprisonment, at the discretion of the Court trying the same: Provided the fine do not exceed fifty
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