CO885(1-2) — Page 444

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Korek

PUBLIC RECORD OFFICE

Reference -

TLC.O. 885

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ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

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NORTH AMERICA.

NEW BRUNSWICK,

Lieutenant-Governor Sir Edmund Heud.-When I received, last year, Mr. Merivale's circular of the 2nd January, 1853, a Bill affecting the Patent Laws in this Province was about to be considered by the Legislature. Such a Bill was enacted herc, and received the assent of Her Most Gracious Majesty in the course of the autumn.

The pending legislation was the original cause why I neglected to reply to the circular imme- diately; but I have to apologise for the delay which has inadvertently taken place since such legislation was complete.

I now inclose a report from the Attorney and Solicitor-General, together with a copy of the Act now in force in this Colony in the matter of Patents. I apprehend that it is unnecessary for me to enter into the abstract question of the general expediency of Patents, as extended from the mother-country to

the Colonies, or enforced in each Colony.

Looking only to the local interest of a small and

new community, where inventive ability properly developed is likely to be rare, I should almost doubt the expediency of any Patents at all.

Mr. Attorney-General Street and Mr. Solicitor- General Kinnear.—In respect to the communication from the Secretary of State, relative to the extend- ing of Patents granted in England to the Colonies, and as to the mode of proving the same therein, we beg to report, for the information of his Excellency

NEW BRUNSWICK.

Lieutenant-Governor, No. 6, January 28, 1854.

NEW BRUNSWICK.

Lieutenant-Governor, No. 6, January 28, 1854.

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the Lieutenant-Governor, that the Provincial Act of 16 Vict., c. 32, intituled "An Act to regulate the granting of Patents for useful Inventions," regulates the manner in which Patents shall be granted in this province, and also the manner in which Patents granted in England may be extended to this province, and the requisite proof thereof in such cases. (Vide sec. 25 of said Act.)

A copy of this Act, we conceive, will give all the information required by the despatel, and with that view we beg to subjoin one.

No Patent granted in England would, we appre- hend, extend to this Colony, unless so stated in the Patent, and then only by complying with the require- ments of the 25th section of the said recited Act,

Letters-Patent granted in England, under the provisions of the Imperial Act of 15 & 16 Vict, c. 83, require no further proof than the production of the same under the Great Seal.

16 VICT., c. 31, 32.

CAP. 32. An Act to regulate the granting of Patents for Useful Inventions." Passed, May 3, 1853.

Section

1. Letters-Patent may be granted by Lieutenant-

Governor.

2. Mode of applying for Patent.

3. Specifications, drawings, and models to be

lodged with Provincial Secretary.

4. Patents may be granted for articles patented

elsewhere.

5. Executor or administrator may take out Patent

for deceased inventor.

6. Assignee of inventor in this province may take

out Patent..

7. Assignee of foreign patentee may also take out

Patent.

8. Patents may be assigned wholly or in part.

9. Damages for infringement of Patent right.

10. Copies of documents and drawings, certified by Provincial Secretary, to be received in evi- dence.

11. Copies of Patents, documents, and drawings, to be furnished by Provincial Secretary to any

person applying.

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