CO885(1-2) — Page 448

PUBLIC RECORD OFFICE

Reference -

TIC.O.,

€885

2 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH—NOT TO

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Judge to return all the papers to the Attorney. General with a certificate of his proceedings and judgment, which shall be recorded in the Provincial Secretary's office, and the judgment so recorded

shall

govern the further proceedings of the Attorney- General in the case; but no such judgment shall preclude any person interested from the right to contest the same in any Court where it may come in question: Provided always, that before making such appeal to a Judge, the appellant shall deposit with the Provincial Secretary the sum of twenty pounds to defray the expenses of the same.

NEW BRUNSWICK.

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

XVIII. Any person who shall have made a new Caveat may be filed for incomplete

and useful discovery or invention, but desires fur- ther time to mature the same, may file in the office

of the Provincial Secretary a caveat, setting forth its design or purpose, as also its principle and distiu- guishing characteristics, and praying that his rights may be protected until his invention is matured. Such' caveat shall be in force for one year, and no longer, and shall be filed in the confidential archives of the Provincial Secretary's office, and preserved in secresy; and if application shall be made by any person within one year from the time of filing the caveat, for a Patent of any discovery or invention which apparently would interfere with the rights of the party filing the caveat, it shall be the duty of the Provincial Secretary to deposit the description, specification, and drawings of the second applicant in the confidential archives of his office, and to give notice of the application, by mail or otherwise, to the person that filed the caveat, who within three months after receiving such notice, if he would avail himself of the benefit of his caveat, shall file his description, specification, and drawings; if in the opinion of the Attorney-General the specifications filed by the respective parties interfere with each other, the like proceedings shall be had by appeal as herein before described: Provided, however, that the opinion or decision of the Board of Examiners in such case shall not prevent any person interested from the right to contest the same in any Court where the validity of a Patent may come in question.

invention.

Proceedings in case of another ap

plication for Patent.

NEW BRUNSWICK.

Lieutenant-Governor, No. 6, January 28, 1854. Each Patenter confined to his own

invention or improvement.

Provision in case Patenter, without

fraud, claims too much.

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XIX. When Letters-Patent shall be obtained for any new and useful invention or discovery, and thereafter any person shall discover or invent an improvement thereupon, and shall apply for and obtain a Patent under this Act for the exclusive right to such improvement, it shall not be lawful for him to make, use, or vend the original invention or discovery, nor for the person who procured the Patent for the original invention or discovery, to make, use, or vend the improvement thereupon; and it is hereby declared and enacted, that simply changing the form or proportions of any machine, article, or composition of matter in any degree, shall not be deemed a discovery or improvement within the meaning of this Act.

XX. If by mistake, accident, or inadvertence, and without any

wilful default or intent to defraud or mislead the public, a patentee shall in his specifica- tion have claimed to be the original and first inventor or discoverer of any material or substantial part of the thing patented, but of which he was not the original or first inventor, and shall have no just or legal right to claim the same, his Patent in such case shall be deemed good and valid for so much of the invention or discovery as shall be actually his own, provided that it is a material and substantial part of the thing patented, and be plainly distin- guishable from other parts patented without right; and every such patentee and his legal representa- tives, whether holding the whole or a particular interest in the Patent, may maintain suits at law or in equity for any infringement of such part of the same as is actually the invention or discovery of the patentee, although his specification may embrace more than he has a legal right to claim; but if in such case the plaintiff shall obtain a verdict or judg- ment, he shall not be entitled to costs, unless before the commencement of the suit he shall have filed, in the office of the Provincial Secretary, a disclaimer, attested by one witness or more, of that part of the thing patented which was claimed without right: Provided always, that no person bringing a suit shall be entitled to the benefits of this section, if he shall have unreasonably neglected or delayed to record his disclaimer.

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