CO885(1-2) — Page 453

PUBLIC RECORD OFFICE

Reference :-

111C.O.885

PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

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with the delivery of the model at the Secretary's office, if he shall deem it right to do so.

VIII. Any patentees may assign all his right in such invention and discovery to any person, and the assignee thereof, having recorded such assignment in the Secretary's office, shall stand in the stead of the original patentee, as well as regards all his rights as all his liabilities; and the assignee of any such assignee shall also be considered to be in the stead of the original patentee.

IX. Whenever any Letters-Patent shall be granted to any person, and any other person, without the consent of the patentee or his representatives first had in writing, shall make, use, or sell the invention or discovery whereof the exclusive right is secured to such patentee, the person so offending shall be answerable to him or his representatives in damages.

X. The defendant in such action may plead the general issue, and give this chapter and every special matter in evidence to prove that the specification filed by the patentee does not contain the whole truth relative to the invention or discovery alleged to have been made by him, or contains more than is necessary to produce the described effect, which concealment or addition shall fully appear to have been fraudulently made, or that the invention or discovery so secured by Letters-Patent was not originally discovered by the patentee, but had been in use or had been described in some public work anterior to the supposed invention or discovery of such patentee, or that such patentee bad surrep- titiously obtained such Letters-Patent for the inven- tion or discovery of some other person; in either of which cases, upon proof thereof, the verdict shall be found and judgment entered thereon for the defend- ant, with costs, and such Letters-Patent by the Court shall thereupon be adjudged void.

Executive Council.-Whereupon the members of the Board, concurring with his Excellency on the subject, the Council are of opinion that nothing tends more to promote manufactures than the exten- sion of Patent privileges under suitable guards, and perceive no objection to the extension here of Patents

NOVA SCOTIA.

Lieutenant-Governor, No. 49, June 8. 1853.

NOVA SCOTIA.

Leutenant-Governor. No. 49. June 8, 1853.

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granted in the mother-country, with the restriction that before coming into force in the Colony, such Patents be registered here, with copies of drawings and specifications, and that duplicates of models be lodged in the proper office. That the Legislature should, at its next session, assimilate the laws of Nova Scotia with those of New Brunswick and Canada (which seem to have been well framed), as far as practicable. The law of New Brunswick allows English and foreign Patents to come into operation when registered. The law of Canada gives effect to British and United States' Patents, on registration. The fees to be paid should be as moderate as possible, that, whilst affording suitable remuneration for necessary official services, parties | would not be deterred by the amount from applying for Patent privileges.

An Act to extend the provisions of the Patent Laws. Passed the 4th day of April, 1853.

Be it enacted by the Governor. Council, and Assembly, as follows:——

1. Any British subject, who shall have been au inhabitant of Canada, New Brunswick, Prince Edward's Island, or Newfoundland, for the space

of one year previous to his application, upon his having complied with the provisions of chapter one hundred and twenty of the revised statutes of "Patents for Useful Inventions," shall obtain Letters- Patent for any useful invention or improvement, notwithstanding his residing out of this Province, to the same extent, in every respect, as if he had been an inhabitant thereof, and had resided therein for one year previous to such application; and after such Letters-Patent are obtained, such person shall

be entitled to all the rights and privileges by such Acts conferred.

II. The affidavit required by such chapter may

be sworn by the person making such application before any judge of the Province or Colony in which such person shall reside.

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