CO885-(1-2) — Page 449

PUBLIC RECORD OFFICE

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C.O.

Reference :-

• 885

2 PUBLIC RECORD OFFICE, LONDON

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH—NOT TO

NEW BRUNSWICK.

Lieutenant-Governor, No. 6, January 28, 185-1.

Patents may issue for new and original designs in any art or manufacture.

English Patents not to be in force

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of his Patent, he may, upon the like proceedings being had in all respects as in the case of an original application, have the same annexed to his original description and specification; and the Provincial Secretary shall certify, upon such annexed descrip- tion and specification, the time of its being annexed and recorded, and thereafter it shall have the same effect in law as if it had been embraced in the original description and specification, and had been recorded therewith.

XXIV. Any person in this Province who may have invented or produced any new or original design for a manufacture of whatsoever material, or any new or original design for the printing of woollen, silk, cotton, or other fabrics, paper or other material, or any new or original design of art or ornament, not previously known or used by others, shall be entitled to a Patent, granting him the exclusive right and property therein, to make, and vend the same, for a term not exceeding

use,

seven years, upon such proceedings being had thereon in every respect as provided by this Act with reference to other Patents.

XXV. No Patent for any invention or discovery

in this province until copies of granted in England, subsequent to this Act coming drawings and specifications, and

duplicate of models, shall be into operation, and extending to the Colonies, shall lodged.

be of force and effect in this Province, until copies

The term of a Patent may he

extended.

of the original specification and drawings filed or duplicate of the models lodged in England, upon which such Patent was there obtained, shall be filed or lodged in the office of the Provincial Secretary, who shall grant a certificate of the lodging or filing of the same.

XXVI. If a patentee shall desire un extension of his Patent beyond the term to which it is limited, he shall apply, in writing, to the Lieutenant-Gover- nor in Council, setting forth the grounds of his application. and shall deposit with the Provincial Secretary the sum of twenty pounds, to defray expenses; the Provincial Secretary shall thereupon cause to be published in the "Royal Gazette," and also in at least one newspaper in every county of the Province in which a newspaper is published, a notice of such application, and of the time and place that G

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XXI. If through inadvertence, accident, or mis- take, a patentee shall have made his specification too broad by claiming more than that of which he was the original or first inventor (some material and substantial part of the thing patented being justly and truly his own), such patentee, or his legal repre- sentatives, may disclaim the excess; the disclaimer shall be in writing, and shall state the extent of interest in the Patent held by the party making the same; it shall be attested by one or more witnesses, and be recorded in the office of the Provincial Secre- tary; thereafter such disclaimer shall be taken and considered as part of the original specification to the extent of the interest possessed by the party making the same, or by those claiming under him, but no such disclaimer shall affect any action or suit pending at the time of its being recorded, except so far as inay relate to the question of unreasonable neglect or delay in recording the same.

XXII. It any Patent shall become inoperative or invalid, by reason of a defective or insufficient descrip- tion or specification, or by reason of the patentee claiming in his specification, as his own invention, more than he had a right to claim, and the error has arisen from inadvertency, accident, or mistake, and without any fraudulent or deceptive intention, it shall be lawful for the Lieutenant-Governor, upon the surrender of such Patent, and upon petition therefor, to cause a new Patent to be issued to the patentee, for the residue of the term mentioned in the first Patent, in accordance with the patentec's amended description and specification; in case of his death, or the assignment by him of the original Patent, or any fractional interest therein, the right shall vest in his legal representatives, to the extent of their respective interests in such Patent; and the Patent so reissued, together with the amended description and specification, shall have the same effect and operation in law as though the same had been originally filed, in such amended form, before the issuing of the original Patent.

NEW BRUNSWICK,

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

Patenter, in such case, may dis-

claim excess.

Defective Patent may be surrendered and new Patent may be issued.

XXIII. If an original Patentee shall be desirous Original l'atentee may secure im-

of adding a description and specification of an

improvement upon his original invention or discovery

made or discovered by him subsequent to the date

provement made by him.

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