CO885-(1-2) — Page 490

PUBLIC RECORD OFFICE

C.O.

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V

885

2 PUBLIC RECORD OFFICE, LONDON

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

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IX. And be it enacted, that whenever any appli-

cation shall be made to the Governor, or Adminis-

CANADA.

Governor. No. 122, August 25, 1856.

tions to existing Patents subject to revision as original applica tions.

trator, as aforesaid, for any addition of a newly claims for application for addi- discovered improvement. to be made to an existing Patent, or whenever a Patent shall be returned for correction and re-issue, the specification of claim annexed to every such Patent shall be subject to revision and restriction in the same manner as origi- ual applications for Patents, and such improvement shall not be granted in the one case, nor the re-issue allowed in the other case, until the applicant shall have entered a disclaimer, or altered his specifica- tion of claim in accordance with the revision or restriction thereon.

X. And be it enacted, that whenever a Patent shall be returned for correction and re-issue, and the patentee shall claim several Patents to be issued for distinct and separate parts of the thing patented, the same shall be granted in the same manner as original Patents: Provided always, that no addition of an improvement shall be made to any Patent here- tofore granted, nor any new Patent be issued for au improvement made in any machine, manufacture, or process. to the original inventor, assignee, or posses- sor of a Patent therefor, nor any disclaimer be admitted to entry, until a duplicate model and drawing of the thing originally intended, verified as aforesaid, shall have been deposited in the proper office therefor, nor shall any Patent be granted for an invention, improvement, or discovery, the model or drawing of which shall have been lost, until another model and drawing shall in like manner be depo- sited.

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XI. And be it enacted, that whenever any patentee shall desire an extension of his Patent beyond the term of its limitation, he may apply therefor, in writing, to the Governor or Administrator as afore- said, setting forth the grounds thereof, and eausing the notice of such application to be published three times each in the "Canada Gazette,” and in two other newspapers published respectively in the English and French languages in that section of the Province in which he shall reside, and also of the time of the said application, that any person may appear and show cause why the extension should not be granted;

Provision with respect to Patent».

returned for correction.

Provise: Additional and correctedi

models and drawings to be fur- nished.

Provision with respect to the

application of a patentee for an extention of his Patent beyour the term of its limitation.

CANADA.

Governor, No. 122. August 25, 1836.

The application shall be decided!

upon by a Board,

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And the President of the Executive Council for the time being, the Attorney-General for that part of the Province in which the applicant resides, and the Inspector-General for the time being, shall constitute a Board to hear and decide upon the said application and objection thereto, if such there be, who shall sit for that purpose at the time designated in the published notice thereof, at the office of the Regis- trar of the Province, at the city of Montreal, or where the seat of the Provincial Government may be, and a true statement on oath by the patentee shall be then and there submitted to the said Board of the ascertained value of the invention, and of the receipts and expenditure in detail, exhibiting a true and faithful account of the loss or profit in any

The Board may grant an extension manner accruing to him from the same.

for seven years.

Effect of the extension.

Provise.

Persons who have purchased. dis-

And if upon

a hearing of the matter it shall appear to the Board, having due regard to the public interest therein,} that the said term should be extended, by reason of the patentee, without fault on his part, having, failed to obtain from the use and sale of his inven- tion, a reasonable remuneration for the time, inge- nuity, and expense bestowed thereon, and the intro- duction thereof into use, the said Patent shall be renewed and extended by making a certificate thereon by the said Board, of such extension for the term of seven years from and after the expira- tion of the first term, which certificate, with a certificate of the judgment and opinion of the said Board, shall be entered in the said Secretary's office, and the said Patent shall thereupon have the same effect in law as if it had been originally granted for the term of twenty-one years; and the benefit of such renewal shall extend to assignees and grantees of the right to use the thing patented to the extent of their respective interest therein; Provided always, that no extension of a Patent shall be granted after the expiration of the term sought to be extended,

nor unless the petition or application therefor shall be presented six calendar months at the least before the expiration of such term.

XII. And be it enacted, that every person as covered, &c., machines, & aforesaid, or Corporation established in this Pro- prior to the application for a Patent by another person claim, vince, who has or shall have purchased, constructed, ing to be the inventor, entitled

to use such machines, &e.. with. invented, or discovered, as aforesaid, any new ut liability to patentee. machine, manufacture, or composition of matter,

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