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PUBLIC RECORD OFFICE

C.O.

Reference →

885

2PUBLIC RECORD OFFICE, LONDON

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

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of that office, the fee of five pounds currency, which shall be in full of all fees due and payable by any such person petitioning for a Patent as aforesaid, with respect to such Patent, and for all services by what public officer soever performed, in relation thereto, whether by such Provincial Secretary or any other: Provided always, that for every copy or exemplification which may be required at the office of the said Secretary, of the enrolment of any such Patent, or of the specification or other document relating thereto, the person obtaining such copy shall pay at the rate of one shilling for every folio of seventy-two words, and a further sum of ten shillings for affixing the Great Seal to the exemplification of any such Patent; and for every copy of any draw- ing relating to such Patent, the party entitled to and obtaining the same shall pay such sum as the Provincial Secretary, or his deputy or person per- forming his duty, as aforesaid, shall consider a reasonable compensation for the time and labour expended thereon.

XI. Provided always, and be it enacted, that the privileges, clauses, provisions, powers, and legal remedies intended and mentioned by this Act, which are secured to, imposed upon, and apply to the inventor and discoverer of any new and useful art, machine, manufacture, or composition of matter, for which he or she shall make application for a Patent, shall be construed to extend to and to include, and are hereby declared to extend to and include, any subject of Ifer Majesty, being an inha- bitant of this Province, who shall in his or her travels in any foreign country have discovered or obtained a knowledge of, and be desirous of intro- ducing in this Province, any new and useful art, machine, manufacture, or composition of matter, not known or not in use in this Province, before his or

CANADA.

Governor, No. 122, August 25, 1856.

Proviso as to copies, exemplifies-

tions, drawings, &c.

Provisions of this Act extended to travellers bringing inventions from foreign countries.

her application for the same: Provided nevertheless, Proviso.

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that nothing herein contained shall extend to inven- Certain countries excepted. tions or discoveries of any new and useful art, machine, manufacture, or composition of matter, made, discovered, or used in the United States of America, or in any part of Her Majesty's dominions, in Europe or America, or be construed to prevent the free importation thereof into this Province, for sale, by any person or persons, or for their use or

CANADA.

Governor, No. 122, August 25, 1856.

Proviso: Such person to make a

solemn declaration that he be

lieves himself to be the first

introducer.

Act cited in the Preamble to apply

to Patents under this Act;

under either of the said Acts.

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otherwise, from the United States or Her Majesty's said dominions.

XII. Provided always, and be it enacted, that such person so desirous of introducing into this Province any invention, art, machine, manufacture,

or composition of matter, which he or she shall have discovered, or obtained a knowledge of, in any foreign country, shall, previous to obtaining a Patent for the same, in the manner prescribed in this Act as to inventors and discoverors, make a solemn declaration that he or she believes himself or herself to be the first introducer or publisher of such invention, art, machine, manufacture, or composition of matter, in this Province, and that he discovered or obtained a knowledge thereof while on his travels in some foreign country, not being one of the United States of America, or any of Her Majesty's dominions in Europe or America.

XIII. And be it enacted, that all the provisions and enactments of the Act cited in the preamble to this Act, shall apply to Patents issued under this Act, as fully and effectually as to Patents issued under either of the Acts hereby repealed; and the said Act shall, with regard to Patents to be issued here- after, be construed and have effect as if this Act were referred to in the said Act wherever reference is therein made to the Acts hereby repealed, or

And this Act to Patents obtained either of them; and the provisions of this Act rela- tive to matters subsequent to the issuing of any Letters-Patent, shall apply to Letters-Patent issued under either of the Acts hereby repealed, as fully as to Letters-Patent issuing after the passing hereof: Provided always, that the words "or the principle thereof," in the first section of the Act cited in the Preamble, shall be and are hereby repealed.

Proviso.

NEW BRUNSWICK.

Lieutenant-Governor, No. 3, January 23, 1857.

NEW BRUNSWICK.

Solicitor-General.-The application for a Patent must be by petition to the Governor, stating the nature of the invention or improvement, that it was

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not known or used by others before the applicant's invention or discovery, and is not at the time of the application in public or common use in the Pro- vince; and it must be verified by the oath of the applicant, to the best of his belief.

The petition must be accompanied by a written description of the invention or improvement, and of its principle and mode of application, so as to show its originality, and enable a skilled person to make or use it. It should also, when the case admits of it, be accompanied with drawings, references, and a model; or if it is a composition of matter, with specimens of ingredients sufficient for experiment. The description must be signed by the applicant, and attested by two witnesses.

If the applicant has obtained a Patent in Eng- land, a Patent subsequently granted in this Pro- vince for the same invention will expire with the first one; and in order to show the limitation of the English Patent, a copy of it should accompany the petition.

The assignee of a British patentee may obtain a Patent in this Province by petition to the Governor, stating that the assignment was made to him for a good consideration, and that the invention or im- provement has not been in public or common use in the Province prior to his application.

The allegations in the petition must be sworn to, and it must be accompanied with a copy of the Patent, and with the assignment of it.

The execution of the deed of assignment must be proved before the mayor or chief magistrate of a city, horough, or town corporate, in any part of the United Kingdom, and must be certified by such be may mayor, &c., under the corporate scal; or it proved before any Judge of the Courts of Queen's Bench, Common Pleas, or Exchequer, or Master in Chancery, in England or Ireland, or before any Judge or Lord of Session in Scotland; the handwrit- ing of such Judge, &c., being authenticated under the seal of a notary public.

The affidavit to verify the petition must be sworn before one of the persons before mentioned as hav- ing authority to take the proof of the assignment, and must be certified under the corporate or notarial scal.

If the applicant is a British subject and the

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NEW BRUNSWICK.

Lieutenant-Governor, No. 3, January 23, 1857.

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