ment strong efforts were made to obtain a more liberal law than the one we now publish—a law which would assimilate with those of other civilized countries, in not demanding residence as a necessary preliminary to the application for a patent, and also in extending the right of a patent to all inventors, irrespective of nationality. This last condition was carried, but the first failed. Prior residence of one year, immediately before making the application, being required, but without reference to nationality of the inventor or applicant; the Government holding out a promise that prior residence would also be dispensed with on the passage of the reciprocity treaty with the United States, then in contemplation.]

142. PATENT OFFICE CONSTITUTED.-There shall be attached to the Department of Agriculture, as a branch thereof, an office to be named the Patent Office; and the Minister of Agriculture for the time being shall be the Commissioner of Patents of invention; and it shall be the duty of the said Commissioner to receive all applications, fees, papers, documents, and models for patents, and to perform such acts and things respecting the granting and issuing of patents for new and useful inventions, discoveries, and improvements as are herein. provided for; and he shall have the charge and custody of the books, records, papers, models, machines, and other things belonging to the said office. (§ 1.)

143. SEAL.-The Commissioner shall cause a seal to be made for the purposes of this act, and may cause to be sealed therewith letters patent and other instruments and copies proceeding from the Patent Office; and all courts, judges, and other persons whomsoever

shall take notice of such seal, and receive impressions thereof in evidence, in like manner as impressions of the great seal are received in evidence, and shall also take notice of and receive in evidence, without further proof and without production of the originals, all copies or extracts certified under the seal of the said office to be copies of or extracts from documents deposited in such office. (§ 2.)

144. RULES AND REGULATIONS.-The Commissioner may from time to time, subject to the approval of the Governor in council, make such rules and regulations, and prescribe such forms, as may appear to him necessary and expedient for the purposes of this act, and notice thereof shall be given in the Canada Gazette; and all documents executed after the same and accepted by the Commissioner shall be held valid so far as relating to proceedings in the Patent Office. (§ 3.)

145. DEPUTY COMMISSIONER.-The Deputy of the Minister of Agriculture shall be the Deputy Commissioner of Patents of Invention; and the Governor may from time to time appoint such clerks and officers under him as may be necessary for the purpose of this act, and such clerks and officers shall hold office during pleasure. (§ 4.)

146. REPORT.-The Commissioner shall cause a report to be prepared annually and laid before Parliament of the proceedings under this act, and shall from time to time, and at least once in a year, publish in the Canada Gazette a list of patents granted, and may, with the approval of the Governor in council, cause such specifications and drawings as may be deemed of interest, or essential parts thereof, to be printed from time to time for distribution or sale. (§ 5.)

SEC.

X. Who may Obtain Patents.

147. Who may obtain a patent.

148. An original inventor, having

SEC.

150. A resident may obtain, but not vend a patent.

foreign patent, must apply 151. Joint applications to be made by joint inventors, and patents issue accordingly.

within six months.

149. Right of assignment.

147. WHO MAY OBTAIN A PATENT.-Any person having been a resident of Canada for at least one year next before his application, and having invented or discovered any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvement on any art, machine, manufacture, or composition of matter, not known or used by others before his invention or discovery thereof, or not being at the time of his application for a patent in public use or on sale in any of the provinces of the Dominion, with the consent or allowance of the inventor or discoverer thereof, may, on a petition to that effect presented to the Commissioner and on compliance with the other requirements of this act, obtain a patent, granting to such person an exclusive property therein; and the said patent shall be under the seal of the Patent Office and the signature of the Commissioner, or the signature of another member of the Privy Council, and shall be good and valid to the grantee, his heirs, assigns, or other legal representatives, for the period mentioned in such patent; but no patent shall issue for an invention or discovery having an illicit object in view, nor for any mere scientific principle or abstract theorem. (§ 6.)

148. AN ORIGINAL INVENTOR, HAVING FOREIGN PATENT, MUST APPLY WITHIN SIX MONTHS.-An original and true inventor or discoverer shall not be deprived of the right to a patent for his invention or discovery by reason of his having, previously to his application, taken out a patent therefor in any other country, at any time within six months next preceding the filing of his specification and drawing, as required by this act. (§ 7.)

149. RIGHT OF ASSIGNMENT.-The patent may be granted to any person to whom the inventor or discoverer entitled under the sixth section to obtain a patent has assigned or bequeathed the right of obtaining the same and the exclusive property in the invention or discovery in Canada, or, in default of such assignment or bequest, to the executor or administrator of the deceased inventor or discoverer, or other legal representative. (§ 8.)

150. A RESIDENT MAY OBTAIN, BUT NOT VEND A PATENT. Any person, having been a resident of Canada for at least one year next before his application, and who has invented or discovered any improvement on any patented invention or discovery, may obtain a patent for such improvement, but shall not thereby obtain the right of vending or using the original invention or discovery, nor shall the patent for the original invention or discovery confer the right of vending or using the patented improvement. (§ 9.)

151. JOINT APPLICATIONS TO BE MADE BY JOINT INVENTORS AND PATENTS ISSUE ACCORDINGLY.-In cases of joint applications, the patent shall be granted in the names of all the applicants; and in such cases any assignment from one of the said applicants or patentees to the other

shall be registered in the manner of other assignments.

152. OATH OR AFFIRMATION AS TO INVENTION MUST BE MADE BY APPLICANTS.-Every applicant for a patent, before he can obtain the same, shall make oath, or, when entitled by law to make an affirmation instead of an oath, shall make an affirmation, that he verily believes that he is, or that the person whose assignee or representative he is, is or was the true inventor or discoverer of the invention or discovery for which the patent is solicited, and that he, or the person whose assignee or representative he is, was a resident of Canada for one year next before the application, or, in case of death of the inventor or discoverer, for one year next before such death. Such oath or affirmation may be made before any justice of the peace in Canada; but if the applicant is not at the time in Canada, the oath or affirmation may be made before any minister plenipotentiary, chargé d'affaires, consul or consular agent, holding commission under the Government of the United Kingdom, or any judge of the country in which the applicant happens at the time to be. (§ 11.) 153. APPLICANT TO ELECT A DOMICIL IN CANADA.-The