proceedings had upon the writ in accordance with the meaning of this act the patent be adjudged to be void. (§ 29.) 171. CERTIFICATE OF JUDGMENT VOIDING PATENT TO BE ENTERED.-A certificate of the judgment voiding any patent shall, at the request of any person or party filing it to be of record in the Patent Office, be entered on the margin of the enrollment of the patent in the office of the Commissioner, and the patent shall thereupon be, and be held to have been, void and of no effect, unless and until the judgment be reversed on appeal, as hereinafter provided. (§ 30.) 172. JUDGMENT TO BE SUBJECT TO APPEAL.-The judgment declaring any patent void shall be subject to appeal to any court of appeal having appellate jurisdiction in other cases over the court by which the same was rendered. (§ 31.) SEC. XV. Patents Issued under Former Laws. 173. Existing provincial patents to remain in force. SEC. 174. Handing over records of pat ent offices to Commissioner. 173. EXISTING PROVINCIAL PATENTS TO REMAIN IN FORCE.-All patents issued under any act of the legislature of the late Province of Canada, or of Nova Scotia, or of New Brunswick, and all patents issued for the Provinces of Ontario and Quebec, under the act of the late Province of Canada, to the date of the coming into operation of the present act, shall remain in force for the same term and for the same extent of territory as if the act under which they were issued had not been re pealed, but subject to the provisions of this act in so far as applicable to them. 2. And it shall be lawful for the Commissioner, upon the application of the patentee named in any such patent, being the inventor or discoverer of the subject-matter of the patent and a British subject, or a resident in any Province of Canada for upwards of a year, if the subjectmatter of the patent had not been known or used, nor with the consent of the patentee on sale in any of the other Provinces of the Dominion, to issue, on payment of the proper fees in that behalf, a patent under this act, extending such provincial patent over the whole of the Dominion, subject to the provisions of the seventeenth section; but no patent so issued shall extend beyond the remainder of the term mentioned in the provincial patent. (§ 32.) 174. HANDING OVER OF RECORDS OF PROVINCIAL PATENT OFFICE TO THE COMMISSIONER.-All the records of the Patent Offices of the late Province of Canada, and of the Provinces of Ontario and Quebec, of Nova Scotia and New Brunswick, shall be handed over by the officers in charge of them to the Commissioner of Patents of invention or discovery, to form part of the records of the Patent Office for the purposes of this act. (§ 33.) 175. FEES HOW AND TO WHOM TO BE PAID.-The following fees shall be payable to the Commissioner before an application for any of the purposes hereinafter mentioned shall be entertained, that is to say: On petition for a patent for five years- $20 00 On petition for extension from five to ten yearsOn petition for extension from ten to fifteen. years 20 00 20 00 5 00 4 00 2.00 On lodging a caveat --- On asking to register a judgment pro tanto------ 4 00 4 00 4 00 On office copies of documents, not above mentioned, the following charges shall be exacted: For every single or first folio of certified copy-For every subsequent hundred words, (fractions from and under fifty being not counted, and over fifty being counted for one hundred)---(§ 34.) 50 25 176. FEES, &c.-For every copy of drawings the party applying shall pay such sum as the Commissioner considers a fair remuneration for time and labor expended thereon by an officer of the department or person employed to perform such service. (§ 35.) 177. FEES, &C.-The said fees shall be in full of all services performed under this act in any such case by the Commissioner or any person employed in the Patent Office. (§ 36.) 178. FEES, &c.-All fees received under this act shall be paid over to the Receiver General, and form part of the consolidated revenue fund of Canada, except such sums as may be paid for copies of drawings when made by persons not receiving salaries in the Patent Office. (§ 37.) 179. COMMISSIONER HAS POWER TO RETURN ONE HALF OF GOVERNMENT FEE.-No fee shall be made the subject of exemption in favor of any person; and no fee, once paid, shall be returned to the person who paid it, except: 1. When the invention is not susceptible of being patented; 2. When the petition for a patent is withdrawn. And in every such case the Commissioner may return one half of the fee paid; And in the case of withdrawal, a fresh application shall be necessary to revive the claim, as if no proceeding had taken place in the matter. (§ 38.) 180. INTENDING APPLICANT MAY FILE A CAVEAT.-An intending applicant for a patent, who has not yet perfected his invention or discovery and is in fear of being despoiled of his idea, may file in the Patent Office a description of his invention or discovery so far, with or without plans, at his own will; and the Commissioner, on reception of the fee hereinbefore prescribed, shall cause the said document to be preserved in secrecy, with the exception of delivering copies of the same whenever required by the said party or by any judicial tribunalthe secrecy of the document to cease when he obtains a patent for his invention or discovery; and such document shall be called a caveat. Provided always that if application shall be made by any other person for a patent for any invention or discovery with which such caveat may in any respect interfere, it shall be the duty of the Commissioner forthwith to give notice by mail to the person who has filed such caveat, and such person shall within three months after the date of mailing the notice, if he would avail himself of the caveat, file his petition and take the other steps necessary on an application for patent, and if, in the opinion of the Commissioner, the applications are interfering, like proceedings may be had in all respects as are by this act provided in the case of interfering applications. Provided further, that unless the person filing any caveat shall, within four years from the filing thereof, have made application for a patent, the caveat shall be void. (§ 39.) 181. CAUSES WHY COMMISSIONER MAY REFUSE TO GRANT A PATENT.-The Commissioner may object to grant a patent in the following cases: |