1. When he is of opinion that the alleged invention or discovery is not patentable in law;

2. When it appears that the invention or discovery is already in the possession of the public with the consent or allowance of the inventor;

3. When it appears that the invention or discovery has been described in a book or other printed publication before the date of the application, or otherwise in the possession of the public;

4. When it appears that the invention or discovery has already been patented, except, however, when the case is one within the seventh section of this act, or one in which the Commissioner has doubts as to whether the patentee or the applicant is the first inventor or discoverer. (§ 40.) 182. COMMISSIONER TO NOTIFY APPLICANT OF REJEC TION. Whenever the Commissioner objects to grant a patent, as aforesaid, he shall notify the applicant to that effect, and shall state the ground or reason therefor with sufficient detail to enable the applicant to answer, if he can, the objection of the Commissioner. (§ 41.)

183. APPEAL TO GOVERNOR IN COUNCIL.-Every applicant who has failed to obtain a patent by reason of the objection of the Commissioner, as aforesaid, may, at any time within six months after notice thereof has been addressed to him or his agent, appeal from the decision of the Commissioner to the Governor in Council. (§ 42.)

184. INTERFERING APPLICATIONS.-In cases of interfering applications for a patent the same shall be submitted to the arbitration of three skilled persons, one of whom shall be chosen by each of the applicants, and the third person shall be chosen by the Commissioner, or by his deputy, or the person appointed to perform the duty

of that office; and the decision or award of such arbitrators, or any two of them, delivered to the Commissioner in writing, and subscribed by them, or any two of them, shall be final as far as respects the granting of the patent.

2. If either of the applicants refuses or fails to choose an arbitrator, when required so to do by the Commissioner, the patent shall issue to the opposite party; and when there are more than two interfering applicants, and the parties applying do not all unite in appointing three arbitrators, the Commissioner or his deputy, or person appointed to perform the duty of that office, may appoint the three arbitrators for the purposes aforesaid. (§ 43.)

185. DOCUMENTS IN PATENT OFFICE TO BE OPEN TO INSPECTION OF THE PUBLIC, EXCEPT CAVEATS.—All specifications, drawings, models, disclaimers, judgments, and other papers, except caveats, shall be open to the inspection of the public at the Patent Office, under such regulations as may be adopted in that behalf. (§ 44.)

186. CLERICAL ERRORS.-Clerical errors happening in the framing or copying of any instrument of the Patent Office shall not be construed as invalidating the same, but when discovered they may be corrected under the authority of the Commissioner. (§ 45.)

187. LOST OR DESTROYED PATENT MAY BE REPLACED.In case any letters patent shall be destroyed or lost, others of the like tenor, date, and effect may be issued in lieu thereof, on the party paying the fees hereinbefore prescribed for office copies of documents. (§ 46.)

188. USE OF PATENTED INVENTIONS ALLOWED IN FOREIGN SHIPS.-No letters patent shall extend to prevent the use of any invention or discovery in any foreign ship

or vessel, where such invention or discovery is not so used for the manufacture of any goods to be vended within or exported from Canada. (§ 47.)

189. PATENT NOT TO AFFECT PREVIOUS PURCHASER OF INVENTION. Every person who, before the issuing of a patent, has purchased, constructed, or acquired any invention or discovery, for which a patent has been obtained. under this act, shall have the right of using and vending to others the specific art, machine, manufacture, or composition of matter patented, so purchased, constructed, or acquired before the issue of the patent therefor, without being liable to the patentee or his representatives for so doing; but the patent shall not be held invalid as regards other persons by reason of such purchase, construction, or acquisition, or use of the invention or discovery by the person first aforesaid, or by those to whom he may have sold the same, unless the same was purchased, constructed, or acquired, or used for a longer period than one year before the application for a patent therefor. (§ 48.)

190. PATENTED ARTICLES TO BE STAMPED WITH DATE OF PATENT.-Every patentee under this act shall stamp or engrave on each patented article sold, or offered for sale, by him, the year of the date of the patent applying to such article, thus: "Patented 1869," or as the case may be; and any such patentee selling or offering for sale any such patented article not so marked, shall be liable to the punishment of a fine not to exceed $100, and in default of the payment of such fine to imprisonment not to exceed two months. (§ 49.)

191. PUNISHMENT OF PARTIES WHO STAMP AN ARTICLE AS PATENTED WHEN SUCH IS NOT THE CASE.-Whosoever

writes, paints, prints, molds, casts, carves, engraves, stamps, or otherwise marks upon anything made or sold by him, and for the sole making or selling of which he is not the patentee, the name, or any imitation of the name, of any patentee for the sole making or selling of such thing, without the consent of such patentee, or without the consent of the patentee writes, paints, prints, molds, casts, carves, engraves, stamps, or otherwise marks upon anything not purchased from the patentee, the words "patent," "letters patent," "Queen's patent," "patented," or any word or words of like import, with the intent of counterfeiting or imitating the stamp, mark, or device of the patentee, or of deceiving the public and inducing them to believe that the thing in question was made or sold by or with the consent of the patentee, shall be deemed to have committed a misdemeanor, and shall, on conviction, be punished therefor by fine or by imprisonment, or both, in the discretion of the court before which the conviction shall be had; but the fine shall not exceed $200, nor shall the imprisonment exceed three months. (§ 50.)

192. PUNISHMENT OF OFFENDERS FOR MAKING FALSE ENTRY OR COPY.-Any person willfully making or causing to be made any false entry in any register or book, or any false or altered copy of any document relating to the purposes of this act, or who shall produce or tender any such false or altered document, knowing the same to be such, shall be guilty of a misdemeanor, and shall be punished by fine and imprisonment accordingly. (§ 51.)

193. ALL ACTS INCONSISTENT WITH PRESENT ACT REPEALED. Chapter thirty-four of the Consolidated Statutes of the late Province of Canada, respecting patents

for inventions, chapter one hundred and seventeen of the Revised Statutes of Nova Scotia, (third series,) chapter one hundred and eighteen of the Revised Statutes of New Brunswick, and any act amending any of the said chapters or any other act, are hereby repealed, in so far as they or any of them may be inconsistent with this act, or make any provision in any matter provided for by this act, except only as respects all rights acquired and penalties or liabilities incurred under the said laws, or any of them, before the coming into force of this act. (§ 52.)

194. TITLE OF ACT: THE PATENT ACT OF 1869.-When citing this act it shall be sufficient to call it "The Patent Act of 1869." (§ 53.)

195. ACT TO COMMENCE AND TAKE EFFECT JULY 1, 1869. This act shall commence and take effect on the first day of July, 1869. (§ 54.)

XVIII. Rules, Regulations, and Forms of the Canadian Patent Office.

196. DATE OF APPROVAL.-The following rules were