« iepriekšējāTurpināt »
give privilege unto the said
his executors, administrators, or assigns, or any of them, to use or imitate any invention or work whatsoever which hath heretofore been found out or invented by any other of our subjects whatsoever, and publicly used or exercised, unto whom our like letters patent or privileges have been already granted for the sole use, exercise, and benefit thereof: It being our will and pleasure that the said
his executors, administrators, or assigns, and all and every other person
persons to whom like letters patent or privileges have been already granted as aforesaid, shall distinctly use and practice their several inventions, by them invented and found out, according to the true intent and meaning of the same respective letters patent and of these presents: Provided likewise, nevertheless, and these our letters patent are upon this express condition, (that if the said
shall not particularly describe and ascertain the nature of his said invention, and in what manner the same is to be performed, by an instrument in writing under his hand and seal, and cause the same to be filed in
within calendar months next and immediately after the date of these our letters patent;] (and also if the said instrument in writing, filed as aforesaid, does not particularly describe and ascertain the nature of the said invention, and in what manner the same is to be performed;] and also if the said
his executors, administrators, or assigns, shall not pay or cause to be paid at the office of our Commissioners of Patents for inventions, that is to say, the sum of £50 stamp duty before the expiration of three years from the date hereof, and also £100 stamp duty before the expiration of seven years from the date of these our letters patent, and produce these our letters patent stamped with a proper stamp to these amounts respectively, pursuant to the provisions of the act of the sixteenth year of our reign, chapter 5; and also if the said
his executors, administrators, or assigns, shall not supply, or cause to be supplied, for our service all such articles of the said invention as he or they shall be required to supply by the officers or commissioners administering the department of our service for the use of which the same shall be required, in such manner, at such times, and at and upon such reasonable prices and terms, as shall be settled for that purpose by the said officers or commissioners requiring the same, that then, and in any of the said cases, these our letters patent, and all liberties and advantages whatsoever hereby granted, shall utterly cease, determine, and become void, anything hereinbefore contained to the contrary thereof in anywise notwithstanding: Provided that nothing herein contained shall prevent the granting of licenses in such manner and for such considerations as they may by law be granted; and, lastly, we do by
these presents, for us, our heirs and successors, grant unto the said his executors, administrators, and assigns, that these our letters patent, on the filing thereof, shall be in all and by all things, good, firm, valid, sufficient, and effectual in the law, according to the true intent and meaning thereof, and shall be taken, construed, and adjudged in the most favorable and beneficial sense for the best advantage of the said
his executors, administrators, and assigns, as well in all our courts of record as elsewhere, and by all and singular the officers and ministers whatsoever of Us, our heirs and successors, in our United Kingdom of Great Britain and Ireland, the Channel Islands, and the Isle of Man, [colonies to be mentioned, if any,) and amongst all and every the subjects of us, our heirs and successors, whatsoever and wheresoever, notwithstanding the not full and certain describing the nature or quality of the said invention, or of the materials thereunto conducting and belonging. In witness whereof we have caused these our letters to be made patent, this A. D. and to be sealed and bear date as of the said
year of our reign.
, A. D.
141. THE SPECIFICATION.—Should the applicant have preferred in the first instance to file a provisional specification, his next step will be the complete specification.
To all to whom these presents shall come:
send greeting: Whereas Her most Excellent Majesty Queen Victoria, by her royal letters patent, bearing date the day of
A. D. in the
year of her reign, did for herself, her heirs and successors, give and grant unto me, the said
her special license, that I, the said
my executors, administrators, and assigns, or such others as I, the said
my executors, administrators, and asEigns, should at any time agree with, and no others, from time to time, and at all times thereafter during the term therein expressed, should, and lawfully might, make, use, exercise, and vend, within the United Kingdom of Great Britain and Ireland, the Channel Islands, and the Isle of Man, (the colonies to be mentioned if, any,) an invention for (insert title as in letters patent), upon the condition (amongst others) that I, the said by an instrument in writing under my hand and seal, should particularly describe and ascertain the nature of the said invention, and in what manner the same was to be performed, and cause the same to be filed in
within calendar months next and immediately after the date of the said royal letters patent: Now, know ye that I, the said
do hereby declare the nature of my said invention, and in what manner the same is to be performed, to be particularly described and ascertained in and by the following statement, that is to say: [Describe the invention.] In witness whereof I, the said
, have hereunto set my hand and seal, this
[Signed by the applicant.] This will complete all the proceedings necessary for obtaining a patent in cases where no opposition is made.
Patentees are reminded that unless before the expiration of the third year a further sum of £50, and before the expiration of the seventh year a further sum of £100, be paid at the Patent Office, the letters patent will become void.
IX. Patent Laws of the Dominion of Canada.
[NOTE.—The new patent law of the Dominion came in force on the 1st of July, 1869, and abrogated the local provincial laws which previously to that time had been in force in the different provinces. Patents granted under those late laws will, however, still continue in force in the provinces for which they were granted for the unexpired periods they have to run. It will also be seen that, under certain conditions, those local patents may be extended over the entire Dominion.
During the passage of the patent bill through Parlia
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.)