Lapas attēli

X. Who may Obtain Patents.


Sec. 147. Who may obtain a patent. 150. A resident may obtain, but not 148. An original inventor, having

vend a patent. foreign patent, must apply 151. Joint applications to be made within six months.

by joint inventors, and pat149. Right of assignment.

ents issue accordingly.

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 MONTIS.—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.

($ 10.)

XI. Conditions and Formalities.


Sec. 152. Oath or affirmation as to inven- | 155. Drawings to be furnished in

tion must be made by appli- duplicate, with references. cants.

156. Working model of invention, or 153. Applicants to elect a domicil in samples of ingredients, if a Canada.

discovery, required. 154. Nature of petition and specifi


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. (s 11.)


petitioner for a patent shall, for all the purposes of this act, elect his domicil at some known and specified place in Canada, and mention the same in his petition for a patent, and he shall in the same petition state the place or places in Canada at which he, or, if his application be as assignee or representative, the person whose assignee or representative he is, was resident during the year of residence required by this act, and the period of residence at each such place. ($ 12.)

154. NATURE OF PETITION AND SPECIFICATIONS.—The applicant shall in his petition for a patent insert the title or name of his invention or discovery, its object, and a short description of the same, and shall distinctly allege all the facts which are necessary under this act to entitle him to a patent therefor, and shall, with the petition, send in a written specification, in duplicate, of his invention or discovery, describing the same in such full, clear, and exact terms as to distinguish it from all contrivances or processes for similar purposes. ($ 13.)

155. DRAWINGS TO BE FURNISHED IN DUPLICATE, WITH REFERENCES.—The specification shall correctly and fully describe the mode or modes of operating contemplated by the applicant, and shall state clearly and distinctly the contrivances and things which he claims as new, and for the use of which he claims an exclusive property and privilege; it shall bear the name of the place where it is made, the date, and be signed by the applicant and two witnesses. In the case of a machine, the specification shall fully explain the principle and the several modes in which it is intended to apply and work out the same; in the case of a machine, or in any other case where the invention or discovery admits of illustration by means of drawings, the applicant shall also with his application send in drawings in duplicate, showing clearly all parts of the invention or discovery, and each drawing shall bear the name of the inventor or discoverer, and shall have written references corresponding with the specification, and a certificate of the applicant that it is the drawing referred to in the specification; but the Commissioner may require any greater number of drairings than those above mentioned, or dispense with any of them, as he may see fit; one duplicate of the specification and of the drawings, if any drawings, shall be annexed to the patent of which it forms an essential part, and the other duplicate shall remain deposited in the Patent Office. ( 14.)

156. WORKING MODEL OF INVENTION, OR SAMPLES OF INGREDIENTS, IF À DISCOVERY, REQUIRED.—The applicant shall also deliver to the Commissioner, unless specially dispensed from so·doing for some good reason, a neat working model of his invention or discorery, on a convenient scale, exhibiting its several parts in due proportion, whenever the invention or discovery admits of such model; and shall deliver to the Commissioner specimens of the ingredients and of the composition of matter sufficient in quantity for the purpose of experiment, whenever the invention is a composition of matter, provided such ingredients and compo

are not of an explosive character or otherwise dangerous, in which case they are to be furnished only when specially required by the Commissioner, and then with such precautions as shall be prescribed in the said requisition. ($ 15.)

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