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XII. Contents, Duration, Surrender, Reissue of Pat
ents, and Disclaimers.
powers granted thereby.
tified by minister of justice
before delivery. 160. New patent in case of error. 161. Patentee may make disclaimer.
157. CONTENTS OF THE PATENT AND POWERS GRANTED THEREBY.—Every patent granted under this act shall recite briefly the substance of the petition on which it is granted, and shall contain the title or name of the invention or discovery and a short description of the same, referring for a fuller detail to the specification, and shall grant to the patentee, his assigns and legal representatives, or in trust, as the case may be, for the period therein mentioned from the granting of the same, the exclusive right, privilege, and liberty of making, constructing, and using, and vending to others to be used, the said invention or discovery, and shall contain a condition that it is nevertheless subject to adjudication before any court of competent jurisdiction. ($ 16.)
158. DURATION OF PATENT.-Patents of invention or discovery issued by the Patent Office shall be valid for a period of five years; but at or before the expiration of the said five years the holder thereof may obtain an extension of the patent for another period of five years, , and after those second five years may again obtain further extension for another period of five years; and the instrument delivered by the Patent Office for such extension of time shall be in the form which may be froin time to time adopted, and shall be made in duplicate, one duplicate to remain of record and be duly registered, and the other to be attached, with reference, to the patent, under the seal of the Patent Office and signature of the Commissioner, or any other privy councillor in case of absence of the Commissioner. ($ 17.)
159. PATENT TO BE EXAMINED AND CERTIFIED BY MINISTER OF JUSTICE BEFORE DELIVERY.—Every such patent, and every instrument for granting a further extension of any patent, shall, before it is signed by the Commissioner or any other member of the privy council, and before the seal hereinbefore mentioned is affixed to it, be examined by the Minister of Justice, who, if he finds it conformable to law, shall certify accordingly, and such patent or instrument may then be signed and the seal affixed thereto, and, being duly registered, shall avail to the grantee thereof and be delivered to him. ($ 18.)
160. IN CASE OF ERROR THE COMMISSIONER MAY CAUSE New PATENT TO BE ISSUED.— Whenever any patent shall be deemed defective or inoperative by reason of insufficient description or specification, or by reason of the patentee claiming more than he had a right to claim as new, but at the same time it appears that the error arose from inadvertence, accident, or mistake, without any fraudulent or deceptive intention, the Commissioner may, upon the surrender of such patent and the payment of the further fee hereinafter provided, cause a new patent, in accordance with an amended description and specification to be made by such patentee, to be issued to him for the same invention or discovery, for any part or the whole of the then unexpired residue of the five years period for which the original patent was or might have been, as hereinbefore directed, granted. In case of the
death of the original patentee, or of his having assigned the patent, a like right shall vest in his assignee or legal representative: The new patent and the amended description and specification shall have the same effect in law, on the trial of any action thereafter commenced for any cause subsequently accruing, as if the same had been originally filed in such corrected form before the issue of the original patent. ($ 19.)
161. PATENTEE MAY MAKE DISCLAIMER.—Similarly, whenever, by any mistake, accident, or inadvertence, and without any willful intent to defraud or mislead the public, a patentee has made his specification too broad, claiming more than that of which he or the party through whom he claims was the first inventor or discoverer, or has in the specification claimed that he or the party through whom he claims was the first inventor or discoverer of any material or substantial part of the invention or discovery patented, of which he was not the first inventor or discoverer, and had no legal right thereto, the patentee may, on payment of the fee hereinafter provided, make disclaimer of such parts as he shall not claim to hold by virtue of the patent or the assignment thereof; such disclaimer shall be in writing and in duplicate, and attested in the manner hereinbefore prescribed for a patent, one copy to be filed and recorded in the office of the Commissioner, the other copy to be attached to the patent and made a part thereof by reference, and such disclaimer shall thereafter be taken and considered as part of the original specification. Such disclaimer shall not affect any action pending at the time of its being made, except in so far as may relate to the question of unreasonable neglect or delay in making it. In case of the death of the original patentee, or of his having assigned the patent, a like right shall vest in bis assigns or legal representatives respectively, any of whom may make disclaimer. The patent shall thereafter be deemed good and valid for so much of the invention or discovery as is truly the disclaimant's own and not disclaimed, provided it be a material and substantial part
a of the invention or discovery, and definitely distinguished from other parts claimed without right; and the disclaimant shall be entitled to maintain a suit for such part accordingly. ($ 20.)
XIII. Assignment and Infringement of Patents.
SEC. 162. Government of Canada may use 164. Penalty for infringement.
any patented invention by 165. Prosecution for infringement. making reasonable compen- 166. Court may discriminate in cer. sation.
tain cases. 163. Patents to be assignable.
167. Defense in such cases.
162. GOVERNMENT OF CANADA MAY USE ANY PATENTED INVENTION BY MAKING REASONABLE COMPENSATION.—The Government of Canada may always use any patented invention or discovery, paying to the patentee such sum as the Commissioner may report to be a reasonable compensation for the use thereof. ($ 21.)
163. PATENTS TO BE ASSIGNABLE.-Every patent for an invention or discovery, whensoever issued, shall be assignable in law, either as to the whole interest or as to any part thereof, by any instrument in writing; but such assignment, and also every grant and conveyance of any exclusive right to make and use, and to grant to others the right to make and use, the invention or discovery patented, within and throughout the Dominion of Canada, or within and throughout any one or more of the Provinces of Ontario, Quebec, Nova Scotia, or New Brunswick, or any part of any of such Provinces or of the Dominion, shall be registered in the office of the Commissioner; and every assignment affecting a patent for invention or discovery shall be deemed null and void against any subsequent assignee, unless such instrument is registered, as hereinbefore prescribed, before the reg. istering of the instrument under which such subsequent assignee may claim. ($ 22.)
164. PENALTY FOR INFRINGEMENT OF PATENT.--Every person who, without the consent in writing of the patentee, makes, constructs, or puts in practice any invention or discovery for which a patent has been obtained under this act, or procures such invention or discovery from any person not authorized to make or use it by the patentee, and uses it, shall be liable to the patentee in an action of damages for so doing; and the judgment shall be enforced, and the damages and costs as may be adjudged shall be recovered, in like manner as in other cases in the court in which the action is brought. ($ 23.)
165. PROSECUTION FOR INFRINGEMENT.-An action for the infringement of a patent may be brought before any court of record having jurisdiction to the amount of damages asked for, and having its sittings within the Province in which the infringement is said to have taken place, and being at the same time, of the courts of such jurisdiction within such Province, the one of which the place of holding is nearest to the place of residence or of business of the defendant, and such court shall decide