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the case and determine as to costs. In any action for the infringement of a patent, the court, if sitting, or any judge thereof in chambers if the court be not sitting, may, on the application of the plaintiff or defendant respectively, make such order for an injunction restraining the opposite party from further use, manufacture, or sale of the subject matter of the patent, and for his punishment in the event of disobedience to such order, or for inspection or account, and respecting the same and the proceedings in the action, as the court or judge may see fit; but from such order an appeal shall lie under the same circumstances and to the same court as from other judgments or orders of the court in which the order was made. ($ 24.)
166. COURT MAY DISCRIMINATE IN CERTAIN CASES.Whenever the plaintiff fails to sustain his action, because his specification and claim embrace more than that of which he was the first inventor or discoverer, and it appears that the defendant used or infringed any part of the invention or discovery justly and truly specified and claimed as new, the court may discriminate, and the judgment may be rendered accordingly. ($ 25.)
167. DEFENSE IN Such CASES.-The defendant in any such action may specially plead as matter of defense any fact or default which by this act or by law would render the patent void; and the court shall take cognizance of that special pleading and of the facts connected therewith, and sħall decide the case accordingly. (§ 26.)
XIV. Nullity, Impeachment, and Voidance of Patents.
SEC. 168. Patents to be void in certain 170. Proceedings for impeachment cases, or only valid for part.
of patent. 169. Patents to be conditioned on 171. Certificate of judgment voiding manufacture in Canada with
patent to be entered. in three years; importing 172. Judgment to be subject to apthe article patented.
168. PATENT TO BE VOID IN CERTAIN CASES, OR ONLY VALID FOR PART.-A patent shall be void if any material allegation in the petition or declaration of the applicant be untrue, or if the specification and drawings contain more or less than is necessary for obtaining the end for. which they purport to be made, such omission or addi. tion being willfully made for the purpose of misleading; but if it shall appear to the court that such omission or addition is simply an involuntary error, and it is proved that the patentee is entitled to the remainder of his patent pro tanto, the court shall render a judgment in accordance with the facts, and determine as to costs, and the patent shall be held valid for such part of the invention described, and two office copies of such judgment shall be furnished to the Patent Office by the patentee, one to be registered and to remain of record in the office, and the other to be attached to the patent and made a part of it by a reference. ($ 27.)
169. PATENTS TO BE CONDITIONED ON MANUFACTURE IN CANADA WITHIN THREE YEARS; IMPORTING THE ARTICLE PATENTED.-Every patent granted under this act shall be subject, and expressed to be subject, to the condition that such patent, and all the rights and privileges thereby
granted, shall cease and determine and the patent shall be null and void at the end of three years from the date thereof, unless the patentee shall, within that period, have commenced, and shall after such commencement carry on in Canada, the construction or manufacture of the invention or discovery patented, in such manner that any person desiring to use it may obtain it, or cause it to be made for him, at a reasonable price, at some manufactory or establishment for making or constructing it in Canada, and that such patent shall be void if, after the expiration of eighteen months from the granting thereof, the patentee or his assignee or assignees, for the whole or a part of his interest in the patent, imports or causes to be imported into Canada the invention or discovery for which the patent is granted. ($ 28.)
170. PROCEEDINGS FOR IMPEACHMENT OF PATENT.–Any person desiring to impeach any patent issued under this act may obtain a sealed and certified copy of the patent, and of the petition, declaration, drawings, and specification thereunto relating, and may have the same filed in the office of the prothonotary or clerk of the superior court for the Province of Quebec, or of the court of queen's bench or common pleas for the Province of Ontario, or of the supreme court in the Province of Nova Scotia, or of the court of queen’s bench in the Province of New Brunswick, according to the domicil elected by the patentee as aforesaid, which courts shall adjudicate on the matter and decide as to costs. The patent and documents aforesaid shall then be held as of record in such court, so that a writ of scire facias under the seal of the court, grounded upon such record, may issue for the repeal of the patent for legal cause as aforesaid, if upon
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.
ed. ($ 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. (8 31.)
XV, Patents Issued under Former Laws.
remain in force.
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.)
XVI. Tariff of Fees.
SEC. 175–178. With reference to fees, 179. The Commissioner to have the
how and to whom to be power of returning one half of paid.
the Government fee. 175. FEES HOW AND TO WHOM TO BE PAID.—The following fees shall be payable to the Commissioner before