an application for any of the purposes hereinafter mentioned shall be entertained, that is to say: On petition for a patent for five years-- On petition for extension from five to ten years. On petition for extension from ten to fifteen years On lodging a caveat ---- On asking to register a judgment pro tanto----- $20 00 20 00 20 00 5 00 4.00 2.00 4 00 4 00 4 00 On office copies of documents, not above mentioned, the following charges shall be exacted: For every single or first folio of certified copy-For every subsequent hundred words, (fractions from and under fifty being not counted, and over fifty being counted for one hundred)---(§ 34.) 50 25 176. FEES, &c.-For every copy of drawings the party applying shall pay such sum as the Commissioner considers a fair remuneration for time and labor expended thereon by an officer of the department or person employed to perform such service. (§ 35.) 177. FEES, &C.-The said fees shall be in full of all services performed under this act in any such case by the Commissioner or any person employed in the Patent Office. (§ 36.) 178. FEES, &c.-All fees received under this act shall be paid over to the Receiver General, and form part of the consolidated revenue fund of Canada, except such sums as may be paid for copies of drawings when made by persons not receiving salaries in the Patent Office. (§ 37.) 179. COMMISSIONER HAS POWER TO RETURN ONE HALF OF GOVERNMENT FEE.-No fee shall be made the subject of exemption in favor of any person; and no fee, once paid, shall be returned to the person who paid it, except: 1. When the invention is not susceptible of being patented; 2. When the petition for a patent is withdrawn. And in every such case the Commissioner may return one half of the fee paid; And in the case of withdrawal, a fresh application shall be necessary to revive the claim, as if no proceeding had taken place in the matter. (§ 38.) SEC. XVII. Miscellaneous Provisions. 180. Applicant may file a caveat. cant of rejection. 183. Appeal to Governor in Council. 184. Interfering applications. 185. Documents in Patent Office to be open to inspection of the public, except caveats. 186. Clerical errors. 187. Lost or destroyed patent may be replaced. stamp an article as patented when such is not the case. 192. Punishment of offenders for making false entry or copy. 193. All acts inconsistent with present act repealed. 194. Title of act: The Patent Act of 1869. 188. Use of patented inventions al- 195. Act to commence and take effect lowed in foreign ships. July 1, 1869. 180. INTENDING APPLICANT MAY FILE A CAVEAT.-An intending applicant for a patent, who has not yet perfected his invention or discovery and is in fear of being despoiled of his idea, may file in the Patent Office a description of his invention or discovery so far, with or without plans, at his own will; and the Commissioner, on reception of the fee hereinbefore prescribed, shall cause the said document to be preserved in secrecy, with the exception of delivering copies of the same whenever required by the said party or by any judicial tribunal— the secrecy of the document to cease when he obtains a patent for his invention or discovery; and such document shall be called a caveat. Provided always that if application shall be made by any other person for a patent for any invention or discovery with which such caveat may in any respect interfere, it shall be the duty of the Commissioner forthwith to give notice by mail to the person who has filed such caveat, and such person shall within three months after the date of mailing the notice, if he would avail himself of the caveat, file his petition and take the other steps necessary on an application for patent, and if, in the opinion of the Commissioner, the applications are interfering, like proceedings may be had in all respects as are by this act provided in the case of interfering applications. Provided further, that unless the person filing any caveat shall, within four years from the filing thereof, have made application for a patent, the caveat shall be void. (§ 39.) 181. CAUSES WHY COMMISSIONER MAY REFUSE TO GRANT A PATENT.-The Commissioner may object to grant a patent in the following cases: 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 herein before 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 |