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or vessel, where such invention or discovery is not so used for the manufacture of any goods to be vended within or exported from Canada. ($ 47.)
189. PATENT NOT TO AFFECT PREVIOUS PURCHASER OF INVENTION.—Every person who, before the issuing of a patent, has purchased, constructed, or acquired any invention or discovery, for which a patent has been obtained under this act, shall have the right of using and vending to others the specific art, machine, manufacture, or composition of matter patented, so purchased, constructed, or acquired before the issue of the patent therefor, without being liable to the patentee or his representatives for 80 doing; but the patent shall not be held invalid as regards other persons by reason of such purchase, construction, or acquisition, or use of the invention or discovery by the person first aforesaid, or by those to whom he
may have sold the same, unless the same was purchased, constructed, or acquired, or used for a longer period than one year before the application for a patent therefor. ($ 48.)
190. PATENTED ARTICLES TO BE STAMPED WITH DATE OF PATENT.—Every patentee under this act shall stamp or engrave on each patented article sold, or offered for sale, by him, the year of the date of the patent applying to such article, thus: “Patented 1869," or as the case may be; and any such patentee selling or offering for sale any such patented article not so marked, shall be liable to the punishment of a fine not to exceed $100, and in default of the payment of such fine to imprisonment not to exceed two months. (8 49.)
191. PUNISHMENT OF PARTIES WHO STAMP AN ARTICLE AS PATENTED WHEN SUCH IS NOT THE CASE.—Whosoever
writes, paints, prints, molds, casts, carves, engraves, stamps, or otherwise marks upon anything made or sold by him, and for the sole making or selling of which he is not the patentee, the name, or any imitation of the name, of any patentee for the sole making or selling of
, such thing, without the consent of such patentee, or without the consent of the patentee writes, paints, prints, molds, casts, carves, engraves, stamps, or otherwise marks upon anything not purchased from the patentee, the words “patent," “letters patent,” “Queen's patent," “patented,” or any word or words of like import, with the intent of counterfeiting or imitating the stamp, mark, or device of the patentee, or of deceiving the public and inducing them to believe that the thing in question was made or sold by or with the consent of the patentee, shall be deemed to have committed a misdemeanor, and shall, on conviction, be punished therefor by fine or by imprisonment, or both, in the discretion of the court before which the conviction shall be had; but the fine shall not exceed $200, nor shall the imprisonment exceed three months. ($ 50.)
192. PUNISHMENT OF OFFENDERS FOR MAKING FALSE ENTRY OR COPY.—Any person willfully making or causing to be made any false entry in any register or book, or any false or altered copy of any document relating to the purposes of this act, or who shall produce or tender any such false or altered document, knowing the same to be such, shall be guilty of a misdemeanor, and shall be punished by fine and imprisonment accordingly. ($ 51.)
193. ALL ACTS INCONSISTENT WITH PRESENT ACT REPEALED.—Chapter thirty-four of the Consolidated Statutes of the late Province of Canada, respecting patents
for inventions, chapter one hundred and seventeen of the Revised Statutes of Nova Scotia, (third series,) chapter one hundred and eighteen of the Revised Statutes of New Brunswick, and any act amending any of the said chapters or any other act, are hereby repealed, in so far as they or any of them may be inconsistent with this act, or make any provision in any matter provided for by this act
, except only as respects all rights acquired and penalties or liabilities incurred under the said laws, or any of them, before the coming into force of this act. (8 52.)
194. TITLE OF ACT: THE PATENT ACT OF 1869.- When citing this act it shall be sufficient to call it “ The Patent Act of 1869.” ($ 53.)
195. Act to COMMENCE AND TAKE EFFECT July 1, 1869.—This act shall commence and take effect on the first day of July, 1869. ($ 54.)
XVIII. Rules, Regulations, and Forms of the Canadian
SEC. 196. Date of approval.
208. Extension. 197. Personal appearance.
209. Form of patent. 198. Applicant responsible.
210. Model. 199. Correspondence.
211. Fees. 200. Clerical requirements.
212. Time for perfecting application. 201. Address.
213. Separate inventions cannot be 202. Forms.
claimed in one application. 203. Petition.
214. Protest. 204. Joint application.
215. Cases of doubt. 205. Oath.
216. Caveat. 206. Specification.
217. Intricate cases. 207. Drawings.
218. General remarks. 196. DATE OF APPROVAL.- The following rules were approved by the Governor in Council on the 2d of July, 1869, under the patent act of 1869.
197. PERSONAL APPEARANCE.—There is no necessity for any personal appearance at the Patent Office, unless specially called for by order of the Commissioner or the Deputy Commissioner, every transaction being carried on by writing. (Rules of 2d July, 1869.)
198. APPLICANT RESPONSIBLE.-In every case the applicant or depositor of any paper is responsible for the merits of his allegations, and of the validity of the instruments furnished by him or his agent. (16.)
199. CORRESPONDENCE.—The correspondence is carried on with the applicant, or with the agent who has remitted or transmitted the papers to the office, but with one person only. (16.) 200. CLERICAL REQUIREMENTS. — All papers to be
clearly and neatly written on foolscap paper, and every word of them is to be distinctly legible, in order that no difficulty should be met with in taking cognizance of and in registering and copying them. (Ib.)
201. ADDRESS.-All communications are to be addressed in the following words: “To the Commissioner of Patents, Ottawa.” (16.)
202. FORMS.—As regards proceedings not specially provided for in the following forms, any form being conformable to the letter and spirit of the laws will be accepted, and if not so conformable will be returned for correction. (16.)
203. PETITION.—The petition asking for the granting of a patent of invention shall be made after the following form: (16.)
To the Commissioner of Patents,
Ottawa: The petition of (Christian name or names in full of inventor, inventors, assignee, or other legal representative of inventor), of the (city, town, or other locality, as the case may be), in the Province of (as the case may be], [trade or projession), showeth: That your petitioner has been a resident of Canada for at least one year next before the present application (mention to be made of place, and changes of residence); that he hath discovered (or “ invented,” as the case may be) a certain new and useful (art, “ machine," " manufacture,” or “composition of matter," as the case may be, or certain new and useful "improvements"], on a certain (art, “machine," "manufacture," or " composition of matter," as the case may be), now in ordinary use for (stating the use or object of the art, &c., as the case may be), to be called or known as ["name of invention or improvement"), and that such his discovery (or "invention,” as the case may be], was and is not known or used by others before his discovery (or “ invention," as the case may be) thereof, and was and is not, at the time of this application, in public use or for sale with his consent or allowance as such inventor (or discoverer, as the case may be]; and that the oath or affirmation, drawings, descriptions, and specifications thereof, in duplicate, are transmitted herewith, pursuant to the statute in such case made and provided; the said invention being [insert here a very short description of the invention and of its object).
Your petitioner, being desirous of obtaining an exclusive property in the said invention or discovery (as the case may be), therefore prays that a patent may be granted to your petitioner therefor for the term allowed by law; and, for the purposes of tie patent ait of 1869, your petitioner elects bis domicil in the [city, town, or locality, as the case may be), in the county of (name of county), in the Province of [name of Province).
(Signature of inventor.] (Place and date.]
204. Joint APPLICATION.-In case of joint applications, in cases of applications from assignees, heirs, or other legal representatives, the petition should, otherwise being made after the above given form, be altered, according to the circumstances of the case, to meet the requirements of the statute, particularly of $$ 8, 10, 11, 12. (Vide supra pp. 116, 117, 118.)
205. Oat.-The oath to be subscribed by an appli