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YEARS.—All applications must be proceeded with and perfected within two years after the lodging of the petition, in default of wbich it will be regarded as abandoned, and all previous proceedings and payment of fees will be held at the expiration of that period as of no avail. (16.)
213. SEPARATE INVENTIONS CANNOT BE CLAIMED IN ONE APPLICATION.—Two or more separate inventions cannot be claimed in one application, nor patented in one patent, unless they are so dependent of and connected with each as to be necessarily taken together to obtain the end sought for by the inventor; and in this latter case the Commissioner of Patents is the judge as to whether or not the pretensions of the applicant are founded in fact and reason. (16.)
214. PROTEST.—The filing of a protest against the issuing of a patent shall not be taken in itself as a sufficient reason to withhold the granting of such patent to an applicant. (16.)
215. CASES OF DOUBT.-In cases of doubt, and in accordance with the letter and meaning of the law, patents may be issued for an invention already patented, a trial before a judicial tribunal being in such cases the only means of discovering who is the real or first inventor.
216. Caveat.-A caveat must be composed of a specification, (and drawings,) and as long as it remains uninterfered with, and that the filer is not called upon to lodge his application in due form on account of an intersering application, the said proprietor thereof can lodge with it additional papers, provided these papers are relevant exclusively to the perfecting of the same invention ių progress of completion. (16.)
217. INTRICATE CASES.-All cases connected with the intricate and multifarious proceedings issuing from the working of a law of patents of invention, which are not specially defined and provided for in these rules, shall be decided, in accordance with the merits of each case, by authority of the Commissioner of Patents, and the decision shall be communicated to the interested parties through the departmental correspondent of the Patent Office. (16.)
218. GENERAL REMARKS.-The correspondence with the department is carried through the Canadian mail free of postage. The forwarding of any paper should always be accompanied by a letter, and a separate letter should be written in relation to each distinct subject.
It is particularly recommended that reference should be made to the law before writing on any subject to the department, in order to avoid unnecessary explanations and useless loss of time and labor; and it is also recommended in every case to have the papers and drawings prepared by a competent person, for the interest both of the applicant and of the public service.
A sufficient margin should be left on paper, and especially on specifications and assignments, for the insertion of references or certificates and for the affixing of the seal thereto.
Although it is optional for the applicant to annex drawings to the specification of a caveat or not, still it is important in the party always to attach drawings to the said specification.
It must be remembered, that the better papers are executed the sooner the work is dispatched at the office,
and the surer the regularity of the proceedings is guarantied.
It must be remembered, when drawing the petition for a patent of inventions, that if a change in the residence mentioned has taken place during the year next to the date of the petition, the change or changes should be mentioned, in accordance with the twelfth section of the patent act of 1869. (16.)
XIX. Cape of Good Hope.
219. LAW, DATE, AND WHERE RECORDED.—Act No. 17, of 1860, dated 30th August, 1860. (See Commissioners of Patents' Journal, vide supra 71, No. 727, An., 1860.)
220. KINDS OF PATENTS.—Letters patent granted to the true and first inventor. Disclaimer and alterations. English patents granted before the 1st July, 1860, to be valid in the colony.
221. DURATION.-Fourteen years. Patents to expire at the end of the third or seventh year, if the requisite payments are not made. Letters patent for foreign inventions not to continue after expiration of foreign patent. Extension for a term not exceeding fourteen years after the expiration of the first term.
222. GOVERNMENT FEES.—On deposit of specification, £2 108.; to the Attorney General for any appointment, £2 4s. 6d.; on obtaining letters patent, £2 108.; at or before the expiration of third year, £10; at or before the expiration of seventh year, £20; to the Attorney General with particulars of objections, £2 4s. 6d.; on presenting petition for examination or confirmation, £2 10s.; every search and inspection, 1s.; entry of assignment or license, 108.; certificate of assignment or license, 10s.; filing memorandum of alteration or disclaimer, £2 10s.; entering any caveat, £2 10s.; copy or extract of any writing, per common law folio, 1s.
223. DOCUMENTS REQUIRED, AND WHERE TO BE LEFT.A complete specification (two copies) and drawings and models, if any, to be deposited at the office of the Colonial Secretary. Notice to proceed to be given to the Attorney General for publication in the government gazette and two local papers. Grant for letters patent issued by Attorney General after one month's notice. Letters patent, bearing date of deposit of specification, to be issued within three months after said warrant, or during the protection.
224. ASSIGNMENT:.—Registered as above, and legal copies thereof to be had.
More than twelve persons may have a legal and beneficial interest in one patent.
225. ORIGINALS OF SPECIFICATIONS AND DRAWINGS, DISCLAIMERS, &c.—To be filed at the end of six months, at a proper office, with indexes, registers, &c., for public inspection.
226. OTHER LEGAL PROVISIONS.-Patent of true inventor not to be affected by specification of pretended inventor. Letters patent may be repealed or withheld and specification canceled by writ of the supreme court, in the nature of a writ of scire facias in England. Letters patent not to prevent the use of invention in foreign
ships resorting to ports in the colony. Penalty for unauthorized uses of word "patent," £100.
227. Law, DATE, AND WHERE RECORDED.-Inventions ordinance, 1859. (See Commissioners of Patents' Journal, ride supra 71, No. 684, An., 1860.)
228. KINDS OF PATENTS.-Patents for invention and importation. English patents granted prior to the date of this ordinance admissible. Prerogative of Crown saved.
229. DURATION.-Fourteen years. Extension of fourteen years more on petition presented not more than year
and not less than six months before the expiration of original term. 230. GOVERNMENT FEES.–Stamp of petition, £10.
231. DOCUMENTS REQUIRED AND WHERE TO BE LEFT.Petition of the inventor, or his authorized agent, addressed to the Government, for leave to file specification, to be left with the Colonial Secretary of Government. Crown to refer petition for inquiry and report. Specification and declaration signed by inventor or his proxy.
232. SPECIFICATION, INSPECTION AND COPIES OF.-At the office of the Colonial Secretary. Fee, 5s. Certificate copies to be prima facie evidence. 233. ASSIGNMENTS.-Registered at the office of the