HE 55-56 VICTORIA. CHAP. 24. An Act further to amend The Patent Act. [Assented to 9th July, 1892.] ER Majesty, by and with the advice and consent of the Preamble. Senate and House of Commons of Canada, enacts as follows: 1. Section eight of The Patent Act, chapter sixty-one of the R. S. C., c. 61, Revised Statutes, is hereby repealed and the following substi- s. 8, amended. tuted therefor : foreign pa out. "8. Any inventor who elects to obtain a patent for his As to inveninvention in a foreign country before obtaining a patent for tions for which the same invention in Canada, may obtain a patent in Canada, tents have if the same be applied for within one year from the date of the been taken issue of the first foreign patent for such invention; and, if within three months after the date of the issue of a foreign patent, the inventor gives notice to the Commissioner of his intention to apply for a patent in Canada for such invention, then no other person having commenced to manufacture the same device in Canada during such period of one year, shall be entitled to continue the manufacture of the same after the Manufacture inventor has obtained a patent therefor in Canada, without the in Canada. consent or allowance of the inventor; and, under any circum stances, if a foreign patent exists, the Canadian patent shall Expiry of Canexpire at the earliest date on which any foreign patent for the adian patent. same invention expires." 2. The third subsection of section ten of the said Act is Sub-s. 3 of s. hereby repealed, and the following substituted therefor : 10 amended. make oath. "3. Such oath or affirmation may be made before a minister Before whom plenipotentiary, chargé d'affaires, consul, vice-consul or consular inventor may agent, a judge of any court, a notary public, a justice of the peace, or the mayor of any city, borough or town, or a commissioner for taking affidavits, having authority or jurisdiction within the place where the oath may be administered." 3. Section fourteen of the said Act is hereby repealed and the S.14 amended. following substituted therefor : Model to be furnished when required. "14. In all cases in which the invention admits of representation by model, the applicant, if required by the Commissioner, shall furnish a model of convenient size exhibiting its several parts in due proportion; and when the invention is a composition of matter, the applicant, if required by the Commissioner, shall Or specimens. furnish specimens of the ingredients, and of the composition, sufficient in quantity for the purpose of experiment. If such Precautions to ingredients or composition be of an explosive or dangerous be taken with character, they shall be furnished with such precautions as are stances. prescribed in the requisition therefor." dangerous sub S.15 amended. S.22 amended. Duration of patent. Duration when partial fee is paid. Further fee and certificate to extend in such cases. Effect of fur 4. Section fifteen of the said Act is hereby repealed and the following substituted therefor : "15. No application for a patent shall be withdrawn without the consent in writing of each and every registered assignee of such patent or any part thereof." 5. Section twenty-two of the said Act is hereby repealed, and the following substituted therefor : 22. The term limited for the duration of every patent of invention issued by the Patent Office shall be eighteen years; but at the time of the application therefor it shall be at the option of the applicant to pay the full fee required for the term of eighteen years, or the partial fee required for the term of six years, or the partial fee required for the term of twelve years: "2. If a partial fee only is paid, the proportion of the fee paid shall be stated in the patent, and the patent shall, notwithstanding anything therein or in this Act contained, cease at the end of the term for which the partial fee has been paid, unless at or before the expiration of the said term the holder of the patent pays the fee required for the further term of six or twelve and obtains from the Patent Office a certificate years, of such payment in the form which is, from time to time, adopted, which certificate shall be attached to and refer to the patent, and shall be under the signature of the Commissioner, or the signature of any other member of the Queen's Privy Council for Canada acting for him : the "3. If such second payment, together with the first payther payment. ment, makes up only the fee required for twelve years, then patent shall, notwithstanding anything therein or in this Act contained, cease at the end of the term of twelve years, unless at or before the expiration of such term the holder thereof pays the further fee required for the remaining six years, making up the full term of eighteen years, and obtains a like certificate in respect thereof." Sub-s. 1 of s. 37 amended. 6. Subsection one of section thirty-seven of the said Act, as enacted by section two of chapter thirteen of the Statutes of 1890, and amended by section one of chapter thirty-three of the Statutes of 1891, is hereby repealed and the following substituted therefor : "37. Every patent granted under this Act shall be subject, Conditions of and be expressed to be subject, to the following conditions: 66 patent. in Canada. (a.) That such patent and all the rights and privileges Manufacture thereby granted shall cease and determine, and that the patent shall be null and void at the end of two years from the date thereof, unless the patentee or his legal representatives, or his assignee, within that period or any authorized extension thereof, commence, and after such commencement, continuously carry on in Canada the construction or manufacture of the invention patented, in such a 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; into Canada. "(b.) That if, after the expiration of twelve months from the Importation granting of a patent, or any authorized extension of such period, the patentee or patentees, or any of them, or his or their representatives, or his or their assignee, for the whole or a part of his or their interest in the patent, imports, or causes to be imported into Canada, the invention for which the patent is granted, such patent shall be void as to the interest of the person or persons importing or causing to be imported as aforesaid: "2. Any question which arises as to whether a patent, Jurisdiction of Exchequer or any interest therein, has or has not become void, under Court in such the provisions of this section, may be adjudicated upon cases. by the Exchequer Court of Canada, which court shall have jurisdiction to decide any such question upon information in the name of the Attorney General of Canada, or at the suit of any person interested: other courts "3. This section shall not be held to take away or affect Jurisdiction of the jurisdiction which any court other than the Exchequer not ousted. Court of Canada possesses." 7. Section thirty-nine of the said Act, as amended by section S.39 repealed three of chapter thirteen of the Statutes of 1890, is hereby repealed and the following substituted therefor : "39. The following fees shall be payable before an applica- Tariff of fees tion for any of the purposes herein mentioned shall be received by the Commissioner, that is to say : Examination On asking for a copy of patent with On petition to reissue a patent after sur- $ cts. 4 00 4 00 "On office copies of documents, not above mentioned, the following charges shall be made : For every single or first folio of certified copy........ For every subsequent hundred words 0 25 י 10 0 8. On each application for a patent, a thorough and reliof applications able examination shall be made by competent examiners to be employed in the Patent Office for that purpose. for patents. Application of Act. 9. This Act shall only apply to patents issued after the passing hereof. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. 55-56 VICTORIA. CHAP. 25. An Act further to amend the Chinese Immigration Act. [Assented to 9th July, 1892.] HE ER Majesty, by and with the advice and consent of the follows: 1. Section thirteen of The Chinese Immigration Act, chap- R.S.C., c. 67, ter sixty-seven of the Revised Statutes, is hereby repealed, s. 13 repealed. and the following substituted therefor : turn. "13. Every Chinese person who wishes to leave Canada, Registration with the intention of returning thereto, shall give written of Chinese leaving Cannotice of such intention to the controller at the port or place ada and inwhence he purposes to sail or depart, in which notice shall be tending to restated the foreign port or place which such person wishes to visit, and the route he intends taking both going and returning, and such notice shall be accompanied by a fee of one dollar; and the controller shall thereupon enter in a register to be kept for the purpose, the name, residence, occupation and description of the said person, and such other information regarding him as is deemed necessary, under such regulations as are made for the purpose by the Governor in Council : on return. "2. The person whose name and description are so registered Refund of enshall be entitled, on his return, which shall be within six trance duty months of such registration, and on proof of his identity to the satisfaction of the controller (as to which the decision of the controller shall be final) to receive from the controller the amount of the entrance duty paid by him on his return.” 2. Notwithstanding anything in the next preceding section, Saving. any Chinese person who has left Canada under the provisions of the section thereby repealed may return to Canada thereunder at any time during six months from the passing of this Act. OTTAWA: Printed by SAMUEL EDWARD DAWSON, Law Printer to the Queen's most Excellent Majesty. |