Distinction between a patented

improvements introduced upon it.

made, discovered or used in the United States of America, or in any part of Her Majesty's dominions in Europe or America, or shall prevent the free importation thereof into this province, for sale, by any person or persons, or for their use or otherwise, from the United States or from Her Majesty's said dominions.

Any person who has discovered an improvement in any machine or composition of matter which has been patented, article and the and has obtained a patent for such improvement, is not at liberty to make, use or vend the original invention, but the improvement only; nor is the first inventor at liberty to use the improvement; and simply changing the form or the proportion of any machine or composition in any degree, shall not be deemed a discovery. Every person, or corporation established in this province, having purchased, constructed, invented or discovered as aforesaid any new machine, manufacture or composition of matter prior to the application for a patent therefor by a person claiming to be the inventor or discoverer thereof, possesses the right to use and vend to others to be used, the specific machine, manufacture, or composition of matter so made, purchased, or introduced, without liability therefor to the patentee or any other person interested in such invention. And no patent is held to be invalid by reason of such purchase, sale, or use prior to the application for such patent as aforesaid, except on proof of abandonment of such invention to the public, or that such purchase, sale or prior use existed for more than one year prior to such application for a patent.

Infringement of patents.

If any person, without the consent of the patentee, his assigns or other lawful representatives first obtained in writing, makes or manufactures for sale any article or composition so invented, or makes or manufactures or makes use of any instrument or machinery so invented or specified, the exclusive right of which has been secured to any person by patent, the person so infringing such patent is liable to an action for the same, in which, besides such damages as may be awarded by the jury, the party injured shall also recover treble costs, to be taxed according to the course and practice of the court in which the action is brought. In any action for damages for making, using or selling the thing whereof the exclusive right is secured by any patent whensoever granted, the issue shall be tried by a jury, and if a verdict is rendered

for the plaintiff, the court may render judgment on such verdict, to the amount found by such verdict, as the actual damages sustained by the plaintiff, with treble costs; and such judgment shall be enforced and recovered in the same manner and by the same proceedings at law, as are used and in practice in that part of this province in which the action is brought as to any other judgment for damages.

Whenever it satisfactorily appears that the patentee at the time of making his application for the patent believed himself to be the first inventor or discoverer of the thing patented, the patent is not held to be void on account of the invention or discovery or part thereof, having been before known or used in a foreign country, if it does not appear that the same or any material or substantial part thereof had before been patented or described in any printed publication. And whenever the plaintiff fails to sustain his action, on the ground that in his specification of claim is embraced more than that of which he was the first inventor or discoverer, or if it appears that the defendant had used or violated any part of the invention, justly and truly specified and claimed as new, the court may adjudge and award, as to costs, as appears to be just and equitable. But a defendant in any such action may specially plead any matter of defence thereto specified in this Act, or in any former law under which the patent was granted. And if at the trial in any such action it is made apparent, to the satisfaction of the court (the defendant having specially pleaded the same) that the specification filed by the patentee does not contain the whole truth relative to the invention or discovery to which it refers,

-or that it contains more than is necessary to produce the described effect (such concealment or addition fully appearing to have been made for the purpose of deceiving the public),—or that the thing thus secured by patent was not originally discovered by the patentee or party claiming to be the inventor or discoverer in the specification referred to in the patent, but had been in use, or had been described in some public work, anterior to the supposed discovery of the patentee,-or that he had surreptitiously obtained a patent for the invention or discovery of another person,-in either of the said cases judgment shall be rendered for the defendant, with costs, and the patent shall be declared void.

What will avoid a patent.

Patented

articles to be marked as such.

Colonial patent laws.

Every patentee and assignee of a patent granted after the thirtieth day of May, 1849, must stamp, or engrave, on each article vended or offered for sale the date of the patent thereof.

Cape of Good Hope.—The same law as in Victoria (a), for any new and useful invention. Fees, £10 at or before the third year, and £20 at or before the fourteenth year.

Ceylon.-A new law was enacted in 1859. The patent is for fourteen years. The word manufacture (b) is deemed to include any art, process, or manner of producing or making an article; and also any article prepared or produced by manufacture.

Jamaica. The patent law is dated 1857. A patent may be granted to any one who has invented or discovered some new and useful art, machine, manufacture, or composition of matter, for fourteen years. £5 must be deposited with the petition. The patent must be put into operation within two years. The stamp duties on letters patent £5; petition, 1s. 6d.; declaration, 18. 6d.; specification, 58.; assignment, 108.

Newfoundland. The patent law is dated May, 1856 (c).

New South Wales.-The law of 1852 is in force (d). The patent must be for a period not less than seven, nor more than fourteen years.

New Zealand.-Patents are granted for fourteen years (e).

Queensland. No patent law has been enacted since the separation of this colony from New South Wales; but the law of New South Wales was continued in force.

Tasmania (f). The law is the same as in Victoria. Patents may be granted for new inventions, or any manner of new manufacture, for £15 before the third year, or £20 before the seventh year.

Trinidad. No special patent law exists. But patent rights are secured by special ordinances. The fees are as follows: On presentation of bill, 50 dollars; government printer's charge, 10 dollars total 60 dollars, or £12 10s.

Victoria. The patent law of 1857 (g) makes it lawful to issue patents for any new manufacture for any term not exceed

ing fourteen years, of the sole working or making of any manner of new manufactures. On application for patents, the inventor must deposit specifications, or an instrument describing the nature of the invention. After this deposit, the inventor must apply for his patent, and the specification must be advertised, to allow objections to be made to the grant. In all other respects the law is the same as in England. The fees for patents are, £2 108. on depositing specification; £2 4s. 6d. to the law officer for any appointment; £2 108. on opening letters patent; £15 at or before the expiration of the third year; £20 at or before the expiration of the seventh year; and £2 48. 6d. to the law officer with particulars of objections; £2 10s. on presenting petition for extension of confirmation; 18. for every search and inspection; 10s. for every entry of assignment or licence; 108. for certificate of assignment and licence; £2 10s. filing memorandum of alteration or disclaimer; £2 10s. for entering any caveat; 18. per common law folio for copy of extract of any writing.

FOREIGN LAWS.

inventions.

France. The present law is dated 5th July, 1854. The fol- What are new lowing are considered as new inventions or discoveries :-The invention of new industrial products, and of new means, or the new application of known means, for obtaining an industrial result or product. The following are not patentable:-1st. Pharmaceutical compositions or remedies of any kinds, the said objects remaining subject to the special laws and regulations for these matters, and especially to the decree of the 18th August, 1810, relating to secret remedies. And 2nd. Schemes and combinations referring to credit and finances. The duration of the patents is 5, 10, or 15 years. Every patent is subject to the payment of a tax fixed as follows:-500 francs for a patent of 5 years; 1000 francs for a patent of 10 years; 1500 francs for a patent of 15 years. This tax must be paid by yearly instalments of 100 francs, under penalty of forfeiture if the patentee allows one year to elapse without paying the tax. Foreigners may obtain patents of invention in France. And Rights of foreigners. the same formalities and conditions as prescribed by the present law are applicable to patents demanded or delivered by or to foreigners. The author of an invention or discovery already

What avoids a patent.

When is a patent forfeited.

patented abroad, may obtain a patent in France; but the duration of this patent must not exceed that of the patents previously obtained abroad.

Patents delivered under the following circumstances are null and void-1st. Whenever the discovery, invention, or application is not new. 2nd. Whenever the discovery, invention, or application is not patentable. 3rd. Whenever the invention consists of theoretical or merely scientific principles, methods, systems, discoveries, and conceptions, the industrial applications of which are not indicated. 4th. Whenever the discovery, invention, or application is known to be contrary to public order or safety, to morals, or to the existing laws of the country, without prejudice in such cases to penalties which might be incurred for manufacturing or selling prohibited articles. 5th. Whenever the title under which the patent has been demanded indicates fraudulently another object than the real object of the invention. 6th. Whenever the specification accompanying the patent is not sufficient for working the invention, or whenever it does not completely and fairly point out the real means employed by the inventor. 7th. Whenever the patent has been obtained contrary to the provisions of Article 18. Certificates comprising alterations, improvements, or additions which are not connected with the original patent are likewise considered null and void. No discovery, invention, or application, is considered as new, if, before the date of the deposit of the petition, the same was sufficiently public in France or abroad, so as to be easily worked.

Patent rights are forfeited in the following cases :-1st. By any patentee who has not paid the tax before the beginning of each year of the term of his patent. 2nd. By any patentee who has not worked his discovery or invention in France within the term of two years from the date of the signature of his patent, or who has ceased to work it during two consecutive years, unless, in either case, he justifies himself as to the causes of his inaction. 3rd. And by any patentee who has introduced into France objects manufactured abroad, and similar to those which are protected by his patent. Models of machines the introduction of which may be authorised by the minister of agriculture and commerce, are excepted from the provisions of the preceding paragraph.