time and labour expended thereon by any officer of the Patent Office, or of the Department, or person employed to perform such service. (R. S., c. 61, s. 40.)

49. 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. (R. S., c. 61, s. 41.)

50. All fees received under this Act shall be paid over to the Minister of Finance, and shall form part of the Consolidated Revenue Fund of Canada, except such sums as are paid for copies of drawings when made by persons not receiving salaries in the Patent Office. (R. S., c. 61, s. 42.)

51. No person shall be exempt from the payment of any fee or charge payable in respect of any services performed for such person under this Act; and no fee, when paid, shall be returned to the person who paid it, except―

(a) When the invention is not susceptible of being patented. (b) When the petition for a patent is withdrawn.

(2) In every such case the commissioner may return the fee paid less the sum of ten dollars. (R. S., c. 61, s. 43.)

GENERAL.

52. The Government of Canada may, at any time, use any patented invention, paying to the patentee such sum as the Commissioner reports to be a reasonable compensation for the use thereof.

c. 61, s. 44.)

(R. S.,

53. No patent shall extend to prevent the use of any invention in any foreign ship or vessel, if such invention is not so used for the manufacture of any goods to be vended within or exported from Canada. (R. S., c. 61, s. 45.)

54. Every person who, before the issuing of a patent, has purchased, constructed, or acquired any invention for which a patent is afterwards obtained under this Act, shall have the right of using and vending to others the specific article, machine, manufacture or composition of matter patented and so purchased, constructed, or acquired before the issue of the patent therefor, without being liable to the patentee or his legal representatives for so doing; but the patent shall not, as regards other persons, be held invalid by reason of such purchase, construction, or acquisition or use of the invention, by the person first aforesaid or by those to whom he has sold the same, unless the same was purchased, constructed, acquired, or used, with the consent or allowance of the inventor thereof, for a longer period than one year before the application for a patent therefor, thereby making the invention one which has become public and in public use. (R. S., c. 61, s. 46.)

55. 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, 1906, or as the case may be; or when, from the nature of the article, this can not be done, then by affixing to it, or to every package wherein one or more of such articles is or are inclosed, a label marked with a like notice. (R. S., c. 61, s. 54.)

56. All specifications, drawings, models, disclaimers, judgments and other papers, except caveats, and except those filed in connection with applications for patents which are still pending, shall be open to the inspection of the public at the Patent Office, under such regulations as are adopted in that behalf. (R. S., c. 61, s. 47; 3 E. VII, c. 46, s. 12.)

57. The Commissioner may destroy, sell or otherwise dispose of, in such manner as he deems best in the public interest, all models and specimens of composition of matter and of ingredients thereof filed in connection with applications for patents of invention after they have served their immediate purpose.

(2) All money arising from the sale or disposal of such models or specimens shall be paid into the Consolidated Revenue Fund of Canada. (3 E. VII, c. 46, s. 15.)

58. Clerical errors which occur in the framing or copying of any instrument in the Patent Office shall not be construed as invalidating the same, but, when discovered, they may be corrected under the authority of the Commissioner. (R. S., c. 61, s. 48.)

59. If any patent is destroyed or lost, a certified copy thereof may be issued in lieu thereof upon the person who applies therefor paying the fees hereinbefore prescribed for office copies of documents. (R. S., c. 61, s. 49; 53 V, c. 13, s. 4.)

60. Every court, judge and person whosoever shall take notice of the seal of the Patent Office and shall receive the impressions thereof in evidence, in like manner as the impressions of the Great Seal are received in evidence, and shall also take notice of and receive in evidence, without further proof and without production of the originals, all copies or extracts certified under the seal of the Patent Office to be copies of or extracts from documents deposited in such office. (R. S., c. 61, s. 50.)

61. No officer or employee of the Patent Office shall buy, sell or acquire or traffic in any invention or patent, or in any right to a patent; and every such purchase and sale, and every assignment or transfer thereof by or to any officer or employee, as aforesaid, shall be null and void, but this provision shall not apply to any original inventor, or to any acquisition by bequest. (R. S., c. 61, s. 51.)

62. The Commissioner may, from time to time, subject to the approval of the Governor in Council, make such rules and regulations,

and prescribe such forms as appear to him necessary and expedient for the purposes of this Act, and notice thereof shall be given in the Canada Gazette; and all documents, executed in conformity with the same and accepted by the Commissioner, shall be held valid, so far as relates to proceedings in the Patent Office. (R. S., c. 61, s. 52.)

63. The Commissioner shall cause a report to be prepared annually and laid before Parliament of the proceedings under this Act, and shall, from time to time, and at least once in each year, publish a list of all patents granted, and may with the approval of the Governor in Council, cause such specifications and drawings as are deemed of interest, or essential parts thereof, to be printed, from time to time, for distribution or sale. (R. S., c. 61, s. 53.)

OFFENSES AND PENALTIES.

64. Any patentee under this Act who sells or offers for sale any article patented under this Act not stamped or engraved with the year of the patent applying to such article, or when from the nature of the article this can not be done, not having affixed to it or every package wherein one or more of such articles is or are inclosed a label marked with the year of the date of the patent applying to such article in manner and form provided by this Act, shall be liable to a penalty not exceeding one hundred dollars, and, in default of the payment of such penalty, to imprisonment for a term not exceeding two months. (R. S., c. 61, s. 54.)

65. Every person who—

(a) Writes, paints, prints, moulds, 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,

(b) Without the consent of the patentee writes, paints, prints, moulds, casts, carves, engraves, stamps, or otherwise marks upon anything not purchased from the patentee, the words, Patent, Letters Patent, King's or 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 or his legal representatives; or,

(c) Offers for sale as patented any article not patented in Canada for the purpose of deceiving the public;

is guilty of an indictable offense, and liable to a fine not exceeding two hundred dollars, or to imprisonment for a term not exceeding three months, or to both. (R. S., c. 61, s. 55.)

66. Every person who wilfully makes or causes 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 produces or tenders any such false or altered document in evidence, knowing the same to be such, is guilty of an indictable offense and shall be liable to be punished by fine and imprisonment accordingly. (R. S., C. 61, s. 56.)

CANADA-WAR LEGISLATION.

PATENTS REGULATIONS" WAR MEASURES ACT"-ORDER IN COUNCIL OF OCTOBER 2, 1914.

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PRIVY COUNCIL, CANADA,

AT THE GOVERNMENT HOUSE AT OTTAWA,

Friday, the 2d day of October, 1914.

Present: His Royal Highness the Governor General in Council. The Governor General in Council, under and in virtue of the authority conferred by " The War Measures Act, 1914," is pleased to order as follows:

The following Orders and Regulations respecting Patents of Invention are hereby made and established:

1. "Commissioner " means the Commissioner of Patents and includes the Deputy Commissioner of Patents.

2. The Commissioner may, on the application of any person, and subject to such terms and conditions, if any, as he may think fit, order the avoidance or suspension, in whole or in part, of any patent or license, the person entitled to the benefit of which is the subject of any State at war with His Majesty, and the Commissioner, before granting any such application, may require to be satisfied on the following heads:

(a) That the person entitled to the benefit of such patent or license is the subject of a State at war with His Majesty.

(b) That the person applying intends to manufacture or cause to be manufactured, the patented article, or to carry on, or cause to be carried on the patented process within the Dominion of Canada.

(c) That it is the general interests of the country, or of a section of the community, or of a trade, that such article should be manufactured or such process carried on as aforesaid.

The fee payable on such application shall be ten dollars.

The Commissioner may at any time, in his absolute discretion, revoke any avoidance or suspension of any patent or license ordered by him.

Provided always that the Commissioner may at any time, if in his absolute discretion he deems it expedient in the public interest, order

the avoidance or suspension in whole or in part of any such patent or license upon such terms and conditions, if any, as he may think fit.

3. In any case in which the Commissioner makes an order by virtue of the powers vested in him under these Rules and Regulations or any of them, avoiding or suspending in whole or in part a patent, he may, in his discretion, grant in favour of persons other than the subject of any State at war with His Majesty, licenses to make, use, exercise or vend the patented invention so avoided or suspended, upon such terms and conditions and either for the whole term of the patent or for such less period as the Commissioner may think fit.

4. The Commissioner may, at any time during the continuance of these Orders and Regulations, avoid or suspend any proceedings on any application made under The Patent Act by a subject of any State at war with His Majesty.

5. The Commissioner may also, at any time, during the continuance of these Orders and Regulations, extend the time prescribed by The Patent Act or any rules made thereunder, for doing any act or filing any document, upon such terms and subject to such conditions as he may think fit in the following cases, namely:

(a) Where it is shown to his satisfaction that the applicant, patentee, or proprietor, as the case may be, was prevented from doing the said act, or filing the said document, by reason of active service or enforced absence from this country, or any other circumstances arising from the present state of war, which in the opinion of the Commissioner, would justify such extension.

(b) Where the doing of any act would, by reason of the circumstances arising from the present state of war, be prejudicial or injurious to the rights or interests of any applicant, patentee, or proprietor as aforesaid.

Such extension of any prescribed time, if granted after its expiration, shall have the same effect as if granted prior thereto, provided such expiration occurred on or after the 4th day of August, 1914.

6. The Commissioner may refuse to register the assignment of any patent made by a subject of any State at war with His Majesty and filed in the Patent Office on or after the 4th day of August, 1914, unless satisfied that such assignment was made in good faith and not for the purpose of evading any of the provisions of the foregoing Orders and Regulations.

7. The term "person" used in these Orders and Regulations shall, in addition to the meaning given thereto by paragraph 20 of section 34 of "The Interpretation Act," include any Government department. 8. These Orders and Regulations shall come into operation as and from the 4th day of August, 1914.

9. The Orders and Regulations respecting Patents of Invention made under "The War Measures Act, 1914," and dated the 11th