CHAPTER VII

ABOUT CANADIAN PATENTS

The geographical nearness of Canada to the United States, and the

intimate commercial relations existing between the two countries, render

Canada, in one sense, a part of the industrial market of America; and

owing to its liberal patent laws, which are based closely upon our own,

inventors generally find it advantageous to protect their interests in

this country, which can be done from time to time by a very small

outlay, and thus giving the inventor the advantage of disposing of his

patent or dropping it if not found remunerative, before expending the

total cost of the patent.

The commercial and manufacturing interests of Canada are extensive,

increasing yearly, and are closely knit with our own. If the invention

is not protected in Canada, it is sometimes manufactured there and sent

here without paying royalty to the inventor.

Copies of the "Rules and Forms of the Canadian Patent Office" and "The

Patent Act" can be obtained upon application to the Hon. Commissioner of

Patents, Ottawa, Canada. Section 8 of the Patent Act, revised May, 1898,

provides:

"Any inventor who elects to obtain a patent for his invention in a

foreign country before obtaining a patent for the same invention in

Canada, may obtain a patent in Canada, if the same be applied for

within one year from the date of the 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 give 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 inventor has obtained a patent therefor in Canada, without the

consent or allowance of the inventor."

The Patent Act as amended does not now require a Canadian patent to

expire at the earliest date at which a foreign patent for the same

invention expires.

Under the section just cited the patentee has three months, after the

issue of his patent, within which to protect his interests in Canada. If

within these three months he has not sufficiently demonstrated the

commercial value of his home patent, and the advisability of taking out

a Canadian patent, he is advised to give notice to the Commissioner of

Patents, Ottawa, of his intention of doing so, which will fully protect

his interests for one year, as under the above provision; and if the

patentee fail to give this formal notice, he cannot obtain redress from

any person who has commenced to manufacture his invention in Canada

during the year.

There is also an advantage sometimes in giving this formal notice within

three months and delaying the grant of the patent for one year, as the

patentee is allowed to import the patented article into Canada during

one year only, after the grant of the Canadian patent.

The construction or manufacturing of the invention in Canada must be

commenced within two years from the date of the patent, and continuously

carried on from that time, though the extension of this time may be

secured upon timely application to the Commissioner, giving any good and

proper reason. The time for importation is also sometimes extended upon

proper application.

Canadian patents are granted originally for a term of eighteen years,

the Government fee being $60 for the eighteen years, but at the election

of the patentee this fee may be divided into three payments of $20 each,

as follows: $20 at the time of the grant, $20 at the expiration of the

sixth year, if the owner desires to keep the patent alive, if not he can

allow the patent to become forfeited; and at the end of the twelfth

year, if it is still desired to maintain the patent, the remaining fee

of $20 may be paid. If the patentee in the meantime assigns his patent,

the assignee will pay the required government fees at the end of the

sixth and twelfth years, if it is desired to maintain its validity.

The Canadian patent covers and affords full protection in the following

provinces:

------------------------+----------+-------------

PROVINCES. | Area | Population

|Sq. Miles.| 1911

------------------------+----------+-------------

Alberta | 253,000 | 372,919

British Columbia | 390,000 | 362,768

Manitoba | 72,870 | 454,691

New Brunswick | 28,000 | 351,815

Nova Scotia | 20,600 | 461,847

Ontario | 222,000 | 2,519,902

Prince Edward Island | 2,000 | 93,722

Quebec | 347,000 | 2,000,697

Saskatchewan | 250,000 | 453,508

Northwest Territories |1,922,750 | 10,000

Yukon | 200,000 | ----

|----------+------------

TOTAL |3,708,220 | 7,081,869

------------------------+----------+------------

[Sidenote: Selling Canadian Patents.]

In selling Canadian patents, the patentee will proceed in much the same

way as in the United States, though he cannot expect, nor should he ask,

more than about one-third as much for the Canadian patent as he

receives, or expects, from the United States patent. Patents are not as

readily sold in Canada as here, but if the inventor has a useful

invention of merit, which is being manufactured profitably in the United

States, he will have no trouble in disposing of his Canadian patent at a

satisfactory price.

It is in nearly all cases advisable for the inventor to first put his

invention upon the market in the United States before trying to realize

from his Canadian interests, as it will be found difficult to interest

Canadian capital in a patent that has not been first put into practice

here; and if the patentee be able to dispose of his Canadian patent at

all, it is usually for a very insignificant sum; whereas, on the other

hand, if the patentee fully protects his interests there, and proceeds

to put the invention upon the home market, he will not only be able to

present his Canadian patent in a more favorable and forcible way by

proving its commercial value, but he will undoubtedly get better offers,

and realize full value for his Canadian interests, in exact proportion

to the success of his invention in the United States.

POPULATION OF CANADIAN CITIES

(_Compiled from the Census of 1911_)

Montreal 406,197 | New Westminster 13,394

Toronto 376,240 | Stratford 12,929

Winnipeg 135,440 | Owen Sound 12,555

Vancouver 100,333 | St. Catharines 12,460

Ottawa 86,340 | Saskatoon 12,002

Hamilton 81,897 | Verdun 11,622

Quebec 78,067 | Moncton 11,319

London 46,177 | Port Arthur 11,216

Halifax 46,081 | Lachine 10,778

Calgary 43,736 | Chatham 10,760

St. John 42,363 | Galt 10,299

Victoria 31,620 | Sault Ste. Marie 10,179

Regina 30,210 | Sarnia 9,936

Edmonton 24,882 | Belleville 9,850

Brantford 23,046 | St. Hyacinthe 9,797

Kingston 18,815 | Valleyfield 9,447

Maissonneuve 18,674 | Brockville 9,372

Peterboro 18,312 | Woodstock 9,321

Windsor 17,819 | Niagara Falls 9,245

Sydney Town 17,617 | Sorel 8,419

Hull 17,585 | Nanaimo 8,305

Glace Bay 16,561 | Lethbridge 8,048

Fort William 16,498 | Vancouver, North 7,781

Sherbrooke 16,495 | North Bay 7,718

Vancouver, South 16,021 | St. Boniface 7,717

Berlin 15,192 | Sydney Mines 7,464

Guelph 15,148 | Levis 7,448

St. Thomas 14,050 | Oshawa 7,433

Brandon 13,837 | Collingwood 7,077

Moose Jaw 13,824 | Fredericton 7,028

Practical Pointers for Patentees · 第 7 / 10 章