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