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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 o
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