April 20, 1923

CON

William Alves Boys (Whip of the Conservative Party (1867-1942))

Conservative (1867-1942)

Mr. BOYS:

A moment ago there was an effort apparently to escape from responsibility on the part of the commissioner; m this section we have the converse. Undei

[Mr. Robb.l

subsection 2 he is given absolute jurisdiction. It is debatable if there should not be a right of appeal.

Topic:   PATENTS OF INVENTIONS
Permalink
LIB

James Alexander Robb (Minister of Trade and Commerce)

Liberal

Mr. ROBB:

We will let that stand for consideration also.

Section stands.

On section 24-Form of issue:

Topic:   PATENTS OF INVENTIONS
Permalink
LIB

Section agreed to. On section 25-Term limit:


LIB

James Alexander Robb (Minister of Trade and Commerce)

Liberal

Mr. ROBB:

That is the same clause as iu the old act.

Topic:   PATENTS OF INVENTIONS
Permalink

Section agreed to. On section 28-Issue of new or amended patents:


LIB

James Alexander Robb (Minister of Trade and Commerce)

Liberal

Mr. ROBB:

There is an amendment to this clause by adding after the word "date" in the eighth line of subclause 1 the words "or within one year from the passage of this act.*

Topic:   PATENTS OF INVENTIONS
Permalink
LIB

Andrew Ross McMaster

Liberal

Mr. McMASTER:

Mr. Chairman, I suggest this with diffidence because I am not sure whether there will be any objection to it, but is there any objection to giving the right to a patentee to ask at any time during the life of his patent for the correction of clerical or typographical or other obvious errors? I have had placed in my hands a memorandum concerning this act, in which the author says:

In view of the fact that this section limits the period for re-issuing patents to four years, it seems advisable to add a paragraph by means of which minor errors may be corrected any time during the life of the patent. The following is suggested:

"(5) Any time during the life of a patent a patentee may make petition to the commissioner for the issue of a certificate of correction, and if the commissioner is satisfied that the correction desired to be made relates to a clerical, typographical or obvious error, the correction of which will not alter the scope of the patent, the commissioner shall, upon payment of a fee as hereinafter provided, issue a certificate of correction in duplicate, one copy of which shall be attached to the patent under the seal of the Patent office and become a part thereof, and the other copy of which shall remain of record in the Patent office, and after the issue of such certificate the patent shall be read as corrected by such certificate." #

I am not sufficiently familiar with patent practice to say whether a case like this often occurs, but the suggestion seems to be a ieasonable one.

Topic:   PATENTS OF INVENTIONS
Permalink
LIB

James Alexander Robb (Minister of Trade and Commerce)

Liberal

Mr. ROBB:

On the face of it it sounds reasonable, but in practice it might lead to abuses. It is very hard to determine what is really a clerical error, and the experience of the department is that it is better not to accept the suggestion.

ArRIL 20, 1923

Topic:   PATENTS OF INVENTIONS
Permalink
CON

Henry Lumley Drayton

Conservative (1867-1942)

Sir HENRY DRAYTON:

Offhand I would certainly agree with the hon. member for Rrome that if an error was made it should 'be corrected. It does not make any difference whether we discover it this year, next year or the year afterwards. What is the principle underlying the idea that a patent, once issued, cannot be corrected?

Topic:   PATENTS OF INVENTIONS
Permalink
LIB

James Alexander Robb (Minister of Trade and Commerce)

Liberal

Mr. ROBB:

If it is shown that the mistake occurred in the office, the correction can be made, and in practice that is done. But if you admit a clause such as the one suggested you are opening the door to abuses. It. is unnecessary language to add to the provision.

Topic:   PATENTS OF INVENTIONS
Permalink
CON

Henry Lumley Drayton

Conservative (1867-1942)

Sir HENRY DRAYTON:

What kind of abuses might be anticipated? Is it feared that under the guise of making a correction some other novelty may be covered by a patent without any additional patent fee?

Topic:   PATENTS OF INVENTIONS
Permalink
LIB

James Alexander Robb (Minister of Trade and Commerce)

Liberal

Mr. ROBB:

There is a possibility that the opportunity might be taken to extend the scope of the patent.

Topic:   PATENTS OF INVENTIONS
Permalink
CON

Henry Lumley Drayton

Conservative (1867-1942)

Sir HENRY DRAYTON:

Surely it would be known whether the man was fairly putting his patent into such shape that he could support it and use it. or whether, on the other hand, he was using the power of amendment for the purpose of extending the patent.

Topic:   PATENTS OF INVENTIONS
Permalink
LIB

James Alexander Robb (Minister of Trade and Commerce)

Liberal

Mr. ROBB:

He is enabled to come back within four years; that is a reasonable length of time. *

Topic:   PATENTS OF INVENTIONS
Permalink
LIB

Andrew Ross McMaster

Liberal

Mr. McMASTER:

I do not want to press this unduly, because I cannot give a specific case, but I presume that this has happened in practice, or the matter could not have been placed before me. I can easily understand that a patentee might receive his patent, and, taking it for granted that the work had been accuratelv done, he would not scrutinize it or make any exact comparisons. Perhaps six or seven years afterwards he gets into a lawsuir, concerning the patent. The patent is read over with the greatest care; obviously clerical errors are found, and the patentee feels that before going into the court with the document those errors should be corrected. That is an easily supposed case which is, I think, of the nature of those intended to be covered by the suggestion I have made. I would invite the minister's attention to that phase of it.

Topic:   PATENTS OF INVENTIONS
Permalink
LIB

George Newcombe Gordon (Deputy Speaker and Chair of Committees of the Whole of the House of Commons)

Liberal

The CHAIRMAN:

Shall clause 26 as amended carry?

Topic:   PATENTS OF INVENTIONS
Permalink
CON

Henry Lumley Drayton

Conservative (1867-1942)

Sir HENRY DRAYTON:

I suggest that the minister will probably want to consider the suggestion made by the hon. member for

Patents oj Invention

Brome. In the case of a purely technical error, a mere oversight, what bearing has the question of a time limit upon the making of a correction? In other words, if it is justice to correct it, why place anything in the way of doing the right thing simply because a year has expired from the date of the passing of the act?

Topic:   PATENTS OF INVENTIONS
Permalink
LIB

James Alexander Robb (Minister of Trade and Commerce)

Liberal

Mr. ROBB:

The experience is that by a change of wording the scope of the patent might be extended, and in the meantime the public has been using it. Four years is a reasonable length of time; there is no hardship to the patentee at all. The hon. member for Brome, I understand does not press his amendment.

Topic:   PATENTS OF INVENTIONS
Permalink
LIB

Andrew Ross McMaster

Liberal

Mr. McMASTER:

I am not going to divide the committee on it, because I do not feel strongly enough about it. But it seems to me to be a fair suggestion.

Section as amended, agreed to.

Topic:   PATENTS OF INVENTIONS
Permalink

April 20, 1923