May 4, 1951 (21st Parliament, 4th Session)


Jean-Thomas Richard


Mr. Richard (Ottawa East):

In 1947 parliament passed an amendment, section 28A of the Patent Act, to allow applicants, from foreign countries which afforded similar privileges, to file applications for patents, even though the normal time for filing had expired. The deadline set was November 15, 1947.
As the hon. member will see in the explanatory note to the bill, the section was drawn so that there were some prerequisites, among which was the one that the application should be filed before November 15, 1947, and should be accompanied by a request, in the form of an ordinary letter, saying, in effect, "I want to have the benefit of section 28A".
It is self-evident that the applicant wanted to have the benefit of section 28A, because he knew he was delinquent. He was taking advantage of the new section passed by parliament. But in his letter to the Commissioner of Patents he stated merely that he was filing an application for a patent and did not add the paragraph, "I want to take advantage of section 28A of the Patent Act".
That is the only point in the bill. The Commissioner of Patents held that since that was one of the conditions set out in the section, he had to refuse the application. It seems unfortunate, and certainly it has involved heavy expense to the applicant. However, the commissioner having held that That condition was essential, there was nothing left to do but to come to parliament and ask for a bill to overcome this difficulty.

Full View