April 23, 1923 (14th Parliament, 2nd Session)


Henry Herbert Stevens

Conservative (1867-1942)


As we proceed with the
sections I wish the minister would be good

Patents oj Invention
enough to supplement the very excellent presentation he has just made by applying it to these sections and showing exactly how they will work out. May I ask this? Suppose a citizen of the United States has taken out a patent for an article in the United States and has then taken one out in Canada. The present act, as I understand it, by section 38 protects the Canadian in that the patentee from outside must manufacture in Canada and cannot simply take out his patent, or possibly sell it to someone else making a similar article, and then ignore altogether the Canadian market so far as manufacture is concerned. Or he might take out a patent and not use it, manufacture the article at home and sell it in Canada. Or it might be a machine, of which there are many; what comes to my mind is a machine such as the Goodyear welting machine. I do not know that it would be applicable to machines of that general type, for which a patent might be taken out in Canada and the article be manufactured over in the United States. Now as I understand section 38, it was especially designed to protect against such cases as that. If the minister as we proceed with section 40 can show that we have ample protection, then my perplexity will be largely met. I think we ought to read these sections very carefully, not merely the marginal notes.

Full View