The following notes on the laws of the Dominions give the sali ent facts. Prior to 1852 British letters patent extended to all the colonies, but the Act of 1852 restricted the rights granted to the United Kingdom, Channel islands and the Isle of Man. The present Acts extend to the United Kingdom (including Northern Ireland) and the Isle of Man. As to the Dominions which are parties to the International Convention, see p. 373, International Convention.
Protection is obtainable in a number of the smaller dominions by way of the registration of the British letters patent. There is a limit of three years from the date of the sealing of the British letters patent within which to apply in most of the countries. The dominions in which such protection can be ob tained are :—Bermuda, British Guiana, British Honduras, Brit ish North Borneo, British Solomon isles, Brunei, Cyprus, Falk land isles, Fiji isles, Gambia, Gibraltar, Gilbert and Ellice isles, Gold Coast, Grenada, Guernsey, Hong Kong, Jersey, Johore, Kenya, Leeward isles, Federated Malay States, Mauritius, Nigeria, Palestine, Northern Rhodesia, St. Helena, St. Lucien, St. Vincent, Sarawak, Siam, Sierra Leone, Somaliland, Straits Settlements, Uganda and Zanzibar.
They provide for a department of patents controlled by a commissioner "under the minister" (s. io of 1903). Any person, whether a British subject or not, may apply for a patent. There is an examination as to the novelty (s. 41 of 1903). The term of a patent is 16 years (s. 3 of 1921). The Commonwealth or a State may acquire patents compulsorily (ss. 93, 94 of Provisional patents (9 months) may be obtained. There are provisions as to non-working to an adequate extent in the Com monwealth (not enforceable until 4 years from the date of the patent have expired), provisions as to compulsory licences and provisions corresponding to those of s. 38 of the British Act of 1907, avoiding certain conditions attached to the sale, etc., of patented articles (s. 87 A added by s. 15 of 1909). Interna tional arrangements are dealt with in s. 121 of the Act 1903, as amended by s. 5 of the Act of 1921. The fees payable are: on application, ; on acceptance of complete specification, £2; on grant, £5 ; and 15 before the end of the seventh year.
is the consolidating Act called "The Patent Act" (c. 23 of 1923). The duration of a patent is 18 years. The fee on application is $15 and within six months after notice of allowance $20; there are no subsequent fees. The Patent Office is under the control of the commissioner for patents. A Patent may be obtained if the invention was new when made and has not been patented or de scribed in any printed publication in Canada or any foreign coun try more than two years prior to the application and has not been in public use or on sale in Canada more than that period (s. 7). Applications by persons who have obtained or applied for a patent in a foreign country, and who wish to obtain priority of date of such application, are regulated by s. 8. There are provisions as to inventions relating to substances prepared or produced by chem ical process and intended for food or medicine similar to those of the British Act (s. 17). A patent is void, in whole or in part, if obtained on an untrue statement, or if the specification has an omission or added statement which is wilfully mislead ing (s. 31). A patentee must adequately manufacture the pat ented article or carry on the patented process in Canada, other wise compulsory licences may be ordered, but not until three years from the date of the patent have expired ; after the same period a patent may be revoked if the patented article or process is manufactured or carried on exclusively or mainly outside Canada (ss. 4o, 41). Patented articles sold by the patentee are required to be marked or labelled with the year of the date of the patent (s. 51). A register of attorneys is kept at the Patent Office (s. 57). Appeals from the commissioner under the Act are to the exchequer court (s. 62).