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This item is filmed at the reduction ratio checked below/ Ce document est film* au taux de reduction indiqui^ ci-dessous. 10X 14X 18X 22X r 26X 30X V 12X 16X 20X 24X 28X 32X lire details jes du modifier |er une filmage es errata to pelure, )n a n 32X The copy filmed here hee been reproduced thanks to the generosity of: Legislature du Quebec Quebec The images appearing here are the best quality possible considering the condition and legibility of the original copy and in Iteeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. 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Tous les autres nxemplaires originaux sont filmds en commenpant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparat^ra sur la dernidre image de cheque microfiche, selon le cas: le symbo^e — ^ signifie "A SUIVRE". le symbole V signifie "FIN '. Les cartes, planches, tableaux, etc., peuvent dtre film6s A des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en u^ seul cliche, il est film^ A partir de Tangle sup^rieu?- gauche, de gauche d droite. et de haut en ban, en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mithode. 1 2 3 4 5 6 suaaiiisTioNS WITH REPERENCK TO THE PROPOSED NEW ACT, HEBPECTINO tiim latent fov inventions, IM THE DOMI.NIQN OF CANADA, BY CHARLKS LEGGE & CO., SoiJciTOKS OK Canadian and Fokeign Fapents, Civil Kn»inekr8, Ac, &c. MONTREAL -NOVEMBER, 1867. Potttte»l : PRINTED BY JOHN LOVELL, ST. NICHOLAS STREET. 1867. ^ «■■■ ENGINEER AND PATENT OFFICES, 48 GREAT ST. JAMES STREET, Montreal, 14th November, 1867. Sir, In conducting an extensive business, procuring Letters Patent for Inventions, we have had opportunities in our inter- course with the great body of Manufacturers, Inventors, and Mechanics in the Dominion, and elsewhere, of learning their views with reference to the illiberality of the Patent Laws here, and the various alterations and amendments which, in their opinion, should be introduced in the new Law now under consideration. From many quarters, we have been requested to place the details of the proposed improvements in a proper form, with the view of bringing the same under your notice, for consideration. That the several alterations and amendments to be presently mentioned should be made is, as far as we can ascertain, the general wish of the country, and will be hailed by Manufacturers and Inventors not only in the Dominion, but through Great Britain, the United States, France and other countries, with much gratification, as an important step towards placing the Dominion in the position she should occupy with relation to Letters Patent for Inventions, and the important consequences flowing therefrom. At the present time, all the nations of the world, with the exception of Canada, Nova Scotia, Prince Edward Island, Switzer- land, Greece, Turkey, China and Japan, grant Letters Patent for Inventions to all Foreigners, on the same terms as to their own subjects. — No matter how illiberal the governments may be in other respects, or how high the protective walls may be erected for the supposed benefit of their subjects, they are, with the exception of the above named countries (with some of which wc should scarcely deem it an honour to be classed) singularly unani- mous in the free and equal rights accorded to all people, in matters of Invention. 2 In this respect "free trade" has prevailed with the most gratifying results, as is proved by the enormous strides in manufacturing industry vhich have taken place in Great Britain, France, United States, Holland, Belgium, &c., Sec, attributable in a great measure to the inventive genius of the people, fostered and supported by wise and liberal Patent Laws, which secure a proper remuneration to the inventor, irrespective of nationality. Among the British Provinces in America, we find that New Brunswick and Newfoundlanc' have wisely shaken off the shackles of prejudice and exclusivencss, and allow all foreigners to obtain Patents on the same terms as are granted to their own citizens. This applies also to all Great Britain's colonies in the eastern and southern hemis- pheres. By this arrangement, the inhabitants of these colonies or provinces are permitted to obtain Patents in the United States for the reduced fee of $35, in place of the discriminating fee of $500 charged to the inhabitants of Canada, Nova Scotia, and Prince Edward Island, in return for their exclusivencss in not permitting American citizens to obtain Letters Patent on any terms, even by the payment of an equally large fee. The United States Patent Law is so framed, that as soon as we cease to discriminate against their citizens in the granting of Patents in the Dominion of Canada, their fee at once drops from $500 to $35, without additional legislation. The proposed change in our laws, by which this good result would be obtained, will at once open a market of 35.000.000 of enterprising, wealthy and speculative people to our Canadian inventors, as all wishing to apply could afford to pay the lesser fee of $35, while but few can pay, in the first instance, the larger fee of $500. In return for 35.000.000, given to our inventors, we give theirs but about one-tenth the number, and as our inventors, as a class, will equal if not excel those of the United States, in point of ability, we have a large margin in our favour, by the proposed alteration. From this it is evident that if in the new law, we adhere to the exploded exclusive principle, it will result, to use a common but forcible expression, in " cutting our own throats " without doing much harm to our neighbours. A United States Patent granted to one of our clients, recently i i 8 sold for eighty thousand dollars in gold, for the six New Eng.'and States, and for thirty thousand dollars in greenbacks for each of several other States. — Wc arc acquainted with several other Canadian Patentees who have sold their inventions for large sums in the United States, and with many more as valuable inventions which would sell equally well, could the inventors aflbrd to paythe high fee in that country. It is to be hoped the spirit displayed by New Brunswick and New- foundland, will be' acted on in framing the New Dominion Pa- tent Law, and that British, — American, — and other citizens may be allowed to obtain Patents on the same terms as granted to our own people, in return for their liberality — in fact that our legislation on this important subject be progressive and not retro- grade ; that the policy of the Dominion from this time separate or part company with that followed by Turkey, Greece, China, and Japan, and thus enable our country to take its place in the ranks of enlightened progressive nations. A special clause with reference to Patents issued to alien inven- tors, similar to the one in the United States Patent Law, might be inserted, to the effect that the Patent be kept on sale at a reasonable rate for eighteen months from date, or otherwise the Patent to become void. A large revenue would flow into the Patent Office, from foreign inventors, and if periods for which the Patents are granted be made short, but renewable on payment of additional fees, they being in operation or on sale, as in some other countries, a large percentage of the patents granted would lapse from non-payment of fees at the expiration of the first or second periods, and the invention thus become public property. There are many arguments which could be brought forward in support of a liberal Patent Law, while, on the other hand, no valid reasons can be given for the abrogation of all Patent Laws, by the few theoretical and mystical gentlemen who advocate this course. — We reply to their arguments, such as they are, by signi- ficantly pointing to Turkey, Greeccyi Switzerland, Sec, Sec, as samples of the results produced by the action of their strange and ridiculous theory, and to which condition England, United States, and other liberal Patent countries would soon approximate, were the great stimulus of wealth and honour removed from their inventors, by wiping out their liberal Patent Laws, which guarantee and secure to them these two great prime movers of intellectual and physical activities. With the foregoing remarks applicable to the proposed altera- tion of the existing Patent Laws of Canada, in so far as they relate to the class of persons to whom Patents may be granted, we will now proceed to indicate the changes which may be advantageously made in the remaining sections of the Law, as given in the Con- solidated Statutes of Canada, p.p. 419-432, following the sections in regular order. Sections i & 2. — To remain as at present. Sections 3 & 4. — To be altered to admit British subjects and foreigners to obtain Patents, whether residents in the Dominion or not. The total duration of Patents should be fourteen years, and not renewable for any additional term. If the invention is a good one, money enough can be made by the proprietor of the Patent in that time, and it should then become the property of the public. It may be questionable, whether (in the event of the fees being raised) it would not be desirable to divide the total duration of the Patent, into, say, three stages, as in Great Britain. — ist, being three years — 2nd of four years — and the last one seven years — a distinct fee being payable at the commencement of each period. This arrangement has been found to work very well in the mother country, and also in other countries. If the invention prove a valuable one, the Patent can be extended from term to term — on the other hand, if it be of little worth, the Patent may lapse at the expiration of the first or second term, and then be open to the public, the Patentee saving the balance of the total fee. In France and many other European countries, an annual tax is paid for periods ranging from one to twenty-two years — the Patent becoming void if the annual fees are not paid at the pro- per time This course causes much trouble, both to the Patentees and to the respective Patent offices, and it is thought the lon- ger periods before mentioned are preferable in every respect. i ^ Section 5. — Might be altered to suit aliens who may have ob- tained Patents in foreign countries, before making application in the Dominion of Canada — Parties using the said invention in the Dominion, prior to the application for a Patent by the foreign inventor, to be suitably protected. Sections 6, 7, 8 & 9. — To remain as at present. Sections 10 & i i. — If Patents are granted to foreign inventors for bona fide inventions, these two sections should be abrogated. Sections 12 & 13. — To remain as at present. Section 14. — To be altered to sui; heirs, &c., of deceased foreign inventors. Section i 3. — To remain as at present. Section 16. — Should be abrogated, if 14 years be made the full term of Patent. Sections 17 to 29. — ^To remain as at present. Section 30. — If the three term system be adopted, we would recommend the payment of /wf«/v-;/iV