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Commonwealth. When such an order takes effect, the patent is not deemed to be infringed by the manufacture or sale of the patented article within the Commonwealth. If, however, at any time after making an order, the Court is satisfied that the patented article is not manufactured in the Commonwealth by any other person than the patentee, and that the patentee is manufacturing it to an adequate extent in the Commonwealth, it may revoke the order. The Court, at its discretion, instead of making such an order, may order the patentee to grant a compulsory licence to the applicant on such terms as the Court thinks just. In Canada patents become null and void at the end of two years from the date thereof, unless the patentee or his legal representatives or his assignee within that time, or any authorised extension thereof, commence and after such commencement continuously carry on in Canada the construction or manufacture of the patented invention in such a manner that any person desiring to use it may obtain it, or cause it to be made for him at a reasonable price at some manufactory or establishment for making or constructing it in Canada. This period of two years may be extended at any time not more than three months before its expiration by the Commissioner of Patents on its being proved to his satisfaction that the patentee was, for reasons beyond his control, prevented from complying with the above condition. Any question as to whether a patent has become void under these provisions may be adjudicated upon by the Exchequer Court of Canada upon information in the name of the Attorney-General of Canada, or at the suit of any person interested. Any patent in Newfoundland which has not been brought into operation within two years from the date thereof becomes void at the end of that period. Patents cannot be forfeited for non-working in any of the other Colonies to which this memorandum relates. Forfeiture of Patents when Patented Goods are Imported. The only Dominion in which it has been considered necessary to forfeit a patent by reason of the importation of the patented goods, or to place any special prohibition on the importation of patented goods, as such, is Canada, which is, of course, very exceptionally situated by reason of its propinquity to the United States, the most inventive country in the world. In Canada, if after the expiration of twelve months from the granting of a patent, or any extension of such period, not exceeding one year, which may be authorised by the Commissioner of Patents on satisfactory cause being shown at some time within three months of the expiry of the period, the patentee, or any of his representatives or assignees, imports or causes to be imported into Canada the inventions for which the patent has been granted, the patent becomes void as to the interests of the importer. Compulsory Licences. The law relating to compulsory licences in the United Kingdom is as follows: — (1) Any person interested may present a petition to the Board of Trade alleging that the reasonable requirements of the public with respect to a patented invention have not oeen satisfied, and praying for the grant of a compulsory licence, or, in the alternative, for the revocation of the patent. (2) If the parties do not come to an arrangement between themselves the Board of Trade, if satisfied that a primd facie [case] has been made out, must refer the petition to the court, and, if the Board are not so satisfied, they may dismiss the petition. (3) Where any such petition is referred by the Board of Trade to the Court, and it is proved to the satisfaction of the Court that the reasonable requirements of the public with reference to the patented invention have not been satisfied, the patentee may be ordered by the Court to grant licences on such terms as the Court may think just, or, if the Court is of opinion that the reasonable requirements of the public will not be satisfied by the grant of licences, the patent may be revoked by order of the Court, after the expiration of three years from the date of the patent, if the patentee fails to give satisfactory reasons for his default. (4) For the purpose of the above provisions the reasonable requirements of the public are not to be deemed to have been satisfied: — (a) If by reason of the default of the patentee to manufacture to an adequate extent and supply on reasonable term's the patented article, or any parts thereof which are necessary for its efficient working, or to carry 20703 G
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