IMAGE EVALUATION TEST TARGET (MT-3) // v.. Vl H X? 1.0 I.I 1^ is- us u 2.5 lllli 2.0 1.8 1.25 1.4 1.6 ^ 6" — ► "■^ 'W /. •a ,^¥>> .^% '# 4/^ c .'^ :s *?V"? m HiotDgrapnic; Sciences Coi^xirdtion i.\^ 33 WEST MAIN STKEIT WfBSTIR.N Y MS80 (71*) 873-4S03 ^i?:i. ^^3^^"^ ^ ^N i /^..< CIHM/ICMH Microfiche Series. CIHM/ICIVIH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut csr.adien de microraproductions historiquas Technical ari Bibliographic Notes/Notas tachniquaa at bibliographiquaa The Institiita iias attempted to obtain the best original copy avaiiabta for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. 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Th po of fiir Or be thi sia oti fir) sio or Th shi TIf wh Ml dif am bei rig rac ma This item is filmed at the reduction ratio checked below/ Ca document est film* au taux de r*duction indiqu* ci-dessous. 10X 14X 18X 22X 28X 30X 12X 16X aox I I I I a«x 28X 32X The copy filmed here has been reproduced thanks to the generosity of: Stminary of Quabec Library L'exemplaire filmi fut reproduit grAce A la ginirositA de: Siminaira da Quebec BiblkOthiqua The images appearing here are the best quality possible considering the condition and legibility of the original copy and in Iceeping with the filming contract specifications. Las Images suivantes ont iti reproduites avec la plus grand soln. compta tenu de la condition at de la nettetA de i'exemp^. jire f ilm4. et an conformity avec les conditions du contrat de filmage. Original copies in printed paper covers are filmed beginning with the front cover end ending on the lest 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, end ending on the last page with a printed or illustrated Impression. Les exemplaires originaux dont la couverture en pepier est imprim6e sont filmis en commen^ant par la premier plat et en terminant soit par la derniAre pege qui comporte une empreinte d'impression ou d'illustration. soit par le second plat, selon le cas. Touj les autres exemplaires originaux sont film4s en commengant par la premiere page qui comporte une empreinte d'impression ou d'illustration et en terminant par la derniire page qui comporte une telle empreinte. The last recorded frame on each microfiche shall contain the symbol '— ^^ (meaning "CON' TINUED"). or the symbol V (meaning "END"), whichever appliea. Un aes symboles suivants apparaitra sur la dernlAre imege de cheque microfiche, selon le cas: le symbols — *> signifie "A SUIVRE ". le symbols ^ signifie "FIN". Maps, plates, charts, etc.. may be filmed at different reduction ratios. Those too large to be entirely included In one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many framea as required. The following diagrama Illustrate the method: Les cartes, planches, tableaux, etc., peuvent Atre fllmte i dee taux de reduction diffirents. Lorsque le document est trop grand pour Atre reproduit en un seul clichA, il est filmA A psrtir da Tangle sup4rleur gauche, de gauche A droite, et de haut en bas. en prenent le nombre d'Imagas n^ce^saira. l.as diagr&mmes suivants illustrant la mAthode. 1 2 3 1 2 3 4 S 6 - ' V,."3'^. *4 €•' • .'^' V ►, / •'.'s:¥ BUR«A¥ OF THE AmSRICAN REPDBUCS, Department ofStaie^ Washington^ D, C, U. S. A, m ' It ■■ ft I* 1 AND Trade-mark Laws ,fA merica. 3, nia da I'UiilTOwit^ CMbec4, QUE. ulleHn Nft. a. ill Jl 1 Bureau of the American Republics, Department of State, Washington, D. C, U. S. A. Patent AND Trade-mark Laws of America. March, ISyl. While the greatest possible care is taken to insure accuracy in the publications of the Bureau of the American Republics, it will assume no pecuniary responsibility on account o£ inaccuracies that may occur therein. • « CONTENTS. u of the hat may PATENT LAWS. Brazil , .^ Chile • IQ Colombia , 2 j Costa Rica 10 Ecuador y^ Guatemala 10 Haiti of article III cause the general diffusion of the secret of the invention, without prejudicein such case to the criminal or civil actions which the laws permit. Sec. 7.1 he mfractions of which the preceding paragraph treats will be prose- cuted and judged as political crimes, in conformity with the legislation in vigor. Article VII. ^ When a patent shall be conceded to two or more co-inventors, or when it becomes common by a title of gift or succession , each one of the co-proprietors can use It treely. i ^piiciuib Article VIII. If a patent shall be given or left in usufruct, the usufructuary will be obliged when his rights cease through the extinction of the usufruct or termination oJ the term of priv.lege, to give to the owner of the property the value at which It shall be estimated, calculated with relation to the time which the usufruct has lasteu. Article IX. The patents of inventions already conceded will continue to be governed bv the law of October 26, ,830, there being applied to them the dispositions of article V, section 2, Nos. i and 2, and of article VI of this present law with the exception ot pending processes or actions. Article X. All (lisposltlons to the contrarv ar** hereby revoked. 10 PATENT LAWS OF AMERICA. CHILE. Article 152 of the Chilean constitution, dated Mav, 1833, accords to every author or inventor the exclusive proprietorship of his discovery or invention for the tune which the law may cede to him, and further authorizes the pay- ment of a proper mdemnity should it be found necessary to publish the inven- tion. In 1840 a law was passed which expressly limits the privileges which should be ceded m Chile to patentees of an inventionjand lavs down the formula and conditions under which such privileges shall be granted. A new invention or discovery must be laid by the inventor before the Home Minister, who has to name a commission for the examination of the samples, models, or drawings produced. On the report of the commissioners, who are sworn to secrecy the Minister grants or withhold;, the patent. The term of a patent can not exceed ten years. The patentee pays a sum of about $50 into the treasury as a contribution towards the museum in which the model of his invention is kept, together with a full explanation of the use and method of the article or matter he has mvented whicn is preserved closed under private seal of the inventor until the term of his patent has expired. By the same law and under the same conditions, a patent is allowed for nn-entions of arts or industries which may appear in foreign countries, but are unknown in Chile; but such patents are granted for shorter periods, not ex- ceeding eight years. The transfer of patents, or the privileges thereon, to another party is per- mitted, unless fraudulencv be suspected. Forgeries of an article already patented are subject to a fine of from $roo to 51,000 and the forfeiture not only of the article itself produced, but also of the establishment and implements used in the manufactory; the proceeds (.f such a hne and forfeiture being ecjually divided between the treasury and the patentee, after payment of the loss calculated as suffered by the latter Shouhl a patent be fraudulently obtained-that is, by false pretenses^-or by any other but the inventor himself, such a person is liable to a fine of fron^ f 100 to ipi.ooo, or an i.nprisonment of from three to twelve months In cases of disputes arising between parties who may obtain privileges sane fomng the issue of the same article, the law provides the settlement of such r H?^ '^; '.'tntt.on. an arbitrator being named by each party and a third by the Home Minister of the government. ^ PATENT LAWS OF AMERICA. 11 Patents may be granted as effective throughout the country, or be confined to one or more provinces. Terms exclusive of the period allotted for the patent are granted for the pur- pose of installing the establishment, machinery, or industry for the issue of the invention, but should this term expire without the object for which it is intended being carried out, all pri vileges allowed for the patent are annulled ; and in the same manner is all exclusive privilege disallowed if such establishment is aban- doned for more than a year, or if the article produced is inferior to the original sample. Extension of the term ceded for patents or exclusive privileges of production are allowed when the patentee is judged worthy of such an extension of his pat- ent, but for which he must have applied six months before the expiration of his first license. In August, 1 85 1, a law was decreed which obliges the commissioners who take cognizance of the petition for a patent or introduction of an industry to report, not only on its utility, but also on the hindrances which might result to industry or commerce by the cession of an exclusive privilege, as also to report on the difficulties or expenses to which the petitioners may be subjected m their under- taking, with a view to determine the allotted time for the introduction of the art or invention, in order that full knowledge maybe taken of the industry which may be prejudiced by any cession of exclusive privilege. Special mention must also be made whether the petition is for a patent of invention or for intro- ducing into the country some new article. Under date of August 16, 1856, a law was promulgated which makes it obli- gatory on the petitioner for the introduction of inventions already known in other countries, that the privileges for which he solicits be published in the ofticial journal during the term of thirty days, in order that tliose parties who may have already brought into the country, or established such conventions or industries, or have taken steps for their introduction or establishment, and thereby incurred expense previous to the petition for such exclusive privilege, shall have a right to oppose the cession of the monopoly. COLOMBIA. The power to grant privileges in Colombi;.. \iveying the sole right to make, use, or dispose of any new invention or discovery, is limitcil and definetl by the law of the 13th of May, 1869. Tiiis exclusive right is guaranteed by the national executive power ot the union by means of an instrument called " pat- ent of invention." 12 PATENT LAWS OF AMERICA. ^ A patent may, in the terms of the law, be granted in respect of any « inven- tion or improvement of a machine, mechanical apparatus, combination of materials, or method of proceeding of useful application to industry, arts, or sciences," and for the making and sale of any manufacture or industrial prod- uct, for a term of years not exceeding twenty nor less than five. No privilege is given for the importation of foreign productions, whether natural or manufactured. Inventors in possession of a foreign patent may also obtain one in Colom- bia for the same invention on the condition that its expiration shall coincide with that of the foreign patent. Patents of invention are obtained upon petition to the executive power, set- ting forth with clearness the nature qf .the invention or imorovement. In the event of a favorable decision, and in order to obtain the patent, the inventor must furnish the government, within forty days, with a design or model of the machine or mechanical apparatus, or with a circumstantial and complete de- scription of the new method or process, together with a sample of the manu- facture or production. Such model, design, or description, as the case may be, is enrolled and deposited in the proper department of state for the two- fold purpose of serving as a reference in the event of any controversy as to the genuineness of the invention, and of giving copies thereof to whomsoever may apply for them at the expiration of the patent. In the patent, reference is made to the law on the subject. In it is embod- ied the executive decree granting the privilege and stating the nature of the invention, as well as the term to which the duration of the concession is lim- ited. Such decree must be published twice at least in the official gazette. A patent is granted without any previous examination as to the novelty or utility of the invention. The government does not declare that the invention is new or useful, nor that the patentee is the real inventor, nor that the models or descriptions of the invention are accurate. But it is open to any one whose rights may have been encroached upon by the concession to appeal to the tri- bunals for its reversal, and in fact the right so to do is expressly reserved in the patent itself. Thirty days before the issuing of a patent the government is by law required to publish the inventor's petition in the official gazette. Patents of invention are withheld in the following cases: When the provi- sions of the law are not faithfully complied with by the petitioners, or when the invention endangers the i)ublic salubrity or security, or encroaches upon proprietary rights already acquired. The moment a patent expires everyone is at liberty to profit by it. The descriptions of the invention are published, and copies of the models or designs PATENT LAWS OF AMERICA., 13 given to any applicant on payment of the necessary expenses. The same publicity is given to the invention in the event of the patent becoming void from any cause. An injunction may be obtained for the infringement of a patent, the offender being dealt with in conformity with the penal laws of the union. A patent is void when it violates vested rights, the decision in such case? resting with the courts of justice. It also lapses if during a whole year no use is made of the invention, unless it be from accidents beyond the control of the patentee. To secure a privilege a fee of from $5 to $10 (^i to ^2) for every year of its duration must be paid to the government, the entire sum being levied when the patent is granted. In soliciting a patent, the number of j'ears for which it is desired to take it out is mentioned in the petition, but no petition is enter- tained unless preceded by a payment into the treasury of $10, (^2,) which the petitioner forfeits if the application is refused, or if granted is computed as part payment of the fee. COSTA RICA. The power of granting patents is exclusively confined to Congress by Arti- cle XX of the Constitution, which provides that "it belongs to Congress to promote the progress of the arts and sciences, and to secure, for limited time, to authors or inventors the exclusive right of their writings and discoveries." According to this, everyone that believes himself to have a right to a patent of invention must solicit it from the constitutional Congress. ECUADOR. The Congress of the Republic of Ecuador consider that it is important to reg- ulate the mode and form of grant of patents of invention in order to avoid their being transformed into a species of monopoly and to facilitate the acquisition of them if useful to science, art and industry. It is decreed — Article i. The law assures to every inventor the full and entire enjoyment of his own invention, provided that it be not contrary to the laws or good morals. Art. 2. The following shall be considered us inventions, — the means or method? which may be discovered for the improvement of any manufacture or industry. H PATENT LAWS OF AMERICA. I I Art. 3. The following shall not be considered as inventions,— those which consist in theoretical modifications or objects of pure ornament. Art. 4. The State shall have power to buy for public use the secret of any invention useful to industry. Art 5. To assure the author of an invention or of an improvement, the enjoyment of his exclusive property, a patent is to be conceded to him of which the duration shall not be less than ten (10) years or more than fifteen (15). Art. 6. It is unlawful to grant patents to inventors of secret remedies; they cught to publish the compositions of these under the reserve of a just indemnity. Art. 7. The introducers of machines or of new methods of manufacture, or industry unknown heretofore in the Republic, will have the right of obtaining exclusive patents which will be conceded upon the following scale: Art. 8. If the establishment of the machine or industry imported requires a capital or an advance of 25,000 pesos the patent will be granted for three years; if this capital be raised to 50,000 pesos it will be granted for six years; and if the same capital amounts to 100,000 pesos or more, it will be granted for ten years. Art. 9. The patent conceded to introducers of machines or of novel methods of manufacture or of industry already known and employed abroad will only effect for the locality where the machine will be worked or the territory neces- sary for its exploitation. MANNER OF OBTAINING PATENTS OF INVENTION; IMPROVEMENT, OR IMPORTATION. Art. 10. The applicant for a patent in any one of these classes must present to the Executive an application in which he will explain what the invention or improvement consists in, reserving to himself the secret of the method of the substances or of the ingredients which he makes use, or of the instrument which he employs. This application must be accompanied by a specimen of the arti- cle, of the metal worked, or of the improved invention. Art. II. When an application is made for a patent of importation the inter- ested party will add to his application drawings or models of the machine which he propose'!' to establish or a detailed specification describing the principles, methods, and processes of the industry which he desires to establish in the ter- ritory of the Republic as well as the product which he proposes to manufacture. Art. 12. The government will then name a commission of three competent persons to judge of the matter and examine the process or secret constituting the invention, improvement, or importation. Art. 13. This commission will be always presided over by the political chief of the canton where the patent is to be worked; and if the patent be taken foi PATENT LAWS OF AMERICA. 15 the entire Republic, by the chief of the canton where the application shall be presented and by two members of the municipal council who will proceed to he examination of the matter set forth in the preceding article. Art. 14. The two members of the municipal council and the three members of the commission named by the government will take before the same polit- ical chief an oath not to reveal the secret of the invention or improvement and to conscientiously perform their mission. Art. 1 5.^ The commission and the two members of the municipal council will then discuss (the interested party not being present) the advice which they ought to present, taking care to set forth all the divergences of opinion which may occur between themselves. Art. 16. The advice or report mentioned in the preceding article will be remitted under sealed cover with " communication reservie " to the Minister of the Interior. In the same envelope will be inclosed the description of the manufacture, machine or other details which constitute the invention, the im- provement, or importation. Art. 17. Within a maximum period of three months after the receipt of the report of the commission charged to examine the invention, improvement, or importation of the new industry, the Executive Power will remit to Congress the papers furnished by the applicant as well as the report cited above. The Congress after examination will concede or refuse the patent. In the first case it will return the papers presented by the Executive Power, and the latter will send the patent upon stamped paper of the loth class, and cause to be registered at the Ministry of the Interior the application or specification spoken of in Art. 11. Art. 18. In order to avoid the abuse which owners of patents can make of their patents the Government will declare upon the same that it does not guar- antee either the reality, the merit, or the utility of the invention, improvement, or iirportation, and that the interested party will work the same at his own risk and peril. ' Art. 19. The owner of a patent who shall desire to make changes in his invention or in his original application before obtaining his patent or before the expiration of the term of his patent must make a declaration in writing accompanied by the description of his new methods in the form and fashion prescribed in Art. 10 in order to obtain a corresponding alteration in his pat- ent of which the duration shall not in the meantime be prorogued. THE RIGHTS OF OWNERS OF PATENTS. Art. 20. The owner of a patent shall enjoy exclusively the benefit of an invention, improvement^ or importation made the object of his patent. i6 PATENT LAWS OF AMERICA. Art. 2 1. He shall have the right of forming establishments in all parts of the Republic, if his mvention is taken tor the whole extent of it, or all of the localities to which he shall be limited or to authorize parties to employ his methods as well as to dispose of his right as personal property. Art. 2 2. The owner ot a patent shall not be able to assign it in whole or in part except by a notarial act under pain of losing all rights to his patent. Art. 23. In case of an interference or doubt between the authors of two applications, the priority of application for a patent shall be decided by the certificate of the Under Secretary of State for the Interior, who shall inscribe the date and hour of the presentation of the respective applications. ON THE DURATION OF PATENTS. Art. 24. The duration of patents of invention, improvement, or importa- tion shall commence to run from the date of the decree of their grant. Art. 25. The Letters Patent once accorded by the Government shall be registered in a special book at the Ministi^y of the Interior. At the same Ministry shall remain also filed until the expiration of the term of the patent the original application, the specification and other papers spoken of in Art. 10. Art. 26. The grant of patents shall be communicated officially by the Minister of the Interior to the governors of the cantons and published in the Official Journal, it shall also be transcribed in the collections of laws and decrees. CONCERNING THE RIGHTS OF THE NATION AT THE EXPIRATION OF THE TERM OF THE PATENT. Art. 27. When the term of duration of a patent has expired the invention, the improvement or the importation of the new industrial process for which such patent has been granted will become public property. Art. 28. At the expiration of a patent the specification and other docu- ments mentioned in Art. 10 will be published and deposited in the public library of the Capital of the Republic. Art. 29. When a patent shall be declared void from any of the causes men- tioned in the law it shall likewise be puolished and deposited in the Public Library with the object mentioned in Art. 27. Art. 30. The Government will print the specifications and drawings required for the understanding of the process when it shall become public property and will forward a sufficient number of copies to the governors ol Provinces. PATENT LAV/S OF AMERICA. CONCERNING GITARANTEES FOR THE PATENT AGAINST FRAUD. 17 Art. 31. The patentee, if he can show sufficient cause, may, by provisional mandate, require the sequestration of machinery, instruments, or products used or manufactured in infringement of his rights; observing with regard thereto the provisions of the law as m force. Art. 32 The proprietor of such goods shall, if proved guilty of fraud, be condemned to the confiscation of the goods seized, for the benefit of the patentee, and also to the payment, to the latter, of damages and interest in proportion to the importance of the fraud. Art. 33. If the offense be not proved the (patentee) plaintiff shall pay the defendant for the damages caused by the seizure, and further a fine equal to that which would have been imposed on the defendant if he had been con- victed of fraud. Art. 34. If the patentee be disturbed in the exercise of his exclusive rights he niay bring any persons so disturbing him before the ordinary tribunals by which the penalties provided by the preceding articles may be imposed. But ' If he shall raise any discussion as to the validity of the patent judgment must be given by the administration in the person of the Minister of the Interior Art. 35. In case of dispute between two patentees, with regard to two exactly similar inventions, the patent first granted shall be considered valid Art. 36. The second patentee shall in this case be considered as improver of the invention. CONCERNING GUARANTEES FOR THE NATION PATENTEES. A(;AINST ABUSES BY THE _ Art. 37. Shall be declared void, all patents granted for an invention improvement or importation which the tribunals shall condemn as contrary to the laws of the State, to public safety or to police regulations. The patentee will in this case forfeit all claim to an indemnity. Art. z8. The patents siiall also be declared to have lapsed in the following cases : ist. If the inventor be proved to have concealed in his specification the true method of working his invention. 2nd. If the inventor be proved to have used secret processes which have not been detailed in his specification nor in the declaration which, by Art. 19, he is allowed to make to modify the same. 3rd. If the inventor or one pretending to be such be proved to have obtained a patent for an invention which has already been described and pub- lished through the press in the Republic or elsewhere. 4th. If the patentee has allowed a year and a day to pass from the date of granting the patent without having worked his invention and without having juslificd himself in Bull. 3 2 i8 PATENT LAWS OF AMERICA. 12 i mt. >i 11 view of the circumstances as allowed by the laws. 5th. If the inventor or the licensee of his rights, on any grounds, shall violate the obligations attached to the use of his patent. Art. 39. In all cases where the patent shall go void or lapse, from any cause, the provision of Art. 27 will be applied. Art. 40. Every patentee must undertake to submit to the laws of the country on all occasions with regard to his patent and must expressly reject all complaint or diplomatic intervention. Art. 41. All patentees who have patents already in the Republic are sub- ject, as regards the conditions involving the lapse of such patent, to the pro- visions of this present law. GUATEMALA. Article i. Every discovery or invention, in whatsoever description of in- dustry, gives to its aut\or exclusive right to utilize his invention or improve- ment, for the time and subject to the conditions stipulated by this law. Art. 2. Every Guatemalan or stranger domiciled in Guatemala who shall invent or improve any machine, instrument or mechanical appliance, manufac- ture of any kind or process of useful application for the arts or sciences shall be able to obtain from the Executive a " Patent of Invention" or "Patent of Improvement," which shall secure to him for a period of from five to fifteen years the possession of his invention or improvement. Art. 3. In order to obtain this patent, the ])erson interested must apply to the Ministerio de Fomento, personally or by proxy, making declaration of his invention or improvement, setting it forth clearly and requesting the privilege. Art. 4. If the patent be granted, the grantee is required to file within 40 days an accurate drawing of the respective machine or mechanical appliance or a detailed description of the new process, accompanying same by a sample of the manufacture or product if this be possible, and if the same be capable of being preserved, in order that they may be deposited in the archives of the Chamber, under the charge of the official intrusted therewith, and may serve as evidence in case of dispute arising as to the patent. Art. 5. Patents may be granted to persons who have obtained the same in other countries, as long as their discovery has not become public property and provided there exist a convention thereon liet../i;, n the nation from which the application proceeds and Guatemala. Th.rscf.vceiii ; will cease and determine at the same time as the foreign patents; but if such period should be more than 15 years, the privilege can not exceed this space of time. PATENT LAWS OF AMERICA. 19 Art. 6. Every privilege conceded will be registered in a special book, which shall be kept by the respective secretariats. Art. 7. In the patent which is granted there shall be inserted, in case of the grant of the concession, the citation of this law, the invention or improvement of which It treats, the duration of time comprised and the declaration of pos- session of the privilege, and it shall be sealed with the seal of the Ministry of Commerce. Art. 8. The Executive, by the concession of a patent, does not guarantee that the discovery or invention be the property of the person who appears as mventor or :vathor, nor yet its correctness or utility. It will be for those mterested to pro\- .; the contrary before a court of law. Art. 9. Every application for a patent shall be published four times in one month in the Official Gazette, and the patents granted shall be pubUshed at least twice in the same pubHcation. Art. 10. Patents become void, in addition to the case provided for in Art. 4, in the following circumstances: 1. When they have been granted to the prejudice of the rights of a third party in the opinion of a competent tribunal. 2. When a year shall have elapsed without the industry or improvement for which they were granted being put into practice. 3. When after commencement the industry or improvement be abandoned for more than one year. 4. When products are supplied inferior to the samples filed by reason of adulterations made in them. Art. II. Patents will not be granted in the following cases: 1. When the invention or improvement is contrary to prior rights, to public safety and order or to morality and good customs. 2. When the formalities prescribed by the law have not been fulfilled. Art. 12. The patent granted will be solely for the process or means of mak- ing and producing; not for the products which manufactured according to other n*f ihods may be freely prepared and sold. Art. 13. Every person has a right to improve upon the invention of another but not to use the invention itself except with the consent of its owner; in the same way the inventor can not make use of improvements and additions made by a subsequent inventor without the consent of the latter. Art. 14. The grant of a patent causes in favor of the National Treasury a tax of five to fifty pesos for each year of the concession, which the patentee must pay annually in advance. Art. 15. When the prescribed term of the patent has elapsed, the specifica- tions of the author or inventor and copies of the drawings or models will be - t/ V • ' 20 PATENT LAWS OF AMERICA. furnished, at his own expense to any person req liring them ; and it will be henceforth permissible to manufacture according to Lhis system or process. Art. iC. The offenses of falsification, imi'ition, and so forth, against the patented articles will be punished according to the provisions of tho penal L-ode. Art. 17. The Executive may grant concessions in favor of works of public utility which may be established in the countrv or of persons who propose to establish new industries or to improve those already existing. Art. 18. These concessions may be: exemption from or diminution of the amount of the fiscal duties for the introduction of machinery 01 material, the loan gratuitously of public buildings or lands di'ring the term of the concession, exemption from military service of the operatives engaged in the induscry to which the concession relates, actual subventions and premiums, according to the circumstances of the case. » In case of remission or diminution of the duties, the principals or adminis- Ws of die favored undertakings must present, in order to obtain delivery of the good:i, a petition to the respective custom-house which sets forth the fol- lowing details: 1. That the undertaking is included among those which enjoy a concession. 2. That the goods of whicli the delivery is desired are not in excess of the necessity or requirements for the existence of the said undertaking. 3. Give die name of the vessels conveying the goods, marks and number of packages. 4. An inventory of the goods existing in their warehouses or stores, pre- viously imported. The officials intrusted with the forwarding of these goods will adopt the nec- essary precautions to assure themselves of the conformity thereof with the ap- plication and may su-jend the arrangement if any discrepancy appears. If the undertaking fav(ired with exemption from payment of duties shall cease by reason of the concession Ivaving terminated or for any other cause, it shall pre- sent to the respective custom-house a copy of tlie formal inventory of th. arti- cles in existence belongmg to the undertaking, and if the said articles are des- tined for the consumption or use of a thirtl i)arty it remains responsible for the payment of the corresponding dues. Art. 19. Any person who desires to obtain ." concession for the establish- ment of an undertakmg of pul)lic utility or introduction or imiirovement of a special industry shall address himself to the Secretariate of Commerce setting forth fully and explicitly the conditions of the undertaking or industry or im- provement which he may desire to ititroduce. PATENT LAWS OF AMERICA. 21 The Ministry, with the assistance of two or more experts, will report upon the application to the Council of State. The decision of this body having been pronounced, if it be favorable, the concession will be granted, subject, however, to the confirmation of the Assembly, which will take it into consideration dur- mg the next following ordinary sessions. The grantee will be permitted to commence to use the concession granted as soon as it has been allowed; but in case the same be not confirmed by tlie Assembly, he will iiave no claim'to any compensation. Every application for a concco:,ion shall be published four times during one month in the Ofiicial Gazette, before being submitted to the consideration of the Council of State in order that if there should be any one whose rights would be prejudicially afifected he may present himself before the same Secretariate. Art. 20. No especial concessions shall be granted for the introduction of machines for dom-jstic use and other objects of ordinary commerce. Art. 21. The concession granted in favor of a given enterprise will be annulled if it is discovered that the grantee traffics with the raw materials or articles which he imports. Art. 22. In the case provided for by the preceding article, in addition to the forfeiture of the concession, the grantee shall pay the duties corresponding to the whole of the importations which he shall previously have made there- under together with forty i)er cent, upon the total amount. Art. 23. Concessions also become void in tlie following cases : 1. When the time has expired witiiin which the grantee was obliged to introduce the industry or improvement, or to commence the works to carry the same into ])ractice. 2. When after the planting it should be abandoned for more than one year. HAITI. (The Republic of Haiti has no law or i)ractice on the subject, having never yet had occasion to api)ly either. Should it ever feel the want of such a law it would probably base its legislation on the French system.) HAWAII. Be it enactcif hy the Km _^ and Lt\iislative Assembh of the ffiumiian fslandg in the Legislature of the Kin^^ assembled, That section 255 of the civil code be, and the same is hereby, amended so as to read as follows (laws from 1879): The Minister of the Interior, with liie approval of his Majesty the King, may 22 PATENT LAWS OF AMERICA. issue a patent to the inventor or improver of any machine, manufacture, or work of art calculated to improve the interests of science, agriculture, or manufac- tures, and may therein grant to such inventor or improver for any term of years, not exceeding ten, that may be specified in such patent; and upon the grant- ing of such patent the sum of one hundred dollars shall be paid by the patentee to the Minister of the Interior for the use of the royal Exchequer. Every such inventor or improver shall, before receiving a patent, deliver to the Minister of the Interior a full and clear description in writing of his inven- tion or improvement, together with the mode of using or applying the same to the purpose for which it is intended, and the manner and process of making and constructing or compounding the same; and in case of any machine, he shall also furnish, in addition to the written description, accurate drawings and a complete model thereof, and shall also at the same time, if a citizen of this kingdom, deposit with the Minister of the Interior^the sum of thirty dollars, and if a foreigner the sum of one hundred ($100.00) dollars, for the use of the royal Exchequer. Any person who shall have invented any new art, machine, or improvement thereof, and shall desire further time to mature the same, may file in the office of the Minister of Interior a caveat, setting forth the design and purpose thereof, its distinguishing characteristics, and praying protection of his right until he shall have matured the same ; and such caveat shall, upon payment by the ap- plicant of the sum of thirty ($30,00) dollars to the Minister of Interior, be filed in the confidential archives of the Department of the Interior and preserved in secrecy; and within one year thereafter, if the applicant shall desire to avail himself of the benefit of hi^ caveat, he shall file his description, specification, drawings, and model, and pay the fee, as provided in applications for patents. JAMAICA. Applications for patents must be addressed to the governor and lodged with the executive council. They must be verified by the oath of the petitioner or his agent, and must allege that he has "invented or discovered some new and useful art, machine, manufacture, or composition of matter not theretofore known or used within this island, or some improvement in any such invention or discovery, and praying to obtain an exclusive profjcrty in such new inven- tion and discovery or improvement, and that J.etters i'atcnt be granted for the same-" Exclusive rights may be granted for a period not exceeding fourteen years. PATENT LAWS OF AMERICA. 23 All petitions are referred to the attorney-general for examination and ap- proval. In case he approves he certifies them to the executive committee; in case of disapproval he reports his reasons to the governor. Models are to be filed whenever practicable, but where, from the compli- cated nature of any machinery, the cost of a model may be so great as to prevent an ingenious but poor inventor from furnishing it, the governor and council may authorize it to be dispensed with. All patents granted must be put in operation within two years. Patentees in other countries are not debarred from obtaining patents in Jamaica, provided the invention has not been brought into general use in the colony prior to the application. A penalty of $250 is imposed for counterfeiting or imitating patented arti- cles. The stamp duties amount to about $30, MEXICO. Article r. Any Mexican or foreigner, who is the inventor or improver ot any industry or art or of objects destined therefor, has the right, by virtue of article 28 of the constitution, to the exclusive use thereof, during a certain number ot years, under the rules and regulations prescribed in this law. In order to acquire this right, one must obtain a patent of invention or im- provement. Art. 2. Every discovery, mvention, or improvement that may have for its object a new industrial product, a new manner of production, or the new application of means, already known, for the obtainnient of a result or of an industrial i)r<)duct, is susceptible of being |)atc'nted. Chemical or pharma- ceutical products are likewise susceptible of being i)atented. Art. 3. An invention or improvement shall not be cctnsidered new when in this country or abroad, and prior to the petition for the patent, it may have eceived a sufficient publicity to be put into practice. l':xce[)ting, however, rhe case when the publicity may have been made by a foreign authority em- powered to issue patents, and when the invention or improvement may have been presented in expositions held witiiin the territory of the Kepublic or abroad. Akr. 4. The following can not be patented: I. The inventions or improvements whose working shall be contrary to the laws forbidding them or regarding public security. 24 PATENT LAWS OF AMERICA. II. Scientific principles or discoveries while they are merely speculative or be not put into practice by means of a machine, apparatus, instruments, mechanical or chemical proceedings of a practical industrial character. Art. 5. The concession of a patent does not guaranty the novelty nor the usefulness of the object to which it relates, nor does it solve questions that may arise therefrom. Consequently, it must be granted without previous examination as to the novelty or utility of the invention or improvement, or of the sufficiency or insufficiency of the descriptions that may accompany the petition. Art. 6. The concession of a patent can only be made with reference to one object or industrial process. When two or more can be combined among themselves to produce the same industrial result, there must be asked the number of patents that may be necessary tlierefor. Art. 7. The rights granted by virtue of the patents issued in the Republic for objects or processes, that may have been or may hereafter be protected by foreign patents, are independent of the rights that the same may grant, and of the eftects cr results that they may produce. Art. 8. The effects of a patent are : I. To deprive every person, without permission from the owner of the patent, of the right to produce, through industrial means, the object of the invention, or to j)hice it in the market and from selling it. II. With reference to a process, machine, or any other manner of wo'-king an instrument or other means of operation, the effect of the patent is to deprive others of the right to apply the process or to use the object of the invention without the permission of the owner of the patent. Aki. 9. The i)atent does not produce any effect whatever, as regards a third party that was already secretly working or had made the preparations necessary for working within the Republic the invention or process before the presentation of the patent. Ar'i. 10. The effects of the patent do not comprise the objects or products that may cross in transit the territory of the Republic or may remain within its territorial waters. Art. II. The right of petitioning for a patent for objects or processes that may be protected by foreign patents can only be granted to inventors or im- provers or to their legitimate representatives. Arf. 12. Inventors shall have the period of one year from the date of the patent within which they sliull have exclusive right to petition for patents for improvements. Art. 13. Patents may be granted for 20 years from the date when the same PATENT LAWS OF AMERICA. 25 shall have been issued; nevertheless, when the patents shall be asked for objects or processes already protected by foreign patents, the terms of duration can not exceed what may be wanting for the expiration of the first patent issued in favor of the petitioner. Art. 14. The term of a patent may be extended for 5 years at the discretion of the Executive. The extension of the term of a patent of invention involves the extension of the term of the supplementary patents of improvement relative thereto. Art, 15. On payment of a fair indemnification the Executive may appro- priate a patent on the ground of public policy or on account of the patented article being of such a nature that its free use is capable of proving an impor- tant source of public wealth. However, this can only be done under ont: of the following circumstances : I. When the patentee refuses to allow his patent to be worked. II. When the machine, apparatus, instrument, or process is capable of being produced or used in the country. The regulations will determine the formalities and procedure to be observed in the appropriation of patents for the public good. Art. 1 6. In order to obtain the protection of this law, application must be made in due form to the department of public works, to which the power to grant patents belongs. Art. 17. The first applicant for a patent shall have in his favor the pre- sumption of being the first inventor, and moreover enjoys the right of posses- sion. Art. 18. Inventors, whether citizens or foreigners, who are unable to apply personally to the department of public works, may appoint attorneys in fact to act for them, both in obtaining the patent and in lawsuits and other matters relative thereto. Citizens may appoint an attorney in fact by a common letter of authoriza- tion, but foreigners must grant a regular power of attorney duly registered. The effects of the power of attorneys cease with the issue of the patent, unless it be otherwise stated in the power. Art. 19. Petitions for the granting of letters ])atent shall be published in the official journal of the Federal Government during a period of 2 months, at intervals of 10 days. Ari. 20. During the period of time mentioned in the foregoing article, interference jjrocecdings may be instituted by any one with a view to prevent the granting of the patent solicited. After the said period of time has elapsed no proceedings of interference will be allowed. " |! 26 PATENT LAWS OF AMERICA. Art. 21. Interference proceedings can only be instituted on the following grounds : I. That the alleged invention or improvement is not properly patentable under the provisions of this law. II. That such alleged invention or improvement has been taken from descriptions, drawings, models, devices, apparatuses, or methods invented by another, or from processes already reduced to practice by another, or, in gen- eral, on the ground that the applicant is not the original inventor or his legiti- mate assignee. Art. 22. If two or more persons claim the same invention, the first inventor shall be entitled to the patent, but if priority of invention can not be determined, the patent shall be granted to the first petitioner. Art. 23. If interference proceedings be instituted, as determined by articles 20 and 21, thd department of public works shall summon the parties and en- deavor to reconcile their conflicting claims. But if this is not obtained, the department shall suspend all further executive proceedings and shall transmit all the evidence in the case to the proper judicial authority. The party insti- tuting interference proceedings shall be allowed two months to make good his action in court, but if he fail to do so within this time, his claim shall be dis- allowed. Art. 24. All sentences given by the judicial authority shall be transmitted to the department of public works that they may be duly enforced. Art. 25. The decrees of the department of public works granting a patent can only be canceled by a judicial sentence, and only owing to the nullity of the patent. Art. 26. At the expiration of the 2 months referred to in article 19, and after the Government tax has been paid into the treasury of the nation, the letters patent shall be issued with reference to the invention or improvement sought, provided always that letters patent covering the same invention have not previously been granted by the department of public works. Art. 27. Letters patent issued in the name of the nation shall have sub- scribed thereto the signature of the President of the Republic, be countersigned by the secretary of public works, and bear, besides, the great seal; further- more, they must contain in clear language a description of the discovery or improvtment patented. The letters patent, with one of the copies of the drawings, samples, models, and other matters under seal, together with the documents presented with the petition duly certified l)y the subsecretary, shall constitute the title of property or the person who may obtain the patent. " PATENT LAWS OF AMERICA. 27 Art. 28. Letters patent shall be recorded in a special record wherein the appropriate entries relative thereto shall be made. Art. 29. All letters patent that may be issued shall be published in the offi- cial journal ; and, furthermore, every year, a special book shall be published which must contain a clear and exact description of the inventions or improve- ments, as also copies of the drawings. Art. 30. AH inventions protected by letters patent shall bear a mark stating that fact and the number and date of the letters patent. Art. 31. Letters patent shall require the payment of a fee amounting to from $50 to $150, payable in Mexican dollars or in bonds of the national consolidated debt. Art. 32. In case of the extension referred to in article 14, a new fee shall be paid in conformity with the foregoing article. Art. ^^. The owner of letters patent for an invention or improvement must prove before the department of public works, within the period of 5 years after the date of the patent, that the objects or processes protected thereby are manufactured or employed in the Republic or that everything necessary has been done for the purpose of having them so employed or manufactured. The term within which these facts must be proved can not be extended. Art. 34. The department of public works shall make an entry in the regis- try of letters patent of the fact that the requirement referred to in the foregoing articles has been complied with. Art. 35. Letters patent are null and void — L Whenever they may have been issued in contravention of what is pre- scribed in articles 2, 3, and 4. Nevertheless, when letters patent shall have been obtained, in conformity with a petition wherein the petitioner has pre- sented and obtained more than what he is entitled to as the first discoverer or inventor, his letters patent shall be valid in so far as it relates to whatever he may be entitled to, provided it does not infringe the provisions of the follow- ing subdivision and that no fraud shall have been committed upon making the petition. In this case the letters patent shall be limited to what it should only comprise, the proceedings relating thereto to be in conformity with what is prescribed in article 39. II. Whenever the object for which the patent has been asked is different from that which is obtained by virtue of the letters patent. III. Whenever it is proved that the main object sought in the petition for the letters patent is comprised within one of the cases referred to in subdivision II of article 21. 28 PATENT LAWS OF AMERICA. The proceedings to invalidate letters patent have to be commenced within the term of i year after the date when the patent shall be put in operation in the Republic. Art. 36. An action for the purpose of declaring invalid letters patent before the courts may be instituted in the name or on behalf of the district attorney. Whoever may work or have in operation the same industry shall have the right to interpose an exception and take part in the proceedings of interference. Art. 37. Letters patent shall lapse — I. Whenever the term for which they were granted shall have terminated and they may not have been extended. II. When they shall be given up in part or in their entirety. III. Whenever compliance shall not have been made with the prescriptions of article 33. Art. 38. The department of public »works shall declare the invalidity of the patent in the two first cases referred to in the foregoing article; in the third case that can only be done by the court at the instance and request of the dis- trict attorney or of the party in interest by instituting an action of interference proceedings therefor. Art. 39. The determinations of nullity and lapse of letters patent shall be published in the official journal of the Federal Government and entered in the record of inscriptions of the department of public works. Art. 40. The determinations of nullity and lapse of letters patent produce the effect of subjecting the inventions or improvements to the use thereof by the public in general. In case of giving up any letters patent, if only a portion of the same is given up, then the public has merely the right to use the portion thus abandoned, the letters patent remaining valid as to the rest thereof. The abandonment shall be made by writing and be entered in the record. Art. 41. The ownership in letters patent may be assigned by any of the means establislied by law with regard to private property, but no act of as- signment or any other that implies the modification of the right of property shall be prejudicial to the rights of third parties, if the same shall not be re- corded in the office of the department of public works. Art. 42. Everything relating to the fraudulent infringement of letters patent shall be subject to the prescriptions of the penal code of the federal district and to those established by the codes of procedure. Art. 43. The proceedings relating to letters patent at present pending shall be continued and decided in conformity, in all particulars as to the part not ter'ninated, with the presciptions of this law. PATENT LAWS OF AMERICA. 29 Art. 44. All those at present enjoying privileges by virtue of letters patent now in full force, may avail themselves of the provisions of this law upon paying beforehand the fees herein set forth. Art. 45. The executive of the union may issue rules of practice appropriate to this law, and may establish, if he deems it proper, a patent office in con- nection with the department of public works. Art. 46. The law of May 7, 1832, and every part thereof, and all other provisions of law adopted relative to this subject, are hereby repealed. NICARAGUA. The resolutions of the Spanish Cortes, of 21st September, 1821, regulating the right of property in inventions, are nominally in force in this republic. Decree 43 declares as to this right— to consider as proprietor of his work him who should invent, import, or introduce. The Government, by means of the proper minister, will issue to the said pro- prietor a certificate, in which will appear his name as inventor, improver, or introducer of the work, a description of it (the invention), and the duration of the exclusive right. This certificate will serve as a sufficient title ; but in order to obtain it it is necessary that the petitioner should address hmiself to the pre- fect of the department or to the municipality, giving an account of his work, describing it with the greatest exactness possible in conformity with the model, which the same la»v establishes. The said • ' -^'-ines, in their rum, shall be obliged to give to the petitioner testimony ot e ^ which may serve for the information of the minister of the department. The inventor si .tvt ten years of exclusive property, the improver seven, and the introducer five. These terms may be extended by the sovereign power on the proposition of the Government, to fifteen, ten, and seven years, respec- tively. The inventor, improver, and introducer, apart from the aforesaid terms, will cease to be considered as sole proprietors, first, if they cede their right for the public good ; secondly, if they let six months pass without taking up the cer- tificate; thirdly, if they let two years pass without putting in execution their invention, perfection, or improvement. This is, in substance, that which is decreed by the Spanish Cortes. Article XLII, section 22, of the constitution of Nicaragua, however, confers 30 PATENT LAWS OF AMERICA. OK Congress power to grant rewards and privileges to inventors, and in prac- tice the rules of the decree cited above are not followed. He who wishes for a reward or privilege seeks it from Congress, which con- cedes it, if it sees fit to do so. B'l' PERU. Article i. Any discovery or invention in any branch of industry whatso- ever gives the author the exclusive right to work it to his profit, under the con- ditions and during the time determined by this law. This right is derived from a patent granted by the Government. Art. 2. The following are considered inventions and discoveries : ist. New industrial products. 2nd. New processes or the new application of known pro- cesses for obtaining an industrial product. Art. 3. The following can not be patented: ist. Pharmaceutical prepara- tions or remedies of any kind whatever. 2nd. Plans or combinations of credit or finance. 3rd. Processes having for their object the use of known methods for the improvement of an industry the exercise of which is free within and without the territory of the Republic. Art. 4. In the third case of the preceding article, will be admitted and then only in cases of necessity, proposals relating to contracts allowed by the law. Art. 5. The duration of the patents" cannot exceed the term of ten years, and the proprietors shall pay every year a tax of (100) one hundred soles (dollars). Art. 6. The applicants for patents of invention or of importation must pre- sent themselves oi- the Prefecture of the department in which they may desire to establish their industry or at the Prefecture of the department in which they reside if it is to be established in two or more departments. Art. 7. The application must contain: ist. The specification of the inven- tion or of the object which it is proposed to introduce. 2nd. The drawings or models necessary for understanding the same. 3rd. The list and explanation of the models presented. 4th. The clear and precise indication or determina- tion of the principal object and of the details which constitute the invention and the specification of its methods of application. 5tb. The duration of the pat- ent. 6th. The indication of the guarantees presented for the realization of the product. Art. 8. This application shall be written in Spanish and, in conformity, as PATENT LAWS OF AMERICA. 31 regards the metric system of weights and measures, with that in use in the Repubhc. In the case of an application for patent bearing the signature of a . foreigner, this latter must expressly reject all diplomatic intervention with regard to the patent applied for, and must submit absolutely and exclusively to the laws and tribunals of the Republic. Without this condition his applica- tion will not be taken under consideration. Art. 9. The prefects will, with regard to the application for patent, take the opinion of the municipality, the treasury or agent of the treasury, or other functionaries according to the nature of the case and will consult experts it required. After having fulfilled these formalities thev will forward the docu- ments, with the specification, plans, models, &c., to the proper authorities at the expense of the person mterested. Art. 10. The Minister of the said department will take the opinion of the treasury, of the Su])reme Court, and of any other functionaries which he may consider necessary to consult and, according to the information he may receive will grant or refuse the patent. ' Art. IX. a prolongation of the duration of patents as well as changes or alterations in the terms of the same can only be granted by a resolution of the legislature, made at the request of the persons interested and for just causes founded on proved facts and authentic documents. Art. 1 2. The proprietor of a patent alone may work such patent during the period of its duration. Any other person desiring to do so must be authorized by him or must be put in his place and stead by a contract of transfer or by any other means provided by the laws. Art. 13. The patents are void and of non effect in the following cases: ist. • If the discovery, invention or application be not new. 2nd. If the object ot the patent do not come under the terms of Art. 2. 3rd. If the patent refer to principles, methods systems, or theoretical or scientific discoveries for which no ind istrial application is shown. 4th. If the discovery, invention or appli- cation be contrary to order and public safety, or to the laws without exemption, in this case, from the penalties imposed upon manufacturers or merchants of prohibited objects. 5th. If it should appear that the applicant for a patent has fraudulently obtained privilege for an object diff-erent to and distinct from the invention. 6th. If, on working the invention it be found not to agree with the specification annexed to the application. 7th. If the patent have been obtained in infraction of any of the provisions of the present law. 8th. If, at the same time as the patent there be given pecuniary grants not included in the budgets of the Republic, or contrary to the laws. Authorizations relating 32 PATENT LAWS OF AMERICA. to changes, additions or improvements not contained in the original patent are also void and of non effect. Art. 14. A discovery, invention or application will not be considered new, which prior to the date of application for the patent shall have had, in Peru or elsewhere, sufficient publicity to enable it to be put in practice. Art. 15. The proprietor will forfeit his rights if, ist, he do not pay the annuity or tax fixed in Art. 2. 2nd. If he do not put in practice the discov- ery or invention within two years or any term which may be stated on the Letters Patent unless he can legally justify his delay. 3rd. If he introduce objects manufactured abroad and similar to those protected by his patent with the sole exception of the models of machines the introduction of which may be authorized by the Government after due investigation. Art. 16. Whoever shall by means 'of advertisements, prospectuses marks or otherwise give himself the title of proprietor of a patent without legally pos- sessing such patent or after it has gone void shall be punished by a fine of fifty (50) to a thousand (1000) soles (dollars) without exempting him from the pen- alties incurred for the crinie of for^'-ery. Art. 17. All persons who may be jusdy interested will have the right to deniand the voidance or lapsing of a patent. The public prosecutor will take part in the action and if the patent be declared null or lapsed, from whatever cause, notice will be given thereof by the said prosecutor. Art. 18. Any infringement of the rights of a proprietor of a patent, whether in the manufacture of the products or in the use of processes mentioned in the application will constitute the crime of adulteration and will be punished, according to the importance of the case, by a fine in favor of the person inter- ested and by the confiscation of the objects manufactured. Art. 19. All privileges or patents at present in force and which have been granted in conformity with provisions prior to this law, will remain in force for the whole period for which they have been granted. SALVADOR. m The Constitution of Salvador confers power upon the Executive to concede privileges to the authors of useful inventions. No secondary law has been passed defining or restricting the terms on which those privileges should be granted. PATENT LAWS OF AMERICA. 33 UNITED STATES. The laws of the United States relating to patents are contained in sections 4883 to 4936 of the Revised Statutes of the United States. Any person who has invented or discovered a new useful art, machine, man- ufacture, or composition of matter or improvement thereof, not known to others or described in any printed pul)Hcation, can apply for a patent giving the exclusive right to make, use, or vend the same for 1 7 years. Application must be made in writing to the Patent CTice, under oath, stat- ing that the applicant believes himself to be the original inventor or disco'verer of the article for which application for patent is made. The applicant must state of what country he is a citizen. Accompanying the application must be a full, clear, concise, and exact description of the invention or discovery, and the mode of constructing, compounding, or using it; and in case of a machine the princfl^le must be explained and the manner in which it is to be applied, distinctly pointing out and claiming what is the part, improvement, or combi- nation for which the patent is asked. The specifications and claims are signed by the inventor and two witnesses. Drawings, signed by the inventor, or his attorney, and two witnesses, must be furnished when practicable. Samples, and the ingredients may be required in case of compositions. Models may be required in cases admitting of a model. Application must be comi)leted within 2 years after filing, and upon failure to prosecute for 2 years the application may be considered abandoned. Patents may be grantetl for inventions which have been patented abroad, unless the same have been introduced into public use in the United States for two years prior to the application. Patents so granted are limited to expire when the foreign patent expires, or in 17 years. Assignments must be registered in the Patent (Office, and be in writing. Articles patented must be labeled or marked as such. Penalties for falsely marking articles as patented are enforced in the 1 'nited States courts. Citizens, or aliens who have resided one year in the United States and made oath of intention to become citizens, makini,^ a new invention and desiring time to mature the same, may file a caveat in the secret archives in tl-e Patent Office, which will entitle the inventor to the notice of any application made during the year which might interfere with his invention. Upon receipt of such notification the specification, description, etc., for the completion of the patent must be filed within three months thereafter. When a claim for patent is rejected, the reasons for rejection are given together with such information and references as may be useful in judging of the propriety of renewing the application or altering the specification. Bull. 3 3 34 PATENT LAWS OF AMERICA. Notice of interferences are given to applicants having pending claims. Where claims are rejected, appeals lie from the primary examiner to the ex- aminer in chief, and from him to the Commissioner of Patents, from whom an appeal lies to the supreme court of the District of Columbia. Whenever a I)atent or application is refused by the Commissioner of Patents or the supTCme court of the District of Columbia, an ai)plicant may file a bill in equity in any circuit court of the United States, and if successful a patent will be issued by the Commissioner of Patents upon the record certified from the court. Whenever patents are iiioperative, by reason of defective specifications aris- ing from mistake, upoi surrender of the patent a new patent in accordance with the correctetl specification may be issued. Where an accidental claim has been made by n patentee for more than the aijplicant was tiie ori-nnal niventor, a disclaimer may be filed in the Patent Office for such parts of the invention as he does not choose to claim. Actions and suits in matters relating to patents are cognizable in the circuit courts of the United States. The official fees of the Patent Office are as follows: On filing each original aj)plicalion for a patent, except in design cases, $15. On issuing each original patent, except in design cases,, $20. In design cases: For 3 years and 6 months, $10; for 7 yerrs, $15; for 14 years, $30. On filing each caveat, $10. On every application lor the I'eissue of a patent, $30. On filing each disclaimer, $10. On every application for the extension of a patent, $50. On the granting of every extension of a patent, $50. On an appeal for the first time from the primary examiners to the examiners- in chief, Jfio. On every appeal from the examiners-in-chicf to the Conmiissioner, $30. For certified copies of patents, and other i)ai)ers, including certified printed copies, 10 cents per hundred words. For recording every assignment, agreement, power of attorney, or other paper, of three hundred words or under, $1 ; over three hundred and under 6ne thousand words, $2 ; of over one thousand words, $3. For copies of drawings, the reasonable cost of making them. PATENT LAWS OF AMERICA. 35 VENEZUELA. Any person, the author of a discovery or invention in matters of industry or ot an improvement not before used or known, or who introduces from abroad any kind of manufacturing process or industrial improvement known in other countries, but not in use in Venezuela, can obtain a patent or industrial privi- lege. To obtain the patent above alluded to a petition must be addressed direct to the minister of the interior, stating, in a clear and precise manner, the prin- cipal and essential points of the discovery, invention or improvement, accom- panied by so complete, clear, and correct a description that any one acjuainted with the art could obtain the result or manufacture the article'if employing the means of proceeding in the manner indicated. Provisional declarations unaccompanied by the above-mentioned description are not taken into consideration. On the petirion having been presented, the day and liour of its having been made are noted on the margin, in order to insure to the petitioner the i)Hority ot the discovery or invention. Should the patent be in dispute between the persons, the first who had ap- l)lied for it is entitled to it; an. The form of tiie article given by tho manufacturer. 3. Color of products. 4. T(«rms or designations which may lie in general use. 5. Designations usually employed to indicate the nature of products or t lie class to which they belong, (i. Designs or expressions contrary to morals (Art. 3.) Ownership and transf,r.—Ahso\nio property in (lu> niar!< and tlie right to opixise the use of any other which may cause confusion directly or indirectly betwet-n tho products shall belong to the manul'aetiu-er or merchant who may have complied with the re(|uirements of the law. (Art. 4.) Ownership extends iio further than industries of the same kind. (Art. 5.) Ownership ]iasses l.i the heirs and may be transferred by contract. (Art. 7.) Ownership passes with the t-ale of the estaiilish- nient, unless otherwise excepted. (Art. 8.) Transfers mlI^t be recorded in the olHcein which registered. (Art. 9.) Only those marks for which the otli, ,. has given certificates of proprietorship shall be c.iiisiilered elb-ciive imdcr the law. (Art. 10.) The right nf prelereuif b.r the i^mpert^ m a mark .shall be determine 1 by tln' date of apiilicatiun. (Art. 1").; 3i) \l 40 TRADE-MARK LAWS OF AMFRICA. Duration -Ten years. Can bo rene-.ve,l for the sani(^ peri.vl ropmterllv bv the same formahties, etc., paym- the samefee. (Art. 11.) ( Arge.itiae Kenublic.) ' Tea years. Renewable for same period indefinitelv. (Urn<-uay ) FonnaUties necesswjj to obtain ownership i>f ^/v,,Ze-m:(rA-. -Application to tlie patent office accompa>iie 1 by two copi.^s of tho mark. 2. Description in duplicate of the mark or sign, if figures or eml;Iems. Designation of the class of objects to ^vlucil the mark or sign is intended to be applied, and whether to be applied to pro.bicts of a factory or to articles of commerce. 3. Re.vipt from the general treasury of the payment of forty piasters. 4. Power of attorney whenever the applicant does not appear in person. (Art. 1:5. ) _ OfK-e rerjnlatinnH.—X summarized entrv of the applications shall be madr in suhstance their contents, with mention of the date and hour of j.resentation ..is entry shall be signed by the chief of the burean, the secretary, and the applicant who shall be entitled to copies without other expense than the stamped paper.' (Art. 14.) I i 1 • The patent office shall keep a book in which shall be inscribed grants of marks accordmg to the order of their delivery. The chief of the bureau shall furnish every three months to the executive govern- ment a statement of the certificates granted and refused, with their respective dates which shall be published. (Art. 18.) Marks shall be classed in the files of th(> patent othce. In case of litigation the record shall be exhibited. (Art. :.^0.) Marks may be examined at the patent office bv the public. (Art. 21.) Furmofcertijk'ute.-Th^ certificate delivere.i by the "patent office shall consist of a certihcate of grant aco.upanied by a duplicate of the description an.l tlin de- sign. It s|liall be attested in the name of the nation by authoritv of the government and shall be countersigned by the signature of the cliief of the i)ureau and the sec- retary, and the stamp of the bureau. (Art. KK) Appeal- Am^t^yX may be taken within 10 days to the minister of the intcri. .r from a decision ot the bureau refusing to accor.l .property in a mark. The minister, after having heard the attorney of the treasury, shall confirm or reverse the de- cision. (Art. 17.) fVrs.-Registration, 40 hard dollars. Rcconling an.l certificate of transfer 20 hard d. .liars. For each atteste.l copy, 4 liard dollars in addition to the stamp on tiie pap,;r. (Art. 10.) (ArgenUne.) Fifty dollars in gold. For registering transfer, $,*.) in gold. (Uruguay.) ' NmneH of indivhlnah a, „1 _finn,. -Tho merchant's name, the firm name, tlie sic^n or the designation of a house dealing in particular articles, constitute in,)lication to one object is sufficient. (Art, 29.) Infonaatioiitohegiven by infringcr.-Tho^e who sell or offer for sale articles with an infringing or counterfeit mark shall give to the proprietor complete written information of the name ami address of those t(i whom Ite has made sales or attempted to make sale as well as the date when the transactions commencetl, and in case of refusal to supply such information they shall be compelled by law under the penalty of being adjudged accomplices. (Art. 31.) DisjMnition of infringing gnods and /a/>i'As.— Articles bearing counterfeit marks found in the possession of the falsifier or Ids agents shall be seized and sold ; and the product after paying costs ami indenmity establislied I)y law shall beai)plied to the service of the public school of the province where seized. (Art. 82.) The false marks found in the possession of the infringer as well as the instru- ments employed in the falsification shall be destroyed. (xVrt. 83.) Proceedings against infringers.— OnW the person injm-cd shall institute criminal procee ir//() nun/ register. — Any nuiiiufacturer or mercliMnt. (Art. 1.) \\'/iaf are registralile tters or llgures can only serve for this |)ur- poMc wlien of a ilistinclive form. i^Arl, 2.) V I 42 TRADE-MARK LAWS OF AMERICA. lii! ii ^Miat are not registrable as trade-marks.— ^lavk^ containing or consinting of : (1) Anns, crests, medals, or public or official distinctive signs, wh ther maive or foreign, when for their use proper authorization shall not have been obtained ; (2) the signature or name of a commercial firm of wliich the applicant caiuiot legally make use; (;3) indication of a determined locality or establishment which isnot^thar of the origin of the object, whether or not there be joined to this indication a fictitious or anotlier's name ; (4) words, pictures, or allegories which involve ottence to either intlivi.luals or the public decorum ; (5) reproduction of another marlc al- ready registered for objects of the same si)ecies ; (G) complete or partial imitation of a mark already registered for products of the same species which mav l.^ad to error or confusion of the buyer; the possibility of error or confusion shall be con- sidered verified whenever the differences between the tw(j marks cannot be recog- nized without careful comparison or examination. (Art. IS.) Ownership and fraus/t-r.— Registration, deposit, and publicaticm under the present law are indispensable for the guarantee ,of the exclusive use of trade-marks. (Art. 3.) The mark can only be transferred with the business. Transfer shall be noted on the registry book on the exhibition of f he document. The same note shall be made if the mark remains after a change of firm. In such case publication is necessary. (Art. 13.) D(tm^<'o/i.— Fifteen years. Can be renewed for same term repeatedly. Lapses on failure to use for three years. (Art. 12.) Formalities necessary to obtain ownership of trade-mark.— The Junta Commer- cial of the place of tho house, or of the principal house (when braixches) and of Rio de Janeiro for foreign marks and for thosa registered in other Juntas, are em- powered to register. (Art. 5.) The interested party or his special attorney must make a petition, accompanied by three copies of the mark, and coutaiiiing a description of the marl- and all its acces.^ories and explanations of the sjline, a designation of the kind of industry ov of commerce to which it is to be api)lied, the profession of the applicant and his residence. (Art. a.) ^ Ap2)eal.—AY>iieal to the court of second instance from decisi )n refusing registra- tion, aul also in case of decision admitting to registratiim by whoever may c(msi(ler himself prejudicially affected, (i) Tlie interest.nl party in cases 2 and 3, Art. 8. (3) The injured indivitlual in case 4, Art. 8. (A) The public i)rosecutor incases l' and 2, last part Art. 8. Term of appeal 5 days for residents, 30 days for nonresidents (Art. 1(1.) Names of individnih andfirms.-Evpvy personal or firm name can only be used as a trade-mark when clothed in a distinctive form. (Art. 2.) Punishment for infrin(/ement.—^\uin be punishe 1 i)v a fine of from ^rm to ,f,-, 000 or by imprisonment from one to six months, who: (1) Reproduce, in entiretv or in part, a mark duly registered and published without authoritv from its in-ojirietor or his legal representative; (3) make use of another's mark or of acoimt(>rfeit.^d mark in the terms of No.l; (3) sell, or expose for sale, objec-ts bearing another's mark or counterfeited in whole or In part; (4) imitate a mark so that it luiv misl -a 1 the buyer: (.-,) use the mark thus imitate 1: ((?) soil, or exp.we r.,r sale. oi)j mMs bearing the imitated mark: (T) us(> a commercial naiv or signature not belonging to thenr, whether or not it form part of a registered mark. (Art. 14.) w: t I TRADE-MARK LAWS OF AMERICA. 43 Shall be punished wit fines of from $100 to ^oOO, in favor of (lie State, who: (1) Without proper authority, use native or foreign arms, crests, pubhc or ufticial dis- tinctive signs; (2) marks wliich are offensive to public decorum; (:5) a mark contain- ing indication of a locality or establislnnent which is n(jt tliat of the origin of tlie object, whether or not there bo joined to tiiis indication a supposed or another's name; (■!) sell or expose for sale, merchandise or pro(hicts bearing marksasdescrilted in Nos. 1 and 2 of this article; (.jj sell or expose for sale merchandise or product* marked as in No. 3, (Art. 15.) He who uses a mark containing personal offence, or sells or exposes for sale arti- cles bearing such a mark, shall suffer the penalties of article 237, sec. 3, of the criminal code. (Art. 16.) Infringement.— To constitute the imitation referred to in Nos. 4 and G of this ar- ticle it is not necessary that the resemblance to the mark becomi)lete, it sufficing, whatever the difference may be, that there exist a possibility of mistake or confu- sion, as laid down in the latter part of article 8. The usurpation of a name or commercial signature treated of in No. 7, whether the reproduction b? entire, or with additions, omissions, or alterations, shall be con- sidered to exist if there be the said possibilitv of mistake or confusion by the buyer (Art. 14.) Disposition of infringing goods and labels.— The interested party may solicit: (2> Seizure and destruction of counterfeited or imitated marks in the workshop where they are prepared, or wherever they may be found, before being used for criminal purposes. (3) Destruction of the counterfeited or imitated marks on the packages or objects bi>aring same before their dispatch by the fiscal department (custtmi- house) even though the wrapper and tlie mercliandise and produce be thus dam- aged. The objects seized shall serve to guarantee the payment of the fines and damages for which tiiey shall be sold l)y auction during tlie progress of the action if they be of a substance which quickly deteriorates, and otherwise at the execution of the sentence. (Art. 21.) Proceedings against infringers.— CvimmaX action against delinciuents. staterl in Nos. 1,2, and 4 of Art. 15, shall be instituted liy the public prosecutor of the district in which the objects bearing the marks treated of be found. Those competent in the cases Nos. 3 and 5 aiwany naercliant or manufacturer of a similar article resi ling in the place of its pro luction an 1 the owner of the estab- lishment falsely indicated: and against those delinquents referred to in Art. 14 and 10, the injured or interested parties. (Art. 17.) 1 CANADA. Date of lnn\—yh\\ 15. 187!». 117(0 mail /vY//,s^'/'.— P'rf)[tri('tor. (Art. C^.) What are rciiistrabh'. as trade-marks.— \\\ marks, nnnics. brands, labels, jiack- ages, or other business devices which may bf adopted for use liy any person in liis trade, business, occupation, or calling, for the purpose of distinguishing any manu- facture, product, or arficle of any description by him manufactured, iiroihiccd. com. pounded. pack(>d, or oifered for sale, no matter how aiipH.'d. whetlier to sucli man- ufacture, product, o- article or to any imckagc. parcel, case, box, or .titer \fss:'l ur 1 44 TRADE-MARK LAWS OK AMERICA. receptacle of any description whatever containing the same, shall he oonsiilerecl and knou-n as trade-marks and may be registered for the exclusive use of the party re- istering the same. (Sec. 8.) t j o Wud are not regLstmble as trade-maHcs.-A m^rk identical witli or wiiich re- sembles a trade-mark already registered, or calculated to d.^ceive the pubMc or which coutams any immorality or scandalous figure, or which does not contain the essentials necessary to constitute a trade-mark properlv sjjeaking. (Sec 5 ) Oiouership and transfer. -Every registered trade-mark is assignable in law, and on production of assignment and payment of fee for recording same (12) assign- ment shall be entered on the margin of the register of tra;le-marks. (Sec 14 ) ° Duration.-A general trade-mark shall endure without limitation. A si^ecific trade-iuark for a special class of merchandise twenty-tive years, subject to repeated renewals by reregistration. (Sec. 10.) Formalities necessary to obtain oirnership of trade-mark.— For^vardiiKr to the minister of agriculture a drawing and description in duplicate of trade-inark to- gether with a declaration that the same was not in use to his knowled.-e by any other person than himself at the time of his adoption thereof. (Sec. 6 ) ° Office regulations.-mnhter of agriculture sliall register trade-mark and return to the proprietor one copy of tlie drawing and description, with a certificate (see form of certificate). (Sec. 7.) In case of application for registration of trade-mark like one alreadv re-istered the jmnister of agriculture inay bring the parties before him for the pnri)ose of estabhshmg who is entitled to the mark. The minister may make an entrv or cancellation, or both. (Sec. 15.) Form of certificate.— Copy of drawing and description with certificat > si-nied by the minister to the effect that the said trade-mark has been duly registered and the date in the register. (Sec. 7.) Foe.s. -General trade-mark, $30; specific trade-mark, $35. Renewal of specific, $20. Separate copy of certificate, ."^l. Recording assignment. $2. Punishment for infringement.— yiiirkin) nor more than $10l), which shall be paid to the proprietor of the mark, together with the co^;t. (Sec. lO.) Proceedings against infringers.— Snit against person us.ag registered trado-mark or any fraudulent imitation thereof, or selling articles bearing such trade-mark or any imitation thereof, or contained in packages being or purporting to be his contrary to the i)rovibions of act. (Sc-c. 17.) " ' Any complaint under section IG for misdemeanor shall be maile by the proprietor of the trade-mark. (Sec. 16.) CHILI. D'lte of /fTH'.— -November 12, 1S74. Who ma>j /V7/.s-^'/-.— Manufacturer, agriculturist, or merchant. miat are. regiMrnhle as trade-marks,— Commi^vcixl or factory labc-ls, proper V \ 1 TRADE-MARK LAWS OF AMKRICy*. 4^ namp?!. ombloms, or any otlier sign adopted by tl»e mprcliaiit or manufacturer to distiii;j:ui.-,h tlu' objects he sells or makes shall be cunsuiered tiade-iuarlvs. (Art. o) What are )iot rcgiNfrable as ti'iulc-inai'ks. — Ownership and ^/•«as/ register shall be given, stamped with the seal of the board of healtli, an '. signed by the inspector of the board with the words " Registered at folio , book," \ 46 TRADE-MARK LAWS OF AMERICA. Feen.—One Imndred soles for registering each label. /"'flhmentfor infringement- Any one counterfeiting a mark is liable to a fine of o to 20 soles, which shall be doubled in case off -use i.s repeated. (Law of im ) Infnngement.-It is absolutely forbidden to u.iy establishments to use labels of others, eitlier foreign or domestic. UNITED STATES. Date of ?aw'.— March 3, 1881. TI7/0 miif/ register.—Ownev^. (Sec. 1.) What are registrable as trade-nuirks.-Tnu\e-mnv]iH used in commerce with for- eign nations or with the Indian tribes, provided the owner shall be domicile.l in the United States or located in a foreign country, which, by treatv, convention, or law, affords similar privileges to citi/.;-us of the United States. (Sec. 1.) (No definition of trade-mark is given.) What are not registrable as trade-niarks.-^o alleged trade-mark shall be regis- tered unless the same appear to be lawfully used as such by the applicant in foreign commerce, or is within tli,' provisions of a treaty, convention, or de(.-laration with a foreign power; nor whicli is merely the name of tlie applicant; nor which is Identical with a registered or known trade-mark owned by another and a'ppropriate to the same class of merchandise, or which so nearly resembles some other person's lawful trade-mark as to be likely to cause confusion or mistake in the mind of the l)ublic or to deceive purchasers. (Sec. 3.) Ownership and ^musAr. -Registration shall be prima facie evidence of owner- ship. (Sec. 7.) Commissioner of Patents is authorized to make rules and re-ula- tions ond prescribe forms for the transfer of the right to use trade-mark and for recording transfers in his office. (Sec. 13.) Duration.— Thirty years, except in case article is not made in this country and trade-mark receives protection und.u- the laws of a foreign country for a shorter period, in which case it shall cease to have any force by virtue of this act at the same time it ceases to be exclusive property elsewhere. Renewable during six months prior to expiration for like period. (Sec. 5 ) Formalities necessary to obtain ownership of trade-mark.— Caiism<- to be re- corded in the Patent Office a statement sr.ecifying name, domicile, location and citizenship of party applying ; class of merchandise and particular description of goods comprised in such class to wliich the particular trade-mark has been appro- priated : a description of the trade-mark itself, with facsimiles thereof, and a state- ment of the mode in which affixed to goods and length of time used. (Sec. 1.) Application shall be accompanied with a written verified declaration to the effect that the party has at the time the riglit to use the trade-mark, and no other person firm, or corporation has the right to such use, either in the i.lentical form or in such near resemblance thereto as miglit be calculated to deceive ; that it is used in com- merce with foreign nations, and that the description and facsimiles presented for registration truly represent it. (Sec. 3.) Office regnlations.-Time of receipt shall be noted and recorded. The Conimis- sioner of Patents shall decide the presumptive lawfulness of claim to the alleged trade-mark. In case of dispute, he shall follow the practice of the courts of equity of the United States in analogous cases. (Sec. 3.) , TRADE-MARK LAWS OF AMERICA. 47 . A record of the registration, together with printed copies of the specification, shall be kept in books. (8ec, 4.) Form of certificate.— The certificate shall l)e issued in tlie name of the United States of America, under tlie seal of the Department of the Interior, and shall be signed by the Commissioner of Patents. (Sec. 4.) Fees. — Twenty-five dollars. Names of individaah: and firms.— ^o alleged trade-mark shall be registered which is merely the name of the applicant. (Sec. 3.) Punishment for infringement.— Civil action by owner of trade-mark for damages. (Sec. 7.) Proceedings against infringevs.—Awy person who shall rejn-oduce, counterfeit, copy, or colorably imitate any trade-mark registered under this act and attix the same to merchandise of substantially tlie same descri[itive properties as those de- scribed in the registration shall be liable to an action on the case for d;;mages f(,s against infringers.—'Sniwtinn to regis! rant on a trade mark employed or which may be employed for art illegitimate obj.rt or upon some object danger- ous in itself or upon a mark, obtained fraudulently or whieh has been formed with the intention of deceiving the public in the same or use of any merchandise (Art. 10.) Fraudiden til/ procuring registrat ion. -VnUi> or fraudulent statements made in applimtion for fegistr-.itiun punioiied under petiai code, withuut prejudice tocivii action by injured juirty.