UNIVERSITY
OF CALIFORNIA
LOS ANGELES
SCHOOL OF LAW
LIBRARY
/
8 U M M A R I E S
<)]' TIIK
PATENTS, DESIGNS, AND TRADE
MARKS' ACT, 1883,
AND OF THE
PATENT LAWS OF ALL FOREIGN COUNTRIES
AND
BRITISH COLONIES.
BY
A, M, & WM, CLARK,
FELLOWS OF THE INSTITUTE OF PATENT AGENTS.
LONDOST :
A. M. & WM. CLAEK, 53, CHANCERY LANE, W.C.
1884.
r
LONDON -.
MINTED BY CORDINGLEY AND iHARPK.
HAMMERSMITH W.
PREFACE.
THE aim of the following pages is to furnish, in a form con-
venient for reference, a comprehensive analytical summary, not
only of the new Patents, Designs, and Trade Marks' Act, but
also of the patent laws of all foreign countries and colonies
where patents or exclusive privileges are obtainable.
In the preparation of these summaries the object in view has
been principally to supply information respecting such of the
provisions of the various laws as affect the validity and duration
of patents granted thereunder, as it cannot be doubted that the
conditions which govern the obtainment and continuance of valid
patents are of the highest importance both to patentees and
purchasers of patents.
To the summaries of the foreign and colonial laws, some
particulars of the manufacturing industries of the respective
countries have been added, which, although necessarily brief,
may be found useful to intending patentees.
BRITISH, FOREIGN, AND COLONIAL PATENT OFFICE,
53, Chancery Lane, London.
Applications for LETTERS PATENT, and for the
REGISTRATION of DESIGNS and TRADE MARKS, at
home and abroad, attended to.
SPECIFICATIONS drawn and revised ; opinions
given ; cases prepared for counsel, and all other
business relating to the Protection of Inventions
transacted.
MECHANICAL MOTION. Plates of 125 Mechanical
Movements, with key, together with a Summary
of the new English Patent Law only, may be
had on application.
GEEAT BRITAIN AND IRELAND.
PATENTS, DESIGNS, AND TRADE MARKS ACT, 1883:
(46 and 47 Viet., cap. 57.)
PATENTS FOE INVENTIONS,
INTRODUCTION.
UNDER the new Act, which came into force on the 1st January,
1884, Letters Patent will be granted for new and useful In-
ventions at greatly reduced fees, and will confer the exclusive
right to make, use, exercise, and vend the Inventions to which
they relate, within the United Kingdom of Great Britain and
Ireland and the Isle of Man (but not the Channel Islands) for
the term of 14 years, subject only to the payment of the annual
taxes hereafter mentioned.
By this Act the Laws relating to Patents for Inventions have
been consolidated and amended, the whole of the previous
enactments having been repealed with the exception of the
Statute of Monopolies (21 James I., cap. 3).
The most important changes in the practice effected by
the new Act are: a reduction in the Government fees
on application, and the substitution of annual taxes in
lieu of the 50 and 100 duties heretofore" payable ;
the extension of provisional protection from six to nine
months ; the postponement of the " opposition^' stage until
after the complete specification has been filed and is
open to public inspection; and the creation of a body of
2 INTRODUCTION.
Examiners charged with the duties of generally supervising
/ applications, with a view to ensure adequate descriptions, and
due conformity between provisional and complete specifications,
and of comparing applications relating to similar inventions
which may be concurrently pending before the office, in order to
avoid the granting of a patent for an invention contained in a
previous unpublished application.
The effects of the principal changes made in the law are : that
the life of an English patent for a foreign invention will no
/longer be dependent on the duration of a previous foreign
patent, as was formerly the case ; that a patent will have the like
effect as against the Crown as it has against a subject ; that a
/ patentee may be compelled to grant licenses under certain
circumstances ; and that a patentee may be held liable in damages
for unjustifiably threatening legal proceedings.
The reduction of fees is undoubtedly a move in the right*
direction, but it is an open question whether in the true
interests of inventors themselves this reform has not been
carried too far in respect of the fees on the application for, and
granting of, the patent. This, however, is a point which expe-
rience of the working of the law alone can determine. The
option of substituting annual taxes for the burdensome duties
of 50 and 100 hitherto payable, is a concession as welcome as
it was unexpected, and will prove a most substantial boon to
inventors. This is a reform which we have long advocated, but
scarcely hoped to see realized.
We cannot but regret that the term of the patent was not
fixed at 17 years without possibility of extension (as in the
United States of America), instead of the old term of 14 years
being retained, with power vested in the Judicial Committee of
the Privy Council of recommending an extension of the term
in exceptional cases. This system has always appeared to us to
work inequitably, both on account of the costly nature of the
proceedings, and the extreme uncertainty of the results, and we
have reason to think that had the duration been definitely
INTRODUCTION. 3
limited to a longer period, without extension, the interests both
of inventors and the public would have been better served, and
an element of uncertainty would have been eliminated.
We think that the extension of the term of provisional pro-
tection from six to nine months is a mistake. Except in very
rare cases the shorter term has been found ample to enable in-
ventors to reduce their inventions to practice, and it is to be
feared that the greater length of the term, coupled with the
absence of any incentives to action in the shape of payments fall-
ing due, will induce such leisurely action 011 the part of inventors
that but little more will be accomplished in the way of perfecting
inventions before finally specifying than has hitherto been done
in the shorter term available.
The postponement of the opposition stage until after the
publication of the specification is to be regretted, inasmuch as
oppositions on " open documents " must necessarily be much
more expensive and will undoubtedly be much more frequent
than under the system which has prevailed hitherto of opposing
in the dark. The change in the practice does not seem to
afford any advantages to inventors commensurate with the vastly
increased expense it will entail on them and the difficulties
which will be thereby thrown in their way, and although the
new practice might to the uninitiated appear to be the most
rational way of settling conflicting claims, those most conversant
with patent matters are generally, if indeed they are not unani-
mously, of opinion that the balance of advantage is on the side
of the old system.
In one respect the Act sets an example which might with
advantage be followed in the legislation of almost every foreign
country, namely, the omission of the highly objectionable clause
of the old law, which made the duration of an English patent
for a foreign invention previously patented abroad, dependent
on the continuance of the previous foreign patent. This
vexatious condition never did, and never could, effect any good
object, and was at best merely a trap for the purchasers of English
B 2
4 INTRODUCTION.
patents unaware of the existence of prior foreign patents, or
unable to exercise any control over the duration of the rights of
other persons, upon which, however, their own so intimately de-
pended. That foreign governments (especially that of the
United States) will follow so excellent an example by amending
their laws in the same sense is a consummation most devoutly
to be wished.
Inventors are to be congratulated on the omission from the-
Act of all power on the part of the Examiners or of the Comp-
troller, to determine what is, or is not, proper subject matter for
the grant of Letters Patent, and to grant or refuse patents
accordingly, except in very rare instances, where the use of the
invention may be considered contrary to law or morality.
Patents will be granted at the applicant's risk,both as regards
the subject matter and the novelty of the invention (so far as
public knowledge extends), and this is undoubtedly the right
course. The functions of the Examiners will be principally
limited to a documentary examination with a view to secure, as
far as is possible by any mere routine official examination, a
proper compliance with the requirements of the law. It is,
however, necessary in this connection to warn inventors that
skilled assistance will be more than ever necessary in the pre-
paration of the Specifications, not only to avoid delay and diffi-
culty by prompt and efficient compliance with mere technical
requirements, but if need be to defend their interests against
adverse decisions arising from strained or unjust interpre-
tations of the law, or from official misapprehension of the
legitimate development of which inventions may be susceptible
in their progress from first conception to practical realization.
The alterations in the law do not affect the basis on which the
validity of patents rests, and the notion, to which the system of
documentary examination may lend color, that when a patent
has passed the ordeal of an official examination its validity will
be unquestionable, is entirely fallacious, as many confiding
patentees will doubtless discover to their cost
INTRODUCTION.
Another word of warning may be permitted. In view of the
increase in the number of applications for patents under the
operation of the new Law, and the no less certain increase in
the number of soi-disant patent agents that will take place, it
will be necessary for inventors to exercise more discrimination
than ever in the choice of professional assistance, and it may
not be out of place to here allude to the Institute of Patent
Agents as comprising amongst its members those of the highest
standing in the profession. Although it may not necessarily
follow that every Fellow of the Institute possesses exceptional
scientific knowledge and skill, yet the qualification of member-
ship is some guarantee (to put it at the lowest), of his honesty and
fidelity. This, although not everything, is an important con-
sideration, having in view the glaring cases which have from time
to time occurred of malversation by grossly incompetent persons
professing -to act as patent agents. To those familiar with patent
matters, this warning may perhaps be superfluous, but to the
inexperienced it may not be out of place. An inventor applying
for a patent for the first time is generally surprised to find
himself inundated with " touting " circulars. It is hardly
necessary to say that members of the Institute of Patent Agents
<lo not send out circulars of the kind referred to.
ANALYTICAL SUMMABT
OF THE
PATENTS, DESIGNS, AND TRADE MARKS ACT, 1883,
WITH COMMENTS THEREON.
PATENTS.
Patents, to whom granted. A patent will be granted
to the true and first inventor, whether a British subject or not, or
to the inventor conjointly with any other person or persons, or
body corporate. The words " true and first inventor " as here
used must not be read in their literal sense, but as including
not only the actual inventor himself, but also the importer of
a new invention from abroad.
Previous to the Statute of Monopolies (21 James I. c. 3) the
importer of a new invention was entitled at Common Law to a
patent for the sole use of the invention, and the Courts have
ever since construed the 6th Sec. of the Statute of Monopolies
to mean the true and first inventor within the realm, and to
include the mere importer of a new invention from abroad as
well as the actual inventor. The general practice in the case
of foreign inventions has consequently been to apply for patents
in the names of agents here as communications from abroad,
the recipient of such communication being regarded as the im-
porter of the invention, and consequently in law the true and
first inventor within the realm.
The new Patent Act does not alter the law in this respect,
nor does it alter the practice except as to the form of the docu-
ments. Patents will still be granted to the first importer
(including the recipient of a communication from abroad), who
is in the eye of the law the first and true inventor. (See also
under International Arrangements as to the rights of foreign
inventors.)
8 GREAT BRITAIN PATENTS.
Before applying for protection jointly with another person or
persons, an inventor should be careful to have the intended
rights of each of the parties properly defined by a written agree-
ment, as it has been held that where a patent is granted jointly
to two or more persons in the usual form each one may use the
invention without the consent of the other, and without being
liable to account to the other for any profits thereby made.
Mathers v. Green (L. R. 1. ch. 29). A patent will also be granted
to the legal representative of the inventor should the latter die
without applying for a patent, provided the application be made
within six months of the inventor's decease.
Patents, for what granted. Every patent will be
limited to one invention only (although more than one claim
may be made), and may be granted for any new and useful
invention being a manner of new manufacture within Section 6
of the Statute of Monopolies (21 James I. c. 3), including an
alleged invention.
Inventions for which Letters Patent may be granted may be
roughly classed as follows : new or improved processes or me-
thods (whether chemical or mechanical) of producing new or
old commercial products, whether such processes or methods do
or do not involve the use of special machinery or apparatus ;
new machines, apparatus, or contrivances, for producing new
effects, or for producing old effects in a more beneficial way,
including new combinations of machinery or apparatus the
constituent parts of which are old ; new modes of adapting a
known thing to a new purpose provided that some inventive
."kill is displayed in such adaptation ; new articles of manu-
facture, including new commercial substances or compositions of
matter whether produced by new or old means.
The Comptroller may however refuse to grant a patent for an
invention the use of which would in his opinion be contrary
to law or morality, but the applicant is entitled to be heard,
personally or by his agent, in support of his application ( 94),
and probably to appeal to the law-officer.
GREAT BRITAIN PATENTS. 9
Novelty of Invention. The invention must be new
within the realm, that is to say, within the United Kingdom of
Great Britain and Ireland, and the Isle of Man. It must not,
therefore, previous to making the application for Letters Patent,
have been in use by the public, nor used in public by the
patentee or any one else for commercial purposes, or otherwise
than experimentally, nor manufactured and offered for sale ; nor
previously patented in the United Kingdom ; nor so completely
described that any person might have made it, used it, or put it
in operation, in any printed book or publication published, circu-
lating, or accessible to the public, in the United Kingdom. (See
under International Arrangements as to the exception in
respect of the publication and use in the United Kingdom of
foreign inventions previously patented abroad.) A patent to the
true and first Inventor will not, however, be invalidated by an
.application for Provisional Protection in fraud of him, or by any
use or publication of the invention during the term of the Pro-
visional Protection fraudulently obtained. The exhibition of an
invention at an Industrial or International Exhibition, previous
to the application for patent, will not invalidate the patent,
provided certain formalities are complied with. (See Ex-
hibitions.'}
Duration of Patent. The Patent is granted for the term
-of 14 years from its date, subject, however, to the payment of
the annual taxes hereafter mentioned. (See Taxes). The
duration of the patent is not dependent on any other condi-
tion, and is not in any way limited or affected by the duration
of a previous foreign patent for the same invention, as in the
case of foreign inventions under the previous law.
In exceptional cases the term of the patent may be prolonged.
{See under Prolongation)
Date of Patent. The patent will date and run from the
<lay on which the first application was made. (See Inter-
national Arrangements as to the date of patents for foreign
inventions.)
10 GREAT BRITAIN PATENTS.
Procedure. The application must contain a declara-
tion by the inventor or importer (or, in the case of joint
applicants, by one of the applicants), and must be accom-
panied either by a provisional or a complete specification,,
according as the invention is in an embryo or a mature
condition.
A Provisional Specification must describe the nature of the
invention with more or less precision, and must be accompanied
by drawings if required. This document is kept secret until
the Complete Specification is filed.
A Complete Specification must describe the invention, and the
means of carrying it out in practice, in such a full, clear, and
precise manner that any person possessed of ordinary skill in the
art to which the" invention relates would be able, by following the
directions of the specification, to produce the same result without
difficulty. The specification must be accompanied by drawings,
if required, and must conclude with a distinct statement of what
is claimed as the invention to be protected.
Protection. In either case immediate protection is obtained.
This protection is denominated " Provisional " or " Complete " as
the case may be, and it enables the invention to be used and
published by making and selling, or otherwise, before the patent is
actually granted. Complete Protection confers the same privi-
leges and rights as if a patent had been sealed on the date of
the acceptance of the Complete Specification, except that actions
for infringements cannot be commenced until the patent is
actually sealed.
Duration of Protection. The maximum duration of
" Provisional Protection " is nine months, and of " Complete
Protection" 15 months from the date of application, such
term in" either case forming a portion of the duration of the
patent.
Examination. Every application is referred to an examiner
to report (a) whether the invention has been fairly described, and
the documents are in due form, and (6) whether the specification
GREAT BRITAIN PATENTS. 11
comprises the same invention as that described in a previous-
application which is still before the Office. The examiner's-
report is not made public. In the case of an adverse report in
the first respect, the Comptroller may, after hearing the appli-
cant or his agent, require the documents to be amended.
The applicant may, however, appeal from the Comptroller's
decision to the Law Officer, whose decision is final.
Notice of acceptance will be given by the Comptroller to the
. applicant, and until the application be so accepted the protection
above mentioned does not accrue.
If the examiner reports that the invention appears to be the
same as that described in a .previous application then before the
Office, the Comptroller will give notice thereof to both appli-
cants, so that each may oppose the grant of a- patent to the
other if necessary, such opposition to be made at the opposition
stage hereafter referred to. The Comptroller may, after hearing
the second applicant or his agent ( 94), determine whether the
inventions are the same, and, if so, may refuse to seal a patent
to the second applicant. The Comptroller's decision is subject
to an appeal to the Law Officer, whose decision is final.
If a Provisional Specification be filed in the first instance, a
Complete Specification must be filed within nine months from the
date of application.
The Complete Specification will be referred to an examiner, to
ascertain whether it has been duly prepared, and whether, upon
comparison with the Provisional Specification, it describes sub-
stantially the same Invention. In case of an adverse report in
either respect, the Comptroller may, after hearing the applicant
or his agent, refuse to accept the Complete Specification until
amended. The applicant may appeal from the Comptroller's,
decision to the Law Officer, whose judgment is final.
Inventors must bear in mind that, notwithstanding that a speci-
fication may have been accepted as sufficient by the examiner, its
sufficiency may still be questioned in a Court of Law. The speci-
fication is, consequently, of the utmost importance; it determines-
12 GREAT BRITAIN PATENTS.
the validity of a patent, and does, or does not, give it commercial
value. The specification is, in fact, the basis of patent property ;
its soundness is scrutinized as well for purchase as for piracy or
evasion ; a mistake in specifying a really valuable invention is
often productive of endless litigation and loss.
Notice of acceptance will be given by the Comptroller to the
applicant, and unless a complete specification be so accepted
within 12 months from the date of application (except an
appeal be pending), the application becomes void.
Advertisement. The acceptance of the complete specifi-
cation will be officially advertised, and the specification will
then be open to public inspection.
Opposition. Within two months after this advertisement,
.any person may oppose the patent, on the ground of fraud, or on
the ground that the invention has been already patented in Eng-
land, or that an examiner has reported that the specification
-appears to describe the same invention as that described in a pre-
vious application before the Office. In case .of such opposition,
the Comptroller will hear both sides, and decide on the case,
subject to appeal to the Law Officer, whose decision is final.
Sealing Patent. The patent will be sealed as soon as
possible after the term for entering Oppositions has expired (or
after judgment in the applicant's favor, in case of opposition),
and not later than 15 months from the date of application,
except in case of the death of the applicant ; or of delay in con-
. sequence of an appeal to the Law Officer against the Comp-
troller's decision respecting the specification, or of opposition to
the grant of the patent. In case the applicant dies during the
above term, the patent may be granted to his legal representative,
at any time within 12 months from his decease. Every patent
will be dated as of the day of application (see exception in
certain cases under International Arrangements), but proceed-
ings cannot be taken in respect of infringements committed prior
to the publication of the Complete Specification, and it will there-
fore be desirable to file that document without unnecessary delay.
GREAT BRITAIN PATENTS. 1 '>
In case of conflicting applications, the sealing of one patent
will be no bar to the sealing of another on an earlier application.
Extent of Patent. The exclusive privilege conferred by
the patent extends to the United Kingdom of Great Britain and
Ireland and the Isle of Man, but not to the Channel Islands.
Taxes. After payment of the fees on application no further
fees are payable on the patent for the first four years from its
date, but its subsequent duration is dependent on the payment
of an annual tax of 10 before the end of the fourth and each
of the three subsequent years, rising to 15 before the end of
each of the 8th and 9th years, and to 20 before the end of the
10th and each of the following years. Patentees have the option
of paying up these fees in full by the payment of 50 before the
end of the 4th year, and 100 before the end of the 8th year,
but few are likely to avail themselves of this, inasmuch as the
payment of 50 in a lump sum will only extend the patent for
the same period as the payment of 40 in four annual instal-
ments of 10 each. If by accident, mistake, or inadvertence,
the tax is not paid in due time, three months' grace may, on
proof thereof, be obtained for making payment, subject to a fine
not exceeding 10.
The above mentioned annual "taxes apply also to patents
dated prior to January 1st, 1884, and upon which the 50 stamp
duty has not yet become due or been paid. Therefore patents
dated 1881 may be kept in force by annual payments com-
mencing 1885, in lieu of the 50 stamp duty, which would
otherwise have been payable in 1884. Similarly, patents dated
1882 and 1883 may be kept in force by annual payments com-
inencing 1886 and 1887 respectively ; 4w*fc- patents dated 1877
and subsequent years, on which the 50 stamp duty has been
., CL/4-0 > . f r c ^t L ^^^^ < ^y3h?^ t/ 24r>A
paid, can *H*fy>- be kept in force by the payment oi/tne JbllH
stamp duty in one sum before the expiration of the 7th year
from the date of the patent no horotoforo. >
- The accoiid nohodulu of tho Aot was at first offioinlly interpreted
rloforl 10*7*7 luTl! 1 Q7O oT^
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Amendments and Disclaimers. Amendments by \\ay
of disclaimer, correction, or explanation, may be made to the
specification and drawings at any time, provided that the effect
of the amendment is not to make the invention claimed sub-
stantially larger than, or substantially different from, that
originally claimed. Such amendment, when made, will be
deemed, for all purposes, to form part of the specification, but no
damages can be recovered for infringements committed prior to
the amendment, unless the patentee satisfies the Court that bis
original claim was framed in good faith and with reasonable
skill and knowledge. The application to amend must set forth
the nature of the proposed amendment, and the reasons for
making it. The application and the nature of the amendment
will be advertised, and may be opposed within one month from
the date of advertisement. In case of opposition the Comp-
troller will hear the parties and decide the case, subject to
appeal to the Law Officer, whose judgment is final In the
absence of opposition, or if the opponent does not appear, the
Comptroller will determine whether, and subject to what con-
ditions, the amendment ought to be allowed. If leave to amend
be refused, an appeal lies to the Law Officer, whose decision is
final. All amendments must be registered. If an action be
pending, amendments only by way of disclaimer, and not other-
wise, may be made, and put in evidence in the action. The
Comptroller is empowered, on request in writing, accompanied
by the prescribed fee, to correct any clerical error in an applica-
tion for a patent, or in the address of the registered proprietor.
Conditions of Grant ; working invention, im-
portation of patented articles. - - The Act imposes
no obligation on the patentee to bring his invention into
practical operation in the United Kingdom in order to main-
CHEAT BRITAIN PATENTS. 15
tain the patent in force, as is the case in some foreign countries,
and the importation by the patentee of articles made abroad in
accordance with his patent is not prohibited. But the Board
of Trade is empowered to compel the patentee to grant licenses
under certain circumstances. (See Compulsory Licenses.}
Marking patented articles. The law does not require
patented articles to be marked as such, but it is usual and gene-
rally desirable to do so. Any person falsely representing an
article as patented by selling the same with the word " Patent"
applied thereto or by otherwise falsely representing that a
patent has been obtained therefor, is liable to a fine not ex-
ceeding 5 for every offence.
Compulsory Licenses. If the patentee refuses to grant
licenses on reasonable terms, the Board of Trade may order him
to grant licenses upon such terms as the Board may deem just
upon the petition of any person interested and proof of either of
the following facts : (a) that in consequence of such refusal
the invention is not being worked in the United Kingdom ; (6)
that in consequence of such refusal the reasonable requirements
of the public cannot be supplied ; (c) that in consequence of
such refusal any one is prevented from working or using an
invention of his own to the best advantage.
This clause is designed to prevent the manufacture of the
patented invention being carried on exclusively abroad to the
benefit of foreign manufacturers alone, to ensure the wants of
the public being satisfied, and to prevent the owner of an im-
provement which cannot be used without infringing a previous
patent (which migh't be for an impracticable invention) from
being either wholly debarred from using his improvement until
the previous patent has expired, or compelled to accede to ex-
orbitant demands of the prior patentee.
Patents dated prior to January 1st, 1884, are not subject to
the compulsory license clause.
Prolongation of Patent. The original term of the patent
may be extended by the Queen in Council for a further term
16 GREAT BRITAIN PATENTS.
not exceeding seven years (or in exceptional cases fourteen years)
if, in the opinion of the Judicial Committee of the Privy Council ,
the patentee has not received adequate remuneration under
his patent, regard being had to the nature and merits of the
invention in relation to the public, to the profits made by the
patentee as such, and to all the circumstances of the case.
The petition for extension must be presented at least six
months before the expiration of the original term of the patent,
and any person may oppose such extension. The extension of
the term of a patent must be registered.
Revocation of Patent. Every ground on which a patent
might, before the Act, have been repealed by scire facias
(which is now abolished), will be a ground of revocation. A
petition for revocation may be presented by the Law Officer
or by any person authorised by him. A petition for revocation
may also be presented by any person alleging that the patent
was obtained in fraud of his rights, or of the rights of any
person through whom he claims, or by any person alleging that
he or any person under or through whom "he claims, was the true
inventor of any invention included in the claim of the patentee ;
or of any person alleging that he or his predecessor in business
had, before the date of the patent, publicly manufactured, used,,
or sold within the realm anything claimed under the patent.
The revocation of a patent must be registered.
In case of revocation on the ground of fraud, a patent may
be granted to the true inventor for the residue of the term of
the revoked patent.
Assignments. A patent may be assigned for any place in,
or part of, the Kingdom, as effectually as if the patent were
originally granted to extend to that part or place only. A
patent is also transmissible by will, or by operation of law as
in cases of intestacy or bankruptcy, and all assignments, trans-
missions, and licences must be registered.
Existing Patents. Thooo patents rftnly which aro dated
1881, 1882, and 1883> benefit by the option of substituting
GREAT BRITAIN PATENTS. 17
annual taxes, in lieu of 50 and 100 stamp duties (see
Taxes), but they are not subject to the compulsory license
clause, nor to the clause binding the Crown. (See Crown).
Exhibitions. The right to obtain a patent, or its validity
when granted, will not be prejudiced by the exhibition of the
invention at a duly certified Industrial or International Exhibi-
tion, or by the publication of the invention during the
Exhibition, or the use of the invention in the Exhibition (or its
use elsewhere without the privity or consent of the inventor),
provided that previous notice be given by the inventor to the
Comptroller of his intention to exhibit the invention, and that
& patent be applied for before or within six months from the
opening of the Exhibition.
International Arrangements. Power is reserved
under the Act for making arrangements with the Governments
of foreign States for the mutual protection of inventions. If
such arrangement be made with any State, the applicant for a
patent in any such State will be entitled to a patent in the
United Kingdom in priority to other applicants, and the British
Patent will be dated as of the date of protection in such State.
Application must be made, in the same way as for other
patents, within seven months from the date of applying for pro-
tection in the said foreign State. The publication or use of the
invention in the United Kingdom during that period, and prior
to the application for the patent, will not invalidate the patent
when granted, but damages cannot be recovered for infringe-
ments happening prior to the acceptance of the Complete
Specification. Neglect to apply within the prescribed period
does not, however, deprive the foreign inventor of his right to
obtain a patent, but he loses his right of priority, and is placed
on the same level as other applicants.
These provisions of the Act may also be applied to the
British Colonies and India, but in no case do they come into
force until specially declared applicable by an order of the Queen
in Council.
c
18 GREAT BRITAIN PATENTS.
Crown A patent will henceforth have a like effect a*
against the Sovereign as it has against a subject, but the
Officers of the Crown may use the invention on terms to be
settled by the Treasury in case of disagreement.
Legal Proceedings. Either the patentee or his assignee
may maintain proceedings for infringement. The most speedy
and effective remedy is by way of action in the Chancery
Division of the High Court of Justice for an injunction to
restrain the defendant from further infringement of the patent
for an account of the profits made by such infringement, and
for damages ; and in all cases of importance an interim injunc-
tion should be applied for immediately after the issue of the
writ.
Either the Court of first instance or the Court of Appeal
may call in the aid of an assessor on the hearing of an action
which is to be tried without a jury, unless the Court otherwise
directs.
The plaintiff must with his statement of claim deliver par-
ticulars of the breaches complained of, and the defendant must
with his statement of defence deliver particulars of the objec-
tions on which he relies ; such particulars of objections must, if
the defendant disputes the validity of the patent, state the
grounds upon which he disputes it and if one of those grounds
is want of novelty, must state the time and place of the alleged
previous publication or user. At the hearing no evidence will be
admitted of any infringement or objection of which particulars
are not so delivered.
Every ground upon which a patent might, at the commence-
ment of the Act, be repealed by scire facias, will be available
by way of defence to an action of infringement.
The Court may in such action certify that the validity of the
patent came in question, and thereupon the plaintiff, if he suc-
ceed in any subsequent action, will be entitled to his full costs,
charges, and expenses as between solicitor and client, unless the
Court otherwise directs.
GREAT BRITAIN PATENTS. 19
Any person who directly or indirectly uses a patentee's inven-
tion for the purposes of profit without his license is guilty of
infringement. A mere colorable imitation of the invention,
and which does not differ from it substantially, is an infringe-
ment. The substance, and not the form, of the invention is to
be considered. The user in this country for the purposes of
profit of an article manufactured abroad according to the
specification is an infringement.
It has hitherto been too common a practice for a patentee,
who is doubtful of the validity of his patent, to endeavour to
intimidate others, and thereby to deter them from using the
patented invention by threats of legal proceedings which thero
is no intention whatever to carry out. This practice, it is to be
hoped, will receive a wholesome check by the present Act,
which provides that where a person claiming to be a patentee
threatens any other person with any legal proceedings or
liability in respect of any alleged manufacture, use, sale, or pur-
chase of the invention, any person aggrieved may bring an
action against such patentee, and may obtain an injunction
against a continuance of such threats, and recover damages if
the alleged manufacture, use, sale, or purchase was not in fact
an infringement of any legal rights of the person making such
threats ; unless the person threatening, himself, with due dili-
gence commences and prosecutes an action for infringement.
c2
20 GREAT BRITAIN DESIGNS.
DESIGNS.
The new Act repeals all previous enactments relating to the
copyright of designs having for object some purpose of orna-
ment or of utility, and consolidates and amends the laws relating
to this subject, by providing anew for the registration of designs
without making any distinction as to the character or purpose
of the designs for which copyright is sought to be obtained.
The principal changes in the law of copyright in designs
are : (a) that the term of copyright and the cost of registra-
tion are invariable, whatever may be the character of the
design or the nature of the material or article to which such
design may be applied, the distinction as regards the term of
copyright and the cost of registration which has hitherto been
made between designs having some purpose of utility and
designs of an ornamental character, and the distinction as re-
gards the nature of the material, or of the article to which
designs of the latter character may be applied, being thus
abolished ; (6) that the attribute of novelty, essential to the
validity of the copyright, and which, under the repealed en-
actments, was required to be universal, is now required only in
respect of the United Kingdom : (c) that the user of the regis-
tered design in the United Kingdom is, under certain circum-
stances, made obligatory ; (d) that power is taken to make
arrangements in virtue whereof the proprietors of designs in
foreign States and British Colonies may, under certain circum-
stances, become entitled to registration in priority to other
applicants, and notwithstanding that such designs may have
been published in the United Kingdom prior to the application
for registration.
Copyright, to whom granted. Copyright is granted
to any person claiming to be the proprietor of any new and
original design. (See also under International Arrangements
as to the rights of applicants for protection of designs in foreign
States.) The author of the design is deemed the proprietor,
unless he executed the work on behalf of another person for a
GREAT BRITAIN DESIGNS. 21
good or valuable consideration, in which case such other
person is deemed the proprietor.
Copyright, for what granted. Copyright is granted for
any new and original design, whether it is applicable for the
pattern, or for the shape, or configuration, or for the ornament
of any article of manufacture (except sculpture) or for any two
or more of such purposes, no matter by what means it may be
applied. The Comptroller may, however, refuse to register a
design of which the use would, in his opinion, be contrary to
law or morality, but the applicant is entitled to be heard per-
sonally, or by his agent, in support of his application, and an ap-
peal lies from the Comptroller's decision to the Board of Trade.
Novelty of Design. The design must not have been pre-
viously published in the United Kingdom, but it may have been
published elsewhere (see also under International Arrange-
ments as to prior publication of designs forming the subject
matter of applications for protection in foreign States). Publi-
cation by exhibition at an Industrial or International Exhibition,
prior to registration, does not affect the Copyright, provided that
previous notice be given, and the application to register be
made within six months of the opening of the Exhibition.
Duration of Copyright. The registered proprietor of a
design will have copyright therein for five years from the date
of registration (see under International Arrangements as to
date of registration in the case of foreign designs), subject to the
obligation to furnish exact representations or specimens of the
design, either with the application or before delivery on sale of
any articles to which the registered design has been applied,
and to mark each article bearing a registered design with the
prescribed mark, words, or figures denoting that the design is
registered, and subject to the use of the design in the manufac-
ture of goods in this country within six months of its registration
if the design is so used in any foreign country.
Procedure. The application for registration must state the
nature of the design, and the class or classes of goods in which it
is to be registered, and must be accompanied by a number of
22 GREAT BRITAIN DESIGNS.
specimens, or of drawings, photographs or tracings of the design,
sufficient in the opinion of the Comptroller to enable him to iden-
tify the design, whereupon a certificate of registration is issued.
The Comptroller may refuse to register a design (after hearing
the applicant or his agent), but an appeal lies from his decision
to the Board of Trade.
Registered designs are not open to public inspection during
the existence of the copyright, but may be inspected by the pro-
prietor thereof, or the bearer of his written authority, or a
person authorised by the Comptroller or the Court, but in no case
may copies of the design be made. After the expiration of the
copyright, designs are open to public inspection and may be
copied. On production of a design and its registration mark, or
other means of identification, information as to the proprietor
and as to the existence or otherwise of the copyright and the
classes of goods to which it relates, and the date of registra-
tion, will be furnished. Designs are protected only in respect
of the class or classes of goods for which they may be registered.
Amendments. The Comptroller is empowered to correct
any clerical error in, or in connection with, an application for
registration.
Fees. Such fees will be payable in respect of applications,
registration, and other matters, as may be, from time to time, with
the sanction of the Treasury, prescribed by the Board of Trade.
Conditions of Copyright ; marking articles.
Articles to which the registered design is applied must be marked
with the prescribed mark, words, or figures, denoting that the
design is registered, under the penalty of nullifying the copyright.
User of Design abroad If the registered design is used
in manufacture in any foreign country, and is not so used
within six months of its registration, in this country, the copy-
right will cease.
Legal Proceedings. Penalty for piracy of Design.
The unlawful application to any article, etc., of a registered
design, or any fraudulent imitation thereof, in the classes of
goods for which it is registered, for purposes of sale, or the
GREAT BRITAIN DESIGNS. 23
publishing or exposing for sale of any article, etc., to which such
design has knowingly been unlawfully applied, is punishable for
every offence by the forfeiture of a sum not exceeding 50 to the
proprietor, such sum being recoverable as a simple contract debt by
action in any Court of competent jurisdiction. Or the proprietor
may, if he prefers, bring an action for the recovery of damages.
Falsely using the word " Registered." Any person
selling articles with the word " Registered " falsely applied
thereto or otherwise falsely representing a design as being
registered, is liable to a fine not exceeding 5 for each offence.
International Arrangements. Power is reserved in
the Act for making arrangements with the Governments of
foreign States for the mutual protection of designs. If such
arrangement be made with any State the applicant for protec-
tion of a design in such State will be entitled to registration
in priority of other applicants, and the registration in Great
Britain will date from the date of protection in such foreign
State. Application must be made in the same way as for other
designs within four months from the application in such State
during which period the design may be published, exhibited,
and used in the United Kingdom without invalidating the
copyright. Damages cannot however be recovered for infrin-
gements committed prior to the actual registration in this
country. Neglect to apply for registration within the prescribed
period does not however deprive the foreign proprietor of his
right to obtain registration, but he loses the right of priority
which he would otherwise have, and is placed on the same
footing as other applicants.
These provisions of the Act may also be applied to the British
Colonies and India, but in no case do they come into force until
declared applicable by an order of the Queen in Council.
Assignments, etc. The copyright in a design may be
assigned or transmitted by will, or by operation of law as in
cases of intestacy or bankruptcy. All notifications of Assign-
ments, and of transmissions of registered designs, must be en-
tered on the " Register of Designs."
24 GREAT BRITAIN TRADE MARKS.
TRADE MARKS.
The new Act repeals the Trade Marks Acts of 1875,,
1876 and 1877, and virtually re-enacts the same law with some
modifications. The only important changes in the law are :
(a) that a fancy word not in common use may now be
registered as a new mark ; (b) that the definition of a trade
mark which may now be registered as an old mark is enlarged ;
(c) that registration of a trade mark now confers the exclusive
right to use it in any other color which the owner may select at
will, so that the penalty for infringement cannot in any case be
evaded by changing the color whilst retaining the other charac-
teristics of the mark ; (d) that the applicant may appeal from
the decision of the Comptroller to the Board of Trade, instead of
directly to the Court ; (e) that power is taken to make arrange-
ments in virtue whereof the proprietors of trade marks in
foreign States and British Colonies may, under certain cir-
cumstances become entitled to registration in priority of other
applicants.
Under the new Act a trade mark may be registered on the
application of the proprietor thereof in respect of particular
goods or classes of goods. Registration of a trade mark is-
equivalent to public use of the mark, and is primd facie evi-
dence of the right of the registered proprietor thereof to the
exclusive use of the mark, and after five } ears from the date of
registration is conclusive evidence of such right subject to the
provisions of the Act. A trade mark may be registered in any
color, and such registration confers the exclusive right to use it
in that or any other color.
No proceedings for infringement of a mark can be instituted
until the mark has been registered, or in the case of an old
mark that is, a mark in use before 13th August, 1875 until
registration has been refused.
GREAT BRITAIN TRADE MARKS. 25
Registration may be refused by the Comptroller after hearing
the applicant ( 94 ) subject to appeal to the Board of Trade>
who may either decide the matter or refer the same to the High
Court of Justice.
Registration, to whom granted. Registration may be
granted to any person, firm, or corporate body claiming to be
the proprietor of the trade mark. (See also under Inter-
national Arrangements as to the prior right of the owner of a
foreign trade mark).
Definition of a Trade Mark. The Law distinguishes
between trade marks which have been used as such, prior to
August 13th, 1875, and those adopted since that date.
The former are hereafter designated old marks and the latter
new marks.
A new mark must consist of, or contain, at least one of the
following essential particulars, viz. :
(a) The name of an individual or firm printed, impressed, or
woven, in some particular and distinctive manner ; or
(6) A written signature, or copy of a written signature, of the
individual or firm applying for registration.
(c) A distinctive device, mark, brand, heading, label, ticket, or
fancy word or words not in common use.
To any one or more of these essential particulars there may
be added any letters, words, or figures, or combination thereof ;.
or any distinctive word or combination of words, even though
the same is common to the trade, provided such common fea-
tures be disclaimed.
But an old mark, consisting of any special and distinctive
word or words, letter, figure, or combination of letters or figures^
or of both, may be registered, and any distinctive device, mark,
brand, heading, label, ticket, letter, word, or figure, or com-
bination of letters, words, or figures, even though the same is
common to the trade, may be added thereto, provided such
common features be disclaimed, which disclaimer will be
entered on the register.
In either case any such feature is deemed common to the
26 GREAT BRITAIN TRADE MARKS.
trade if it was publicly used by more than three persons on the
same or similar goods before August 13th, 1875.
Any words, the exclusive use of which would not be deemed
entitled to protection in a court of justice by reason of their
deceptive character, or otherwise, or any scandalous design, may
not be registered. The Comptroller may also refuse to register
a trade mark, of which the use would in his opinion be con-
trary to law or morality, but the applicant is entitled to be
heard personally or by his agent in support of his application
( 94 ) and an appeal lies from the Comptroller's decision to
the Board of Trade ( 62 sub sec. 6 ). A number of trade
marks indentical in their essential particulars, but varying
only in statements of goods, prices, qualities, numbers, or names
of places, may be registered as a series in one application.
.Duration of Right to Trade Mark. The duration of
the right acquired by registration is unlimited, subject only to
the payment of a small fee before the expiration of the first
fourteen years, and each successive period of fourteen years from
the date of registration. The right is, however, determinable
with the goodwill of the business concerned in the goods for
which it has been registered.
Extent and Date of Right. The exclusive right con-
ferred by registration extends to the United Kingdom of Great
Britain and Ireland and the Isle of Man,and dates from the date
of issue of the Certificate of Registration. (See also under Inter-
national Arrangements as to date of registration in the case of
foreign trade marks.)
Procedure. An application must be accompanied by the
prescribed number of drawings or specimens of the trade
mark, and must state the particular goods to which it is to be
applied. If no similar mark be already on the register, in
respect of the same description of goods, the application
will be advertised, and opposition to the registration may
be entered within two months from such advertisement.
"Two months more are allowed ( to the applicant to reply to the
GREAT BRITAIN TRADE MARKS. 27
opposition, whereupon the opponent will be called upon to give
security for costs. The case will then be complete for hearing
by the High Court of Justice. Should no opposition be entered
registration of the mark will be proceeded with in due course.
The application will be deemed abandoned if not completed
within twelve months from the date of the application, owing
to the applicant's default.
Official Examination. Before any application for regis-
tration is passed by the Registrar, the register will be searched
to ascertain whether the mark for which registration is sought
so nearly resembles any other mark already on the register, in
respect of the same description of goods, as to be calculated to
deceive, in which case registration will be refused. Besides the
marks actually on the register, those which have been on, but
have been removed within the space of five years, also constitute
a bar to the registration of a similar mark for similar goods.
Renewal of Registration. The registration is subject
to the payment of a small fee once every fourteen years, three
months' grace being allowed, subject to a fine. Failing such
payment the mark will be removed from the register. A dis-
cretionary power is vested in the Comptroller to restore to the
register a mark so removed.
Amendments. The Comptroller is empowered, upon ap-
plication duly made, to correct clerical errors in the entry of a
trade mark, or cancel any part of such entry, and the Court is
empowered to grant leave to add to or alter a registered trade
mark in any minor particular.
International Arrangements respecting foreign
Trade Marks. Power is reserved in the Act for making
arrangements with the Governments of foreign States for the
mutual protection of trade marks. If such arrangement be
made with any State, the applicant for protection of a trade
mark in such State will be entitled to registration in the
United Kingdom in priority to other applicants, and the regis-
tration in Great Britain will date from the date of protec-
28 GREAT BRITAIN TRADE MARKS.
tion in such foreign State. Application must be made in
the same way as for other marks, and within four months
from the date of application in such State. Damages cannot,
however, be recovered for infringements committed prior to the
actual registration in this country. Neglect to apply within
the prescribed period does not, however, deprive the foreign
proprietor of all right to obtain registration, but he loses his
right of priority, and is placed on the same level as other
applicants. Any trade mark for which registration has been
duly applied in the country of origin, may be registered.
These provisions of the Act may also be applied to the British
Colonies and India, but in no case do they come into force until
specially declared applicable by an Order of the Queen in
Council.
Falsely using word " Registered.' * Any person
falsely marking or representing a trade mark as " Registered,"
is liable to a fine not exceeding 5 for each offence.
Assignment of Trade Mark. A registered trade
mark may be assigned or transmitted by will, or by operation
of law as in cases of intestacy or bankruptcy, and can only be
so assigned or transmitted in connection with the goodwill of
the business concerned in the goods for which it has been
registered. Notification of assignments, and of transmissions
of trade marks, must be entered in the "Register of Trade
Marks."
Legal Proceedings. The registered proprietor of a
trade mark, that is to say, the person whose name appears on
the register, is entitled to the exclusive use thereof. The most
efficacious remedy in the case of an infringement is by way of
action against the offender in the Chancery Division of the
High Court of Justice for an injunction, an account, and
damages ; and the Court should be moved for an interim
injunction immediately after the issue of the writ.
No proceeding can be instituted for the infringement 'of a
trade mark unless the same has been registered, or, in the case
GREAT BRITAIN TRADE MARKS. 29
of a Trade Mark in use before the 13th of August, 1875, regis-
tration thereof has been refused. The Comptroller may grant a
certificate of refusal of registration.
30 GREAT BRITAIN.
COST OF OBTAINING PATENTS.
The following is a scale of charges which has been recom-
mended by the Council of the Institute of Patent Agents for
adoption by the Fellows of the Institute. These charges are
for average cases, and are exclusive of drawings :
PROVISIONAL PROTECTION.
Taking instructions for application for Provisional Protection ;
drawing title, declaration and provisional specification ; pre-
paring fair copies, and obtaining Provisional Protection. Paid
fee on application 1, and declaration. Agency, letters and
postages ... ... ... .. ... ... 5 5 O
COMPLETE SPECIFICATION AND PATENT.
Taking instructions for complete specification ; drawing and settling
complete specification and claims, and preparing fair copies of
same ; obtaining acceptance of specification, and obtaining
Patent. Paid stamp duty on specification 3, and fee on
declaration. Agency, letters and postages... ... ... 1010
WHEN COMPLETE SPECIFICATION IS LODGED IN
THE FIRST INSTANCE.
Taking instructions for Protection; drawing and settling title,
declaration, complete specification, and claims ; preparing fair
copies of same ; obtaining acceptance of specification and
obtaining Patent. Paid stamp duties 4, and fee on declara-
tion. Agency, letters and postages ... ... ... 1212 0*
ANALYTICAL SUMMARIES
OF THE
PATENT LAWS OF FOKEIGN COUNTRIES.
33
FOREIGN STATES.
America, United
States of.
Argentine Republic.
Austria-Hungary.
Belgium.
Brazil.
Chili.
China.
Colombia, United
States of.
Costa Rica.
Denmark.
Ecuador.
Egypt-
Finland.
France.
Germany.
Greece.
Guatemala.
Hawaii.
Hayti.
HoUand.
Italy.
Japan.
Liberia.
Luxembourg.
Mexico.
Nicaragua.
Norway.
Portugal.
Russia.
Salvador.
Spain.
Sweden.
Switzerland.
Turkey.
Uruguay.
Venezuela.
BRITISH COLONIES.
AUSTRALIA.
New South Wales.
New Zealand.
Queensland.
South Australia.
Tasmania.
Victoria.
Western Australia.
Barbados.
British Guiana.
British Honduras.
Canada.
Cape of Good Hope.
Ceylon.
Fiji.
Gibraltar.
Grenada.
Hong Kong.
India.
Jamaica.
Leeward Islands.
Mauritius.
Natal.
Newfoundland.
St. Lucia.
St. Vincent.
Straits Settlements.
Trinidad.
D
84
France.
France has an area of about 200,000 square miles, and a population of
about 38,000,000. The total value of exports in 1880 was about 123,000,000,
and the imports for the same year about 163,000,000. The Colonies, to which
it is important to note that Patents also extend, consist of Algeria, Senegambia,
the Islands of Reunion, Ste. Marie, etc., in the Indian Ocean ; alo Martinique,
Guadaloupe, French Guiana, French Cochin China, New Caledonia, and various
others.
The most important manufactures and the places at which they are chiefly
carried on in France are : silk at Lyons, cotton and woollen stuffs at Rouen,
Troves, Lille ; woollens at Louviers, Elbceuf, Sedan, Carcassonne, Abbeville,
Rheims, Roubaix, etc. ; carpets at Paris, Aubusson, Abbeville, and Beauvais ;
linens (muslin, lace, and gauze) at Lille, Armentieres, Valenciennes, Cambrai
and St. Quentin ; and embroidered articles at Nancy ; hardware in the depart-
ments of Haute-Marne, C6te-d'0r, Haute-Sadne, Ardennes, Nievre, Meuse,
Doubs, and Loir-et-Cher ; cutlery at Langres, Thiers, and Chat ellerault ; ma-
chinery at Paris, Lille, Nantes, and Creuzot ; porcelain at Sevres, Paris, Limoges,
and Bayeux ; stoneware at Nevers, Montereaa, etc. ; common pottery at Paris,
Nerers, and Meillonas ; beet-root sugar in the department of Nord, and all
kinds of fancy and tasteful articles, jewellery, instruments, etc., in Paris. The
minerals are exceedingly valuable, and comprice iron, copper, lead, silver, anti.
mony, coal, etc.
The unit of weight, is the gramme ( = 15'432 grains), the unit of capacity 'is
the litre ( = 61'03 cubic iaches), and the unit of length is the metre (=39 37
inches). The multiples of these proceed in decimal progression, and are dis-
tinguished by the prefixes deca, hecto, kilo, and myria, and the subdivisions by
deci, centi, and milli.
The unit of the French monetary system is the franc (about 9Jd.) which is
divided decimally.
(Patent Law of 1844.)
The law provides for the granting of Patents of Invention,
Patents of Improvement, and Certificates of Addition.
To whom, granted. Patents are granted to the inventor
or his assignee, or to any one legally entitled to the invention,
a firm, corporation, &c. In the case of an invention already
patented abroad, the foreign patentee has the right to obtain
a patent in France, provided the invention has not been pub-
lished in France or elsewhere.
FRANCE. 35
For what granted. Patents are granted for new indus-
trial products, and new means, or the new application of known
means for producing an industrial product or result. Patents
are limited to one principal invention, with which may be in-
cluded any details necessary to fully explain the invention.
Pharmaceutical preparations, compositions, or remedies of
whatever kind are not, however, susceptible of being patented,
these being subject to special laws and regulations.
Novelty of Invention. The invention must be new, that
is to say, it must not be publicly known either by a published
description or by actual practice either in France or elsewhere
Duration of Patent. The maximum duration is 15 years
from the date of the application, subject to the payment of an
annual tax (see Taxes), and also to the conditions hereafter
mentioned as to working the invention in France and importing
patented articles (see Conditions of Grant). The duration of
the French patent is also dependent on that of any previous
patent obtained elsewhere for the same invention.
Date of Patent. Patents bear date as of the day of filing
the application.
Extent of Grant. The patent-right extends to France
and to the whole of her Colonies, of which the most important
are mentioned above.
Procedure. The application is made by way of a petition
to the Minister of Agriculture and Commerce, accompanied by
a specification and drawings in duplicate, a memorandum of the
documents filed, and a receipt for the first year's tax.
The specification must be in the French language, and con-
tain no other denominations of weights and measures than
those mentioned in the patent law of 1844, and the drawings
must be made according to a metrical scale.
Applications for patents may be filed at the prefectures of the
various departments and in the Colonies, whence they are trans-
mitted to the Ministry of Agriculture and Commerce, in Paris
where they are taken up in their order for formal examination.
36 FRANCE.
Official Examination. No official examination is made*
as to the novelty or utility of the invention. The patent may,
however, be refused (a) if the application be irregular in form,
(6) if it contains more than one principal invention, (c) if the
subject of the invention is unpatentable. In the first two cases
the application may be amended, and again presented.
Taxes. Patents are subject to an annual tax of 100 francs,
which must be paid prior to the commencement of each year,,
otherwise the patent will lapse, no grace being allowed for pay-
ment.
Patents of Improvement and Certificates of Ad-
dition. The inventor or his assignee has, during the term of
one year from the date of the original patent, the exclusive
right of obtaining a new patent for changes, improvements or
additions to the invention which forms the subject of the
original patent. Any person, desirous of patenting improve-
ments on an invention already patented by another, may, how-
ever, during the currency of the said term of one year lodge an
application under seal. At the expiration of the said term the
seal will be broken, and a patent issued. But the original
patentee will have the right of precedence in respect of any
Patent of Improvement or Addition, for any similar changes or
improvements, which he may himself have applied for during"
the same term.
Certificates of Addition are granted only to the original
patentee or his assigns during the whole duration of the
original patent, for improvements, changes or additions inti-
mately connected with the invention forming the subject of
the original patent. Such Certificates of Addition are annexed
to, and form part of, the original patent and expire therewithr
They are not subject to annual taxes.
Conditions of Grant; working invention. The
patent is issued subject to the payment of the annual taxes,
and subject to the condition that the invention shall be
brought into practical operation in France within two years
FRANCE. 37
from the date of signature of the patent (see further condition
under Importation). The invention must not cease to be
fio worked for two consecutive years at a time, unless the pa-
tentee can justify his inaction.
A patent is not however cancelled by the omission to work
the invention in France, the non-manufacturing being a con-
dition of nullity to take effect only when rendered applicable
by a decision of the Courts. Moreover it must not be too hastily
assumed, as is commonly done, that non-compliance with the
Btrict letter of the law, will of necessity render a patent liable
to be declared void by the tribunals, for as BEDARRIDE (an emi-
nent French jurist) remarked in his Commentaires des lois
sur les Brevets d' Invention, etc. " The spirit of the law is
" indubitable. It intends only to punish voluntary, premedi-
(t tated and calculated inactivity," and again " The voidance of
'' paragraph 2 of Article 32 touches only voluntary inaction.
" The law wishes to punish, for inaction, only him who has
" willingly remained idle. It would be really too unjust to
" extend the penalty to one who has abstained on account of
" circumstances independent of his will."
It would therefore appear that an inventor who takes all
steps necessary to ensure the working of his invention, but fails
in his attempts from circumstances beyond his control, will run
little risk of forfeiting his patent ; but no general rule can be
laid down, as the question of non-compliance with the law would
be decided by the Courts upon the merits of each particular
case.
Importation and Marking of patented articles.
The importation of patented articles into France is prohibited
under penalty of invalidating the patent. The Minister of
Agriculture, Commerce, and Public Works, may, however,
authorize the introduction (a) of models of machinery, (6) of
articles manufactured abroad and intended for public Exhibi-
tions, or for experimental trials made with the concurrence of
the Government.
38 FRANCE.
The law imposes no obligation on the patentee to mark
patented articles as such, but if they be marked or desig-
nated as patented in any advertisement, prospectus, &c., the
word " Brevete" (which signifies patented) must be followed by
the words " Sans garantiedu Gouvernement," or by the initials
S. G. D. G.
Revocation of Patent. Patents are liable to be declared
invalid (a) if the invention was not novel when the patent was
applied for; (6) if the invention is not susceptible of being
patented ; (c) if the invention relates to principles, methods,
systems, or theoretical discoveries, of which no industrial appli-
cation is specified ; (d) if the invention is contrary to public
morality or safety ; (e) if the title given falsely indicates some-
thing contrary to the nature of the invention ; (/) if the descrip-
tion is not sufficient to enable the invention to be carried out in
practice, and does not comprise the true means that the inventor
employs ; ((7) if the invention is not worked in France within
the specified time, or if the working ceases for two consecutive
years ; (h) if the patentee imports the patented article into
France ; and (?') if the annual taxes be not duly paid.
Assignments, &c- Patents can be assigned either wholly
or in part, and every such assignment must be made by a
notarial act in the French language, and must be recorded; but
before an assignment will be recorded, the whole of the annual
taxes for the residue of the term of the patent must be paid.
Until the assignment is recorded it will possess no legal
value.
Infringements. The penalty for infringing the patent
either by the manufacture of the products of the invention, or
by the employment of the means patented, or by vending or
exposing the products for sale, or by introducing the same into
France, is from 100 to 2000 francs, to which may be added, in
certain cases, a term of imprisonment not exceeding 6 months.
39
Belgium.
Belgium is one of the smallest of the European states, comprising nine pro-
vinces, viz., Antwerp, Brabant, West Flanders, East Flanders, Hainault, Liegp,
Luneburg, Luxemburg, and Namur. Though its territory is very limited com-
pared with the great European States, being under 12,000 square miles, its
agricultural and commercial importance is considerable. The population of
Belgium in 1880 was nearly 5i millions. The manufactures of Belgium are
very important, and many are superior to those of other countries, the principal
exports being wrought iron, hardware, machinery, linens, woollens, cottons, yarns,
sugar, paper, glass, fire-arms, lace. The linens of Flanders and lace of South
Brabant have a special reputation. Carpets and porcelain are produced t Tour-
nay, cloth at Verviers, carriages at Brussels, cutlery at Namur, beet-root sugar
in Hainault and Antwerp. There are very extenbive foundries and machine
works at Cbarleroi and Liege.
(Patent Law of 24<th May, 1854.)
Patents of Invention and Patents of Importation (which con-
fer the same rights as Patents of Invention) are granted accord-
ing as the invention is first patented in Belgium or in some
other country. Patents of Improvement are also granted to
the original patentee and to others for subsequent improve-
ments on, or additions to, a previously patented invention.
To whom, granted. Patents are granted to the inventor
or his assignee duly appointed, or any one legally entitled to
the invention, a company, &c. A simple power from the inven-
tor, authorising any one to take a Belgian Patent in his own
name, is sufficient, said power being stamped and registered.
For what granted. Patents are granted for all dis-
coveries or improvements that may be worked as articles of in-
dustry and commerce.
40 BELGIUM.
Novelty of Invention. The invention must not have
been worked commercially by others than the inventor within
the Kingdom of Belgium prior to the date of application for the
patent. The working by the inventor himself before the appli-
cation for a patent does not, therefore, necessarily affect its
validity. The publication in Belgium of the blue-book of the
English specification, prior to the date of application for the Bel-
gian patent, does not prejudice the latter, but a complete printed
description and drawings must not have been published in
Belgium (otherwise than by a legal formality) prior to the ap-
plication for the Belgian patent. Subject to these conditions a
foreign patentee, though his patent be several years old, may
obtain a valid Belgian Patent of Importation, and should any
Belgian patent for the same invention have been taken out by
another person subsequent to the date of his foreign patent, he
may apply to the Courts to confirm his rights in priority to
such other patentee.
Duration of Patent. The duration of a Patent of Inven-
tion (granted for an invention which has not been patented
elsewhere) is 20 years. The duration of a Patent of Importa-
tion (granted for an invention first patented in some other
country) is limited to that of the previous foreign patent of
longest term. The duration is in all cases subject to the con-
ditions hereafter mentioned as to payment of taxes (see Taxes)
and working the invention (see Conditions of Grant).
Date of Patent. The patent bears date as of the day of
filing the application.
Extent of Grant. The patent extends to the whole King-
dom of Belgium.
Procedure. The application is made by depositing a
petition on stamped paper indicating the date and duration of
the original foreign patent (if any), and accompanied by a
full and complete specification, and drawings in duplicate, a
memorandum of the documents, and a receipt for the first year's
tax. The specification must clearly describe the invention,
BELGIUM. 41
and point out its essential features. It must be written either
in the French, Flemish or German language, and if in either
of the two latter must be accompanied by a French translation
when the applicant is not resident in Belgium. All specifica-
tions must be written without interlineations ; all words struck
out must be initialled and counted. If the petitioner be the
assignee of the inventor, an assignment, or a simple power
stamped and registered, authorizing the assignee to take the
patent in his own name, is required.
Official Examination. No examination is made as to
the novelty or utility of the invention.
Taxes. Patents of Invention, and Patents of Importation
.are subject to the payment of a small annual tax increasing
progressively at the rate of 10 francs per annum, a month's
grace being allowed subject to a fine of 10 francs. Patents of
Improvement are exempt from taxes when granted to the
owner of the original patent.
Patents of Improvement. Patents of Improvement
-are granted to the original patentee ; they are exempt from
taxes, and expire with the original patent. The Patent of
Improvement must be for improvements of the same nature as
the original invention, otherwise it will not be held legally
valid. Patents of Improvement are also granted to others than
the owner of the original patent, but in that case they are
subject to the same taxes as original patents, and the holder
of the Patent of Improvement cannot use the invention without
the license of the owner of the original patent and conversely.
Conditions of Grant ; working invention. The
invention must be brought into practical operation in Belgium
within one year of its having been worked elsewhere, and whilst
continuing to be worked abroad, must not cease to be so worked
in Belgium for an entire year at a time, unless the grantee can
justify his inaction. It is not considered sufficient to import
the articles from abroad and sell them in Belgium ; nor is it a
strict compliance with the spirit of the law to make a few in
42 BELGIUM.
Belgium whilst importing largely from abroad and selling in
Belgium, but the law is very indefinite and lax on this question.
Importation and Marking of patented articles.
The introduction of patented articles by the patentee is not
prohibited, and the law imposes no obligation to mark patented
articles as such.
Revocation of Patent. Patents lapse by non-payment
of the annual taxes within the prescribed time, and are liable
to be annulled (a) for neglect to work the invention in Belgium
within the prescribed period, and thereafter continuously; (&) for
want of novelty (see Novelty of Invention) ; (c) for insufficiency
of specification.
Assignments, etc Every assignment and license must
be notified to the proper department, and an authentic copy of
the deed must be furnished.
Germany.
Q
The most important manufactures and the places whero they are carried on
are as follows linen in Prussian Silesia, Saxony and Westphalia: cotton in
Alsace-Lorraine, Wurtemburg, and the Grand Duchy of Baden ; silk in the
Rhine Provinces and in Baden ; iron in most of the States, but principally in
Prussia, Alsace-Lorraine, Bavaria, and Saxony; and steel in the Rhine Provinces.
Other manufactures are beet-root sugar, leather, porcelain, musical instruments,
&c. Breweries and distilleries are to be met with everywhere. The money,
weights, and measures are now uniform throughout the Empire. The de
nominational unit of the monetary system is the Mark (about equal to Is.) which
is divided into 100 pfennige. Since January, 1872, the French metrical system.
of weights and measures has been in force. A measure equal to half a
litre is called a schoppen, and one equal to 50 litres is called a scheffel. Half a
kilogramme is 1 pf und ; 50 kilogrammes or 100 pf und make 1 centuer ; and 1000
kilogrammes make 1 tonne. The population in 1880 was upwards of 45,000,000.
(Patent Law of 1877.)
Patents of Invention are granted, and also Patents of Addition
for improvements on previously patented inventions.
To whom granted. Patents are granted to the first
applicant, whether he be the inventor or merely the importer.
The patent may be taken in the name of a company or firm.
For what granted. Patents are granted for new inven-
tions which admit of industrial use, but not for articles of food,
drinks, and medicines, nor for substances produced by a chemical
method, if the invention does not relate to the method of
producing such articles.
Novelty of Invention. The invention must not have
been described in a printed publication in any country, nor
publicly worked in Germany prior to the date of application for
the patent.
44 GERMANY.
Duration of Patent. The duration of the patent is 15
years, subject to the payment of the annual taxes (see Taxes),
and to the conditions as to working the invention and granting
licenses hereafter mentioned (see Conditions of Grant).
The duration of the German patent is not affected by the
lapsing of prior foreign patents for the same invention.
Date of Patent. The date from which the duration of the
patent runs is the day following the filing of the application.
Extent of Grant- The patent extends to the whole
Empire of Germany, that is to say, the Kingdoms of Prussia,
Saxony, Wurtemburg, Bavaria, the Territory of Alsace-Lorraine,
and all the minor States.
Procedure. The application for a patent is made by a
petition, accompanied by a specification in the German lan-
guage, a drawing on cardboard (of certain dimensions), and a
duplicate drawing on tracing cloth. Measures and weights
must be quoted according to the metrical system, temperatures
according to the Celsius scale, and densities as specific weights.
If the application is approved by the Patent Office, provisional
protection is accorded in the first instance, and a notification
thereof is officially published. Objections to the grant may be
lodged within eight weeks from the date of this publication.
Official Examination. An official examination is made
by an examiner as to the novelty of the invention before the
patent is granted. In case of an adverse decision an appeal
may be lodged within four weeks, and a further term is allowed
for stating the grounds of the appeal. The appeal is heard by
another examiner, whose decision is final.
Model. In ordinary cases no model is required, but when
necessary for due examination of the invention a model is
called for. When the invention relates to improvements in
firearms, a specimen or working model must be supplied to the
Patent Office. Models of spools, spindles, shuttles, and skates
must also be supplied. These are retained by the Patent Office
if the patent be granted.
GERMANY. 45
Taxes. Patents are subject to a progressively increasing
annual tax (for the payment of which three months' grace is
allowed) commencing at 50 marks and increasing by 50 marks
in each subsequent year.
Certificates of Addition. Patents or Certificates of Ad-
dition are granted for improvements on an invention already
patented. Such supplementary patents are exempt from annual
taxes, and terminate with the original patent.
Conditions of Grant ; working invention. The in-
vention must be worked in Germany to an adequate extent
within three years from the date of the patent, or at least
everything must be done to ensure its being worked. It is
advisable to obtain a certificate proving compliance with this
requirement of the law, for use in case of litigation. If from
the nature of the case it is found impossible to put the inven-
tion into practical operation within the specified time, it is well
to publish advertisements or announce in some way that the
patentee is desirous either of disposing of the patent or of
granting licences, so that it may in case of necessity be shown
that the patentee has made bond fide attempts to have the in-
vention worked in the Empire. The patent is subject also to
the payment of the taxes above mentioned (see Taxes), and to
the obligation to grant licenses under certain circumstances
(see Compulsory Licenses').
Importation and Marking of patented articles.
The law does not prohibit the importation by the patentee of
articles made in accordance with the patent, and imposes no
obligation to mark patented articles as such, but it is recom-
mended that they should be marked with the words " Deutsches
Reichs Patent" or with the initials D. R. P., followed in either
case by the date of the patent, but the article must not be
so marked until the grant is finally allowed. The fraud-
ulent marking of articles is punishable by fine or imprison-
ment.
Revocation of Patent. The patent will be annulled if
46 GERMANY.
it is found that the invention was not patentable, or that the
essential parts of the invention were taken from another person
without consent. The patent will be revoked for non- working
of the invention within the prescribed time (see Conditions of
Grant), and also in case of the patentee refusing to grant licenses
required in the public interest upon adequate compensation.
The patent lapses by non-payment of the taxes within the
prescribed time (see Taxes).
Assignments, &c. Assignments of German Patents must
be registered in Germany in order to be legally valid, and for
this purpose an assignment executed by the assignor, and a
declaration of acceptance executed by the assignee, must be
lodged at the Patent Office ; the signatures to both documents
must be certified by a notary and legalised by the German
Consul.
Compulsory Licenses. In case of licenses being required
for the public interest, the patentee is bound to grant such
licenses upon adequate compensation, under penalty of revo-
cation of the patent.
47
United States of America.
The area of the United States, exclusive of Alaska, is about 3,000,000 square
miles, and the population in 1880 was upwards of 50,000,000. The chief manu-
factures, and the localities where they are carried on, are as follows : cotton in
Massachusetts, Pennsylvania, Khode IslanH, Connecticut and New York ; woollen
goods in the ahove-mentioned States, and also in New Hampshire, Vermont,
Ohio and California : iron in Philadelphia, Pittsburg, Cincinnati, New York,
Baltimore and St. Louis ; boots and shoes by machinery in Massachusetts. Other
manufactures are leather, railway and tramway cars, hardware, cutlery, agricul-
tural implements, labour-saving irachinery, &c., steam engines, petroleum and
other oils, paper, musical instruments, sugar, flour, and other food products,
hosiery, india-rubber goods, and others too numerous to mention.
The exports in 1881 were upwards of 902,000,000 dollars, and the imports
642,000,000 dollars.
Accounts are kept in dollars (one dollar is equal to about four shillings) and
cents. The weights and measures are the same as in Great Britain.
(Patent Law of July 8th, 1870, as revised in the General
Revision of Federal Statutes in 1874.)
Patents for Inventions are granted for 17 years, subject, how-
ever, when the invention has been previously patented else-
where, to the condition that the American patent shall be
limited to the term for which such previous foreign patent was
granted.
To whom granted. Patents are granted to the original
and first inventor, or his assignee, or to the inventor and
assignee conjointly. If the invention result from the joint
action of two or more minds, the patent must be taken con-
jointly by the co-inventors.
For what granted. Patents are granted for any new
and useful art, machine, manufacture, or composition of matter,
or any new and useful improvement therein. The invention
48 UNITED STATES.
must be the result of ingenuity, or the production of inventive
faculty, in centra-distinction to the mere novel employment of
a known machine or apparatus. It is essential that it should
be useful, and not contrary to morality, nor harmful. The
patent is strictly limited to a single invention.
Novelty of Invention. In the case of inventions which
have been already patented in England or elsewhere, the
publication in the United States of the English or foreign speci-
fication does not deprive the invention of the attribute of
novelty. The only restriction is that the invention must not
have been put in public use nor on sale in the United States
for more than two years prior to the application.
Duration of Patent. The duration of the patent is
seventeen years from date of issue of the patent except when
the invention has been previously patented abroad, in which
case the American patent will expire with the term for which
the foreign patent was nominally granted. If there be more
than one previous foreign patent, the life of the American
patent will be limited to the one nominally granted for the
shortest term.
Date of Patent. The Letters Patent are dated as of the
day of issue.
Extent of Grant. The patent extends to the United
States and the territories thereof.
Procedure. Formal application is made by filing a com-
plete specification with drawings in all cases capable of illustra-
tion together with petition and oath, and if the documents
be in correct order the case is taken up for examination. The
application must be completed and prepared for examination
within two years from date of filing, and in default thereof, or
upon failure of the applicant to prosecute the same within two
years after any action thereon, the application will be regarded
as abandoned, unless it be satisfactorily shown that such delay
was unavoidable. But such abandonment will not prevent the
filing of a new application for the same invention.
UNITED STATES. 49
Model. None is required, unless the same shall be called
for by the examiner.
Official Examination, A rigorous examination is made
as to the patentability and novelty of the invention by
examiners, from whose decision if adverse to the grant of the
patent, an appeal may be made in succession to a Board of
Examiners in chief, to the Commissioner of Patents, to the
Supreme Court of the District of Columbia, and finally by bill
in equity before any United States Court.
Taxes. Patents are not subject to any taxes or further
payments after the issue of the patent.
Objections or Interferences. Interference proceedings
or claims to priority of invention may be entered by others
claiming the same invention, and although the Commissioner
has no power to cancel a patent, he may grant a second patent
for the same invention to another person after such person has
established by evidence in due form his priority of invention
Interferences are also declared by the office both when the
same invention is claimed by two or more original applicants,
and in certain other cases. An applicant may, in order to avoid
the continuance of the interference, disclaim the particular
matter in issue, such disclaimer forming part of his specification.
The grant of a patent to a fraudulent applicant will not be a
bar to the right of the original and first inventor to obtain a
patent for the invention subsequently.
Conditions of Grant ; working invention. The law
imposes no obligation on the patentee to practice his invention
within any specified time.
Importation and Marking of patented articles.
The importation by the patentee of the articles patented by
him is not prohibited.
Every article made under a patent must be marked
" Patented," with the date of the patent, or if the character of
the article renders this impracticable, the wrapper, package, or
label must be so marked. The only penalty for failure to mark
50 UNITED STATES.
is that no damages can be recovered for any involuntary in-
fringements, but only for those committed after the infringer
has been specially notified of the existence of the patent. But
if the infringer knew that a patent existed, then he is liable
although the article was not marked patented.
Re-issues and Disclaimers. A re-issue, which is a
new and corrected patent issued in place of a defective one
which has been surrendered, is granted to the patentee, his legal
representatives, or the assignees of the entire interest, when by
reason of a defective or insufficient specification, or by reason of a
patentee claiming more than he had a right to claim, the patent
is invalid, provided that the error has arisen from inadvertence,
accident, or mistake, and without fraud or deceptive intention.
The re-issue must, however, be applied for within reasonable
time after the issue of the patent.
Disclaimers may be applied for, when the patent can be cor-
rected by simply erasing a certain claim or a certain clause in
the specification, but when the specification or claims require
to be re-written in any part, a re-issue must be applied for.
Assignments and Licences. Inventors may assign their
rights either wholly or in part, and either before or after the
grant is issued. The assignment may extend to the whole term
of the patent or to part only, and may be limited to certain
counties, states, &c.
Assignments must be recorded within three months of their
date, or they will not be valid against a subsequent purchaser
in good faith.
If the inventor assign his rights before the grant of the
patent, the latter can be issued jointly to the inventor and his
assignees or to the latter only, according to the terms of the
assignment.
Joint owners of a patent are not partners. Each
owner of an undivided share in a patent may work the
invention, and sell rights under his share to others without
accounting to the other owners of the patent.
UNITED STATES. . r >I
Joint Owners. Joint inventors are joint owners of a patent
the same as joint assignees. Unless there be some proof to the
contrary, joint owners are assumed to be equal owners. Either
can manufacture, use, and sell his share or parts thereof without
accounting to the other, can grant a non-exclusive license under
the patent, and assign his interest independently of his co-
owner.
Damages for infringements must, however, be divided between*.
the owners in proportion of their respective interests.
r. 2
Spain.
This Kingdom comprises \vith tlie Balearic and Canary Islands, an area of
fcljout 196,000 sqnai e mile?. Population in 1879 about 17,000,000. The colonies and
dependencies of this kingdom are the^Vest Indian islands of Cuba and Porto Rico,
the Phillipine Islands in the Indian seas, t)ie African possessions in the Gulf of
Guinea, and Fernando Po. The population of these colonies is about 8,300,000.
Spain itself is rich in minerals, including gold, silver, quicksilver, lead, copper,
mn, cslamine, coal, &c. In recent rears manufactures have to some extent
icvmd, more especially in ccttcn-spii nirp and weaving, paper-making, scap,
leather, arid metal Industrie?. The chief industrial centres are the provinces of
Barcelona, Gerona, Tarragona, Gnipuzcoa, and Biscay.
Accounts are kept in centimes and pesetas. 100 centimes (one peseta), eqna
to 9^d. Average rate of exchange, 25 pesetas for 1. The weights and measures
tiie the same as in Fiance, but the old weights are sometimes employed, of
which the principal are the quintal (100 libras), equal Jo 101*4 Ibs. avoir.; the
arroba (for wine), 3} imperial gallons (for oil), 2 imperial gallons ; the fanega,
1$ imperial bushels.
In the colony of Cuba, rice, sugar and tobacco are produced, the latter two
being the most important crops. Porto Eico is almost an agricultural island, the
predicts being the ss me as those of Cuba, ar.d toVaeco ai.d coffee the largest
exports. In the Philippine Islands sugar, rice, indigo, ccflee, cotton, &c., are
produced.
(Patent Laiv of 1878.)
Patents of Invention, Patents of Introduction, and Certifk an s
of Addition are granted for 20 years and under. (See Dura-
To whom granted. Patents are granted to the inventor
or importer, whether an individual, firm, or company. For tin-
different terms of patents granted to inventors and importers
see under Duration.
Por what granted. Patents are granted for machinery,
apparatus, instruments, processes, or mechanical or chemical
operations, being entirely or partly new and peculiar, or which,
without these attributes, have not been established or executed
in the same way or form in the Spanish dominions. Also new
industrial products or results, obtained by new or known
means, provided their working forms a new branch of industry
in the country ; but patents relating to such products or results
shall not prevent others from using the objects mentioned
previously for obtaining the same products or results.
Patents are granted for: (a) the result or product of apparatus
or processes first above mentioned, provided they are not con-
tained in the second part of the paragraph ; (6) the vise of
natural products ; (c) scientific principles or discoveries of a
speculative nature, not applicable to machinery or processes ;
(</) pharmaceutical operations or medicines; (/?) financial
schemes.
Novelty of Invention. The invention must not have
been known or worked in the Spanish dominions or abroad, in
the case of a 20 years patent. (See under Duration, for
patents of shorter term.)
Duration of Patent. For inventions not published either
in Spain or elsewhere 20 years. The duration of the patent is
not affected by the lapsing of prior foreign patents for the same
invention. For inventions already patented and published
elsewhere, 10 years, provided the application be made in Spain
within two years from the date of the foreign patent. For in-
ventions which are not original (i.e., the invention of the appli-
cant), or which, being original, are not new in Spain or elsewhere,
five years. The term is computed from the date of the patent,
which is generally three or four months after filing the
application, but priority is acquired from the date of filing the
application. The patent, for whatever term it maybe granted,
is subject to the payment of taxes (see Taxes) and other
conditions mentioned below. (See Conditions of Gi'<ntt).
Date of Patent. The patent is generally dated from
one to t\vo months later than the concessioner grant.
Extent of Grant. The patent extends to Spain and the
islands adjacent, and all the colonies.
54 SPAIN.
Procedure. Ihe application is made by a petition on
stamped paper addressed to the Civil Governor of the province,
accompanied by a duplicate specification (in Spanish) and
drawings (also in duplicate) on tracing cloth, a power of attorney,
and stamped paper representing the first year's tax, and an
officially certified memorandum of the documents. The docu-
ments are deposited in the office of the Civil Governor, whence
they are passed to the " Conservatorio," where they are examined
and reported on, and are afterwards sent to the Minister of
Public Works. If the application is in order the patent is then
conceded, and ultimately is returned from the Ministry of
Public Works to the " Conservatorio " ; the diploma is then
signed by the Minister, and duly registered in the Patent Office.
All application relating to patents, whether new or existing,
must be made through the Civil Governor of the province for
the time being.
Official Examination. There is no examination either as
to the novelty or to the utility of the invention.
Taxes.-^ The patent is subject to an annual and progressive
tax commencing at 10 pesetas and increasing at the rate of
10 pesetas per annum.
Certificates of Addition- Certificates of addition are
delivered (with the same formalities as an original patent) for
improvements upon the subject of the original patent, the
protection thereby acquired terminating with the original
patent. The annual taxes on the original patent cover the
certificates of addition annexed thereto.
Conditions of Grant; -working invention. The
invention must be worked in Spain within two years from the
date of the patent, and the working must be officially certified.
Moreover the working must not be interrupted for more than
a year at any subsequent time, unless the owner can show good
cause for the interruption.
Importation and Marking of patented articles.
The law does not prohibit the importation by the patentee of
SPAIN. 55
the patented articles into Spain, and does not impose any obli-
gation on the patentee to mark the patented articles as such.
Revocation of Patent Patents are declared void by
failure to pay the annual taxes ; for breach of the conditions as
to working the invention within the specified time ; and they
may be annulled at the instance of third parties, and by the
sentence of a Spanish Court upon proof that the invention was
not new when the patent was applied for, or that the specifica-
tion insufficiently describes how the invention is to be worked,
and upon other grounds.
Amendments and Disclaimers. The law does not
provide for amending specifications except by way of certificate
of addition.
Infringements. Infringements of patents are punishable
by fine, damages, and the confiscation of the counterfeit
articles to the patentee.
Assignments. All assignments or modifications of the
original right must be registered at Madrid. The deeds must
be in Spanish, or must be officially translated and legalised.
The payment of, the annual taxes up to the date of the con-
tract must be proved and various other formalities observed.
Italy.
The Kingdom of Italy includes the Islands of Sicily and Sardinia, to which
Letters Patent also extend. Manufactures have in recent years made great
progress, especially in Tuscany and the northern provinces. The most impor-
tant is silk spinning, in which Italy excels. Woollen manufactures are chiefly
carried on in Upper Italy. The linen and hemp manufactures are also impor-
tant. Cotton manufactures are chiefly carried on in Lombardy. A good
deal of machinery is constructed in Liguria. Lombardy stands at the head of
the iron industry. Boracic acid is an important product. Tartaric acid, citric
acid, tlic manufacture of soap, and the preparation of alizarine.may also be par-
ticularly mentioned. Population in 1871 about 27,000,000. Accounts are kept
in lire t9d.) and centesimi (|d).
(Patent Laws of 1859 and 1864 and Decree of 1870.)
Patents of Invention and Patents of Importation (which
confer the same rights as Patents of Invention) are granted
according as the invention is first patented in Italy or in some
other country.
Certificates of Addition are also issued.
To whom granted. Patents are granted to the inventor,
and in the case of an invention already patented abroad, to the
inventor or his assigns. Applications may be made by indi-
viduals, corporations, firms, or associations, &c.
For what granted. Patents are granted for any new in-
vention having for its immediate object (a) an industrial
product or result ; (6) an instrument, machine, tool, or me-
chanical apparatus ; (c) a process or mode of manufacture ; (d)
a motor, or the application of any known force to industrial
purposes ; (e) and lastly, the practical application of a scientific
principle in such a manner as to directly produce industrial
results, in which case the patent is limited solely to the
ITALY. 57
results specified. But inventions that relate to anything con-
trary to law, morals, or public safety, or that do not relate to
the manufacture of material objects, or that are of a mere theo-
retical nature, and medicines, are not patentable. Inventions
relating to alimentary substances are referred to the Superior
Board of Health, and if thought injurious the patent is refused
The patent is limited to a single invention.
Novelty of Invention. An invention is considered new,
if not already so completely within public knowledge in Italy
as to enable any person to put it in practice. An invention
already patented abroad, although it may have been published
by the patent, is still considered new, provided that the inven-
tion has not been freely imported and worked in the Kingdom
by other parties prior to the application for the Italian patent
and provided that the foreign patent be still in force.
Duration of Patent. The maximum duration of the
patent is fifteen years, subject to the payment of annual taxes
(see Taxes), and to certain conditions as to working the
invention (see Conditions of Grant). In the case of an
invention already patented abroad, the Italian patent expires
with the foreign patent of longest term, provided it does
not exceed fifteen years. Patents may be granted for any
number of years from one to fifteen, and may be prolonged
from year to year until the maximum term is reached. It is
usual to apply for a six years patent, for the reason men-
tioned under Conditions of Grant.
Date of Patent. The duration of the patent is computed
from the last day of the quarter of the year in which the appli-
cation is made, but priority is acquired and the patent takes
effect with respect to third parties from the date of application.
Extent of Grant. The patent extends to the whole
Kingdom of Italy including the islands of Sicily and Sardinia,
Procedure. The application must contain, besides formal
particulars, a description (in triplicate) of the invention in
French or Italian on stamped paper; drawings (in triplicate, and
made to the smallest possible metrical scale) ; a receipt for the
58 ITALY.
taxes corresponding to the term of the patent applied for ; a
legalised power of attorney ; a memorandum of the documents,
and in the case of a Patent of Importation, the original foreign
patent or a legalised copy. If the application be made by the
assignee of the foreign patentee a proper assignment must be
produced.
Official Examination A formal examination is made of
the documents and as to the patentability of the invention, but
none as to its novelty and utility.
Taxes. The patent is subject to two kinds of taxes, viz., a
proportional and an annual tax.
The proportional tax is equal to 10 lire multiplied by the
number of years applied for, whether on an original application
or by way of prolongation of a patent already granted, and Is
payable in advance.
The annual tax is 40 lire for the 1st, 2nd, and 3rd years, and
increases 25 lire at triennial intervals.
Each prolongation of a patent of a short term is subject to an
extra tax of 40 lire, besides the proportional and annual taxes
above mentioned. Three months grace is allowed for payment
of the annual taxes.
Certificates of Addition. Certificates of addition are
granted to the patentee or his assigns for improvements
on the patented invention, which improvements are thereby
protected for the residue of the term of the original patent
with which they are prolonged and expire, the taxes on the
original patent covering also the certificates of addition
annexed thereto. Applications for such certificates of addition
made by the patentee or his assignee during the first six
months of the duration of the patent take precedence over-
similar applications made by other parties.
Conditions of Grant ; working. Patents granted for
six years and upwards must be brought into practical operation
in Italy within two years from the date of the patent, and such
working must not, at any subsequent time, be discontinued for
two consecutive years. For patents granted for shorter terms
ITALY. 59-
the limitation is one year in each case. The patentee does not
however, necessarily forfeit his rights by failure to comply with
these conditions, if due to causes beyond his control. Want of
pecuniary means is not, however, a valid excuse. It is advisable
to have the working of the invention legally proved by a notarial
certificate.
Importation and Marking of patented articles.
The law does not prohibit the importation by the patentee of
the patented articles, and does not impose any obligation to
mark the patented articles as such.
Revocation of Patent. Patents are void if the invention
is unpatentable ; if granted for alimentary substances against
the advice of the Board of Health ; if the title indicates falsely
the object of the invention ; if the specification is insufficient ;
if the invention is not new or useful in industry ; if the inven-
tion is a modification of another patent of less than six months
prior date; if the taxes be not paid in due time ; if the inven-
tion is not worked within the prescribed time.
Disclaimers. Certificates of reduction (which are equiva-
lent to disclaimers) may be entered only during the first six
months of a patent. The application must distinctly point out
the parts to be disclaimed, and must be accompanied by a new
specification and drawings in triplicate, to be substituted for
those originally filed, and by the payment of 40 lire.
Assignments. Every assignment must be on stamped
paper arid in the French or Italian language, and must be regis-
tered at the Ministry and published in the Official Gazette at
the expense of the applicant, and is not valid with respect to
third parties until so registered. The original deed and a
memorandum in duplicate of certain formal particulars must be
produced, of which the former will be returned. In case of a
total assignment, the assignees are bound to pay the taxes, but
in case of a partial assignment, the deed cannot be registered
until all the taxes have been paid up for the remainder of the
term of the patent.
ITALY.
Infringements. The infringement of a patent by manu-
facturing, selling, or importing, is punishable by a fine not ex-
t -reding 500 lire and by seizure of the counterfeit objects and
apparatus used in their manufacture, besides damages.
Austria-Hungary.
o
The Austrian Empire, which is the largest State next to Russia on the conti-
-nent of Europe, is divided into two great sections, one beirg composed of the
Austrian, or Cisleitlian provinces, and the other of the Tran&leithan. provinces, or
lands of the Hungarian Crown. The Empire embraces an area of upwards of
210000 square miles, and has a population, according to the census of 1880, of
about 38,000,000, without taking into account the Turkish provinces of Bosnia
and Herzegovina, which are now administered by Austria. Manufactures
flourish most in Bohemia, Moravia, Silesia, Lower Austria, and Vorarlberg.
The chief articles produced are cotton, woollen and linen goods, leather,
articles of silver, iron and steel, glass, and earthenware. In the manufacture
of scientific instruments, Austria holds a high position. The iron industry has
recently developed to a considerable extent, and in the manufacture of machi-
nery great advances have been made. In Bohemia and Moravia sugar is pro-
duced from beet to a large extent. The manufacture of leather goods is also
very large.
Accounts in Austria are kept in gulden, or florins of 100 neukreutzer each .
The florin is equal to about 2s. The centner, by which all considerable weights
are calculated, is equal to 123|lbs. avoir. The melz is equal to 1'7 imperial
buthel. The eimer (the customary liquid measure) is equal to 14r94 English
wine gallons. The Vienna foot is equal to 12'45 inches.
t Lav:.)
On the establishment of the dual system of government in
Austria-Hungary, it was decided by a special agreement between
the ministers of Hungary and Cisleithania, that the Imperial
Decree of 15th August, 1852, in which the law and practice with
regard to inventions are fully explained, should remain in force
throughout the whole empire.
In accordance with the terms of this agreement, the Cislei-
thanian and Hungarian Ministers of Commerce submit to mutual
approval the inventions for which they intend granting patents,
and subsequently to such approval each ministry issues patents,
bearing identical dates, for its respective division of the
empire.
'62 AUSTRIA-HUNGARY.
Thus, an inventor, desirous of securing an exclusive right to
Tiis invention in Austria-Hungary, must provide himself with
two patents. These are, however, granted on a single applica-
tion, addressed, at the choice of the applicant, either to the
Cisleithanian or Hungarian Ministry of Commerce, and on one
payment of the fees.
The patents thus issued are likewise valid in Bosnia and
Herzegovina. They are granted either as secret patents or
public patents. In the case of a secret patent the documents
are not open to public inspection during the existence of the
patent in its secret form, and damages for infringements cannot
be obtained, until the infringer has been officially informed of
the existence of the patent, and the object of the invention, by a
notary or legal functionary; but an injunction may be obtained
and an order for the seizure or destruction of the counterfeit
articles. It is customary to apply for a secret patent, thereby
avoiding publication until all foreign patents are secured. A
secret patent may, on application at any subsequent time be
declared public, but public patents must always remain open t
inspection.
To whom granted In the case of inventions patented
elsewhere, Austrian patents are only granted to the original
patentee or his legal assignee during the existence of the
foreign patent. A foreigner can however obtain a patent in
Austria whether a foreign patent has or has not been obtained.
But if the invention patented abroad has been worked abroad
before application is made for the Austrian patent, it is necessary
to produce the foreign patent, upon which the Austrian will be
founded, and on the life of which it will depend.
For what granted. Patents are granted for any new
discovery, invention, or improvement, having for object a new
industrial product or new means or method of production, but
not for alimentary preparations, beverages or medicines, nor for
methods of preparing the same, nor for scientific principles or
theories. A part of a process of manufacturing articles of footl,
AUSTRIA-HUNGARY. 63
beverages, and medicines, may however be patented ; thus for
instance many inventions relating to the manufacture of sugar,
beer, etc., are patented.
Novelty of Invention Inventions are considered new
when they have not been worked in the Empire or described in
a printed publication prior to the date of application for the
patent.
Duration of Patent. Patents are granted for any number
of years not exceeding 15. They are usually obtained for one
year, with power of renewal to 15 years by application for pro-
longation and payment of annual taxes (see Taxes), and the
production of the original patent at the time of each payment.
The duration of the patent runs from the day of signature of
the patent, and is subject to the condition mentioned below as
to working the invention (see Conditions of Grant), and is
limited by the life of the previous foreign patent for the same
invention, if such foreign patent was previously worked abroad,
and was produced at the application.
Date of Patent. The date from which the duration of the
patent runs is the date of grant or signature, but priority is
acquired from the time of filing the application. The patent is
generally issued about one month after the grant.
Extent of Grant. The Empire of Austria and the King-
dom of Hungary, together with Bosnia and Herzegovina.
Procedure. The application is made by filing a specifica-
tion in the German language and drawings (all in duplicate)
at the Ministry of Commerce in Vienna, accompanied by a
legalised power of attorney. The application is referred to
the Polytechnical Institute of Vienna for examination of the
documents, and as to the patentability of the invention. If
objections are raised, the applicant is informed thereof, and
time allowed for amending the specification. If the invention
be of an unpatentable character the patent is refused. If no
objection be raised the documents are then sent to the Hungarian
Ministry of Commerce, Budapest, where a second examination
04 AUSTRIA-HUNGARY.
is made. If no objection be made by the Polytechnical School
of Budapest, the Hungarian patent is granted, registered, and
sent to Vienna, where the Austrian patent is granted under the
same date as in Hungary, and the dual patent issued to the
applicant, the specification being then opened to public inspec-
tion or kept secret in the archives, according as a public or a
secret patent has been applied for.
Official Examination- The documents are examined as
to the sufficiency of the specification and the patentability of
the invention generally, but no examination is made as to t la-
novelty and utility of the invention before the grant of tin-
patent.
Taxes Patents granted for less than fifteen years may bo-
prolonged to that extent by special application for renewal, and
by the payment of an annual tax or prolongation fee com-
mencing at 26 florins for each of the first five years and there-
after increasing progressively.
Conditions of Grant ; working. The invention must
be worked in Austria within one year from the date of the
patent, and it is advisable to have such working officially
certified. The working must not be subsequently discontinued
for two consecutive years.
Importation and Marking- of patented articles.
The importation of the patented articles from abroad by the
patentee does not affect the validity of the Austrian patent.
The law imposes no obligation to mark the patented
articles as such.
Revocation of Patent. Patents may be cancelled on proof
that the specification is insufficent or that the invention was not
new in the Empire at the date of application for the patent, or
that the invention is identical with that for which a previous
Austrian patent has been granted; also, in the case of a foreign
invention, 011 the ground that the patentee is not the owner of
the foreign patent, if the invention has been worked abroad
before application in Austria; also for nou- working of the iuven-
AUSTRIA-HUNGARY. 65
tion within the prescribed time, or interruption of the working
during two consecutive years. A patent granted for less than
15 years lapses by efflux of time, unless subsequently renewed
by the payment of the annual taxes or prolongation fees.
Assignments and Licenses Assignments, etc., must
be officially legalised and registered in Austria.
Infringements. Infringements of patent rights are :
(a) The imitation of the products of a patented invention
even when such imitation results from the possession of a sub-
sequent or partially identical patent.
(6) The importation for sale of counterfeit products.
(c) The sale, exhibition, etc., of such products.
A first infringement of a public patent, a second one of a
secret patent, is punishable with a fine varying from 25 fl. to
1,000 fl., and on non-payment of the same, by one day's arrest
for every 5 fl. of the fine imposed, and by confiscation of the
machinery, tools, etc.
Portugal.
This Kingdom has an area of 34,601 square miles. The population in 1878
was about 6,000,000. The foreign possessions of Portugal consist of Goa,
Damaun, Diu, etc., in Hindustan, Macao, in the Indian Archipelago, Caps
Verde, St. Thomas and Prince's Islands, Guinea, Angola, Mozambique, the
Iiland of Madeira, the Azores, etc. In Madeira, sugar cane has, since the
outbreak of the vine disease some time ago, received considerable attention.
In Portugal manufactures are very limited in extent, but have increased of late
years. Woollen cloth and other woollen stuffs are made at Portalegre and
Alemquer ; delft and ordinary eHrthenware at Lisbon, Oporto, Coimbra, Caldas,
Beja, Estremoz, etc. ; prints at Lisbon and Oporto ; lace at Peniche ; cotton
twist at Thomar ; silks atBraganza, Chacim, Oporto, etc. ; copper and tinware at
Lisbon, etc. Shipbuilding is also well understood, and a few vessels are
constructed at Lisbon, Figueira, Oporto, and Villa do Conde. The minerwl pro-
ducts are of considerable importance, and comprise manganese, lead, copper,
iron, coal, salt, etc. Wine is the chief export. Accounts are kept in reis and
milreis or 1000 rais. The value of the real is so small that the milreis is worth
only about 4s. 4jd. The French metric system was introduced about 1860.
(Patent Law of 1868 and 1870.)
Patents of Invention are granted under the Royal Sign
Manual, and Certificates of Addition are also granted for im-
provements 011 inventions already patented.
To whom granted. Patents are granted to the true and
first inventor, either by himself or his duly authorised agent.
The patent may also be taken by a society or company, and
by natives or aliens, but not by a mere importer who is not the
actual inventor.
For what granted. Patents are granted for all inven-
tions, discoveries or improvements on machines, apparatus,
processes, systems, or commercial products, possessing the cha-
racter of novelty and utility, providing they do not relate to
illegal or immoral objects. A valid patent cannot however be
obtained either for an invention already known in Portugal
either practically or theoretically, by a technical description in
PORTUGAL. 67
a Portuguese or foreign work or by other means, or for changes
which do not possess utility, but merely consist of alterations in
form or proportion or simply in ornamentation.
Novelty of Invention. The invention must be new in
the Kingdom of Portugal.
Duration of Patent The maximum term granted is
15 years, and the patent is delivered for one, two, three or more
years, as may be desired by the applicant. If a patent for a
less term than 15 years has been applied for, it may be sub-
sequently extended to the full term by payment of the proper
taxes (see Taxes). In the case of an invention already patented
abroad, the duration of the Portuguese patent is limited to the
unexpired residue of the first foreign patent (see also Conditions
of Grant).
Date of Patent The patent is dated as of the day of the
signature of the Royal Letters by the King.
Extent of Grant. The patent extends to the whole of
Portugal and its Colonies.
Procedure Duplicate copies of a description of the inven-
tion in the Portuguese language must be furnished, accompanied
by two sets of drawings on any suitable material, drawn to a
metrical scale and of convenient dimensions, legalised power of
attorney, etc. The Royal Letters (Alvara) is transmitted to the
Ministry of Public Works, Commerce and Industry, signed by
the King and the Minister, etc., and issued.
Official Examination No examination is made as to
the novelty or utility of the invention.
Certificates of Addition. Improvements on an existing
patent may be protected either by a new patent, or by a certifi-
cate of addition to the original patent. A certificate of addition,
which enures for the full term of the original patent, can be
obtained during the first year after the date of the patent, only
by the original patentee or his legal representative, but any one
is at liberty to make application for a certificate of addition,
even during this period, the application remaining under seal, and
having the preference against any other party who may present an
F 2
68 PORTUGAL.
application subsequently. In any case, however, the original
patentee has the prior claim if he should make application for a cer-
tificate of addition at any time during the first year of his patent.
Conditions of Grant ; "working. The invention must
be worked in Portugal within two years from the date of the
signature of the patent, and must not cease to be so worked for
two years consecutively. It is not absolutely necessary to have
an official certificate of working, but this is desirable as proof in
case of subsequent litigation. If the patentee can justify his
inaction, the Government may accord a further delay of two
years for working, on due application being made.
Importation and Marking of patented articles.
The importation- by the patentee of articles made in accord-
ance with the patent is not prohibited. The law imposes no
obligation on the patentee to mark the patented articles as such,
Revocation of Patent. Patents may be annulled:
(a) if the invention was already made public prior to the date
of application for Portugese patent ; (6) if it has already been
patented in Portugal ; (c) if it is contrary to law or to public
safety or health ; (d) if the title given fraudulently includes a
different object ; (e) if the description fails to specify all that is
necessary to carry out the invention or the true means
employed ; (/) if the proper formalities have not been observed
in obtaining the patent ; (g) if the invention is not useful ; (&)
if the invention is not put into operation in Portugal within
two years from the date of the signature of the patent.
Assignments. The assignment wholly or in part must be
under certificate of a notary. There is no provision for the
registration of transfers.
Infringements. The manufacture, sale, or introduction of
articles made in accordance \rith the invention, into Portugal or
the colonies, are considered infringements of the patent. In-
fringers may be punished by fine, and by the confiscation of all
objects used in the production of the patented article besides,
being liable for damages.
Russia.
The population of Bussia is about 86,000,000. Considerable progress has been
recently made in the manufacture of leather, both ordinary and morocco. Among
other manufactures may be mentioned cotton twist and cotton goods, woollen and
linen goods, silks, cashmere shawls, carpets, oil, wax, glue, and tobacco.
The silver rouble of 100 copecks is nominally equal to about 3s. 2d., but varies
according to the rate of exchange. Paper money is in general use. The pound
is equal to 0'902 avoir., the pood (40 Ibs. Kusaian) is equal to 36 Ibs. avoir.
( The laws regulating the grant of letters patent are dated
17th June, 1812, the 22nd November, 1833, the 23rd October,
1840, the loth August, 1845, the 7th July, 1852, the 22nd May,
1862, the 16th February, 1867, the 22nd April, 1868, and
the 30th March, 1870.)
Letters patent can be obtained for inventions already
patented abroad and also for inventions which are already known
and in use in foreign countries, but are new in Russia, and
for which no foreign patent has been granted. The former
are termed Patents of Invention ; the latter, which are termed
Patents of Importation, can only be obtained by special favor,
the advantages to be derived from the introduction of the
inventions being taken into consideration.
To whom granted. Patents are granted to the inventor
or his assignee, and to the introducer of foreign inventions
known abroad, but which are new in Russia.
For what granted. Patents of Invention are granted,
for any new and useful art, machine, manufacture, or composi-
tion of matter (and any improvement therein) not publicly known
70 RUSSIA.
in the Empire. Patents of Importation are granted exceptionally
and by special favor for the introduction of inventions already
known and in use abroad, but which are new in Russia, and for
\vhich no foreign patent has been obtained. Patents are not
granted for fundamental or elementary principles, unless applied
or embodied to obtain some new result in the arts, nor for trifling
inventions indicative only of inventive genius, and possessing no
practical utility or advantage ; nor for inventions dangerous to
society or detrimental to the government revenues. No patents
are granted for inventions relating to purposes of war and
national defence, such as guns, projectiles, fuses, and other
ordnance appurtenances, armour plating for ships, torpedoes
powder magazines, revolving turrets, &c., the use of which ap-
pertains to Government alone. Patents are, however, granted
for improvements in small arms, cartridges, and other like
inventions, which are applicable both for military and private
use, but only on the condition that the army and navy shall
not be thereby debarred from the free use of such inventions
for military purposes.
Novelty of Invention. An invention is considered new
and a Patent of Invention may be obtained therefor, if the
invention is not already in use in the Empire, and if no detailed
description has, prior to the application for the patent, been
published in the Empire.
Duration of Patent. Patents of Invention are granted
for three, five, or ten years, at the option of the applicant, but
the patent, when once granted for either of the short terms,
cannot be subsequently prolonged. The duration of the grant
is in any case limited to the duration of a previous foreign
patent (if any) for the same invention. Patents of Importation
are granted for terms varying from one to six years.
Date of Patent. The term of the patent is computed
from the day of issue of the grant.
Extent of Grant. The patent extends to the Empire of
Russia and the Kingdom of Poland.
RUSSIA. 71
Procedure. A petition, together with a full and clear
specification in the Russian language, containing a distinct
statement of what is claimed, accompanied by drawings illus-
trating the invention, is presented to the Minister of the
Interior, and thereupon a certificate is issued setting forth the
date and hour at which the application was presented. Priority
is acquired from the time of filing, and actions for infringement
can be at once instituted. The application is then submitted
to the Committee of Manufactures for examination, and a
report is made to the Minister of Finance, stating whether the
invention has or has not been previously patented in Russia.
If the description is considered incomplete, the applicant is re-
quired to amend the same. The patent is not, however, under
ordinary circumstances issued until after the lapse of about 18
months from the date of application. The issue of the grant is
advertised in the newspapers.
Model. If the invention relates to firearms, surgical instru-
ments, or artificial building materials, a model or specimen
must be supplied ; also when necessary for the comprehension of
the invention.
Official Examination. The application is submitted to
an examination as regards the novelty, and also as to the merit
of the invention, by the Committee of Manufactures. The grant
of the patent, while it affords no proof that the applicant is the
true and first inventor, certifies that the invention has not been
previously patented in Russia.
Taxes. The patent is subject only to the fees on applica-
tion, the amount of which depends upon the term of years ap-
plied for. There are no subsequent taxes payable to maintain
the patent in force.
Conditions of Grant ; working. The invention must be
put into operation in the Empire within one quarter of the term
for which application for the patent is made, and this period is
computed from the day on which the petition is presented. A
certificate of working must be obtained and filed at the Ministry.
72 RUSSIA.
Importation and Marking of patented articles.
The law does not prohibit the importation of the patented
articles by the patentee, and imposes no obligation to mark the
patented articles as such.
Revocation of Patent. The patent may be revoked upon
failure to present within the prescribed time to the proper de-
partment a certificate that the invention has been worked, or
upon proof that the invention had been introduced or com-
pletely published in the Empire prior to the application ; or
that a Patent of Invention had been obtained under circum-
stances when only a Patent of Importation could be legally
granted ; or that the patent was fraudulently obtained ; or that
the specification is insufficient.
Assignments. All assignments, &c., must be recorded,
and certain legal formalities fulfilled. Patentees may not trans-
fer their rights to joint stock companies, without the special
permission of the Government.
Finland.
The Grand Principality of Finland has a population of about 200,000, and
the capital is Helsingfors. It has a semi-independent form of government. It
has nominally preserved its ancient constitution with a national parliament of
four estates, but is really governed by a Gevernor General and Senate appointed
by the Emperor of Eussia.
(Patent Law of 1876.)
Letters Patent for the Grand Principality of Finland are
granted by the Governor-General.
To whom granted. Patents are granted to the true
inventor.
For what granted. Patents are granted for new and
useful inventions and improvements in the arts and manufac-
tures. Patents are not granted for medicines nor for inventions
the use of which would be contrary to public morality or safety.
Novelty of Invention. The invention must not have
been completely published in Finland, nor introduced into use
there. In the case of inventions made elsewhere and already
patented in another country, the publication of the specification
of the foreign patent will not invalidate the Finnish patent.
Duration of Patent. Patents are granted for terms
varying from three to 12 years, at the option of the Government.
In fixing the term for which the patent shall be granted, regard
is had to the condition of that branch of industry in Finland to
which the invention relates, or to which it is most nearly allied.
The term for which the patent is originally granted cannot be
extended. In the case of inventions already patented in another
country, the duration of the Finnish patent is limited to that of
the previous foreign patent for the same invention. The
74 FINLAND.
duration of the patent is in all cases subject to the condition
hereafter mentioned as to working the invention (see Condi-
tions of Grant).
Date of Patent. The patent dates from the day of issue.
Extent of Grant. The patent extends to the Grand
Principality of Finland.
Procedure. The application must contain a full and com-
plete specification, describing the invention and the means of
carrying the same into effect, and distinguishing clearly the
particular features of novelty which constitute the invention or
improvement and accompanied by drawings and models (if
required), and a certified copy of the previous foreign patent (if
any), stating its"date"and the term for which it was granted. This
specification f [must be published, at the patentee's expense, in
two Finnish newspapers in the Finnish and Swedish languages.
Official Examination. An official examination is made as
to the novelty and utility of the invention before the patent is
granted.
Taxes. The patent^ is" subject to a tax of twenty Finnish
marks for each year of the term for which the patent is granted,
which must be paid up in full. In addition to these taxes there
are sundry petty^expenses connected with the registration of
the application and the issue of the patent.
Conditions of Grant ; working invention. The
patentee is required, at his^own expense, to publish the specifi-
cation of his invention'm extenso in two Finnish newspapers in
the Finnish and Swedish languages, within two months from
the date of issue of the patent. The patentee is generally
required to bring u the invention into practical operation in
Finland within two years. In some cases one year only is
allowed, and in others the'term'may, on special application, be
prolonged to four years.
In any case the paten tee" [must subsequently furnish proof
every year that the invention continues to be so worked in the
principality.
FINLAND. 75
Revocation of Patent.- The patent will be cancelled if
the patentee fails to publish his invention as above mentioned,
or to work it in Finland and furnish proof thereof within the
required time (see Conditions of Grant) ; or if it be proved that
the invention is of an unpatentable character, or that it was,
previous to the application for a patent in Finland, already in use
either in Finland or in any other country, or had been already
patented.
Norway,
Norway has few important manufactures. The timber and ship building trades
are the most important. There are numerous distilleries, and the iron foundries,
machine works, tobacco and lucifer match factories may be mentioned. The
trade is chiefly carried on with Great Britain and Germany. Norway comprises
an t>rea of about 123,000 square miles, with a population of nearly 2,000.000.
The monetary system is the same as that of Denmark. The system of weights
and measures used in France has been introduced. The following are also used :
Pund = l.llb avoir. Fod = 12.02 English inch. Kande = 3.3 imperial pint.
Mill = 7.01 English miles.
(Law of 1839, and Royal Resolutions of 1841, 1856, 1873,
and 1876.)
The only legal enactment relating to the granting of patents
in Norway is contained in 82 of the law relating to Handi-
crafts. Patents are granted by the King. By Royal Resolution of
the 26th August, 1876, a Committee was appointed to examine
into the existing patent regulations, and if necessary to draw up
a new law on the subject. The report of this Committee has
not however yet been published.
To whom granted. Patents are granted to any person,
whether the inventor or importer.
For what granted. Patents are granted for new inven-
tions in arts and manufactures.
Novelty of Invention. The invention must be new, that
is to say it must not have been published or practised in
Norway prior to the application for a patent.
Duration of Patent. The maximum term for which the
patent can granted is 10 years, subject to the conditions as to
working the invention hereafter mentioned (see Conditions of
Urant).
NORWAY. 77
Date of Patent. The patent dates and runs from the date
of issue, which may be from three months to one year sub-
sequent to the date of application.
Extent of Grant. The patent extends to the Kingdom of
Norway.
Procedure. The application is made by a petition addressed
to the Department of the Interior, and must be accompanied
by the prescribed fee and a full and complete specification in
the Norwegian language, together with drawings in duplicate,
in all cases where the nature of the invention requires them.
The application is first referred to experts, and then submitted
to His Majesty's decision. In case of refusal the official fee is
repayable.
Official Examination. A strict examination is made as
to the novelty and utility of the invention.
Taxes. The patent is not subject to the payment of any
taxes after the issue of the grant.
Conditions of Grant ; working invention. The
patent is usually granted subject to the condition that it shall
become void if the invention be not brought into practical use
in Norway within two years.
Importation and Marking of patented articles.
The law does not prohibit the importation by the patentee of
articles made in accordance with the patent, and does not
require patented articles to be marked as such.
Revocation of Patent. The patent is liable to annulment
upon proof that the invention was destitute of novelty when
the patent was applied for, and becomes void by neglect to
work the invention as prescribed (see Conditions of Grant).
Assignments. The law does not require assignments to-
be registered, but it is usual to do so.
Sweden.
The manufactures of Sweden are principally carried on in Stockholm (the
capital), G-othenburg, and Norrkping. In addition to metallurgy, the follow-
ing may be mentioned, viz., machine making, spinning and weaving cotton and
wool, paper making, lucifer matches, leather, glass, and porcelain. There are
also tobacco manufactories, sugar refineries, and beetroot sugar manufactories.
The population is about 4,500,000.
The monetary system is the same as in Norway and Denmark. The French
system of weights and measures is to come into force in 1889. The following
are now used, viz. :
Skalpund = '937 Ib. avoir.
Fot =11-7 English inches.
Karma = 46 Imperial pints.
Mil = 6-64 English mile*.
(Royal Ordinance dated August I9tk, 1856, as amended
by Decree of February 22nd, 1867.)
Patents are granted for the exclusive right of working and
using new inventions and improvements in manufactures and
arts for a limited term, to be fixed by the Chamber of Com-
merce.
To whom granted. Patents are granted to the actual
inventor, whether a native or foreigner.
For what granted. Patents are granted for new inven-
tions concerning objects of art and industry ; for improve-
ments in old inventions already patented, provided such im-
provements are not covered by patents previously granted, but
not for medicines or inventions contrary to law, public safety or
morality, nor for abstract principles, but only for their applica-
tion to an invention, the working or method of which must be
clearly described in the application.
SWEDEN. 79
Novelty of Invention. The invention must be new in
Sweden. In the case of inventions already patented abroad, the
publication of the specification of the foreign patent does not
prevent a patent being obtained in Sweden.
Duration of Patent. Patents are granted for not less
than three years or more than 15 years, the term depending on
the nature and importance of the invention, but in the case of
an invention already patented abroad, the term of the Swedish
patent cannot extend beyond the term for which the foreign
patent has been obtained.
Date of Patent. The patent dates and runs from the date
on which the grant is advertised by placard in the hall of the
Chamber of Commerce.
Extent of Grant. The patent extends to the Kingdom of
Sweden.
Procedure. The application is made by a petition to the
Royal Chamber of Commerce, stating the term for which the
patent is demanded and containing a fall description of the in-
vention with drawings, and accompanied by a declaration. The
application is examined by the Chamber of Commerce, which
fixes the time for which the patent is granted. The patent is
then issued and published by placards in the hall of the Cham-
ber of Commerce.
Official Examination. A formal examination is made as
to the clearness and sufficiency of the specification, but none as
to the novelty or utility of the invention.
Taxes. The patent is not subject to any taxes after the
first application.
Conditions of Grant ; working invention. The
whole patent and specification must be published three times
in the official newspaper at the applicant's expense, within
three months from the day on which the patent was advertised.
The invention must be brought into full practical operation
within the Kingdom within two years from the issue of the
patent, and proof thereof must be furnished to the Chamber of
80 SWEDEN.
Commerce. This period may, upon good cause being shown, be-
extended to four years at most, according to circumstances.
The patentee must, moreover, furnish proof annually throughout
the duration of the patent that the invention continues to be
worked within the Kingdom.
Revocation of Patent. Patents become null and void by
breach of the conditions as to working the invention, and are
liable to be declared void upon proof that the invention has
been previously patented or worked in Sweden by any other
party, or that the specification is insufficient, or that the
patentee is not the original inventor, or that the invention is
not susceptible of being patented.
Assignments Assignments and licenses must be regis-
tered at the Chamber of Commerce.
Infringements. Infringements are punishable by a fine
of from 100 to 200 kroner for a first offence, and from 200 to
400 kroner for a second offence (half of which goes to the-
patentee), besides damages.
Denmark.
The manufactures of Denmark are eomparatifely insignificant. There are
iron foundries, sugar refineries, tanneries, and distilleries. The manufacture of
paper is extensive.
The colonial possessions of Denmark (to which the Danish patent may on
application be extended) are Iceland, the Faroe Islands, and the \Vest Indian
Islands of St. Thomas, Santa Cruz, and St. Juan, which chiefly produce sugar.
The area of Denmark, including the Faroe Islands, is upwards of 15,000 square
miles with a population of upwards of 2,000,000.
The unit of the monetary system is the krona or crown = l/l|- ; 18 kroner --=1.
Th krona is divided into 100 ore. 100 Ibs. Danish = 110^ Ibs. avoir.
Inventions are protected by Royal Letters Patent, granted
through the Minister of the Interior, in accordance with rules
prescribed by the traditional practice of that department.
To whom granted. Patents are granted to any person
whether the inventor or merely the importer.
For what granted. Patents are granted for all inventions
which are novel in principle or practice, but not for medicines.
Novelty of Invention. The invention must be new, that
is to say, it must not have been published in a printed work,
nor used in Denmark prior to the application for the patent.
Duration of Patent Patents are usually granted for five
years. In rare cases the term may be ten or even 15 years, but
five years is the term for which patents are granted to foreign-
ers. The duration of the patent is subject, however, to the
condition hereafter mentioned as to working the invention
(see Conditions of Grant).
Date of Patent. The patent dates and runs from the date
of issue, which may be from three months to one year subse-
quent to the date of application.
G
82 DENMARK.
Extent of Grant. Patents ordinarily extend to the King-
dom of Denmark only, but on special applications made, they may
be extended so as to include the Danish possessions of Iceland,
the Faroe Islands, and the West Indian islands of St. Thomas,
Santa Cruz, and St. Juan, a special application being required
for each.
Procedure. The application is made by a petition, accom-
panied by a full and complete specification in the Danish
language, together with drawings in duplicate. The documents
are filed at the Ministry of the Interior, and are forwarded
thence to the technical advisers of the Crown, by whom a report
is made, stating whether the invention is new and deserving of
protection, and if so, for what term. The patent is then issued
or refused, according the nature of this report.
Official Examination. An examination is made as to the
novelty and* utility of the invention.
Taxes. The patent is not subject to the payment of any
taxes after the issue of the grant.
Conditions of Grant ; working invention. The
invention must be worked in Denmark within one year of the
date of the patent, and must continue to be so worked through-
out the term of the patent.
Importation and Marking of patented articles.
The law does not prohibit the importation into Denmark of
articles made in accordance with the patent, whether such
importation be carried on by the patentee or by any other-
person without his license or consent.
Revocation of Patent. The patent is liable to annulment
upon proof that the invention was destitute of novelty at the
time of making application, or that the patentee has failed to
work the invention as prescribed (see Conditions of Grant).
Assignments. The law does not require assignments and
licenses to be registered, but it is usual to do so.
Luxembourg*.
The Grand-Dchy of Luxembourg lies between Prussia, France and Belgium,
and has an area of 999 square miles. Iron ore is obtained in considerable quan-
tity. French it the official language. The population is about 206,000. The
King of the Netherlands is the Grand Duke.
The system of money, weights and measures is the same as that of France.
The town of Luxembourg is the capital.
{Patent Law of June 3Qth, 1880.)
Letters Patent for the Grand-Duchy of Luxembourg are
granted by the King of the Netherlands, Prince of Orange-
Nassau, Grand - Duke of Luxembourg, &c. Certificates of
Addition for improvements on inventions which are already
patented in the Grand-Duchy are also granted.
To whom granted. Patents are granted to the first
inventor, his heirs and assigns.
For what granted. Patents are granted for new inven-
tions capable of being practically applied in industry, but not
for inventions contrary to the laws or to morality, nor for
articles of food or beverages, nor for pharmaceutical products or
substances obtained by chemical means, except it be for a
specific process for the manufacture of the said articles or sub-
stances.
Novelty of Invention. The invention must not, prior
to the date of application, have been so clearly described in
printed publications, or be so notoriously used, either in the
Grand-Duchy or in one of the States of the German Commercial
League, as to enable others skilled in the art to put it in
practice.
G 2
84 LUXEMBOURG.
Duration of Patent. The duration of the patent is 15
years, subject to the conditions as to working (see Conditions of
Grant), and the payment of taxes (see Taxes), and to the con-
dition that a patent for the same invention be applied for
within three months, and duly obtained, in the States with
which the Grand-Duchy is associated by a commercial league,
and to the further condition that the life of the patent in the
Grand-Duchy is dependent on that of such foreign patent or
patents. The expiration by non-working of such foreign patent
does not however, entail the lapsing of the Luxembourg patent.
Date of Patent The patent dates and runs from the day
after application.
Extent of Grant. The patent extends to the Grand-Duchy
of Luxembourg.
Procedure. The application is made by a declaration,
accompanied by a specification in French or German, together
with drawings on a metrical scale, models or specimens (all in
duplicate), a power of attorney and a receipt for the first year's
tax. In case of rejection an appeal lies to the Council of State.
In case of contention the first applicant is entitled to the patent,
provided he be the inventor.
If the application be made by a foreigner, he must elect a
domicile in the Grand-Duchy, and appoint a representative, to
whom all communications will be made.
Official Examination. Thepatent is granted without pre-
liminary examination as to the novelty or utility of the inven-
tion.
Taxes. The patent is subject to the payment of an annual
and progressive tax, commencing at 10 francs, and increasing
10 francs per annum. Three months' grace is allowed for these
payments. Certificates of Addition are exempt from all taxes
after the first year.
Certificates of Addition. Certificates of Addition are
granted for improvements in an invention which is already
patented. They are annexed to, and expire with, the original
LUXEMBOURG. 85
patent, and are exempt from annual taxes. Certificates of
Addition obtained by one of the co-owners of a patent are avail-
able by all. The patentee may obtain an original patent for
improvements on his own invention in lieu of a Certificate of
Addition if he prefers.
Conditions of Grant ; working. The patent is subject
to the condition that the invention be brought into practical
operation in the Grand-Duchy to a suitable extent within three
years of the date of the patent, or at least that the necessary
steps be taken to ensure the working of the invention.
Importation and Marking of patented articles.
The law does not prohibit the importation by the patentee of
articles made in accordance with the patent, nor require
patented articles to be marked as such, A penalty is provided
for falsely marking or advertising, &c., articles as patented
when no valid patent has been obtained.
Revocation. The patent lapses by efflux of time; by non-
payment of the annual taxes within the prescribed period; by
failure to apply for a patent for the same invention in the
States with which the Grand-Duchy is associated by a com-
mercial league, within three months of the date of the patent
in the Grand-Duchy, or if upon due application made, such
other patent be either refused, or be granted and afterwards
revoked, annulled, or otherwise caused to expire, except upon
the ground of non-working. The Luxembourg patent is also
liable to be revoked upon the ground of non- working (see Con-
ditions of Grant)] or that the invention is not patentable; or
that it has been obtained from a third party without his consent;
or that the application is false and fraudulent, or the speci-
fication insufficient. An action for nullity may be instituted
by any person having an interest therein.
Compulsory Licenses. After three years from the date
of the patent it may be declared by Royal Grand-Ducal decree,
upon the advice of the Council of State, that the public interest
requires that the right of working the invention shall be con-
86 LUXEMBOURG.
ceded also to one or more other persons who have applied
therefor.
In such case the terms as regards payment, &c., to be made
to the patentee will, in the event of disagreement, be settled
judicially. By a similar decree the patent may be thrown open,
in which case the patentee would be entitled to an indemnity
from the State.
Infringements. The penalty for knowingly infringing is
a fine of from 100 francs to 2000 francs, besides damages, and
in the case of a second offence, imprisonment.
The Court may order the destruction or confiscation of the
counterfeit articles, and the apparatus which have been, or are
intended to be, used in producing them. The Patent does not
avail against any person who, at the time the application was
made, had already brought the invention into operation in the
Grand-Duchy, or taken the necessary steps to do so.
Turkey.
There are scarcely any lar^e m nufacfories exceut in Constantinople, and even
4here they are few. Tho cu'tivation of tobacco is very general, and in some
parts a considerable source of wealth. Accounts are generally kept in grush or
piastres, the value of which is about 2d. sterling. 100 piastres make a Turkish
lira or goLl mejidie (a little more than 18s.), and 500 make a "purse." The unit
of weight is the oke = 2 5-6th Ibs. avoir., and it is divided into 400 drem. The
cantar (44 okes) is used for large weights. Liquids are sold by weight ; the
principal dry measure is the kilo, wtiich varies in different districts. At
-Constantinople 100 kilos =127 imperial quarters. The usual linear measure is
the arshin, which ia equal to 28 inches.
(Patent Laiu of March 2nd, 1880.)
The law provides for the granting of Patents of Invention,
Patents of Improvement and Certificates of Addition.
To whom granted. Patents are granted to the author
or inventor, whether native or foreigner. The author of an
invention, already patented in another country, is likewise
entitled to obtain a patent in Turkey.
For what granted. Patents are granted for new indus-
.trial products and new means, or the new application of known
means of obtaining an industrial product or result, but not for
pharmaceutical compounds and medicines of all kinds. The
application must be limited to a single main subject, and its
-details.
Novelty of Invention. The invention must not, prior
to the date of application in Turkey, have received sufficient
publicity either in Turkey or elsewhere, to have been put into
actual use.
Duration of Patent. The maximum duration is 15 years
from the date of application, subject to the payment of an annual
.tax (see Taxes), and to the condition, in the case of an invention
88 TUIKEY.
already patented elsewhere, that the Turkish patent will expire
with that previously obtained in the foreign country, subject
also to the conditions hereafter mentioned as to working and
importing the invention (see Conditions of Grant).
Date of Patent. Patents bear date as of the day of
filing the application.
Extent of Grant. The patent extends to the whole of
the Ottoman Empire.
Procedure. The application must consist of a description
of the invention (in the Turkish language) and drawings (in
duplicate) with a power of attorney, a memorandum of the
documents, and a receipt for the first year's tax, and must be
lodged under seal at the Ministry of Commerce and Agriculture
. at Constantinople. In the case of inventions of arms, tools, or
apparatus of war, which may be used by the army and navy, the
inventors and their applications are directed at once to the
Grand Master of Artillery, and to the Imperial Admiralty. A
patent will be granted for any invention which is shown to be
useful and advantageous to the State after examination, and
will be bought in conformity with a contract Avith the inventor
and paid for in proportion to its usefulness by that department
of the army and navy Avhich it chiefly concerns.
Official Examination No official examination is made as
to the novelty or utility of the invention, except in the case of
inventions mentioned in the last paragraph.
Taxes. Patents are subject to the payment of an annual
tax of two Turkish pounds.
Patents of Improvement and Certificates of Addi-
tion. The inventor or his assignee has during the term of one
year from the date of the original patent, the exclusive right of
obtaining a Patent of Improvement for changes or additions to
the invention forming the subject of the original patent. But
any other person desirous of patenting improvements in an in-
vention already patented by another, may, during the said year,
lodge an application under seal. At the expiration of the year,
TURKEY. 89
the seal will be broken, and the patent issued. The original
patentee will however, have the right of precedence for any
Patent of Improvement or Addition, which he may himself have
applied for during the said year.
Patents of Addition are granted only to the original patentee
or his assignee during the whole duration of the original patent
for improvements intimately connected with the subject of the
original patent. Such patents are obtained in the same way
as original patents, and are annexed to, and expire with, the
original patent to which they relate. Patents of Addition are
not subject to the payment of any annual taxes.
Conditions of Grant- The invention must be brought
into practical operation in Turkey within two years from the
date of the patent, and such working must not be subsequently
discontinued for two consecutive years unless in either case
sufficient reason can be shown for failure to comply with this
condition.
Importation and Marking of patented articles.
The importation of the patented articles into Turkey is pro-
hibited under penalty of invalidating the patent, but a special
permit may be obtained for the introduction of models of
machines, and articles intended for public exhibitions or experi-
ments made with the consent of the Government.
Medals will be awarded to the authors of inventions useful
to the State, and the design of the medal is to be reproduced by
the patentee as a trade mark for the object invented. A
penalty of from 2 to 45 Turkish pounds is imposed for falsely
advertising articles as patented when no patent has been ob-
tained, or after the patent has expired.
Revocation of Patent. Patents are null and void if the
invention was not new at the time of application, or not of a
patentable character, or if it relates to theoretical principles,,,
methods, systems, discoveries and conceptions without indica-
tion of their industrial use, or if the title of the invention gives
a false or fraudulent indication of its real object, or if the sped-
'SO TURKEY.
fication is insufficient, or does not indicate completely and
faithfully the true means employed in the invention.
Patents are forfeited by failure to pay the annual tax in due
time, or by failure to work the invention within the prescribed
time, and to continue such working (unless in either case the
patentee can justify his inaction), or by the importation of the
patented articles from abroad.
Assignments. A patent may be assigned wholly or in
part. An assignment must be made by a notarial act, and has
no validity until registered at Constantinople. Assignees
benefit by Patents of Addition issued to the original patentee,
.and conversely.
Egypt.
o
There is no patent law in this country.
Holland
The patent laws were repealed some fifteen years ago, since
when no patents have been granted in Holland.
Greece.
The population of this kingdom is about 2,500 4 000, and the area about 34 700
square miles. The manufactures are exceedingly limited. Leather foims an
important industry, and ship-buildirg is carried on at various places. The minerals
exported ara lead, magnesite, and chromate of iron.
The monetary wnit is the drachm e ( = 1 franc), dmdd into 100 lepta. The
French, metric system of weight! and measures was introduced many years ago,
but th old system is still adhered to. In the latter the standard lineal measure
is the piko = 2? inches ; the standard square measure is the stremma, equal to abeut
<me third of an English acre ; the standard weight is the oke = 2 - 81bs. avoir.; 44
okes = l cantar, or about 1241bs. avoir.
There is no special law in Greece affecting inventions.
The practice of the country places all inventors on the same
GREECE. 91
footing as a person seeking a monopoly, and in either case a
special act is required to secure the individual in the possession of
the rights which he claims. A Bill for the purpose may be
introduced into the Chamber by any Deputy and is treated like
any other Bill, and if it passes it defines, according to the cir-
cumstances of the case, the limits both as to time and place,
within which exclusive privileges are accorded to the party
on whose behalf the motion is made.
Switzerland
In the Swiss Confederation there are as a general rule no
special laws for the encouragement and protection of inventors.
Consequently the practice of granting patents does not exist.
The only exception is to be found in the canton of Tessin where
the local government has the power to grant exclusive privileges
within its territory.
Japan.
A patent law was enacted some years ago in Japan, but it
has never been brought into operation.
China.
There is no patent law in China except that of the British
colony of Hong-kong, which see.
Argentine Republic.
This South American Republic comprises the Provinces of the Rio dela Plata,
Bueno Avres, being the most important. There are no manufactures of any
consequence, and the chief productions are wool, hides, cotton, rice, sugar, indigo
and tobacco. Wheat and maize are cultivated, and flax, cocoa, cochineal,
madder, and chinchona bark, are also produced. The population in 1880 wag
about 2,500,000 and the Republic coatains about 1,180,000 square miles. The
capital is Buenos Ayres.
(Patent Law of 1864.)
Article 17 of the Constitution confers on the originators of
new discoveries or inventions in any branch of industry the
exclusive right of working the same for a limited period, these
rights being established and defined by the granting of
patents as prescribed by the law of 1864, for which purpose a
patent office has been established. Patents are issued under the
authority of the Government, by the Commissioner of Patents.
Patents of Invention are granted for original inventions and
Certificates of Addition are granted for improvements on patented
inventions (see Certificates of Addition). Caveats may also
be entered and are renewable from year to year.
To wliom granted. Patents are granted to the inventor
or hi assignee including the foreign patentee provided he be
the inventor or his assignee.
For what granted. Patents are granted for new dis-
coveries or inventions, including all new products of industry,
new means, and the new application of known means, for obtain-
ing an industrial product or result. But not for pharmaceutical
compositions, financial schemes, abstract theories without applica-
tion to industrial use, or inventions contrary to law or morality^
ARGENTINE REPUBLIC 1 . 93
The patentees of inventions abroad can obtain the re-issue
or confirmation of their patents in the republic. The invention
must in all cases be limited to a single chief object with its
accessories and applications.
Novelty of Invention. The invention must not, previous
to application being made, have received sufficient publicity in
works, pamphlets, or periodicals, either in the country or abroad,
to enable it to be put into practice.
Duration of Patent. Patents are granted for five, ten, or
15 years, according to the merit of the invention and the wish
of the applicant. In the case of inventions previously patented
abroad the duration is limited to ten years, and in no case can
it exceed the term of the original patent, with which it lapses.
The duration of the patent is conditional upon the payment of
the annual taxes mentioned below (see Taxes), and is subject
also to the conditions as to working the invention in the
Republic (see Conditions of Grant).
Procedure. The application is made by a petition, ad-
dressed to the Oommissioner of Patents, and duly stamped,
accompanied by a specification in Spanish, drawings (all
in duplicate), a power of attorney, duly stamped, and a
memorandum of the documents, together with the prescribed
fee on application, and a model or a sample in the case of a
composition. All alterations in the description must be marked
and initialed by the applicant.
All documents must be in the form adopted for public docu-
ments, with a left hand margin of one third the width of the
sheet. If the applicant be the assignee of the inventor, a duly
legalized assignment must accompany the application. Draw-
ings must be made on a metrical scale ; they should generally
be in perspective, and as small and clear as possible (one copy
on cloth-mounted drawing paper and one on tracing cloth), and
must have a margin on the right of at least one inch.
Model. The model should be in working order, must be
durable, neatly made, and as small as possible. If made of
94 ARGENTINE REPUBLIC.
wood it must be painted or varnished. The sample of a com-
position must be sufficient for analysis and for preservation in*
the office.
The patent may be refused for non-compliance with the
provisions of the law, in which case half the fee paid on appli-
cation is forfeited.
Official Examination. The application is referred to
sub-commissioners to examine as to the novelty and patentabi-
lity of the invention, the Commissioner granting or refusing the
patent according to the result of this examination.
In case of refusal an appeal lies within ten days to the Home
Minister, by whom, after investigation, the refusal is confirmed
or annulled. In the former case the whole sum deposited i&
forfeited.
A stamp duty of 25 silver or Spanish dollars or piastres is
payable on the letters patent if granted, and on the issue of the
patent the patentee and an approved surety are bound to accept
bills, each drawn on a 12 cents stamp, as collateral security for
the payment of the annual taxes when they become due.
Taxes. The Government fees are 80, 200, or 350 piastres
(pesos fuertes) according to the term of the patent (besides
sundry petty stamp duties). The fees on patents for foreign
inventions are on the same scale, and are proportionate to the
term granted.
These taxes are payable one half at the time of application
and the remainder by yearly instalments, the payment of which
must be guaranteed by a bond under the hand and seal of the
applicant and one surety.
Certificates of Addition. Improvements on patented
inventions, may be protected by Certificates of Addition limited
to the residue of the original patent, provided it does not ex-
ceed 10 years, except when half that period has expired, or when
the improvement lessens by half at least, the cost, time, risk or
danger of production, in which and other similar cases, the
ARGENTINE REPUBLIC. 95
Commissioner may fix the term for which the certificate may be-
granted. Such certificates are granted to the original patentee
and also to other persons, and are subject to the same formali-
ties except that the original patentee pays only one fourth, and
other persons one half, of the fees on an original patent. Cer-
tificates of Addition granted to other parties do not confer the
right to use the original patent except on payment to the
original patentee of a premium to be fixed by the Commissioner -.
or the original patentee may have the option of working the
the improvement, jointly with the improver by obtaining a
Certificate of Addition on the same terms as the latter.
Conditions of Grant ; working. The invention must
be worked by being brought into operation in the the Republic
within two years from the date of issue of the patent and the
working must not be subsequently interrupted for two consec-
utive years except by circumstances beyond the patentee's con-
trol or by accident duly certified by the office.
Revocation of Patent. Patents are void (a) if the in-
vention is not of a patentable character ; (6) if obtained under a
fraudulent title not corresponding to the invention ; (c) if the
specification or drawings are incorrect or incomplete ; (d) if in
the case of a Certificate of Addition it refers to a patent not
actually obtained ; (e) or if in the case of a foreign invention the
foreign patent has expired; (/) or if the invention was already
in operation in the Republic at the date of the patent ; (g) if
the invention be not put in operation as prescribed (see
Working).
No special decree is in any case necessary to annul the
patent.
Assignments. Assignments can only be made by a no-
tarial act after paying up the taxes in full for the whole term
of the patent. All assignments must be registered at the Patent
Office.
Infringements. Infringements are punishable by a fine
of from 50 to 500 piastres, or by imprisonment and forfeiture
06 ARGENTINE REPUBLIC.
of the counterfeit articles, without prejudice to any indemnity
for losses and damages. Selling, exhibiting, or importing the
counterfeit articles are subject to the same penalties. In
case of a second offence within five years the penalty is
doubled.
Brazil.
Brazil is the most exteniire Stateof South America. Its chief towns are Rio
d Janeiro (the capital), Bahia, and Rcife. It ha? an area of about 3,288,000 square
miles, and is divided into 21 provinces. The mineral wealth is considerable,
including gold, silver, platinum, iron, and all kinds of precious stones, as well a
coal. The chief articles of export are coffee, sugar, india-rubber, raw cotton,
hides, tobacco, Paraguay tea, gold and diamonds. The bulk of the exports are
sent from Rio de Janeiro, the next ports in importance in this respect being Sad
Paulo, Bahia, Para and Pernambuco. Except for very small transactions,
accounts are usually kept in milreis or 1,000 reis (about 2a. 3d.). The French
metric system was adopted in 1862, but the old weights and measures are still
used to a certain extent. The population at the census of 1872 (omitting
Indians) was 10,168,291.
(Patent law of October 14>th, 1882.)
The law guarantees the exclusive use of any invention or
discovery by the concession of a Patent of Invention. Certifi-
cates of Improvement are also granted for additions to or
improvements on the original patent (see Certificates of
Addition).
To whom granted- In the case of inventions already
patented in other countries, the inventor may obtain confirma-
tion of his rights in Brazil, such confirmation conferring the
same rights as a patent conceded in the Empire. But the
petition for such confirmation must be made in Brazil within
seven months from the date of the application for a patent
elsewhere, in which case the inventor's right of priority will not
be invalidated by the publication of his invention, or its use or
employment, or by another petition. Patents granted in joint
names can be used freely by the co-patentees.
For what granted. Patents are granted for new indus-
trial products ; new processes or the new application of known
a
JIN BRAZIL.
processes for obtaining an industrial product or result ; the
improvement of a patented invention if it facilitates the
manufacture of the product or the use of the patented invention,
or if it increases its utility. But not for inventions contrary
to law or morality, or of a dangerous or noxious character, or
which do not afford a practical industrial result.
Novelty of Invention. Except in the case of inventions
already patented elsewhere, the invention is considered new, if it
has not, prior to the application for a patent, been employed or
used either within or without the Empire, or described in any
publication (see To 'whom granted).
Duration of Patent. The maximum duration of a Patent
of Invention is fifteen years, but limited in the case of inventions
previously patented abroad to the life of the foreign patent, and
subject to the payment af an annual tax (see Tuxes) and to-
the conditions as to working the invention hereafter mentioned
(pee Conditions of Grant).
Certificates of Addition expire with the original patent to
which they are annexed, and are exempt from taxes.
Date of Patent. The duration of the patent is computed
from the date of the grant.
Fxtent of Grant- The patent extends to the Empire of
Brazil.
Procedure. The application must be limited to one single
invention, and is made by a petition accompanied by a speci-
fication in the Portuguese language and drawings in triplicate,
to be deposited under seal in the department which the
Government shall designate.
Official Examination No official examination is made
as to the novelty or utility of the invention, but when the
invention appears to be of an unpatentable character, or to relate
to alimentary, chemical or pharmaceutical products, a secret
examination of the application will be made, upon the result of
which will depend whether a patent shall or shall not be granted.
BRAZIL. 99
An appeal lies to the Council of State in case of an adverse
decision.
Taxes. Patents of Invention are subject to an annual and
progressive tax, commencing at twenty dollars for the first year,
and increasing at the rate of ten dollars per annum.
Certificates of Addition. During the first year of a
patent the inventor (and his legal successors) has the exclusive
light to obtain a patent for improvements of his own invention.
Other persons may, however, present their petitions during that
period so as to establish their rights. Such Certificates of
addition are exempt from taxes; they are appended to the
original patent and expire with it.
Conditions of Grant; working invention. The
invention must be brought into effective use in the Empire
within three years from the date of the patent and such use
must not subsequently be suspended for more than one year at
a time, except from causes beyond the patentee's control, to be
judged sufficient by the Government. By use is meant the
effective exercise of the invention and the supply of the products
in proportion to their employment or consumption.
Marking patented articles. Penalties are provided for
fraudulently marking goods as patented, for continuing to
exercise an industry as patented after the patent has expired or
been annulled, and for advertising patents without designating
the special object for which they were obtained.
Revocation of Patent. Patents may be cancelled if it
shall be proved (a) that the invention is of an unpatentable
character ; (6) that the patentee is not the true and first inventor;
(c) that the patentee concealed some essential feature of the
invention; or (d) that the title falsely indicates the object of the
invention. The patent will lapse by neglect to comply with the
conditions as to working the invention in Brazil (see Conditions
of Grant), or by failure to pay the annual taxes (see Taxes), and
(if the patentee resides abroad) by omission to appoint an accred-
ited agent to represent him before the Government and Courts.
H 2
1 00 BRAZIL.
Assignments. No assignment has any effect until it is
registered in the Bureau of Agriculture, Commerce, and Pub-
lic Works.
Infringements. The manufacture of the patented products,
or the use of the patented processes, without license, or the im-
portation, sale, exposure for sale, or reception for the purpose of
sale, of the counterfeit products, knowing them to be such, are
considered infringements, and such infringements are punish-
able by fine of from $500 to $5,000 to the Government, and
from 10% to 50% of the damage caused to the patentee.
Chili.
This is a republic in South America. It is diyieUd into 19 proyinces, with an
area of about 182,790 square miles. The mineral productions are of great
importance, consisting of gold, silver, copper, coal, lead, and iron. The eiporU
are metali, flour, hides, wheat, &c. The population in 1882 was 2,234,000.
(Patent laws of 1840 and 1872.)
Article 152 of the Chilian Constitution, dated May, 1833,
accords to every author or inventor the exclusive right to his
discovery or invention for a limited time. This is defined by
the law of 1840, which (amended by the law of 1872) now
rogulates the granting of patents.
To whom granted. Patents are granted to the actual
author or inventor.
For what granted. Patents are granted for new inven-
tions or improvements in an art, manufacture, machine, in-
strument, or preparation of materials. But not for the mere
introduction into Chili of foreign arts and industries.
Novelty of Invention. The invention must be original
and unknown in the country.
Duration of Patent. The duration of the patent is deter-
mined by the President of the Republic, and cannot exceed ten
years. The term of the patent is computed from the expiration
of the term allotted for working the invention (see Conditions
of Grant).
The term of the patent may be extended, upon application,
made six months before the expiration of the original term, but
only when owing to accident or unforseen circumstances, the
patentee is judged deserving of it.
102 CHILI.
Extent of Grant. Patents may be conceded for the whole
Republic or for one or mors provinces.
Procedure. The application, containing a faithful, clear,
and succinct description of the invention in the Spanish
language, accompanied by a declaration that it is original and
unknown in the country, and by samples, drawings, or models
must be laid before the Home Minister who refers it to ex-
perts on whose report the Minister grants or withholds the
patent. The application is advertised and may be opposed.
The patent is issued under the signature of the President and
the seal of the Republic upon payment of $50 into the Treasury
and proof of deposit in the National Museum of the drawings
or model of the invention, together with a full and specific
description of the invention, distinguishing the new from the
old parts, which is signed by the Commissioners and is preserved
closed under the private seal of the inventor, until the expira-
tion of the patent. In case of fraud, or of rival applications, or
of non-working of the invention, the seal may be broken.
Official Examination. An examination is made by a
commission of experts as to the novelty and utility of the
invention and its probable effect on industry or commerce, and
as to the difficulties and expenses incurred by the applicant, in
order to. regulate the terms to be fixed for putting the invention
into practice, and for the duration of the patent.
Taxes. The patent is not subject to any taxes beyond
those on the first application.
Conditions of Grant ; working- invention. A pro-
portionate term, exclusive of the period allotted for the patent,
is fixed for the establishment of the machinery, &c., for working
the invention. The patent begins to run from the expiration of
this term. If the invention has not been brought into practical
operation within the prescribed term, or if it subsequently
ceases to be worked for more than one year at a time, or if the
products become inferior to the original sample, the patent is
annulled.
CHILI. 10 J
Assignments. Patents may be assigned, provided the
Home Minister be previously notified thereof, and of the reasons
therefor. If the latter are found good the assignment is
registered.
Infringements. Infringers are liable to a fine of $100 to
$1,000 and to the forfeiture of the counterfeit articles and of
the machinery and tools used in their manufacture, the proceeds
being divisible between the Treasury and the patentee. Any
person not being the true inventor, obtaining a patent under
false pretences is liable to a similar fine and to from three to
twelve months imprisonment.
United States of Colombia
This is a federal republic comprising the following States: Antioquia, Bolivar,
Boyaca, Cauca, Cundinamarca, Magdalena, Panama, Santander and Tolima, and
is situated in the north-western part of South America, and the Isthmus of
Panama.having a total area of about 320,000 square miles. The population in 1876
was 3,000,000.
Tobacco, coffee, cocoa, and chinchona bark are the only vegetable exports of
any importance. The mineral wealth of the country is considerable, gold and
silver mines being the most important. There are no manufactures worth
mentioning.
The capital is Bogota.
(Patent Law of 1869.)
Patents of Invention are granted by the National Executive
power of the Union for the exclusive right to make use or sell
new inventions or discoveries.
To whom granted. Patents are granted to the inventor
including the patentee of a foreign invention
For what granted. Patents are granted for any inven-
tion or improvement in a machine, mechanical apparatus,
combination of materials, method or process, susceptible of
useful application to industry, arts, or sciences, and for the
making and sale of any manufacture or industrial product; but
not for the importation of foreign products or manufactures, nor
for inventions which endanger the public health or security.
Inventions patented abroad, may also be patented in Colombia*
provided they have not been brought into public use in Colombia.
Novelty of Invention. The invention must be new in
Colombia.
Duration of Patent. The duration of the patent is from
5 to 20 years, at the option of the applicant, subject to the-
UNITED STATES OF COLOMBIA.
condition as to working the invention hereafter mentioned (see-
Gonditions of Grant), and subject to the condition that the
Colombian patent shall expire with the prior foreign patent (if
any) for the same invention.
Date of Patent. The patent dates from the day of issue.
Extent of Grant. Patents extend to the whole of the
United States of Colombia.
Procedure. Patents are obtained on petition to the execu-
tive power, setting forth the nature of the invention, and
stating the number of years applied for, and accompanied by a
full and complete description of the invention, with drawings
and a sample or model if necessary. The executive decree
granting the patent is published twice in the Official Gazette.
Patents may be refused if the provisions of the law have not
been complied with, or if the invention encroaches on existing
rights.
Official Examination. No examination is made as to the
novelty or utility of the invention.
Taxes. The application must be accompanied by a fee of
10 dollars, and if the patent be granted the whole of the fees
must be paid up in advance for the full term of the patent, at
the rate of from 5 to 10 dollars per annum, the application
fee being reckoned as part payment.
Conditions of Grant; working invention. The
patent lapses if the invention be not brought into practical
operation or use within a whole year, unless the patentee can
justify his inaction.
Revocation of Patent. A patent is void when it
violates vested rights, and anyone whose rights may have been
encroached upon by the patent may appeal to the Courts for its
revocation.
Infringements. An injunction may be obtained for the
infringement of a patent, the offender being dealt with in con-
formity with the penal laws of the Union.
Costa Rica.
This is the soithernmost of the Central American republics, containing an are*
of about 26,040 square miles, and a popula'ion estimatad at 200,OJO.
The commerce is principally with Great Britain, and coffee is by far the large.-!
export. Sugar, maize, cocoa, eareaparilla &c. are also ei ported. The Constitution
dating from 1871 vests the legislative authority in a Congress of one Chamber,
chosen in electoral assemblies, the members of which are returned by universal
Huffrage. The Executive is in the hands of a President assisted by two vice-presi-
dents.
The capital is San Jose.
Article 20 of the Constitution states that it appertains to
Congress to promote the progress of arts and sciences, and to
secure for a limited time to inventors the exclusive right of
their discoveries. Applications for Patents of Invention must
therefore be made to the Constitutional Congress.
Ecuador.
This is a republic situate between Colombia and Peru. There are practically
no manufactures carried OM in Ecuador ith the exception of Panama hats and
other articles made from palm straw. The chief exports are cocoa, cascarilla,
vegetable ivory, caoutchouc, straw lifcts, coffee, hides &c.; gold, silver, lead, quick-
silver, and sulphur, are obtained. The metric system of weights and measures
prevail?. The population in 1878 was about 1,150.000, Ti.e capital is Quito.
The chief coin is the peso or piastre about equal to 4s.
Patents are granted in this Republic for terms varying from
five to 20 years at the option of the applicant, for inven-
tions which have not already been patented elsewhere. Patents
for foreign inventions already patented elsewhere expire with
the previous foreign patent. No official examination is made
as to the novelty or utility of the invention.
Guatemala.
This is the northernmost of therepublican States of Central America and has an
area of 40,776 square miles aud a population of 1,500,000.
The most important export is coffee and next in importance, although of con-
siderably less value, are cochineal, hides, and sugar.
The capital is New Guatemala.
(Patent Law of 1864.)
Patents of Invention and Patents of Importation are granted
by the President under the seal of the Republic and confer the
exclusive proprietorship of new inventions.
To whom granted. Patents are granted to the actual
inventor or importer of a new invention.
For what granted. Patents are granted for any new
invention in, or improvement of, any art, manufacture, machine,
instrument or preparation of material.
Novelty of Invention. The invention must be new in
the Republic.
Duration of Patent. The duration of patents for original
inventions cannot exceed ten years, and of patents for the in-
troduction of arts, industries or machines which are known in
other countries but are new in the Republic, eight years and
under, according to their utility, &c. Prolongations may be
obtained in very exceptional cases and must be applied for at
least six months before the expiration of the original term.
Date of Patent. The date from which the duration of the
patent is computed, is the expiration of the term allotted for
working the invention. (See Conditions of Grant.)
Extent of Grant. The patent may extend either to the
whole Republic, or to one, two, or more Departments.
108 GUATEMALA.
Procedure. The application's made by lodging a petition
and affidavit accompanied by a description of the invention in
Spanish, together with drawings, and a receipt for the payment
of 50 dollars.
Conditions of Grant ; working invention. A pro-
portionate time is fixed within which the invention must be
brought into practical operation in the Republic, from the
expiration of which term the patent dates and runs. If the
invention be not worked within the time allotted, or if it cease
to be so worked for more than a year at any subsequent time,
the patent will be forfeited.
Revocation of Patent. The patent is forfeited by failure
to work the invention within the prescribed time, or if the
products are adulterated or inferior to the original samples.
Assignments- Assignments must be registered and the
reasons for making the same must be given.
Infringements. Infringers and fraudulent patentees are
punishable by a fine and imprisonment.
Hayti.
The republic of Hayti is the vreitern or French portion of the Island of Sam
Domingo, which after Cuba is the largest of the West India Islandi. Coffee is
the chief object of < ultivation, and the chief exports are coffee, cocoa, mahogany,
andlogwooci. It is the constant scene of revolutions and the finances ofth
State are consequently in utter disorder. Capital Port-au-Prince.
This Republic has no law or practice on the subject of Patents
for Inventions.
Hawaiian Islands.
These islands are in the North Pacific Ocean, and form the Kingdom of
Hawaii. Totnl area about 7,628 square miles. Population, about 72,000. Th
capital is Honolulu. The exports are mainly sugar, coffee, rice, pulse, hides, &c.
and the soil is very fertile.
The Minister of the Interior, with the approval of his Majesty
the King, may 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 manufactures, and may
therein grant to such inventor or improver for any term of years
110 HAWAII.
not exceeding ten, that may be specified in such patent, and
upon the granting of such patent, the sum of 100 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 invention or improvement, and of
the mode of using the same, or applying it to the purpose for
which it is intended, and of 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 30 dollars, and if
a foreigner the sum of 100 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 the Interior
a caveat setting forth the design and purpose thereof, its dis-
tinguishing characteristics, and praying protection of his right
until he shall have matured the same.
Liberia.
Tliis is a republic of Western Africa. The chief exports are coffee, sugar r
ginger, palm oil, indigo, irory &c., The chief town is Monrovia.
(Law of 1864.)
To whom granted. Patents are granted to the original
arid first discoverer of a new invention or to his assignee.
For what granted. Patents are granted for any new and
useful improvement of any art, machine, manufacture, process,
or composition of matter, or any new and useful application of
any known substance or machine or composition of matter or
any new and useful application of any known article of manu-
facture, device, or apparatus, to any art, manufacture, machine,
process or composition of matter.
Novelty of Invention. The invention must not have
been known by others within the limits of the Republic prior to
the application for patent.
Duration of Patent The duration of the patent is
fifteen years.
Procedure. The application is made by a specification and
drawings, accompanied by an oath that the applicant is the
original and first inventor or his legal assignee, and by a certifi-
cate to the same effect under the hand of a notary public or the
mayor or governor of the city or state in which the applicant
resides together with a tax of 25 dollars in the case of a citizen
of the Republic, or 50 dollars in the case of a foreigner.
Conditions of Grant ; working invention. The
invention must be brought into practical operation within the
Republic within three years from the date of the patent and any
refusal or neglect of the patentee to comply with this condition
will be deemed an abandonment of the patent to the public.
Assignments. Patents maybe assigned and all such assign-
ments must be registered.
Mexico,
This is a federal republic at the south of the United States between the Pncifit
Ocean and the Gulf of Mexico. It comprises 27 Slates besides the federal district
wherein is situated the capital and the territory of Lower California, the whol
having an area of 741,820 square miles. Population 9,686,777. The mineral*
are of the first importance, tho precious metnb ranking first. The growing of
sugar, coffee, tobacco, &c. has of late years assumed large proportions. Cotton is
indigenous to Mexico. Silver is the chief export, after which come copper ores,
cochineal, indigo, flour, hides, &c. The capital is the City of Mexico.
The unit of currency is the dollar about equal to 4/-. The weights generally
employed ara the old ones of Spain.
(Patent law of 1832.)
The President of the United States of Mexico is authorised
to grant Letters Patent for the exclusive right to use inventions
or improvements in any branch of industry in all the States of
the Confederation. The authorities of each of the confederated
States are also empowered to grant patents limited to their
particular States.
To whom granted. Patents are granted to the inventor
or improver, whether native or foreigner.
For what granted. Patents are granted for inventions
or improvements in any branch of industry.
Novelty of Invention. The invention must be new
within the Mexican Republic. Mere importations are not re-
garded as inventions, although if the General Congress are of
opinion that any branch of industry is of great importance, the
importer may, under certain circumstances, obtain an exclusive
privilege by making application through the Government to
the said Congress.
Duration of Patent. Patents for inventions are granted
MEXICO. 113
for ten years, aiid Patents for improvements for six years from
the date of issue of the Patent. The latter correspond to
Certificates of Addition in France and other European states.
Prolongations may be applied for.
Date of Patent. The Patent dates and runs from the day
of issue.
Extent of Grant. The Patent extends to the whole of
the United States of Mexico. Patents limited to any one par-
ticular State may also be obtained, the Patent being granted by
the authorities of the particular State.
Procedure. The applicant must deliver to the Government,
or to the Governor of the State or Territory in which is situated
the place where the manufacture is to be carried on, a specifi-
cation, in the Spanish language, particularly describing the
invention, accompanied by drawings, all signed by the applicant,
together with models, if such are necessary to fully explain the
invention, whereupon a certificate is issued. If the application
is not made directly to the Government of the State, the local
authorities forward the application, with all the documents, to
the Governor, who, after making an entry, transmits them to
the Minister of the Interior. The application is then adver-
tised three times, and opportunity offered for the entry of
oppositions. If no opposition be entered, a Patent is then de-
livered to the applicant.
If opposition be entered, the Directing Committee of Industry
will hear the parties, and call in experts, and bring about an agree-
ment between the parties if possible, whereupon the Committee
will draw up an act embodying the agreement ; otherwise the
committee will send the papers in the case to the Government,
with its opinion thereon. If the opposition is founded on the
alleged possession of a prior Patent for the same invention, the
Government will examine the opposition, and grant or refuse a
Patent to the second applicant, without prejudice to the en-
forcement of the rights of the first patentee before the courts.
Official Examination. No official examination as to the
utility of the invention is made. I
Nicaragua.
This is s republic and the largest stake of Central America with a seaboard on
both the Atlantic and Pacific Oceans, containing an area of 58,170 square miles
with a population of about 300,000. Managua is the capital but the most im-
portant town is Leon on the Pacific coast. Next in size is Granada, a town cele-
brated for the manufacture of gold wire chaius.
By the resolutions of the Spanish Cortes, which have been
declared in force in this Republic, the inventor, improver or
introducer of an invention, is entitled, on application to the
proper authority describing the invention, to receive a certifi-
cate granting the exclusive right to the invention for 10 years
in the case of an inventor, seven years in the case of an im-
prover, and five years in the case of an introducer. These
terms may be extended by the sovereign power to 15, 10, and
7 years respectively.
The invention must not have been dedicated to the public,
and must be brought into practical operation within two years.
The Constitution has, however, given Congress arbitrary power
to grant rewards and privileges to inventors, and in practice the
rules of the decrees cited above are not followed, but applica-
tion is made to Congress; which concedes or withholds a Patent,
as it sees fit.
Salvador.
This ii the smallest but most thickly populated of all the South American
republics. It extends along th Pacific Coast, and contains an area of about
7,335 square mil's, with a population of 554,000. The principal products arc
indigo, coffee, tobacco, sugar and rice. The balsam of Peru is also an important
product. There are rich silver mines, and iron ore are also found. The capital
is Stn Salvador.
The Constitution gives power to the Executive to award and
concede exclusive privileges to the authors of useful inventions,
but the granting of such privileges is not regulated by any
special law. In the few cases which have occurred, the Execu-
tive in the exercise of its prerogative has followed the practice
of other civilized governments.
Uruguay.
This is a republic on the east of South America, having an area of about
,030square railei, and a population of upwards of 450,000. The principal
imports are hardware, agricultural implements, timber, woollen goods, and
-cotton, and the exports hides, horn, hair, tallow, and wool.
(Patent Law of 1853, and decree O/1876.)
The executive power is authorized to grant Patents of ex-
clusive privilege in respect of inventions, improvements, or
importations of inventions, without guaranteeing the utility or
novelty of the invention or improvement.
To whom granted. Patents are granted to the inventor
improver, or importer.
I 2 .
116 URUGUAY.
Duration of Patent. The duration of Patents of Inven-
tion is ten years, Patents of Importation eight years, and Patents
of Improvement six years. The duration of the Patent i
however, subject to the conditions hereafter mentioned, as to
working the invention. (See Conditions of Grant.) In case
of force majeure, or unforeseen circumstances, the Executive
Power may, on application made at least six. months before the
expiration of the original term, grant a prolongation, not ex-
ceeding one third of the term of the Patent.
Novelty of Invention. The invention must be new in
the Republic.
Procedure. The applicant must present a petition, ac-
companied by a clear and succinct description of the invention
in the Spanish language, together with samples and drawings,
or models, according to the nature of the invention, and an
affidavit that he is the proprietor thereof. If the application is
allowed, the applicant must, within ten days of such allowance,
produce a receipt for the sum of one hundred gold dollars, paid
into the General Treasury, as a contribution to the National
Museum, wherein are deposited the samples, drawings, or models,
and the papers relating to the application. The model must be
made of durable materials, well finished, and worthy of a place
in the National Museum.
Official Examination. No examination is made as to
the novelty or utility of the invention, but the executive power
makes a formal examination of the documents to ascertain that
they comply with the requirements of the law.
Conditions of Grant ; working invention. The Exe-
cutive Power fixes a time within which the invention must be
brought into practical operation in the Republic. The patentee
must report in writing to the Minister of Finance when the
invention has been established in the Republic, and if this is
done within the prescribed time, the Patent will be confirmed.
Neglect to comply with this condition will render the Patent
liable to revocation, and if, after public notification, the inven-
URUGUAY. 117
tion is not so worked within one month's grace beyond the term
fixed, the Patent will be absolutely cancelled.
Revocation. Any Patent obtained by false representation
in respect of an invention that is already in public use in the
Republic will be immediately cancelled, and the fraudulent
patentee will be condemned in costs and a fine of 100 dollars or
imprisonment for six months, The Patent is liable to be re-
voked by reason of the patentee's neglect to work the invention
within the prescribed time (see Conditions of Grant}, and the
revocation will be publicly notified.
Assignments. Written notice of assignments must be
given to tne Minister of Finance and the assignment must be
entered on the register.
Infringements. If the courts declare that the rights of the
patentee have been infringed, the infringer will be liable for
-damages, and will be fined 500 dollars or imprisoned for three
months.
Venezuela.
This is a Federal Republic, situate in South America, and comprising several;
States and Territories and the district of Caracas, the total area being about
439,200 square miles. The population in 1873 ws 1,784,000. The chief
exports are coffee, cocoa, sugar, cotton, tobacco, indigo, hides, djeiroods, gold, &c.
The monetary unit is the venezolano, about equal to 4s., and divided into 100
centavas. The French metrical sjstem of weights and measures has been adopted.
The capital is Caracas
(Patent Laiv of 1878.)
The Government grants Patents for Inventions for terms
varying from 5 to 15 years at the option of the applicant.
To whom granted. Patents are granted to the inventor }
including the patentee of an invention abroad.
For what granted. Patents are granted for new indus-
trial productions, and new methods or the new application of
existing methods to obtain a new or improved result, but not
for medicines or financial schemes ; nor for inventions contrary
to public morality or security. The Patent must be limited
to one principal object, with such details of the applications of
the invention as may be necessary. A foreign inventor, who
has obtained a Patent abroad, may likewise obtain one in
Venezuela, but its duration cannot exceed the term for which
the foreign Patent has been granted.
Novelty of Invention. The invention is not deemed
new if it has been published either in Venezuela or abroad in
such manner as to admit of its practical execution.
Duration of Patent. Patents are granted for 5, 10, or 15
years, subject to the conditions hereafter mentioned as to the
payment of taxes (see Taxes), and as to working the invention
VENEZUELA. 119
(see Conditions of Grant), and subject also to the continuance of
the prior foreign Patent (if any) for the same invention.
Date of Patent. Patents date and run from the day of
a cation.
Extent of Grant. Patents extend to the whole Republic
of Venezuela.
Procedure. The application is made by a petition to the
Minister of the Interior, stating the term of years for which the
Patent is desired, accompanied by a full and complete specifica-
tion in Spanish, drawings to a metrical scale (all in duplicate), a
memorandum of the documents filed, and a Treasury receipt for
the first year's tax. There must be no alterations or erasures,
and any words struck out must be initialled and noted.
The documents may be signed by the applicant's representa-
tive under a power of attorney to be annexed to the application.
Any weights and measures mentioned in the specification must
be those of the Republic.
Official Examination. A formal examination of the
documents is made, but none is made as to the novelty or utility
of the invention. In case the application be rejected as informal
it may be amended within three months.
Taxes. Patents are subject to an annual tax of four venezo-
laiios (16s.).
Conditions of Grant ; working invention ; im-
portation of patefltfed articles. The invention must be
brought into practical operation in Venezuela within two years
from the date of the Patent, and such working must not subse-
quently be discontinued for two consecutive years, unless, in
either case, the patentee can justify his inaction. The importa-
tion from abroad of articles manufactured in accordance with the
Patent is prohibited.
Marking patented articles. Penalties of from 2 to
20 are provided for falsely marking articles "patented," or after
a Patent has expired, or for using the word "patented " without
adding the words " without guarantee of the government."
120 VENEZUELA.
Revocation of Patent. The Patent is void (a) if the in-
vention was not new ; (6) or not patentable ; (c) or relates only
to theoretical principles, &c., of which no practical application
is specified ; (d) or contrary to public order or morality ; (e) or if
it falsely indicates the object of the invention ; (/) or if the speci-
fication is insufficient. The Patent is cancelled (a) for non-pay-
ment of the annual taxes within the prescribed time (see Taxes)
(b) for omission to work the invention (see Conditions of Grant)
and (c) for importing articles manufactured in accordance with
the Patent from abroad. Any person interested may apply to
the courts to cancel the Patent.
Assignments. Patents may be assigned wholly or in part
but only by due form of law and after the payment in full of
the annual taxes for the whole term of the Patent. The assign-
ment must be registered and advertised in the Gazette.
Infringements. Infringements are deemed forgeries, and
are punishable by fine of from 5 to 30, besides damages and
the confiscation of the counterfeit articles and of the plant &c.,
used in their manufacture, to the benefit of the patentee. The
sale or exposure for sale, concealment or introduction into
Venezuela of counterfeit articles are deemed infringements and
are subject to the same penalty, which is to be doubled for a
second offence.
ANALYTICAL SUMMARIES
OF THE
Australia.
Australia comprises the provinces of Victoria, New South
Wales, South Australia, Queensland, and Western Australia,,
the collective area being about 3,000,000 square miles. In
addition to these there are the colonies of Tasmania and New
Zealand. Separate Patents are granted in each of the above
colonies.
The useful and precious metals exist in considerable quantities
in each of these colonies. In New South Wales there is abun-
dance of gold, copper, iron (mostly hoematite), coal, lead, silver
and tin. The copper mines of South Australia are exceedingly
valuable. Queensland ranks next for copper, and in the produc-
tion of tin surpasses the others ; gold, iron and coal are also
found in considerable quantities. There are lead, silver and
copper mines in Western Australia, and considerable ironstone.
Victoria is the principal gold producing colony. Tin and
antimony are also found in Victoria. Wool is the staple product
of Australia. The total value of imports for 1880 for the
provinces of Victoria, New South Wales. South Australia, and
Western Australia was upwards of 45,000,000 ; and exports
about 49,000,000.
Victoria.
This is the most important of the Australian colonies as regards wealth,
population and commerce. The population in 1881 was 862,346. The chief
city is Melbourne.
(The Patents Statute 1865.)
Patents are granted for 14 years for the sole working or
making of any manner of new manufactures within Victoria and
its dependencies.
To whom granted. Patents are granted to the true and
first inventor within the colony.
For what granted. Patents are granted for the sole
working or making of any manner of new manufacture within
Victoria and its dependencies.
Novelty of invention. The invention is considered new
if it has not been published or made known in Victoria.
Duration of Patent. The duration of the Patent is
14 years from its date, subject to the payment of the taxes
hereafter mentioned (see Taxes), and to the limitation (in the
case of foreign inventions for which Letters Patent have been
obtained elsewhere prior to the grant of the Victorian Patent)
to the duration of the prior foreign Patent which shall first
expire. If the foreign Patent has already expired prior to the
grant of the colonial Patent, the latter is invalid. Provision is
also made for the extension of a Patent in certain cases beyond
the term first granted, the application for extension being
referred to Commissioners appointed to enquire into the matter.
Date of Patent- The Patent dates from the day of filing
the application
VICTORIA. 125
Extent of Grant. The Patent extends to the colony of
Victoria and its dependencies.
Procedure. The application must be limited to a single
invention and is made by depositing with the Chief Secretary a
complete specification clearly describing the invention and
terminating with a distinct claim, and accompanied by drawings,
if necessary, together with a copy or copies thereof. Protection
conferring the same rights and privileges as Letters Patent is
thereupon granted for six months, during which term the inven-
tion may be used and published without prejudice to the Patent
to be subsequently granted. The Patent is completed by giving
notice to proceed, at which stage the application is advertised
in the Govenment Gazette and other colonial newspapers, and
opportunity afforded for the entry of oppositions. The Law
Officer may call such scientific or other aid as he may deem fit
and after considering the application and hearing objections to
the grant (if any) he may issue his warrant for the Letters
Patent, which are thereupon prepared and are sealed by the
Governor with the seal of the colony. The Law Officer may
allow or require the specification to be amended or a new one
substituted before the patent issues.
Official Examination. No official examination is made
as to the novelty or utility of the invention.
Taxes. The patent is subject to a tax, of 15 payable
prior to the expiration of the third year, and to a further tax of
20 prior to the expiration of the seventh year, from the date of
the patent. The Letters Patent must be returned in order that
these payments may be endorsed thereon.
Conditions of Grant ; working invention. The law
imposes no obligation on the patentee to put the invention into
practice in the colony, but in order to keep the Patent in force
certain taxes are payable. (See Taxes).
Importation and Marking of patented articles. The
importation by the patentee of the patented articles is not pro-
hibited, and the patentee is under no obligation to mark the
126 VICTORIA.
patented articles in any way. There are certain penalties for
the unauthorised user of the word " Patent," &c.
Revocation of Patent. Letters Patent may be repealed
by writ of scire facias.
Amendments and Disclaimers. Errors or defects in the
specification or title may be subsequently amended, and disclaim-
ers may be entered, by the patentee or assignee, not being such
alteration or disclaimer as would have the effect of extending the
scope of the grant.
Assignments and Licences. All assignments, licences
&c. must be recorded, and in the absence of the proper entry the
grantee is deemed the exclusive proprietor of the Patent.
Assignments may be in any suitable form and as ordinarily pre-
pared for Great Britain will answer every purpose
New South Wales.
The chief product is wool ; and gold, silver, coal, tin, iron, copper, antimony,
cotton, wine and tobacco are also produced. The population in 1882 was estimated
t about 782,000. The capital is Sydney.
(Letters of Registration Act of 1852.)
The Governor General is empowered to grant Letters of
Registration for inventions under his sign manual and the seal
of the colony, having the same effect as Letters Patent in
England so far as regards the colony.
To whom granted. Letters of Registration are granted
to the inventor, or his agent or assignee.
For what granted. Letters of Registration are granted
for any invention or improvement in the arts or manufactures.
Duration of Privilege. The duration of the Letters of
Registration is not less than seven and may not exceed 14
years.
Date of Grant. The Letters of Registration date from
the day of issue thereof.
Extent of Grant. -The privilege extends to the colony of
New South Wales and its dependencies.
Procedure. The applicant must petition the Governor
and file the proper documents, whereupon the matter is referred
to experts who are allowed a certain remuneration. If their
report is favorable the Letters of Registration issue and must
then be registered in the proper office of the Supreme Court..
If the report is unfavorable, an appeal can be made.
Official Examination. A more or less complete examina-
tion is made as to the novelty of the invention.
128 NEW SOUTH WALES.
Taxes. The grant is not subject to any payment after the
first application.
Conditions of Grant ; working invention. The law
imposes no obligation to put the invention into practice in the
colony.
Importing- and Marking patented articles. The
importation of the patented articles by the patentee is not pro-
hibited, and the patentee is under no obligation to mark the
patented articles in any way.
Revocation of Grant. The grant may be repealed by
writ of scire facias for the same causes and in the same manner
as other grants of the Crown are liable to be repealed.
Assignments and Licences. Assignments and licences
must be registered within three days of their execution, so that
in case of contracts entered into out of the colony, the documents
must be sent out unexecuted, and an agent in the colony
authorised by power of attorney to execute them. Assignments
may be in any suitable form, and as ordinarily prepared for
Great Britain will answer every purpose.
129
Queensland,
The population in 1881 was estimated at about 214,000. The staple product
is wool ; and sugar, both raw and refined is largely exported. Q-old, tin, lead,
copper, quicksilver, and antimony are found in large quantities. There are also
coal mines in certain parts. The chief town is Brisbane.
(Letters of Registration Act of 1852 of the Colony of New
South Wales, continued in force in the Colony of Queensland
by order in Council of the Qth November, 1859.)
The Governor General is empowered to grant Letters of
Registration for inventions under his sign manual and the seal
of the colony, having the same effect as Letters Patent in
England so far as regards the colony.
To whom granted. Letters of Registration are granted
to the inventor, his agent or assignee.
For what granted. Letters of Registration are granted
for any invention or improvement in the arts or manufactures.
Duration of Privilege. The duration of the Letters of
Registration is not less than seven, and may not exceed 14 years.
Date of Grant. The Letters of Registration date from
the day of issue thereof.
Extent of Grant The Letters of Registration extend to
the colony of Queensland.
Procedure. The applicant must petition the Governor,
and file the proper documents, whereupon the matter is referred to
experts, who are allowed a certain remuneration. If their report
is favorable, the Letters of Registration issue, and must then
be registered in the proper office of the Supreme Court. If
the report is unfavorable an appeal, can be made.
K
130 QUEENSLAND.
Provisional protection for two successive periods of six months
each may be obtained, but this protection is practically useless
except to Australians.
Official Examination. A more or less complete
examination is made as to the novelty of the invention.
Taxes- The grant is not subject to any payment, after the
first application.
Conditions of Grant ; working invention. The law
imposes no obligation to put the invention into practice in the
colony.
Importing and Marking patented articles. The
importation of the patented articles by the patentee is not pro-
hibited, and the patentee is under no obligation to mark the
patented articles in any way.
Revocation of Grant. The grant may be repealed by writ
of scire facias for the same causes and in the same manner as
other grants of the Crown are liable to be repealed.
Assignments and Licences. Assignments and licences
must be registered within three days of their execution, so that
in case of contracts entered into out of the colony the docu-
ments must be sent out unexecuted, and an agent in the colony
authorised by power of attorney to execute them. Assignments
may be in any suitable form, and as ordinarily prepared for
Britain will answer every purpose.
131
South Australia.
The population in 1882 was about 290,000. The mineral wealth is con-
siderable, the copper mines of Moonta, Wallaroo, and BurraBurra being famous.
The capital is Adelaide.
(The Patent Act, 1877, and Patent Act Amendment Act of
1881.)
The Commissioner of Patents under the Act is empowered
to perform all acts and things incidental to the grant, issue, or
renewal of patents.
To whom granted. Patents are granted to the true and
first inventor, or to his assignee, executor, or administrator.
For what granted. Patents are granted for the sole mak-
ing, using, exercising and vending of any new and useful art,
machine, manufacture or composition of matter, or any new and
useful improvement in any art, machine, manufacture or com-
position of matter.
Novelty of Invention. The invention is considered new
if it has not been publicly used or offered for sale in the Province
prior to the date of the patent. The mere fact, however, of an
inventor having exhibited or tested his invention, either pub-
licly or privately, is not in itself deemed ground for the refusal of
a patent, nor will it justify others in using the invention provided
that such exhibiting has taken place within six months of filrag
the application.
Duration of Patent. The duration of the patent is 14
years from date of filing the application subject to the payment
of the taxes hereafter mentioned (see Taxes), to the conditions as
to working the invention in the colony (see Conditions of Grant),
and to the limitation (in the case of foreign inventions) to the
K 2
132 SOUTH AUSTRALIA.
duration of the previous foreign patent for the same invention,
If the foreign patent has already expired prior to the grant of
the colonial patent, the latter is invalid. Provision is however
made for the extension of a patent in certain cases for not more
than seven years beyond the term first granted.
Date of Patent. The patent dates from the day of filing
the application.
Extent of grant. The patent extends to the province of
South Australia.
Procedure. A petition setting forth the name and title of
the invention, and an address in Adelaide to which notices in
respect of the petition may be sent, is presented to the
Commissioner, accompanied by the proper declarations, speci-
fications, drawings, &c., whereupon (except in case of applica-
tion for a patent by any person to whom the Commissioner
shall have already refused to grant a patent for an invention
substantially the same as that for which such application
is made) the invention is protected for six months. The
application is then advertised in the Government Gazette three
times, in at least two daily papers in Adelaide, and opportunity
afforded for the entry of objections. The matter is referred
to an examiner, whose remuneration is determined by the Com-
missioner, and if his report is favorable the patent is sealed
and issued in due course. The Commissioner may allow or
require the specification to be amended or a new one substituted
before the patent issues.
Official Examination. A more or less complete official
examination is made.
Taxes. The patent is subject to the payment of a tax of
2 10s. Od. before the end of the third year, and of a further
tax of 2 10s. Od. before the end of the seventh year, from
the date of the patent.
Conditions of Grant ; working invention. The
invention should be worked in South Australia within three
years from the date of the patent.
SOUTH AUSTRALIA. 133
Importing and Marking patented articles. The law
<ioes not prohibit the importation by the patentee of articles
manufactured in accordance with the patent, and does not require
patented articles to be marked as such.
There are certain penalties for the unauthorised user of the
words " Patent," " By the Queen's Patent," &c.
Revocation of Patent. Every patent is liable to be
revoked upon the application of a third person after the expira-
tion of three years from the date of granting the patent, if it
shall be made to appear to the Governor that neither the
patentee nor his assignee or licensee has used the patented
invention to a reasonable extent for the public benefit. The
Governor has absolute discretion as to refusing such applica-
tion. Patents may also be revoked or cancelled by writ of
-scire facias.
Amendments and Disclaimers. Errors or defects in
the specification or title may be subsequently amended, and
disclaimers may be entered, not being such alterations or dis-
claimers as would have the effect of extending the scope of the
grant. If the patent be partly assigned, the assignee must
join in the application to amend or disclaim.
Assignments. Assignments must be registered within six
months of their date, and must be certified as correct for the
purposes of the Act. Every assignment shall be deemed null
and void as against any subsequent assignment for valuable
consideration, unless such prior assignment shall be registered
before the registration of the subsequent assignment. Assign-
ments may be in any suitable form, and as ordinarily prepared
for Great Britain will answer every purpose.
134
Western Australia
\s
1 his was originally known as the Swan Eiver Settlement. The population in
1881 was 30,200. Lead, copper, zinc and iron exist in considerable quantities.
The chief town is Perth.
(Act No. 1 of 36th Victoria.)
Letters Patent and Letters of Registration are granted. The
former, however, can only be obtained for inventions not already
patented elsewhere, while the latter, which have the same force
as Letters Patent, are issued when Letters Patent have been
granted in other countries. The following abstract therefore
includes only those provisions of the law which relate to Letters
of Registration.
To whom Granted. Letters of Registration are granted
to any person being the holder or assignee of any patent granted
or issued and in full force in Great Britain or any other country
including bodies corporate and companies as well as individuals.
Duration of Privilege. The Letters of Registration
remain in force during the continuance of the original patent in
the country in which it was issued or granted.
Extent of Grant. The privilege extends to the colony of
Western Australia.
Official Examination. A formal examination of the
documents only is made.
Taxes The grant is not subject to any taxes after issue.
Conditions of Grant ; working invention- The
patentee is under no obligation to put his invention inta
practice.
WESTERN AUSTRALIA. 135
Importing patented articles. The importation of
patented articles into the colony, by the patentee, is not pro-
hibited.
Revocation of Grant. The grant may be repealed by
writ of scire facias for the same causes and in the same manner
as any grants of the Crown are liable to be repealed.
Amendments and Disclaimers. Errors or defects in
the specification or title may be subsequently amended, and
disclaimers may be entered, not being such alterations or dis-
claimers as will have the effect of extending the scope of the
grant.
Assignments, &c. Assignments, &c., must be recorded in
the office of the Colonial Secretary within three months from
the execution thereof. Assignments may be in any suitable
form, and as ordinarily prepared for Great Britain will answer
every purpose.
136
New Zealand.
This is a British colony in the South Pacific Ocean and comprises three Islands
known as the Northern, Middle and Stewart Islands. The estimated population
in 1881 was about 481,000. The resin of the tree the Kauri pine known as
Kauri gum, is a yaluable export. Flax is largely exported, but wool is the main
product ; gold, iron, coal, & copper, are found. The capital is Wellington.
(The Patents Act, 1883.)
Letters Patent and Letters of Registration (which have the
same force as Letters Patent) are granted.
By a new law entitled as above, which comes into force on the
1st January, 1884, foreign inventors can at their own option
obtain either Letters Patent, or Letters of Registration, the
restriction by which they were heretofore confined to Letters of
Registration having been removed. The following particulars
are subject to correction, a copy of the new Act not having been
received at the time of going to press.
To whom granted. Letters Patent can only be granted
to the inventor, not to his assignee. Letters of Registration
are granted to the inventor or to the holder or assignee of
Letters Patent or any like protection issued in Great Britain, or
any other colony, and which are in full force.
For what granted. Letters Patent are granted for any
manner of new manufactures within New Zealand. Letters of
Registration are granted for the subject matter of any Letters
Patent or like privilege issued in Great Britain or any other
colony, and which are in full force.
Novelty of Invention. In order to obtain valid Letters
Patent the invention must be new, but the validity of Letters of
NEW ZEALAND. 137
Registration is not affected by the publication of the invention
prior to the application therefor.
Duration of Patent. The duration of Letters Patent is
14 years, subject to the payment of a tax (see Taxes), and to
the condition as regards working the invention (see Conditions
of Grant). Letters of Registration remain in force only during
the continuance of the previous original foreign patent, and
are not subject to. the payment of any subsequent tax, but are
probably subject to the same condition as Letters Patent as
regards working the invention.
Date of Patent . Letters Patent are dated as of the day
of application.
Extent of Grant. The privilege, whether granted by
Letters Patent or Letters of Registration, extends to the colony
of New Zealand, and its dependencies.
Procedure. Letters Patent are obtained by filing a speci-
fication and drawings (if necessary) in duplicate. The applica-
cation may be opposed, but when not opposed will be granted
as a matter of course. Letters of Registration will be granted
as a matter of course on proof of the bond fide ownership of the
foreign patent, but the procedure for obtaining Letters of
Registration is not settled at the time of going to press.
Official Examination. A formal examination of the
documents is made.
Taxes. Letters Patent are subject to the payment of a tax
of 7 before the expiration of five years from the date of the
patent. Letters Patent are not subject to the payment of any
tax after application.
Conditions of Grant ; working invention. Inventions
protected by Letters Patent must be brought into practical
operation in New Zealand within two years from the date of the
patent, otherwise the patent will lapse. It is not clear whether
the same requirement applies in the case of inventions protected
by Letters of Registration, but it is probable that the grant is
subject to the came condition in this case also.
133 NEW ZEALAND.
Importation of patented, articles. The importation of
patentedarticles by the patentee into the colony is not prohibi-
ted. There are certain penalties for the unauthorized user of
the words " Patent," " Letters Patent," &c.
Revocation of Patent. The grant may be repealed by
writ of scire facias.
Assignments and Licenses. Assignments and licenses
must be recorded in the Register of Proprietors, and until the
proper entry has been made the grantee of the Letters of
Registration is deemed to be the sole and exclusive -proprietor
thereof. Assignments may be in any suitable form, and as
ordinarily prepared for Great Britain will answer every purpose.
Before any assignment or license executed out of New Zealand
can be registered, the assignee or licensee must furnish (1) a
statutory declaration, by one of the attesting witnesses to the
said assignment or license, of the due execution of the said
assignment or license. Provided that if it be proved to the
satisfaction of the Patent Officer that the attesting witness to
any such assignment or license is dead or cannot be found, the
execution of the said assignment or license may be proved by
a statutory declaration of any other person capable of declaring
the same. (2) A certified copy or copies of the assignment or
license, and other instruments or documents of title. (3) A
statutory declaration by the applicant that he is the person
named in the copy deed, and that it is a true copy of the
original deed.
The terms used in these regulations are to be interpreted as
follows, viz. : (1) A statutory declaration means a declaration
made in Great Britain, or Ireland, or any British colony, or New
Zealand, before a justice of the peace, notary public, or any
other person having authority to take or receive a declaration,
under any law for the time being in force ; and if made in any
foreign country, means a like declaration made before a British
consul or vice-consul, or other person having authority to
take or receive such a declaration, under any Act of the Im-
NEW ZEALAND. 139
perial Parliament for the time being in force, authorizing the
taking or receiving thereof. (2) A certified copy means a copy
of any deed or instrument, certified by a statutory declaration as
aforesaid or by a notary public to be a true and correct copy, and
shall include any such copy under the seal of any patent office
or other department issuing such patent, and certified under
the hand of any commissioner or other officer, of such office or
department, to be a true copy thereof.
No assignment or license of two or more Letters of Kegistra-
tion included in one deed or instrument will be registered.
140
Tasmania.
o
This is an island in the South Pacific Ocean, formerly known as Van Diemen's
Land. The population in 1881 was estimated to be 116,000. Wool is the staple
product. Tin and iron ore are largely produced ; gold is also found, and coal in
many parts. The Capital is Hobart Town.
(The Patent Law Act, 1858.)
The Governor, with the advice of the Executive Council, is*
empowered in the name and on behalf of the Queen to issue
Letters Patent for any manner of new manufactures within the
colony.
To whom granted. Patents are granted to the true and
first inventor within the colony.
For what granted. Patents are granted for the sole
working or making of any manner of new manufacture within
the colony.
Novelty of Invention. The invention is considered new
if it has not been published or made known in Tasmania.
Duration of Patent. The duration of the patent is four-
teen years from the date of the patent, subject to the payment
of the taxes hereafter mentioned (see Taxes) and to the limitation
(in the case of foreign inventions) to the duration of the prior
foreign patent which shall first expire. If the foreign patent
has already expired prior to the grant of the colonial patent, the
latter is invalid. Provision is also made for the extension
of a patent in certain cases beyond the term first granted, the
application for extension being referred to Commissioners ap-
pointed to enquire into the matter.
TASMANIA. 141
Date of Patent. The patent dates from the day of filing
the application.
Extent of Grant The- patent extends to the colony of
Tasmania.
Procedure. A petition to the Governor, accompanied by a
complete specification and drawings (if necessary), is lodged at
the office of the Colonial Secretary, and thereupon protection
conferring all the rights of Letters Patent is granted for six
months.
The application is completed by giving notice to proceed, at
which stage the application is advertised in the official gazette
and colonial newspapers, and opportunity afforded for the entry
of oppositions. The Law Officer may call in such scientific or
other aid, as he may deem fit, and cause proper remuneration to
be paid therefor, and after considering the application, and
hearing any objections, he may issue his warrant for the Letters
Patent, which are thereupon prepared and are sealed by the
Governor with the seal of the colony. The Law Officer may
allow or require the specification to be amended, or a new one
substituted, before the patent issues.
Official Examination. A formal examination is made.
Taxes. The patent is subject to a tax of 15 payable prior
to the expiration of the third year, and to a further tax of 20
prior to the expiration of the seventh year, from the date of the
patent. The Letters Patent must be returned in order that
these payments may be endorsed thereon.
Conditions of Grant ; -working invention. The law
imposes no obligation on the patentee to put the invention into
practice in the colony.
Importation and Marking of patented articles.
The importation by the patentee of the patented articles is not
prohibited, and the patentee is under no obligation to mark the
patented articles in any way. There are certain penalties for
the unauthorized user of the word " Patent," " By the Queen's
Patent," &c.
142 TASMANIA.
Revocation of Patent. Letters Patent may be repealed
by writ of scire facias in like cases as the same would lie in
England for the repeal of Letters Patent.
Amendments and Disclaimers. Errors or defects in the
specification and title may be subsequently amended, and dis-
claimers may be entered, not being such alterations or disclaim-
ers as would have the effect of extending the scope of the grant.
Assignments and Licenses. All assignments and licenses
must be recorded, and in the absence of the proper entry the
grantee is deemed the exclusive proprietor of the patent-
Assignments may be in any suitable form, and as ordinarily
prepared for Great Britain will answer every purpose.
British Guiana.
The chief product of British Guiana is sugar, which is the finest in the world
nd known as Demerara crystals. Coffee, cocoa, and rum are also produced.
The coloay is divided into three counties Berbice, Demerara, and Essequibo^
and comprises an area of about 85,000 square miles. The administration of the
colony is in the hands of a Governor and Court of Policy, consisting of four
official and five non official members. The capital is Georgetown. The popula-
tion of the colony in 1881 was about. 252,000.
(The Patent Law Ordinance, 1861).
The Lieutenant-Governor is empowered to grant in the name
of Her Majesty, and under the public seal of the colony, patents
for the sole privilege of making, using, exercising, and vending
any new manufacture in the colony.
To whom granted. Patents are granted to the true and
first inventor within the colony.
For what granted. Patents are granted for any manner
of new manufacture within the Statute of Monopolies (21
James L, cap. 3.)
Novelty of Invention. The invention must not have been
publicly used or exercised in the colony prior to the application
for patent therein.
Duration of Patent. The duration of the patent is four-
teen years from the date of the patent subject, however, to the
payment of a tax (see Taxes). In the case of an invention
first invented in the United Kingdom or elsewhere, and for which
a patent has there been obtained prior to the grant of a patent
in the colony, the duration of the colonial patent is dependent
on the continuance of the previous foreign patent, or if several,
its duration is limited by that of the one which shall first
144 BRITISH GUIANA.
expire. A valid patent in the colony cannot be obtained after
the expiration of a patent for the same invention in the United
Kingdom or any other country.
Date of Patent. The patent is usually antedated as of
the day of application, but it may be dated as of t any day
between that date and the actual day of sealing.
Extent of Grant. The patent extends to the whole col-
ony of British Guiana, which comprises the counties of Deme-
rara, Essequibo, and Berbice.
Procedure. A petition and affidavit accompanied by a
provisional or a complete specification, are lodged and referred to
the Attorney-General, who may call in scientific assistance.
Upon his allowance provisional or complete protection is acquired
for 12 months, during which time the invention may be used
and published. Complete protection confers moreover the same
rights as Letters Patent during that period. Notice to proceed
must be given within three months from the date of the Attor-
ney General's report, whereupon the application is advertised
for one month, during which period objections may be lodged.
The Attorney General reports to the Governor upon the appli-
cation and upon any objection thereto, which report is advertised,
In case of an adverse report an appeal lies to the Supreme
Court. If favorable, the Governor then directs the Letters
Patent to issue. The Letters Patent must then be registered
in the Registrar's Office for the counties of Demerara, and
Essequibo, within ten days from the date of sealing, and lastly a
complete specification must be filed within six months from the
date of the patent if a provisional specification was lodged in
the first instance.
Official Examination The application is referred for
examination to the Attorney General, who may call in scientific
aid, if necessary, and may require amendments to be made.
Taxes. The duration of the patent is subject to the pay-
ment of a tax of 100 dollars before the expiration of the 7th
year from the date of the patent, the amount of which tax
must be stamped on the patent.
BRITISH GUIANA. 145
Conditions of Grant ; working invention- The law
imposes no obligation on the patentee to put the invention into
practice in the colony.
Importation and Marking of patented articles.
The law does not prohibit the importation by the patentee of
articles manufactured in accordance with the patent, and does
not require the patented articles to be marked as such.
Amendments and Disclaimers. Disclaimers of any
portion of the invention, and alterations of the specification may
be made, the procedure being similar to that on an original
application.
Prolongation and Confirmation of Patent The
Governor is empowered to prolong the term for which the
patent was originally granted, for a period not exceeding seven
years, and to confirm invalid patents in certain cases.
Assignments and Licenses. Assignments and licenses,
whether complete or partial, must be registered in the colony.
H6
British Honduras,
This is a British colony in Central America. The portion of the soil capable
of cul'iration is very fertile, but the only important cultivated products are sugar
and tropical fruits. Coffee of excellent' quality can also be grown, but little
attention has hitherto been devoted to this. The colony comprises about 6,500
square miles. The capital is Belize, with a population in 1881 of 5,767.
(The Patent Law Amendment Act, 1862.)
Letters Patent are granted for any invention, being any manner
of new manufacture the subject of Letters Patent and grant of
privilege within the meaning of the Statute of Monopolies.
The Governor and the members of the Executive Council
(together with other persons who may be appointed by the
Governor) are Commissioners of Patents, and the powers vested
in the Commissioners may be exercised by any three or more of
them. Three or more of the Commissioners are empowered to
subscribe their names to warrants for Letters Patent under the
Act.
To whom granted. Patents are granted to the true and
first inventor within the colony of British Honduras.
For what granted. Patents are granted for any manner
of new manufacture, the subject of Letters Patent and grant
of privilege within the meaning of the Statute of Monopolies
(21 James I., cap. 3). No Letters Patent will, however, be
granted for two or more distinct substantive inventions
contained in a single application.
Novelty of Invention. The invention must be new
within the colony.
Duration of Patent. The duration of the patent is four-
teen years from the date of the application, subject, however,
BRITISH HONDURAS. 147
to the payment of the taxes hereafter mentioned (see Taxes),
and to the condition, in the case of an invention for which a
previous foreign patent has been obtained, that all rights and
privileges shall cease and be void immediately upon the expira-
tion or other determination of the term during which the
foreign patent shall continue in force, or, in the case of more
than one foreign patent, on the determination of the term
which shall first expire (see also Prolongation).
Date of Patent. The patent is usually antedated as of the
day of application.
Extent of Grant. The patent extends to the whole colony
of British Honduras.
Procedure. A petition and declaration, accompanied either
by a provisional specification (or a complete specification, par-
ticularly describing and ascertaining the nature of the invention,
under the hand and seal of the applicant), is lodged at the office
of the Colonial Secretary, and referred to the Attorney General
for the colony. The Attorney General, if a provisional speci-
fication be lodged, has power to call in scientific or other aid,
and order due remuneration to be paid therefor. If satisfied
that the invention is properly described, the Attorney General
issues a certificate of allowance of Provisional Protection for six
months. Notice to proceed is then given, and the application
is advertised in such manner as the Commissioners may deem
fit, and opportunity for the entry of oppositions afforded. The
case is then again referred to the Attorney General, together
with any objections that may have been lodged. A warrant for
sealing is then made, granting to the applicant, his executors,
administrators, and assigns, the sole right of making, using,
exercising, and vending the invention for the term of fourteen
years.
Official Examination. No examination is made as to
the novelty or utility of the invention.
Taxes. The patent is subject to the payment of a tax of
oO dollars before the expiration of three years from the date of
L 2
148 BRITISH HONDURAS.
the patent, and a further tax of 100 dollars before the expiration
of seven years from the date of the patent, which payments
must be endorsed on the patent.
Conditions of Grant; working invention. The law
imposes no obligation on the patentee to put the invention into-
practice in the colony.
Importation and Marking of patented articles.-
The law does not prohibit the importation by the patentee of
articles manufactured in accordance with the patent, and does
not require patented articles to be marked in any way.
Amendments and Disclaimers. Disclaimers of any
portion of the invention and alterations of the specification, not
being such disclaimers or alterations as would extend the right
obtained, may be made.
Prolongation of Patent. The Commissioners are em-
powered to grant new Letters Patent for a further term of not
more than fourteen years after the expiration of the first term.
Assignments and Licenses. All assign ments,&c., must
be recorded in the " Register of Proprietors " at the Colonial
Secretary's office, and until this is done the grantee is deemed
the exclusive proprietor of the patent.
149
British India.
British India extends over a territory as large as Europe without Russia, and
is divided into the three Presidencies of Bengal, Bombay and Madras.
Native manufactures have been in parts almost superseded by the importation
of products from Europe, and especially from the United Kingdom. In certain
districts they are however still extensive, and the annual value of cotton, woollen
.and silk goods from manufactories in the Punjaub, is estimated at about
5,000,000. In Bombay Presidency the manufactories of cotton goods has made
considerable progress. There are also considerable silk manufactures in the
Bombay Presidency, and also in Bengal and the central provinces, and jute in
Bengal. The annual value of exports from India is now estimated at 59,000,000.
The principal exports are opium, raw cotton, seeds, rice, jute, hides and skins,
tea, indigo, and wheat. The population at the last census was about
.241,000,000.
Accounts are kept in rupees (= about 2s.) annas ( = l^d.) and pice ( = -g- of a
penny.) Considerable sums are reckoned by lacs and crores (i.e. 100,000, and
IC.000,000) of rupees.
Exclusive priviliges for making, selling, and using inventions
in India of any new and useful manufacture are granted by the
Governor General in Council, to the inventor.
To whom, granted. Exclusive privileges are granted to
the actual inventor (whether native or foreign) or his personal
representatives, and also to the assignee of the actual inventor
of the right to obtain the privilege in India. The mere importer
f an invention into India is not deemed an inventor unless he
be the assignee of the actual inventor.
For what granted. Exclusive privileges are granted for
any new and useful improvement in any art, or processor manner
of producing, preparing or making an article and also any new
and useful article produced by manufacture.
Novelty of Invention. In the case of an invention for
which an English patent has already been obtained, the appli-
150 BRITISH INDIA.
cation for an exclusive privilege in India must be made within
twelve months from the date of the English Patent, and the
invention is deemed new if it has not been publicly known
or used in India before the date of the English Patent, not-
withstanding that it may have been publicly known or used in
England or in India after that date, and before filing the
application for the exclusive privilege in India.
In other cases the invention must not have been used by the
public, or made known by a printed or written publication in
the United Kingdom or in India before the filing of the appli-
cation, but the use of the invention in public by the inventor,
his deputies &c., for one year prior to the filing of the applica-
tion, is not deemed a publication.
Duration of Privilege. The duration of the exclusive
privilege is fourteen years, but contingent on the continuance of
the previous English Patent (if any) for the same invention.
The term may be extended if the English Patent be prolonged.
Date of Privilege. The date from which the duration of
the exclusive privilege runs, is the date of filing a specification
under the Act. This is usually some weeks after lodging the
application.
Extent of Grant. The patent extends to the whole Em-
pire of India, but not to the native States.
Procedure. A petition to the Governor General of India
in Council, for leave to file a specification, is first presented in
due form, and may be referred to an expert for inquiry and
report. An order is then made to file a specification, to which
order such conditions and restrictions may be annexed as the
Governor General may think fit. The specification must be
filed within six months of the date of such order, and thereupon
the exclusive privilege is acquired.
Official Examination. No examination is made as to
the novelty or utility of the invention, a foimal supervision
only of the documents being exercised.
Taxes The duration of the exclusive privilege is not subject
to the payment of any taxes after the first application.
BRITISH INDIA. 151
Conditions of Grant ; working invention. The law
imposes no obligation on the patentee to put the invention into
practice in India.
Importation and Marking of patented articles.
The importation into India by the patentee, of articles forming
the subject of the exclusive privilege is not prohibited, and
there is no obligation to mark the patented articles in any way.
Revocation of Privilege. The exclusive privilege cease*
if the Governor General in Council shall declare the same, or th ?
mode in which it is exercised, to be mischievous to the State or
prejudicial to the public. Moreover upon breach of any special
condition annexed to the order to file the specification being
proved, the Governor General may declare that the exclusive
privilege shall cease. Any person may also apply to the
Supreme Courts to declare the exclusive privilege not to have
been acquired in consequence of non-fulfilment of the require-
ments of the law. If an exclusive privilege be obtained in
fraud of the actual inventor, the Courts may, on proof thereof
and on proceedings instituted within two years, order the
privilege to be assigned to the actual inventor and the profits
to be paid to him.
Amendments and Disclaimers. Errors or defects in
the specification may be subsequently amended, and disclaimers
may be entered to any part of the invention which should not
have been included.
Assignments and Licenses. All assignments &c., must
be duly entered and recorded in the Patent Office, Home De-
partment, Government Offices, Calcutta.
152
Cape of Good Hope.
This is a British Colony at the south extremity of Africa. The population in
1875 was about 721,000. The principal agricultural products are wheat, oats,
maize, millet, and barley. Rice and tobacco are also grown in certain parts.
Some excellent wine is made, notably Constantia. The most important industry
is sheep rearing, and the export of wool averages nearly two thirds of the total
exports. Mohair is also exported, and Ostrich farming has recently developed
considerably. The capital is Cape Town.
(Act No. 17, of 1860.)
The Governor is empowered to grant Letters Patent for the
sole and exclusive working, making, and enjoyment of any
invention within the colony for the term of fourteen years.
To whom granted. Patents are granted to the true and
first inventor within the colony. In the absence of any judicial
decision on the subject in the colonial Courts, the Judges would
undoubtedly follow the English precedents, and therefore the
expression true and first inventor within the colony may be
construed to include the importer as well as the actual inventor.
For what granted. Patents are granted for any invention
being any manner of new manufacture within the meaning
of the Statute of Monopolies (21 James I., cap 3).
Novelty of Invention. The invention must not have
been published or publicly used or exercised within the colony
prior to the application for the patent.
Duration of Patent. The duration of the patent is
fourteen years from its date, subject however to the payment of
taxes before the expiration of the 3rd and 7th years respec-
tively and the endorsement of such payments on the Letters
Patent (see Taxes).
CAPE OF GOOD HOPE. 153
The duration of the Cape patent is limited to that of the
shortest patent obtained elsewhere for the same invention, prior
to the grant of the colonial patent. A Cape of Good Hope
patent granted for an invention for which a patent elsewhere
has already expired is of no validity.
Date of Patent The Letters Patent are dated as of the
day of deposit of the specification.
Extent of Grant- The patent extends to the whole
colony of the Cape of Good Hope, including the Diamond
Fields.
Procedure. Complete protection is granted for six months
from the date of deposit of the specification, which confers the
rights of Letters Patent and permits of the invention being
used and published without prejudice to the patent. Notice to
proceed must then be given within such time as will enable the
inventor to take out the patent before the expiration of
protection, and an appointment advertised in the Govern-
ment Gazette and other colonial papers. The application is
then referred to the Attorney General to hear any objections to
the grant. The Attorney General may call in scientific assis-
tance and order costs to be paid. The Attorney General may
^hen issue a warrant for Letters Patent, subject to any restric-
tions, etc., he may think fit. The Letters Patent may issue to
the executors of inventor deceased during protection, and they
may be repealed or withheld, and the specification cancelled.
Oflicial Examination. No examination is made as to
the novelty and utility of the invention but the application is
referred for examination to the Attorney General who may
require the title or the specification to be amended, or a
new one substituted.
Taxes. The duration of the patent is subject to the payment
of a tax of 10 before the expiration of the third year, and 20
before the expiration of the seventh year, from the date of the
patent, and such payments are to be endorsed upon the
patent.
154 CAPE OF GOOD HOPE.
Conditions of Grant ; working invention. The law
imposes no obligation on the patentee to put his invention into
practice in the colony.
Importation and Marking of patented articles.
The importation of the patented articles from abroad by the
patentee is not prohibited, and the law does not require them,
to be marked "Patent."
Revocation of Patent. The patent may be repealed by a
writ of the Supreme Court in the nature of a writ of scire facias
in England. The patent is void if the invention be contrary
to law, or generally prejudicial or inconvenient, or if the inven-
tion was not new within the colony, or if the patentee was not
the true and first inventor within the colony, or if the specifica-
tion is insufficient. The patent lapses by neglect to pay the
taxes within the prescribed time (see Taxes).
Amendments and Disclaimers. Disclaimers and
alterations of the specification may be made, the proceedings
being similar to those on an original application.
Prolongation and Confirmation of Patent. The
Governor is empowered to prolong the term of the patent,
and to confirm invalid patents.
Assignments and Licenses. The assignment of any
Letters Patent, or of any share or interest therein, or any license
under Letters Patent, must be registered in the colony. Until
so registered the original grantee is deemed sole proprietor of
the patent.
155
Canada.
The Dominion of Canada comprises the provinces of Ontario, Quebec, New
Brunswick, Nova Scotia, Prince Edward Island, Manitoba, District of Keewatin,
North West Territories, and British Columbia.
The population is about 4,362,000. A decimal system of coinage has been
introduced into the Dominion, according to which the unit of account is a dollar
of 100 cents. The average rate of exchange makes the dollar equal to about 4/-.
A new and uniform system of weights and measures has also been lately intro-
duced, making the Canadian standards the same ae the British Imperial
standards, but the British cwt. of 112 Ibs. and ton of 2240 Ibs. are superseded by
the United States equivalents of 100 Ibs. and 2000 Ibs. respectively.
Iron is found in great quantity in the province of Ontario, and copper, lead,
plumbago, antimony, arsenic, manganese, gypsum, and even gold, are found,,
besides marble and building stone. Large quantities of petroleum and salt are
also obtained.
Iron of superior quality is found almost everywhere in the province of Que-
bec, and gold, copper, lead, silver, zinc, and platinum are also found. Ship-
building is extensively carried on at the town of Quebec, but the manufactures
are comparatively unimportant.
In New Brunswick, and also in Nova Scotia, shipbuilding is also extensive ;
coal and iron ore ar found in large quantities ; the deposits of antimony in New
Brunswick are exceedingly valuable, and manganese, copper, lead, silver, and
gold are also found in both provinces. In British Columbia gold, coal, iron,
copper, bismuth, mica, and limestone are found.
(The Patent Act of 1872, and Amending Acts of 1882 and
1883.)
The Act constitutes a Patent Office and appoints a Commis-
sioner of Patents, by whom patents are granted for the
Dominion of Canada, which embraces not only the provinces
of Ontario and Quebec, but also Nova Scotia, New Brunswick,
Prince Edward Island, Manitoba and British Columbia.
To whom granted. Patents are granted to the actual
inventor, or to his assignee, or to both inventor and assignee
conjointly, or to the representative of a deceased inventor.
For what granted. Patents are granted for any invention
of, or improvement in, any new and useful art, machine, manu-
156 CANADA.
facture, or composition of matter, not known or used by others
before being so invented. But not for any invention having an
illicit object in view, nor for any mere scientific principle or
theorem. Two or more separate inventions connot be claimed
in one patent.
Novelty of Invention. The invention must not have been
patented in any foreign country for more than one year, nor may
it have been in public use or on sale in Canada with the
inventor's consent or allowance, for more than one year prior to
filing the application for Canadian patent. The invention may
therefore have been published and used in other countries, and
it may have been in use and on sale in Canada, for not more than
one year, without destroying the validity of the Canadian patent;
but if any person commences to manufacture the invention in
Canada before the foreign inventor applies for his patent such
person will have the right to continue manufacturing and selling
the article, notwithstanding the existence of the patent. It is
therefore unwise to delay applying for the Canadian patent.
Duration of Patent. The term for which the patent is
now granted is 15 years, subject to the payment of the taxes
hereafter mentioned (see Taxes), and to the limitation that the
Canadian patent shall expire at the earliest date at which any
foreign patent for the same invention expires, whether such
foreign patent be previous or subsequent to the Canadian
patent. Canadian patents heretofore issued for shorter terms
than 15 years, and in respect of which the fee required for the
whole or anyunexpired portion of the term of 15 years has been
duly paid, shall be deemed to have been issued for the full
term of 15 years subject to the same conditions as to payment
of taxes as in the case of patents now issued for such full term.
Date of Patent. The duration of the patent is computed
from a few days after the date of filing the application.
Extent of Grant. The patent extends to the provinces
of Ontario and Quebec, Nova Scotia, New Brunswick, Prince
Edward's Island, Manitoba, and British Columbia.
CANADA. 157
Procedure- The application is made by filing an oath,
petition and duplicate specification and drawings. A model or
specimen is also required, but this need not accompany the
application, as the patent will be granted and have full force
without it, but will not be issued before the model is supplied.
The applicant must elect his domicile in Canada. The Com-
missioner may refuse the application in whole or in part upon
the grounds that the invention is not patentable; or that it is
already in the possession of the public with the consent and
allowance of the inventor ; or that it is devoid of novelty ; or
that it has been described in a book, or other printed publica-
tion before the date of application, or is otherwise in possession
of the public ; or that it has already been patented in Canada
(or elsewhere for more than one year), except however when the
Commissioner has doubts as to whether the patentee or the
applicant is the first inventor. Amendments of claims are
usually called for, the application being rarely rejected in toto.
The application must be perfected within two years after
lodging the petition, otherwise it will be deemed abandoned.
In case of refusal the applicant may appeal to the Governor in
Council. If it is found that two applications are made for
similar inventions, the question of priority is settled by
arbitration.
Official Examination. An examination as to the novelty
and utility of the invention is made before the patent is gran-
ted.
Model. A model or specimen must be furnished before the
patent will be actually issued, although the patent may be
applied for and granted without waiting for a model.
Taxes. The applicant may at his option pay the full fee
required for the term of fifteen years, or the partial fee required
for the term of five years, or that for ten years, and in case a
partial fee only is paid, the amount will be stated on the patent,
and the patent will cease at the end of the term for which the
partial fee has been paid, unless at or before the expiration of
158 CANADA.
that term, the holder of the patent pays the fee of 4 or 8 for
the further term of five years or ten years respectively, and
takes out from the Patent Office a certificate of such payment
in the prescribed form to be attached to and refer to the
patent, and under the signature of the Commissioner, or
another member of the Privy Council.
Conditions of Grant ; "working invention. The law
enacts that the patent shall become void at the end' of two
years from its date, unless the patentee or his assignee shall
within that period have commenced, and shall afterwards con-
tinuously carry on, in Canada the construction or manufacture
of the invention or discovery patented, in such 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. In
case of inability to comply with this requirement the time
may be extended on good cause shown, and on application
made within three months before the expiration of the two
years.
The above clause of the law is not interpreted literally to
mean that the patentee, on penalty of forfeiture, shall actually
fabricate the invention with his own capital and keep stock
whether he has purchasers or not, but its real meaning has been
held by the Commissioner of Patents (who is the sole judge
in the matter) to be, that the patentee must be ready either to
furnish the article himself or to license the right of using, on
reasonable terms^ to any person desiring to use it and expressing
such desire by a bond fide serious and substantial proposal, i.e.,
the offer of a fair bargain accompanied with payment. As long
as the patentee has been in a position to hear and acquiesce
in such demand, and has not refused such a fair bargain proposed
to him, he has not forfeited his rights. In short the words " to
carry on in Canada the construction or manufacture" with their
context have been held to mean nothing else than that any
Canadian citizen has a right to exact from the patentee a
CANADA. 159
license to use the invention patented, or obtain the article
patented, for its use, at the expiration of the two years delay on
condition of applying to the owner for it and on payment of a
fair royalty. To bring the patentee within the scope of this
interpretation, his address should be known so that applications
or propositions may be made to him, or that he should appoint
an agent for the purpose, or arrange with a Canadian manufac-
turer to make the invention. The same recommendation may
be made as in the case of German patents, namely to advertize
the invention and notify the willingness of the patentee to
grant licenses or indicate the address where the patented article
may be purchased. In this way the patentee will comply with
the law to the utmost of his ability, where from the nature
of the case it would be impossible to actually put the invention
into practical operation in Canada (see also further conditions
under Importation and Marking patented articles).
Importation of patented articles. The importation of
the manufactured article into Canada by the patentee, is allowed
for one year from the date of the patent. An extension (not
exceeding 12 months) of the term during which importation
is permissible, may be obtained on good cause shown and on
application made within three months before the expiry of the
first year. If after the period of one year (or any extension
thereof that may be allowed) the patentee or his assignee
imports the invention or causes it to be imported, the patent
will be void.
Here again the law is not interpreted literally, but the
question whether a patent has become null and void by reason
of importation after the expiration of the above named period
(or any extension thereof), is to be settled by the Commissioner
of Patents, by whom it has been held that whilst the importa-
tion in commercial quantities, in defiance of the law, and to the
injury of the manufacturing interests of Canada, would entail
the invalidity of the patent, yet the importation of a few
machines as models, or for the purpose of bringing the useful-
160 CANADA.
ness of the invention before the invention before the eyes of the-
Canadian public, and so creating a demand for it, with the
intention of supplying such demand, would not invalidate the
patent.
Marking patented articles. Every patented article
must be marked with the word " Patented," followed by the
year in which the patent was granted, under penalty of a fine
of 20. When from the nature of the article it is impossible to
mark it, then it must have affixed to it, or to the package
containing it, a label so marked.
Amendments and Disclaimers. If by inadvertence the
specification be insufficient, or claim too much, the patent may
be surrendered by the patentee, his assignee, or legal represen-
tative, and reissued on an amended specification. Or a^
disclaimer may be entered of anything included by mistake.
Assignments and Licenses. Every assignment and
license, whether total or partial, must be registered in the office
of the Commissioner. The deed must be accompanied by a
copy on foolscap, which will be retained, the original being
returned with a certificate of registration.
161
Ceylon.
This is an island in the Indian Ocean belonging to G-reat Britain. Its area is
about 24,702 square miles, and the population in 1881 was nearly 3,000,009.
Th most important product is coffee. The manufactures do not possess much
importance, the articles, chiefly made being handkerchief*, tablecloths, towels,
iail-cloth, &c., of a coarse description. There are many oil mills for expressing
the oil from cocoa nut kernels. The exports are principally cotlee, tea, cin-
namon, cocoa nut oil, and coir.
(Inventions Ordinance, 1859.)
The Governor in Council is empowered to grant under the
public seal of the island of Ceylon the sole and exclusive
privilege of making, selling and using any new invention for
the term of fourteen years.
To whom granted. Patents are granted to the actual
inventor, or his personal representative or his assignee, or to the
first importer of an invention not publicly known or used in
Ceylon.
For what granted. Patents are granted for any new and
useful art, process, or manner of producing, preparing, or
making an article, and also any new and useful article prepared
or produced by manufacture.
Novelty of Invention- The invention is deemed new if
it has not been publicly used in Ceylon prior to the application
for a patent. The public use of an invention prior to the appli-
cation for a patent is not deemed a public use if the knowledge
of the invention has been obtained surreptitiously, or in fraud
of the inventor, or in breach of confidence, provided the inventor
makes his application within six months after the commence-
M
162 CEYLON.
ment of such public use, and has not previously acquiesced in
such public use. The use of the invention in public by the
inventor himself or his licensee is not deemed a public use
provided the invention has not thereby been dedicated to
the public.
Duration of Patent. The duration of the patent is
fourteen years. The Governor is empowered to grant a prolon-
gation for a further term not exceeding fourteen years.
Date of Patent. The date from which the duration of the
patent is computed is the date of filing a specification of the
invention in pursuance of an order of the Governor.
[Extent of Grant. The patent extends to the island of
Ceylon.
Procedure. A petition for leave to file a specification hav-
ing been filed and referred for enquiry and report, the Governor
may make an order subject to such conditions as he may think
expedient, whereupon a specification accompanied by a declar-
ation must be filed within six months from the date of such
order.
If an English Patent has been previously obtained for the
invention the Governor is empowered, upon petition stating the
the date and duration of such patent, to make an order
authorizing the petitioner to file a specification of the
invention and an exemplification of the English Patent granted
to him, whereupon the petitioner is entitled to the exclusive
privilege in Ceylon for fourteen years.
Official Examination. No examination is made as to
the novelty or utility of the invention.
Taxes. The patent is not subject to the payment of any
tax after the first application.
Conditions of Grant ; working invention. The law
imposes no obligation on the patentee to put the invention in
practice in the island.
Importation and Marking of patented articles
The law does not prohibit the importation from abroad by the
CEYLON. 163
patentee, of articles manufactured in accordance with the
patent, and does not require patented articles to be marked
in any way.
Revocation of Patent. No person shall be entitled to an
exclusive privilege in Ceylon if the invention, at the time of
presenting the petition, was not new in Ceylon (see Novelty of
Invention), or if the petitioner is not the inventor or the im-
porter of the invention into Ceylon, or if the specification does
not particularly describe the invention and the mode of carrying
it out. And any person may apply to the District Court of
Colombo to declare that an exclusive privilege has not been
acquired on any of the following grounds, (a) that at the time
of filing the petition, the invention, or any part thereof, was not
new (see also Novelty of Invention) ; (6) that the petitioner
was not the inventor or importer of the invention or any part
thereof, and in addition thereto, either that the applicant was
the inventor or importer, or that the inventor has dedicated or
made known the invention to the public, or has acquiesced in
the public use thereof (see also Novelty of Invention) ; (c) that
the nature of the invention, or any part thereof, or the mode of
carrying it out, is insufficiently described and defined in the
specification, and that such defect or insufficiency was fraudulent
and is injurious to the public; (d) that the petitioner has fraudu-
lently inserted in the petition or specification, as part of his
invention, something which was not new (see Novelty of Inven-
tion), or whereof he was not the inventor; or (e) that the
petitioner has wilfully made a false statement in his petition.
The Queen's Advocate may apply to the said Court for a rule
calling on the petitioner to show cause why the question of the
breach of any special condition on which leave to file a specifi-
cation was granted, or any other question of fact on which the
revocation of the exclusive privilege by the Governor may
depend, should not be tried in the form of an issue directed by
the said Court ; and if the rule be made absolute, the Court,
unless the breach, or other matter of fact, be admitted, may
M 2
164 CEYLON.
thereupon direct such issue to be tried, and certify the result of
such trial to the Governor. If at the trial it shall appear that
by reason of any of the objections mentioned, the exclusive
privilege has not been acquired, the Court will give judgment
accordingly, and thereupon the petitioner will, as long as the
judgment remains in force, cease to be entitled to the exclusive
privilege.
If on any such application to the Court to declare the patent
void, on the ground of want of novelty, or insufficiency of speci-
fication, the Court shall think that something has been in-
cluded which was not new, or that the specification is defective
or insufficient, but that the error, defect, or insufficiency was
not fraudulently intended, the Court may adjudge the patent
valid, save as to the part so affected, or may adjudge the whole
patent to be valid, and order the specification to be amended.
Misdescription in the petition, if not fraudulent, will not defeat
the exclusive privilege.
If upon proceedings instituted within two years from the date
of a petition to file a specification, the inventor proves that the
petitioner was not the inventor, and that he knew or believed the
invention to have been obtained, directly or indirectly, in fraud
of the inventor, or by means of a confidential communication
made by the actual inventor, the Court may compel the
petitioner to assign to the inventor any exclusive privilege
obtained, and to account for, and pay over, the profits thereof.
An appeal lies from all decisions and orders of the District
Court of Colombo to the Supreme Court, and from the latter to
Her Majesty in Council.
165
Fiji Islands.
These are a group of Islands in the South Pacific Ocean belonging to Great
Britain. The chief are Viti Levu, (Great Fiji) and Vanua Leva, (Great Land).
Tlie soil is verj fertile, and the principal products are cocoanut, ciu'a <ane.
banana, plantain, and cotton. The total population in 1880 was 13,198. The
capital is Suva in Viti Levu.
(The Patent Ordinance, 1879.)
The Governor in Council is empowered to grant in the name
of the Queen, and under the seal of the colony, Letters Patent
for the sole and exclusive privilege of using, selling, or making
new and useful inventions in the colony, for the term of fourteen
years subject to the conditions hereafter mentioned.
To whom granted- Patents are granted to the true and
first inventor within the colony, his heirs, executors, adminis-
trators, and assigns. The expression true 'and first inventor
within the colony would, if the decisions of the English Courts
be accepted as precedents, include the mere importer as well
as the actual inventor, and this is probably the case, but in the
absence of judicial decisions in the colonial courts nothing posi-
tive can be affirmed on this point. In the case of inventions
already patented in England, the holder of the English
Patent is entitled to a patent in the colony.
For what granted. Patents are granted for any manner
of new manufacture, and also every new process of manufacture,
and every new method of application of known prccesses, and
improvements in any known process. The patent may not
include several distinct and separate inventions, but where one
invention is applicable to several manufactures, or several inven-
166 FIJI ISLANDS.
tions are applicable to one and the same manufacture, the
whole may be included in the same Letters Patent. A valid
patent cannot be obtained for an invention, the subject of an
English or foreign patent which has already expired.
Novelty of Invention. The invention must be new
within the colony at the time of presenting the petition.
Duration of Patent- The duration of the patent is
fourteen years, subject, in the case of inventions previously
patented in England or elsewhere out of the colony, to the
condition that the colonial patent shall expire with such
previous English or foreign patent or with the first of them if
more than one. If the English or other patent has expired
before the application for the colonial patent, the latter is
invalid.
Date of Patent. The duration of the patent runs from
the date of the Letters Patent.
Extent of Grant. The patent extends to the colony of
Fiji and its dependencies.
Procedure. The application is made by filing a petition
and declaration accompanied by a complete specification and
drawings (all in duplicate) at the office of the Colonial Secretary,
and is referred to^the Attorney General, who if he deems the
invention primd facie entitled to protection issues his Certificate
to that effect, whereupon protection conferring all the rights of
Letters Patent is acquired for six months. In case of refusal
an appeal lies from the decision of the Attorney General to the
Governor in Council, a month being allowed for this purpose.
Notice to proceed is to be given and advertised twice in the
Royal Gazette and one other colonial paper within two months
from the date of the protection, and any oppositions to the grant
of Letters Patent must be entered within three months from
such advertisement. If none be entered, the Attorney General
is to report accordingly to the Governor in Council, or in case
of opposition he is . to hear the parties and their witnesses and
report his decision to the Governor in Council, who, if there be
FIJI ISLANDS. 167
no opposition, or if the decision be favorable, will direct the
issue of Letters Patent within three months from the date of
such report. In case of an adverse decision an appeal lies to
the Governor in Council.
Official Examination. No examination is made as to
the novelty or utility of the invention.
Taxes. The patent is not subject to the payment of any
taxes after the first application.
Conditions of Grant ; working invention, &c.
The law imposes no conditions as to working the invention in
the colony, nor as to importing or marking the patented articles.
Revocation. The Attorney-General may apply to the
Supreme Court to cancel or revoke the patent on the ground
that the invention is of no utility, or was not new at the date
of application ; or that the applicant is not the true and first
inventor thereof; or that the petition or specification contains
a wilfully false statement. The Supreme Court may order the
specification or petition to be amended.
Letters Patent may be annulled by the Governor in Council
if the same be proved prejudicial, or if the special conditions
on which the same were granted are not observed.
Amendments. A specification may be amended on appli-
cation to the Attorney-General, from whose decision an appeal
lies to the Governor in Council.
Assignments. Assignments and Licenses must be regis-
tered in the office of the Registrar-General in the colony.
168
Gibraltar.
This is a town and strongly fortified rock in Spain, at the entrance of the
Mediterranean, belonging to Great Britain. The area of the possession is about
two square miles, and the population in 1878 without the garrison was upwards
of 18,000.
There is no Patent Law for this dependency, but special
ordinances are obtainable, granting the exclusive privilege of
making, selling, and using inventions which have been patented
in Great Britain. The only ordinances as yet granted have
related to inventions for improvements in, and connected with,
electric telegraphs.
To whom granted. Exclusive privileges are granted to
the grantee of the Letters Patent in the United Kingdom, their
executors, administrators, and assigns.
For what granted. Exclusive privileges are granted for
the invention comprised in the English Patent or Patents.
Duration of Privilege. The duration of the exclusive
privilege is limited to the unexpired residue of the term of the
English Patent, including any prolongation thereof.
Procedure. His Excellency the Governor of Gibraltar
may, upon petition filed, enact an ordinance granting the ex-
clusive privilege, subject to approval and confirmation by Her
Majesty, and to the filing, within six months of such approval,
in the registry of the Supreme Court, of a certified copy of the
English Letters Patent and specifications.
Disclaimers. Disclaimers entered in respect of the English
Patent may, upon similar proceedings, be extended to Gib-
raltar.
169
Hong-Kong.
This is a British possession of some importance off the south east coast of
China at the mouth of the Canton river. In 1881 the imports from Great Brit-
ain alone amounted to upwards of 3,800,000, and the exports to Great Britain to
1,016,000, the chief export being tea. The population in 1876 was upwards of
139,000.
(Patent Law of July 3rd, 1862.)
The Governor in Council is empowered to grant patents for
inventions which have already been patented in England.
To whom granted. Patents are granted to the inventor
or to the owner, by assignment or otherwise, of the exclusive
right to the invention within the colony.
For what granted. Patents are granted for any inven-
tion already patented in England.
Novelty of invention. The invention must not have
been publicly used within the colony before the date of appli-
cation.
Duration of Patent. The duration of the colonial
Patent is limited to that of the English Patent, or to any less
term, at the discretion of the Governor. If the English Patent
be prolonged, the colonial patent may be extended also, or a
new one granted for a like period.
Procedure. A petition in due form to the Governor is
made by the English patentee, his agent, assignee, or personal
representative, accompanied by a declaration and specification,
170 HONG KONG.
identical, as far as possible, with the specification filed on the
petition for Letters Patent for the said invention in England.
Letters Patent granted under this ordinance confer all the
rights and privileges of, and subject the patentee to all the
provisions affecting, Letters Patent in England, as fully as if
the latter were extended to this colony.
Conditions of Grant ; -working invention, &c.
The law imposes no conditions as to working the invention in
the colony, nor as to importing or marking patented articles.
171
Jamaica.
This is tho largest of the British West Indian Islands. It has aa area of 4256
square miles and a population in 1881 of 580,804.
The principal agricultural products are sugar, coffee and pimento ; after these
maize, tobacco, ginger and arrowroot. The chief exports are^ sugar, rum, and
tobacco.
Kingston is the capital and seat of government.
(The Patent Law Amendment Act, 1857).
The Governor is empowered to grant in the name of Her
Majesty, and under the seal of the Island of Jamaica, Letters
Patent for the exclusive privilege of making, constructing, using
and vending any new invention, discovery, or improvement, for
the term of 14 years, and to grant Certificates of Addition for
improvements on the subject of the original patent (see Cer-
tificates of Addition).
To whom granted. Patents are granted to the true and
first inventor within the island, and his personal representatives,
and to the assignee of any person who may have taken out Letters
Patent for his invention in any other country ; but in the case of
an invention made abroad for which no foreign patent has been
obtained, the assignee cannot obtain the colonial patent. The
expression true and first inventor within the colony, would, if the
decisions of the English Courts be recognized as precedents, in-
clude the mere importer as well as the actual inventor, and this
is probably the case ; but in the absence of judicial decisions in
the colonial courts nothing positive can be affirmed on this point.
It is to be noted in this connection that the colonial Act
172 JAMAICA.
expressly provides that in case of doubt as to the construction of
the Act, it may be construed by analogy to the laws in force in
England, so far as the same may be applicable.
Fcr what granted. Patents are granted for any new and
useful art, machine, manufacture, or composition of matter not
theretofore known in the Island, or for any improvement in any
such invention and discovery. A valid patent cannot be obtained
for an invention the subject of a foreign patent which has already
expired.
Novelty of Invention. The invention may have already
been patented elsewhere, but must not have been introduced
into public and common use in the colony prior to the applica-
tion for the colonial patent.
Duration of Patent. The duration of the patent is four-
teen years from its date, with power of prolongation in certain
cases for a further term not exceeding seven years. If, how-
ever, the invention has been patented elsewhere prior to the
application for the Jamaica Patent, the duration of the latter
will be limited to that of the previous foreign patent which
shall first expire. A valid Jamaica Patent cannot be obtained
for the subject of a previously expired foreign patent. In any
case the duration of the Jamaica Patent is subject to the con-
dition hereafter mentioned as to working the invention (see
Conditions of Grant).
Date of Patent. The patent is usually dated as of the day
of application, but it may be dated as of any day between that
date and the date of actual sealing.
Extent of Grant. The patent extends to the Island of
Jamaica.
Procedure. The application is made by a petition con-
taining a short description of the invention, accompanied by a
declaration and a complete specification of the invention, in such
full clear and exact terms as to distinguish the same from all
other things before known or used in the Island, together with
-drawings (if any), to which may be added a model or a specimen.
JAMAICA. 173
The latter may however be, and is usually, dispensed with. If
the applicant be the assignee, the assignment duly proved, and
an affidavit setting forth the date of the 'foreign patent, must
accompany the application. The application is referred to the
Attorney-General, who may call in scientific assistance and order
costs thereof to be paid. The application having been duly
allowed must be advertised together with a general description
of the invention in the Official Gazette and one other colonial
newspaper, whereupon the Letters Patent may be issued.
Official Examination. There is no official examination
as to the novelty or utility of the invention, but the documents
are referred to the Attorney-General for approval.
Taxes. The patent is not subject to the payment of any
tax after the first application.
Certificates of Addition. Improvements on an inven-
tion for which a patent has already been obtained may be pro-
tected by a certificate, to be annexed to the original patent,
and to expire therewith, the proceedings being similar to those
on an original application.
Conditions of Grant ; working invention. The
invention must be brought into operation in the colony within
two years from the date of the patent, otherwise the patent
will become void.
Importation and Marking of patented articles.
The law does not prohibit the importation by the patentee of
articles made under the patent, and does not impose any obli-
gation to mark the articles patented.
Amendments and Disclaimers. Patents void by
reason of a defective description, or by reason of claiming too
much, may, provided the error has arisen by inadvertence, and
without any fraudulent intention, be surrendered and re -issued
upon an amended description. Disclaimers and alterations of
any part of the specification may also be entered.
Assignments. Assignments and licenses, whether of the
whole or any part of the patent, must be registered in the
office of the Island Secretary.
174 JAMAICA.
Infringements. Patents may be deemed good and valid
in law for so much only of the invention as shall be proved to
be the patentee's own, and of new invention, provided it be a
substantial part of the thing patented ; and suits may be main-
tained in respect of any infringement of such new part,
although the specification may embrace more than the patentee
has a legal right to claim. Infringers are liable to pay a sum
equal to three times the actual damage sustained by the
patentee by reason of such infringement, such damages being
recoverable by action in the Supreme Court of the Island.
175
Mauritius.
Mauritius, or the Isle of France, is an island in the Indian Ocean. The chief
town is Port Louis. There are numerous islands dependent on the Q-overnor of
Mauritius, the chief being Rodriguez and the group of the Seychelles. In addi-
tion to these th<-re is the group of the Amirante Islands, and several others,
producing principally cocoa nut oil. Sugar is the principal product of Mauritius,
after which come cotfee, cocoa, rice, indigo, and ipices. The principal exports in
addition to sugar are aloes, fibre, vanilla, cocoa nut oil and rum.
(Ordinance No. 16 of 1875.)
Patents of Invention are granted by the Governor for
fourteen years for any new invention.
To whom granted. Patents are granted to the actual
inventor whether native or foreigner, and his personal repre-
sentatives, and also to the assignee of the actual inventor. In
case of joint inventors, the patent must be in their joint names.
The importer into Mauritius of a new invention is not deemed
an inventor unless he be the actual inventor.
For what granted- Patents are granted for new and
useful discoveries, new or improved chemical products, new or
improved modes of applying known processes or forces whereby
a new or improved product or preparation is made, and also any
new or improved art, process or manner of producing, preparing
or making an article, and also any new or improved article
prepared or produced by manufacture.
No patent will however be allowed to include several distinct
and separate inventions, but where one invention is applicable
to several manufactures, or several inventions are applicable to
176 MAURITIUS.
the same manufacture, the whole may be included. No patent
will be granted for an invention the subject of an expired
foreign patent.
Novelty of Invention. If an English Patent has already
been obtained for the same invention, the holder of the English
Patent must apply in Mauritius within 12 months of the date
thereof, and in that case publication of the invention in
Mauritius between the date of the English Patent and the date
of application in Mauritius is not material. In other cases the
invention must not have been publicly used or published either
in Mauritius or in the United Kingdom of Great Britain and
Ireland, prior to petitioning for the Mauritius Patent. The
user in public by the inventor, his servants, or licensee, for not
more than one year prior to the date of petitioning for the
Mauritius Patent, does not deprive the invention of the attribute
of novelty, nor does public use or publication of the invention
by others for not more than six months, if a knowledge thereof
has been obtained surreptitiously or in fraud of the inventor.
Duration of Patent. Patents are granted for fourteen
years from the date of the patent, and may be prolonged for any
period not exceeding fourteen years in addition, as the Governor
General in Council may deem fit. When an English Patent
for the same invention has already been obtained, the duration
of the Mauritius Patent is dependent on the continuance of the
English Patent. A valid Mauritius Patent cannot be obtained
for an invention, the subject of a foreign patent which has
already expired.
Date of Patent. The date from which the patent runs is
the date of application.
Extent of Grant. The patent extends to the colony of
Mauritius and its dependencies, comprising the Seychelles
Islands, and Rodrigues.
Procedure. A petition accompanied by the necessary
documents is tiled in the office of the Colonial Secretary, and
is referred to the Procureur-General, by whom protection for
MAURITIUS. 177
six months is granted. In case of an adverse decision an
appeal lies to the Governor in Council. The application must
then be advertised in the Government Gazette within two
months of the certificate of protection. Objections to the
grant of the patent may be entered within one month from
the date of advertisement and may by consent be heard by the
Procureur-General ; otherwise they are referred to the Supreme
Court for decision. Before the patent is sealed a printed copy
of the petition and specification must be deposited.
Official Examination. No examination is made as to
the novelty or utility of the invention.
Taxes. The patent is not subject to any tax beyond the
fees on application.
Conditions of Grant ; working invention. The
law imposes no obligation to put the invention into practice in
the colony.
Importation and Marking of patented articles.
The law does not prohibit the importation by the patentee of
articles made in accordance with the patent, and there is no
necessity to mark the patented articles.
Revocation. The patent may be cancelled if it be proved to
the satisfaction of the Governor in Council that it is prejudicial
to the public, or that any special condition upon which it was
issued has been broken. Any person may also apply to the
Supreme Court to declare that the patent shall be revoked, for
want of novelty or utility of the invention, for insufficiency of
the specification, or because the patentee is not the inventor
within the meaning of the law.
Amendments and Disclaimers. Amendments to cor-
rect errors, defects, or insufficiencies in the petition or specifi-
cation, or to disclaim old parts erroneously claimed, may be
made by petition, declaration, and memorandum, or specifica-
tion, in the same way as an original application.
Assignments and Licenses. The assignment of a
patent must be registered in the colony.
N
178
Natal.
Thii is a British colony on the south-east coast of Africa, haying an area of
18,750 square miles and a population of about 400,000. The principal products
are sugar, indigo, coffee, arrow-root, tobacco and rice. Sheep's wool is the most
important export and after this raw sugar, coffee, hides and skins. The chief
mineral productions are coal and lime.
(Colonial Act No. 4 of 1870.)
Patents are granted by the Lieutenant Governor for the sole
and exclusive working, making, and enjoyment of any invention
for any term not exceeding fourteen years, subject to the con-
ditions and taxes hereafter mentioned.
To whom granted. Patents are granted to the true and
first inventor within the colony. In the absence of any judicial
decision on the subject in the colonial Courts the judges would
undoubtedly follow the English precedents, and therefore the
expression, true and first inventor within the colony, may be
construed to include the importer as well as the actual inventor.
For what granted. Patents are granted for any manner
of new manufacture within the meaning of the English Patent
Law. A valid patent cannot be obtained in Natal for an
invention the subject of a foreign patent which has already
expired.
Novelty of Invention. The invention must not have
been publicly used in Natal before the application for the
patent.
Duration of Patent. The duration of the patent is four-
teen years from the date of application, but subject to the pay-
ment of certain taxes (see Taxes), and to the condition that, in
NATAL. 179
case of an invention first invented out of the colony, and for
which a patent has been obtained elsewhere before application
for the colonial patent, the life of the colonial patent is depen-
dent on that of the prior foreign patent which shall first expire.
If a foreign patent for the same invention has lapsed prior to
the grant of the colonial patent, the latter has no validity.
Date of Patent. The patent dates and runs from the day
of application.
Extent of Grant. The patent extends to the colony of
Natal.
Procedure. A provisional specification, signed by the
applicant, may be deposited in the first instance, whereby six
months' protection is acquired, conferring the same powers,
rights, and privileges, as Letters Patent, including the right to
use and publish the invention. This provisional specification is
kept secret for six months, and the Attorney General may
require it to be amended.
In lieu of a provisional specification, a complete specification
fully describing the invention may be filed whereby similar
privileges are acquired for six months. In either case notice to
proceed must be given eight weeks before the expiration of the
protection, and an appointment obtained, which must be adver-
tised in certain newspapers at the applicant's expense, where-
upon objections may be entered to the grant.
The Attorney General having heard and disposed of such
objections (if any) may then issue a warrant for the Letters
Patent, subject to such conditions as he may deem proper.
Application must be made to seal the patent within three
months from the date of the warrant and before the expiration
of the protection^ (except in case of accident). The Letters
Patent are then issued in accordance with the terms of the
warrant.
Official Examination- No examination is made as to
the novelty or utility of the invention, but the application is
referred to the Attorney General for perusal.
2 N
180 NATAL.
Taxes. The duration of the patent is subject to the
payment of 5 and 10 before the expiration of the 3rd and 7th
years respectively from the date of the patent.
Conditions of Grant ; working invention. The law
imposes no obligation to put the invention into practice in the
colony.
Importation and Marking of patented articles.
The importation by the patentee of the patented articles is
not prohibited, and they are not required to be marked in
any way.
Amendments and Disclaimers. The patentee or his
-assignee may enter disclaimers and amendments to the
specification to which opposition may be entered, the procedure
being similar to that on an application for patent.
Prolongation and Confirmation of Patent. Power
is provided for the extension of the patent for a term not ex-
ceeding fourteen years beyond the original term for which it
was granted, and for its confirmation in case of invalidity,
the proceedings being under the jurisdiction of the Supreme
Oourt.
Assignments and Licenses. Assignments and Licenses
whether complete or partial must be registered in the colony
before they can have any validity.
181
Newfoundland.
This is an island of British North America, at the mouth of the G-ulf of SL
Lawrence, having an area of 40,200 square mile?, and a population of upwards of
170,000. The capital is St. John's, and this is the only town of any consider-
able importance in the island. The chief exports are fish, fish and seal oil, seal
skins, and copper ore. Labrador is a dependency of Newfoundland.
(Patent Law of 1856.)
The Governor is empowered to grant Letters Patent under
the Great Seal of the Island, for the term of fourteen years,
conferring the full and exclusive right and liberty of making,,
constructing, using, and vending, new and useful inventions.
Improvements made subsequent to the date of the patent
may be incorporated with the original grant (see Certificates of
Addition).
To whom granted. Patents are granted to the in-
ventor or holder of Letters Patent in some other country, or to
his assignee. But in the case of an invention made abroad, for
which no foreign patent has been obtained, the assignee cannot
obtain the colonial patent.
For what granted. Patents are granted for any new
and useful invention, discovery, or improvement in any art,
machine, or composition of matter. A simple change in the
form or proportions of a machine, or composition, in any degree,
is not deemed an invention (see also Novelty of Invention).
Novelty of Invention. The invention must not have
been known or used, either in the Island or elsewhere, except it
has been patented in some other country, in which case it must
182 NEWFOUNDLAND.
not have been introduced into public and common use in the
colony prior to the application for a patent therein. No patent
is granted for an invention made abroad but not patented
there, and a patent granted for the subject of a foreign patent,
which has already lapsed, is of no validity.
Duration of Patent. The duration is fourteen years
from the date of the patent, which term may be extended for a
further term of seven years. In the case of an invention
previously patented in some other country, the colonial patent
lapses with the expiration of the previous foreign patent which
may first expire (see also Conditions of Grant).
Extent of Grant. The patent extends to the whole
colony of Newfoundland.
Procedure. A petition to the Governor, accompanied by
an affidavit, and a fall and complete specification, clearly
describing and distinguishing the invention (together with
drawings, if necessary), are to be delivered to the Colonial
Secretary, together with a model or specimens of ingredients
and composition of matter. The model may, however, be dis-
pensed with. The application having been referred to the
Attorney-General to be examined, and duly advertised for four
weeks in the Royal Gazette and one other colonial newspaper,
the Letters Patent are issued.
Official Examination. No examination is made as to
the novelty or utility of the invention, but an examination of
the documents is made.
Certificates of Addition. A patentee may, upon like
proceedings as in the case of an original application, annex to
his original specification, a specification of an improvement
upon his origina invention, and thereafter it will have the
same effect in law as if it had been embraced in the original
specification and recorded therewith.
Conditions of Grant; working invention. The
invention must be brought into operation in the colony within
NEWFOUNDLAND. 183
two years from the date of the patent, otherwise the patent
will become void.
Importation and Marking of patented articles.
The law does not prohibit the importation by the patentee of
articles manufactured in accordance with the patent, and does
not require the patented articles to be marked in any way.
Amendments and Disclaimers. Disclaimers of any
portion of the invention may be entered, and the patent may
be surrendered and re-issued upon an amended specification.
Assignments. Assignments of patents must be duly
recorded in the office of the Colonial Secretary.
Infringements. Infringers are liable to three times the
actual damage sustained by the patentee by reason of the in-
fringement, such damages being recoverable in any superior
court of the Island. ^The patent may be adjudged void upon
proof that the specification is insufficient or deceptive, or that
the invention was not made by the patentee, but had been in
use or described in some public work before the supposed dis-
covery by the patentee, or that the patentee had surreptitiously
obtained a patent for the invention ol some other person.
A patent may be held jvalid in respect only of any material
part of an invention, provided it be plainly distinguishable from
the remainder, notwithstanding that another portion may, by
inadvertence, have been improperly claimed ; and suits may be
maintained in respect of such part as is actually the patentee's
invention although the specification embraces more than he has
a legal right to claim.
184
St. Helena.
This is a. British possession in the Atlantic, having an orea f about 4f> square-
miles. It has a fine natural harbour t James Town, ai.d i# -vi i rportant calling
place for ships passing between Kurort) and the east by the Cape route.
(Ordinance No. 3 of 1872.)
Letters Patent granted under the Great Seal of the United
Kingdom of Great Britain and Ireland may be extended to, and
have the same force and effect in, the Island of St. Helena.
To whom granted. The patent right is granted to the
English patentee, his executors, administrators, or assigns.
For what granted. The patent right is granted for the
invention for which the English Patent was granted.
Duration of Grant. The duration of the patent right is
limited to the unexpired residue of the English patent, including
any prolongation thereof.
Procedure. Certified copies of the English Letters Patent
and specification are to be filed in the Registry of the Supreme
Court.
In all cases of doubt and difficulty not provided for by the
Ordinance, or by the local laws of the island, the same shall be
guided and governed so far as is practicable by the law in force
in England.
185
Sierra Leone.
This is a settlement in West Africa belonging to Great Britain, and comprises-
the peninsula Sierra Leone, Sherboro Island, and the Isle ce Los, having an area
of 468 square miles, and a population of about 70,000. The exports are ginger,,
cocoa nuts, indiarubber, gum-copal, liides, and palm-oil. The capital is Freetown.
(Ordinance of 1862.)
All laws and statutes which were in force within the realm
of England on January 1st, 1862, not being inconsistent with
any Royal Charter in force in this colony, or with any Letter or
Letters Patent, or order in Council issued in pursuance thereof,
or with any Ordinance in force in this colony, or with any rule
made in pursuance of any such 'Ordinance, shall be deemed and
taken to be in force in this colony, and shall be applied in the
administration of justice so far as local circumstances will
permit.
No Act of Parliament that was not in force in England on
January 1st, 1862, shall be in force, or applied in the adminis-
tration of justice in this colony, unless the Act shall contain
words which, by legal construction, would extend the Act to-
this colony, or unless the Act shall be extended to this colony
by an Ordinance of the Legislature of this colony.
186
Straits Settlements
These are British dependencies in the Straits of Malacca consisting of the
islands of Singapore, Binding or Fancore, and Fenang, the district of Malacca and.
the Frovince Wellesley. They are all subject to the Governor at Singapore.
The exports comprise sugar, spices, sago, tapioca, hides, tea, coffee, tobacco,
gums.
The population is about 350,000.
(The Inventions Ordinance, 1871.)
Letters Patent are granted by the Governor in Council under
the public seal of the colony for the term of fourteen years for
any new and useful invention.
To whom granted. Patents are granted to the actual
inventor or to the importer of an invention not publicly known
or used in the colony, and to the assignee or the executor,
administrator, or heir of the inventor or owner of the invention.
For what granted. Patents are granted for any new
and useful invention, or improvement, in any art, process, or
manner of producing, preparing, or making an article, and also
any article produced by manufacture.
Novelty of Invention. The invention must not, prior to
the application for patent, have been publicly used by any others
than the inventor, his agents, or licensees, either in the United
Kingdom, in this colony, or in any other British possession.
Prior public use by others upon knowledge surreptitiously or
fraudulently obtained, will not defeat the patent provided the
latter be applied for within six months of the commencement
of such use.
STKAITS SETTLEMENTS. 187
Duration of Patent The duration of the patent is
fourteen years, which may be prolonged for a further term
not exceeding fourteen years. If the invention has already
been patented in the United Kingdom, or in any British
possession, the duration of the colonial patent will be limited
to the term for which such British or other patent may
remain in force.
Date of Patent. The date from which the duration of the
patent runs is the date of filing the specification.
Extent of Grant. The patent extends to the whole colony
of the Straits Settlements.
Procedure. If the invention has already been patented in
the United Kingdom, or in any British possession, the Governor
may, on petition stating the date and duration of such patent,
authorize the filing of a specification and exemplification of such
English or other patent, whereupon the exclusive privilege in
the colony will be acquired during the remainder of the term
for which such English or other patent may remain in force.
In other cases a petition to the Governor in Council for leave
to file a specification, accompanied by a declaration, is first filed,
and may be referred by the Governor for inquiry and report. An
order authorizing the filing of a specification is then made, sub-
ject to such restrictions as the Governor in Council may think
expedient. A specification must be filed within six months from
the date of such order, whereupon Letters Patent are issued.
Official Examination. No examination is made as to the
novelty or utility of the invention.
Taxes. The patent is not subject to the payment of any
taxes beyond those on the first application.
Conditions of Grant. The law imposes no obligation on
the patentee to bring his invention into practical operation in
the colony, does not prohibit the importation by the patentee
of articles manufactured in accordance with the patent, and
does not require patented articles to be so marked.
Revocation of Patent. The Governor General in Coun-
188 STRAITS SETTLEMENTS.
cil may revoke the patent if it, or the mode in which it is.
exercised, be mischievous to the State, or generally prejudicial
to the public, or upon proof of breach of any special condition
upon which the patent was granted.
Any person may apply to the Supreme Court to declare the
patent wholly or partly void, on the ground (a) that the inven-
tion, or part thereof, was not new at the date of the application
for the patent; or (6) that the patentee was not the inventor, but
that the applicant was the inventor, or that the inventor has
dedicated the invention, or part thereof, to the public ; or (c)
that the specification is insufficient ; or (d) that the patentee
has fraudulently included something not new or not of his
invention ; or (e) that the patentee has made a false statement
in his petition or specification.
The Court may, in case of want of novelty of part of ,the
invention, or in case of error, defect, or insufficiency, not fraudu-
lently intended, adjudge the patent valid in part; or may
adjudge it wholly valid, and order the specification to be
amended.
Amendments and Disclaimers- Disclaimers and
amendments made to the English or other prior patent may
be extended to the colonial patent. In other cases disclaimers
may be entered to any part of the invention erroneously
claimed as new, or any error, defect, or insufficiency of the speci-
fication may be cured or amended.
Infringements. An action for infringement cannot be
defended on the ground that the specification is defective, or
that the petition or specification contains a misdescription, or
that the invention is not useful ; nor on the ground that the
patentee was not the inventor unless the defendant shows that
he is the actual inventor or his assignee. But any such action
may be defended on the ground that the invention was not new
if the defendant, or some person through whom he claims,
proves that he has publicly or actually used the invention or
the part infringed, in the colony, or in the United Kingdom,
STRAITS SETTLEMENTS. 189
or in any British possession, prior to the application for the 1
patent.
The patentee of an invention in fraud of the true inventor
may, upon the application of the true inventor within two
years after the application for the patent, be compelled to
assign the patent to the true inventor, and to account to
him for the profits thereof.
190
Trinidad.
o
This island is the neit largest of the British West Indies after Jamaica, its area
being 1,754 square miles and the population about 154,000. The most important
products are sugar, molasses, rum, coffee, and pitch. The capital is Port of Spain.
(Ordinance No. 25, 1867.)
The Registrar- General of the Island is empowered to issue a
Certificate vesting in the applicant his executors, administrators,
or assigns the sole right and benefit of using an invention
within the island for the term of fourteen years.
To whom granted. The exclusive privilege is granted
to the inventor within the colony. This will include the actual
inventor, or his assignee, or the importer of an invention into
the colony.
For what granted. The exclusive privilege is granted
in respect of any new and useful invention.
Novelty of Invention. The invention must not have
been publicly used or exercised in the colony prior to the
application for the Certificate.
Duration of Privilege. The duration of the exclusive
privilege is fourteen years, and is apparently independent of the
continued existence of patents for the same invention ''else-
where.
TRINIDAD. 191
Date of Privilege. The privilege dates and runs from
the date o the certificate.
Extent of Grant. The privilege extends to the Island of
Trinidad.
Procedure. A declaration and specification of the inven-
tion are delivered to the Registrar-General, whereupon he will
deliver a certificate, which must be advertised in the Royal
Gazette. The specification may be delivered open or sealed,
and, if sealed, will be opened by the Registrar-General at the
expiration of six months, or earlier at the applicant's request,
and the specification will thereupon be registered.
Official Examination. No examination is made, either
as to the novelty or the utility of the invention.
Taxes. The exclusive privilege is not subject to the pay-
ment of any taxes after the fees on application.
Conditions of Grant. The law imposes no obligation
to put the invention into practice in the colony, does not pro-
hibit the importation by the patentee of articles made in
accordance with the patent, and does not require them to be
marked.
Revocation of Grant. The grant will cease, and become
void, if it be proved that the invention had previously been
publicly used, or exercised in the colony, or that the invention
is prejudicial or generally inconvenient.
Amendments and Disclaimers. Disclaimers and
amendments may be entered by the grantee or assignee of the
certificate of exclusive privilege.
Assignments. Assignments must be duly recorded in the
colony.
Infringements. The patentee is entitled to the like
remedies against infringers as the patentee of an invention
would be entitled to in like case by the law of England.
]92
The Leeward Islands.
-0
The Leeward Islands belonging to Great. Britain are Antigua, Montserrat, Sr.
'Christopher, (or St Kite's), Nevis, Dominica and the Virsin Islands. By an
Act passed in 1871 these colonies were formed into one. The Colony contains
about 118,000 inhabitants. Antigua is the most important of the group. The
principal productions are sugar, rum, molasses, coffee and lime juice.
(The Patent laiv Act, 1876.)
Letters Patent are granted for the exclusive right to make,
use, exercise, and vend, new and useful inventions in the
Leeward Islands for the term of fourteen years.
To whom granted. Patents are granted to the true and
first inventor within the colony. The expression true and
first inventor would probably be interpreted as in England, and
would in that case include the importer of a new invention into
the colony as well as the actual inventor.
For what granted. Patents are granted for any manner
of new manufacture the subject of Letters Patent and grant
of privilege within the meaning of the existing law of England
governing the subject ; but not for the subject of an expired
foreign patent.
Novelty of Invention. The Invention must not have
been known or used in the colony prior to the date of applica-
tion.
Duration of Patent- The duration of the patent is
fourteen years, subject to the payment of the taxes hereafter
mentioned (see Taxes), and to the condition (in the case of an
THE LEEWARD ISLANDS. 193
invention first invented abroad, or by the subject of any foreign
power or state, and which has been patented abroad before the
grant of the colonial patent) that the colonial patent shall
expire with the prior foreign patent which shall first expire.
If the foreign patent for the same invention has expired before
the grant of the colonial patent, the latter is invalid.
Date of Patent. The patent is dated as of the day of
application.
Extent of Grant. The patent extends to the whole of the
Leeward Islands comprised by the Colony.
Procedure. The application is made by a petition and
declaration accompanied by a provisional or complete specifica-
tion, and is referred to the Attorney General who may call in
scientific assistance if necessary, and order a remuneration to be
paid therefor. The Attorney General may thereupon allow the
application, whereupon protection is acquired for six months, and
the invention may be used and published during that time ; and
if a complete specification has been filed the same rights are
acquired as though Letters Patent had been granted. The
application must then be proceeded with and advertised, at which
stage objections to the grant may be made by other persons.
The application, together with any objections, is again referred
to the Attorney General, who after considering the same may
order a warrant for the sealing of the Letters Patent which are
then sealed by the Governor with the great seal of the Colony.
If a provisional specification was lodged in the first instance, a
complete specification must be filed within six months from
the date of the application.
Official Examination. No official examination is made
as to the novelty or utility of the invention.
Taxes. The patent is subject to the payment of a tax of
10 before the end of the third year, and a further tax of 20
before the end of the seventh year, from the date of the patent.
Conditions of Grant. The law imposes no obligation to
work the invention in the colony, does not prohibit the im-
o
194 THE !.;: i:\v.\iu> ISLANDS.
portation of the patented articles by the patentee, and does not
require the patented articles to be so marked.
Amendments and Disclaimers. The law provides for
the entry of disclaimers of parts of the invention erroneously
claimed, and for making amendments to the specification.
Assignments and Licenses. Assignments and Licenses
must be registered in the colony, and until so registered the
original grantee of the Letters Patent is deemed to be the
exclusive proprietor thereof.
195
The AVindward Islands.
The British Colonies of the Windward Islands comprise Barbados, St. Lucia,
Grenada, St. Vincent and Tobago. The population of the group is about 290,000.
The most important product is sugar, and in addition to this Barbados produces
rum and petroleum; St.Lucia cacao; Grenada cacao, coffee, spice*, &c.; St.VinceHt
arrowroot and cotton ; and Tobago, rum, molasses and coffee. Barbados is the
most important of the group.
Barbados.
This island has an area of about 106,470 acres. The population is about
172,000.
There is no general legislation relating to patents, but special
Acts are passed by the Colonial Legislature, granting to the
inventor, his executors, administrators, and assigns, the exclusive
privilege of making, using, and vending, new and useful
inventions in the island for a term generally of seven years (but
sometimes of fourteen years) subject only to the proviso
that a specification be filed in the Colonial Secretary's office
within three months after the passing of the Act.
o 2
196
St. Lueia.
-o
This island comprises an area of 250 square miles. The population is about
39,000.
There is no general Patent Law in this colony, but a special
ordinance is obtainable upon petition to the Governor in
Council, conferring the exclusive right to make, use, exercise,
and vend, any new and useful invention within the colony for
fourteen years from the date of proclamation of the ordinance.
Exclusive privileges are granted to the inventor, his executors,
administrators, and assigns. The invention must be new as to
the public use and exercise thereof within the colony. A speci-
fication fully describing the invention must be filed within six
months from the date of proclamation of the ordinance. The
ordinance usually fixes a penalty of 250 for infringement.
St. Vincent.
-0-
This island has an area of 132 square miles. The population is about il,00.
There is no general Patent Law in force in this island, but a
special Act is obtainable on petition, conferring on the inventor,
his executors, administrators, and assigns, the exclusive right to
make, use, exercise, and vend, any new and useful invention in
the island for the term of fourteen years, the only condition
being the filing of a specification of the invention within six
months of the passing of the Act.
107
Grenada.
This island contains about 76,538 acres, and his a population of 43,000.
Letters Patent for inventions not known within the Island
of Grenada are granted by the Governor and Legislative As-
sembly, securing to inventors the exclusive right and privilege
of in any way whatsoever using, employing, applying, and vend-
ing their inventions within the Island and dependencies thereof
for the term of fourteen years.
Proceedings may be taken in a Court of Equity, or in a
Court of Law, for protecting the patentee's interests, and for
the recovery of damages. The mode of procedure in any
suit in an action, and all pleadings with respect thereto, are in
conformity with the practice in like cases in the Chancery
Division of the High Court of Justice in England.
FINIS.
I N I) K X .
ACT, Patents, Designs, and Trade Marks, commencement of .1
ACTION for groundless threats of legal proceeding* . . .19
ADVERTISEMENT -of complete specification . . . .12
of amendment to patent . . . .14
of application lor trade mark . . .26
AG-ENT3 my obtain patents for inventions communicated from abroad . 7
ALTERATIONS in law relating to patents . . . .1
,, effect of . .2
,, designs . . . .20
,, ,, trade marks . . ,. .24
AMENDMENT of patent specification, procedure on . . .14
,, opposition to . .14
,, ,, provisions as to, pending action . 14
,, ,, adverti.-ement of . . . 14
,, ,, must be r.-gisterrd . . 14
of application for registration of design . . .22
,. trade mark . . 27
AMERICA, UNITED STATES OF patent l,,w of . . .47
patents, to whom granted. . 47
patents, for what granted. . 47
novelty ol invention . . 48
duration, date, and extent of patent 48
procedure . . .48
model . . . .49
official examination . . 49
taxes . . . .49
objections or interferences . 49
conditions of grant; working in-
vention . . .49
importation and marking of
patented articles . 49
re-issues and disclaimers . . 50
assignments and licenses . . 50
joint owners . . .51
ANNUAL TAXES, substitution of for stamp duties heretofore payable
on patents. .
application of, to existing patents
ANTIGUA patent law of (see Leeward Islands) . . .192
APPEAL to kw officer from Comptroller's decision on an application for
patent ...
to law officer on comparison of conflicting applications'Jor patent 11
to law officer on comparison of provisional and complete
specifications ... .11
to Boird of Trade from refusal to register design
trademark . . 26
11 INDEX.
APPLICANTS for patent, joint ...... 7-S
APPLICATION FOR PATENT, who may apply .... 7
by two or more persons jointly, of whom
one only is the inventor . . 7-8
do. do. do. efl'ect of . 8
procedure on . . .10
to be referred to an examiner . . 10
Comptroller may refuse . . . 8-11
by legal personal representative of
inventor ... .8
do. do. when to be made . 8
fraudulent, inventor not prejudiced by . 9
APPLICATION for registration of design, procedure on . . .21
, ,, trade mark, procedure on .26
,, ,, ,, Comptroller may refuse .25-27
,, ,. advertisement of , . 26
,, ,, ,, when to be completed . 27
ARGENTINE KEPUBLIC patent law of . . . . 92
ASSESSOR, Power of Court to call in aid of . . . . 18
ASSIGNMENT of patent to be registered . . . . 1&
of patent may be for any place in, or part of, the United
Kingdom . ... . . .16
of copyright of design to be registered . . .2*
of trade mark ' . . . . .28
of trade mark only in connection with goodwill of business 30
AUSTRALIA patent laws rf. See under the following Colonies :
Victoria . . . ' . . . . 124
New South Wales . . . . . .127
Queensland ....... 129
South Australia ...... 131
Western Australia ...... 134
New Zealand. ...... 136
Tasmania . . . . ... . 140
AUSTRIA HUNGARY patent law of 61
BARBADOS patent law of . . . . . .195
BELGIUM patent law of ... ...
patents, to whom and for what granted . . .39
novelty of invention . . . . . . 40
duration, date, and ex' ent of patent . . . .40^
procedure ....... 40
official examination . . . . . .41
taxes ........ 41
patents of improvement . . . . .41
conditions of grant ; working (mention . . .41
importation and marking of patented anicles . . .42
revocation of potent . . . . . .42
assignments and licenses . . . . .42
BOARD OF TRADE may order grant of licenses . . . .15
appeal to, against refusal to regis-ter design . 21
trade mark . 26
BRAZIL patent law of .... 97
BRITISH: GUIANA patent law of
BRITISH HONDURAS patent law of
BRITISH INDIA. See India
CANADA patent law of .
CAPE OF GOOD HOPE patent law of
143
146
149
155
152
CERTIFICATE of refusal to register old trade mark . . .29'
of registration of design . . . . .22-
INDEX. ill
CEYLON patent law of .... . 161
CHANNEL ISLANDS, Act does not extend to . . .13
CHILI patent law ot . . . . . . .101
CHINA 91
CLERICAL ERRORS, Comptroller may correct in applications for patents 14
,, ,, registration of designs . 22
trade marks 27
COLOMBIA, UNITED STATES OF-patent law ... 104
COLONIES, BRITISH what provisions apply to, and when, in respect
of patents . 17
designs . 23
trade marks 28-
COLONIES, BRITISH patent laws of. For Analytical Summaries see
separate heads.
COLOUR registration of trade mark in any . . . .24
COMMUNICATION of indentions from abroad .... 7
COMPLETE SPECIFICATION to particularly describe invention 10, 11, 12
to be accompanied by drawings . . 10-
to contain a distinct statement of claim. 10
to be referred to examiner . . 11
Comptroller may require amendment of 11
appeal from Comptroller's decision to
law officer . . . .11
time for leaving . . . .11
to be compared by examiner with pro-
visional specification . . 11
must be accepted within twelve months. 12:
notice of acceptance of, to be given by
the Comptroller to the applicant . 12
amendment of . . 11-14
publication of . . .12
infringements committed
prior to .12
COMPTROLLER powers and duties of (see separate heads)
COMPULSORY LI CEN S e S patentee may be compelled to grant licenses 15
patents granted prior to Act not subject to . 15-
CONDITIONS OF GRANT . ... 14
importation of patented articles by patentee 15
marking patented articles . . . 15
working invention in the United Kingdom . 14
(See also Compulsory Licenses). 15
COPYRIGHT IN REGISTERED DESIGN, to whom granted . . 20
proprietor of, who is . 20-
for what granted . . 21
duration of . .21
procedure to obtain . 21
may be refused . . 21
appeal from Comptroller's
decision to Board of Trade 2 1
conditions of . .22
et user in case of non user . 22
search for . . .22
unexpired, not open to
public. 22
fees on application for . 22
assignment of . .23
COST OF OBTAINING PATENTS . . . . . 30
COSTA RICA-patent law of ... . . 106
IV INDEX.
COSTS in patent actions subsequent to grant of certificate of validity . 18
of opposition to trademark . . . . . .27
CROWN, patent to bind ....... 18
officers of, n>ay use invention on terms . . . .18
DAMAGES for infringemnt of copyright of design . . .23
DAPE OF PATENT ....... 9
DEATH OF INVENTOR before application for pntent . . .8
after application for patent . . .12
DECLARATION to be made by appliaant for patent . . .10
DENMARK patent law of . . ... 81
DESIGNS, alterations in law relating to
copyright in, to whom granted .
proprietor of copyright, who is ,
copyright in, for what granted .
definition of
novelty of ...
procedure to obtain registration of
duration of copyright in
. 20
. 20
. 20
. 21
. 21
'. . 21
. 21
... 21
only protected in class for which registered . . .22
fees on application to register . . . . .22
may be registered in more than one class . . 21-22
may be shown at exhibitions on certain conditions . . 21
conditions of copyright in . . . .22
copyright in, to cease if design not used in this country . 22
articles to be marked before being sold . . . 21-22
registered, not open to public inspection . . .22
international arrangements respecting . . .23
DISCLAIMER of part of patented invention pending legal proceedings. 14
of common marks as additions to trade marks . . 25
DOMINICA patent law of (see Leeward Islands) . . .192
DRAWINGS to be furnished if required with provisional specification . 10
,, ,, ,, complete specification . 10
on application for registration of design . . .22
,. trade mark . .26
DURATION of protection ....... 10
of patent .......
runs from date (see Date r>f Patent) . . 9
not dependent on previous foreign patent . .9
see also under Prolonyation . . . .15
of copyright of design. . . . .21
of right to trade mark . . . . .26
ECUADOR patent law of . . . . . . .106
EGYPT ' . . . .90
ERROR IN ENTRY OF TRADE MARK Comptroller may correct . 27
EXAMINATION of application to register trademark . . .27
EXAMINERS-duties of 10-11
application for patent to be referred to . .10
report of, not made public. ....
EXHIBITION invention may be shown at, on certain conditions. . 9-17
,. ,, procedure thereon . 17
design may be shown at, on certain conditions . . 21
., ., procedure thereon . . 21
EXISTING PATENTS 16
Act to extend to those dated 1881, 1882, and 1883 16
,, ,, except as to binding Crown . 17
., ,, except as to compulsory licenses. 17
EXTENSION OF PATENT . . . . . . 15
procedure to obtain . . . .16
INDEX. V
EXTENSION OF PATENT must N> registered . . . .16
duration of . . . . . -16
EXTENT of patent ........ 13
of right to trade mark . . . . . .26
FEES, on patents, amount of ..... 13-30
patent to cease if not paid . . . .13
Comptroller may enlarge time for payment of . .13
,, exis'ing prior to Act . . . . .13
on designs, on registration of copyright . . . .22
on trade marks, on registration . . . . .27
consequence of non-payment of . .27
FFJI patent law of . . . . . . . .165
FINLAND -patent law of ....... 73
FTEST AND TRUK INVENTOR, who is .... 7
FOREIGN DESIG-NS rights of owners of, abroad to obtain registration
here. See International Arrangements . 23
FOREIGN INVENTIONS rights of patentees abroad to obtain patents
here. See International Arrangements 17
FOREIGN STATES rights of holders of patents in . .17
procedure by ... 17
rights of proprietors of designs in . . .23
procedure by . 23
rights of proprietors of trade marks in . . 27
procedure by . 27
FOREIGN TRADE MARKS -rights of owners of, abroad to obtain
registration here. See Inter,
national Arrangements . . 27
FRANCE patent law of .
patents, to whom and for whiit granted .
novelty of invention . . . . . .35
duration, date, and extent of patent . . . .35
procedure ..... .35
official examination .....
taxes ........ 36
patents of improvement ....
certificates of addition . . . . . .36
conditions of grant ; working invention.
importation and mfirking of patented articles . . .37
revocation of patent .....
assignments and license* . . . . .38
infringements ......
FRAUD inventor not prejudiced by application in.
GERMANY patent, law of .
patents, to whom and for what granted
novelty of invention ....
duration, dte and extent of patent .
procedure .....
model ...... **
official examination ...-
taxes . . . . . '
certificfltes of addition. . . .
conditions of grant ; working invention
importtion and marking of patented articles.
revocation of patent ... . .
assignments and licenses .
compulsory licenses .
GIBR \LTAR-pptent law of
GREECE patent law of ...
VI
INDEX.
GRENADA patent law of . .... 197
GUATEMALA patent law of . .... 107
GUIANA, BRITISH. See British Guiana . . . .143
HAWAIIAN ISLANDS . .... 109
HAYTI .... .... 109
HOLLAND .... .... 90
HONG KONG patent law of .... 169
IMPORTATION of patented articles from abroad by patentee not prohibited 15
IMPORTER is true and first inventor in law . . .7
INDIA- patent law of . . . . . . .149
INFRINGEMENT of copyright of design, remedy for . . 22-23
INFRINGEMENT OF PATENT what is . .-.'.' - 19
acti.n for . . . .18
cannot be commenced till
patent sealed, nor for
infringements com-
mitted prior to publi-
cation of complete
specification . . 12
statement of claim in . 18
particulars of breaches in . 18
statement of defence in . 18
particulars of objections in 18-
certificate of validity in . 18
effect of 18
where patent amended . 14
INFRINGEMENT OF TRADE MARK
Action for, not to be brought unless trade mark
registered 24 28
unless registration
refused in case
of old marks 24-28
,, by proprietor of foreign mark 27
INTERNATIONAL ARRANGEMENTS respecting paten a . 17
designs . . .23
trade marks . . 27
INTRODUCTION . . . . .1
INVENTION definition of . . . . . &
novelty of . . . .9
prior publication of in book . . .9
INVENTOR true and first, who is. . . .7
ISLE OF MAN Act extends to . . .13
ITALY patent law of . . . .5ft
JAMAICA patent law of . . . . 171
JAPAN patent law of . . .91
JOINT APPLICATION for patent . . .7-8
effect of . &
LAW OFFICER -appeals to from decisions of Comptroller . 11
LEEWARD ISLANDS - patent law of . . . .192
LEGAL PROCEEDINGS groundless threats of, remedy for . 19
for piracy of registered design (see under In-
fringement)
for piracy of trade mark (see under Infringe-
ment)
LIBERIA -patent law of . . . . . . .111
LICENSES Board of Trade may order patentee to grant. . . 15
existing patents not subject to provision m? to . .15
must be registered . . . . . .16
INDEX.
VU
LUCIA ST. patent law of . . . . . 1 96
LUXEMBOURG pa' ent law of ....
MARKING PATENTKD ARTICLES penalty for falsely 15
MAURITIUS patent law of . . . . . jys
MEXICO -patent law of ......
MONTSERRAT patent law of (see Leeward Islands) . . 392
NATAL patent law of ...... '. 173
NEVIS patent law of (see Leeward Islands) . . 192
NEWFOUNDLAND - patent law of ... 181
NEW SOUTH WALES patent law of . 1 . 127
NEW ZEALAND p .tent law of . . . . . .136
NICARAGUA patent law of . . . . . 114
NORWAY patent law of . . . . . . .76
NOVELTY of invention ....... 9
of design . . . . . . .21
OPPOSITION TO PATEN L 1 -procedure on . . . . 12
grounds of ... 12
OPPOSITION to amendments and disclaimers to patents . . .14
,, appeal to law officer . 14
to registra'ion of trade mark . . . .26
PATENTEE who may be . . . . . . .10
need not work patent . . . . .14
may import, patented articles from abroad . . .15
PATENTS, DESIGNS, AND TRADE MARKS' ACT commencement of 1
PATENTS alterations in law relating to ..... 1
,, effect of . . . .2
right conferred by . . . . . .1
to whom granted . . . . . .7
granted to inventor, conjointly with others . . f
granted to the importer of a new invention . . 7
for what granted ...... 8
date of ....... 9
extent of ... ... 13
duration of . . . .9
cost of obtaining . .... 30
fees on maintaining (see Taxes) . . . .13
to be for one invention only . . . . .8
to legal representative of inventor ... .8
contrary to law or morality may be refused . . .8
validity of, not guaranteed by official examination . .11
not invalidated by application in fraud of inventor . . 9
penalty for wrongfully using the word patent . . .15
dependent on payment of fees (see Taxes) . . .13
may be revoked . . . . .16
assignment and transmision of . . .16
PENALTY for falsely using word " patent " . . . .15
" registered " as applied to a design . 23
" registered " as applied to a trade mark. '28
for infringement of copyright of design. . . .23
PORTUGAL patent law of 66
PRIOR PUBLICATION See Publication.
PROCEDURE on application for letters patent . . 10
registration of copyright of design . 23
trade mark . . 28
PROLONGATION OF PATENT. . ... 15
j-roce'lure on . . .15
PROPRIETOR definition of, of registered design . . . .22
PROTECTION provisional. ...... 10
Vlll INDEX.
PROTECTION provision*! duration of . . . . .10
complete . . . . . . .10
., duration of . . . .10
efiectof. . . . . .10
PROVISIONAL SPECIFICATION to describe invention . . 10
to be accompanied by drawing* . 10
kept secret until complete specifica-
tion is fiLd . . 10
to be referred to examiner . . 10
notice of acceptance of will be given 11
PUBLICATION of invention prior to application for patent . . 9
patents for foreign inventions not invalidated by, under
certain circun. stances (see International arrangements 17
during provisional protection obtained in fraud . . 9
at International Exhibitions, see Exhibitions . . 17
of complete specification after advertisement . . 12
of foreign design, copyright not- invalidated by, under
certain conditions (see International Arrangements . 23
of design at Exhibitions . . . , .21
QUEENSLAND patent law of . . . . . .129
REPEAL of previous enactments relating to patents . . .1
do. do. do. designs . . .20
do. do. do. trade marks i. . .24
REGISTER OF DESIGNS ...... 23
REGISTER OF TRADE MARKS -removal from, in case of non-pay-
ment of fees . . .27
REG-ISTERED penalty for falsely representing design as . . .23
penalty for falsely representing trade jiark as .28
REGISTRATION of designs; see under Designs
procedure . . . .21
certificate of . . . .22
of trade marks (see under Trade Marks)
procedure . . . .26
to be completed within 12 months from
application . . .27
conditions of . . 25-26
renewal of . . .27
of amendments to patents . . . .14
of extensions of patents . . . .16
RENEWAL of registration of design . . . . .27
REPRESENTATIONS of registered design to be supplied before sale of
articles , . . . . .2)
REPRESENTATIVE of deceased inventor may obtain grant of patent . 8-12
REVOCATION of, patent, by scire facias abolished . . .16
petition for. . . . . .16
by whom may be presented . . .16
grounds of . . . .16
obtained in fraud, and grant to true inventor . 16
must be registered . . . .16
RUSSIA patent law of ....... 69
SAINT HELENA patent law of ....... 184
SAINT KITTS patent law of (See Leeward Islands) . . . 192
SAINT LUCIA patent law of . . . . . 196
SAINT VINCENT patent law of . . . . .196
SALVADOU patent law of. . .... 115
SCANDAL JUS design will not be registered. . . . .21
trade mark do. do. . . . .26
SCIRE FACIAS -proceedings by, abolished . . . .16
INDEX. ix
SEALING- OP PATENT-when to be sealed . . . . \%
date of . . . . . .12
in case of conflicting applications . . 13
SECURITY for costs of opposition to trade mark . . . .27
SEEIES OF TRADE MARKS registration of . . . .26
SIERRA LEONE patent law of . . . . . 185
SOUTH AUSTRALIA patent law of . . . . 131
SPAIN patent law of . . . . . .52
SPECIFICATION amendment of . . . . . .14
SPECIFICATION PROVISIONAL requirements of . . .10
to be accompanied by drawings . . . 1Q
kept secret until complete specification is filed. . 10
to be referred to an exan.iner . . . .10
Comptroller may require amendment of . .11
notice of acceptance of, sent to applicant . . 1]
SPECIFICATION COMPLETE requirements of . . 10, 11, 12
time for leaving . . . . .11
to be compared with provisional specification . . 11
must be accepted within 12 months . . .12
notice of acceptance of, sent to applicant . . 12
publication of . . . . . .12
amendment if. . . . . 11-14
SPECIMENS of registered design to be supplie I, before sale of articles . 21
STRAITS SETTLEMENTS patent law of .... 18
SWEDEN- patent law of . . . . . . .78-
SWITZERLAND 91
TASMANIA patent law of . . . . . . . 140
TAXES payable to maintain patents in force. . . . .13
payable on patents existing at commencement of Act . . 13
time for payment of. ...... 13
,, may be enlarged . . . .13
THREATS OF LEGAL PROCEEDINGS remedy against patentee for
groundless . . 19
TRADE MARK registration of, to whom granted . . .25
definition, of . . . . . .25
Comptroller may refuse registration of objectionable'
marks . . . . . 25-26
Comptroller may refuse registration of mark similar to
one previously on the register . . .27
appeal from Comptroller to Board of Trade . . 25
essential particulars of new mark . . .25
essential particulars of old mark . . .25
used before August 13, 1875 . . .24, 25, 29
must be registered for particular class of goods . 24-26
may be registered for more than one cl"ss . . 24
may be registered in any colour . . .24
only assignable with goodwill of business . . 28
duration of right to . . . .26
renewal of right to . . . .27
right to, determinable with goodwill
extent of right to 26
date of right to .
procedure on application to register
application to be completed within 12 months . . 27
examination of application ... . .27
series of similar marks may be registered in one
application .... .26
same or similar marks cannot be again registered . 27
X INDEX.
TRADE MARK scandalous design not to be registered . . .26
common marks may be registered as additions to . 25
but must be disclaimed 25
what partioulars are to be deemed common . . 25
effect of registration of . . . . .24
registration of, to be prima facie evidence of pro
prietor's riuht . . . . .24
registration of to be conclusive evidence after five years 24
alteration of, by leave of the Court . . .27
international arrangements respecting . . .27
rights of owners of foreign . . . .27
falsely representing trade marks as registered, penalty for 28
assignment of trade mark . . . . 2S
TRANSMISSION of patent, to be registered (see Assignment) . . 16
of copyright in design, to be registered (see Assignment) 23
of trade mark, to be registered (see Assignment) . 28
TRINIDAD patent law of . . . . '. . .190
TRUE AND FIRST INVENTOR-who is .... 7
TURKEY patent law o" . . . . . . .87
UNITED STATES OF AMERICA patent law of . . .47
URUGUAY patent law of . . . . . .115
USER of registered design abroad
VENEZUELA patent law of
VIC rORIA -patent law of .
VINCENT, ST. patent law of
22
118
124
196
VIRGIN ISLANDS patent law of (see Leeward Islands) . . 192
WESTERN AUSTRALIA-patent la* of . . . . .134
WINDWARD ISLANDS-patentlaw of . . . .195
WORKING- INVENTION in the United Kingdom . . .14
Cordinjfley & sharpe, iriutcis, . am:iii.TMiiiib
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