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 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^ 14 CMIKAT IHUTAIN PATKNTS. ir tbn fl() **14* """"Ting gg 1 "g*** '!* *1^W^ II Knt ;^ ij. w tfubr'umiuntlv bouii i dotormin ml thr ) W it th o \ct ( fff r*"|iiu^iiiintl\r 1-V...IL lli r^.j + i^t^f c \vill 111 ft bn unfit hi rtbn Vet 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 24I 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 ; (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 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 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 SOUTHERN REGIONAL LIBRARY FACILITY 305 De Neve Drive - Parking Lot 17 Box 951388 LOS ANGELES, CALIFORNIA 90095-1388 Return this material to the library from which it was borrowed. SCHOOL OF LAW LIBRARY UNIVERSITY OF CALIFORNIA L LIBRARY FACILITY M rN rx "il Universi South Libr