t,aa DOS FOR OFFICIAL USE ONL BASIG PATENT AND TRADE-MARK LAWS OF THE PRINCIPAL BELLIGERENT POWERS TOGETHER WITH WAR LEGISLATION, ORDINANCES, AND EDICTS SINCE AUGUST 1, 1914 AFFECTING PATENTS, TRADE-MARKS, AND DESIGNS WASHINGTON GOVERNMENT PRINTING OFFICE 1919 \ i GIFT OF Basic Patent and Trade-Mark Laws of the Principal Belligerent Powers together with War Legislation, Ordinances, and Edicts Since August 1, 1914, to January 1, 1919 affecting Patents, Trade-Marks, and Designs The documents contained herein are compiled from the following publications: " Patent Laws of the World," published by the British Chartered Institute of Patent Agents; "La Propriete Industrielle ; " "The Patent and Trade-Mark Review," New York; " The United States Official Gazette," and other sources, and have been collected by LAWRENCE LANGNER, Esq. and WILLIAM WALLACE WHITE, Esq. of New York City (,The collection is not to be regarded as complete ; certain laws, edicts, and decrees not being available at the time of making this compilation ) Washington Government Printing Office 1919 V 1 INDEX. INTERNATIONAL UNION FOR THE PROTECTION OF INDUSTRIAL PROPERTY : Convention of Paris, March 20, 1883, as revised December 14. 1900, and June 2, 1911 3 Final Protocol, April 29, 1913 9 Original Convention for Protection of Industrial Property, March 20, 1883 13 Final Protocol of the close of same 18 Arrangement of April 14, 1891 20 FOURTH INTERNATIONAL CONGRESS OF AMERICAN STATES : Patents Convention, August 20, 1910 28 Trade-mark Convention, August 20, 1910 30 AUSTRIA : Basic Patent Law. January 11, 1897 36 Adhesion to International Agreements, December 29, 1908 74 Austro-Hungarian Trade-mark Law, January 6, 1890 76 War Legislation, chronologically arranged 82 BELGIUM : Basic Patent Law, May 24, 1854 103 War Legislation, chronologically arranged 108 CANADA : Basic Patent Law, 1906 114 War Legislation, chronologically arranged 132 FRANCE : Basic Patent Law, July 5, 1844 137 Law of April 15, 1902, relative to ratifying International Unions 147 Law of April 11, 1908, for temporary protection of industrial property 147 Basic Trade-mark Law, June 23, 1857 148 War Legislation, chronologically arranged 159 GERMANY : Basic Patent Law, April 7, 1891 168 Patent Agents' Act, May 21, 1900 178 German Colonies- Notice of July 21, 1914, relating to Paris Convention 182 Petty Patent Law (Gebrauchsmuster) 183 Basic Trade-mark Law, May 12, 1894 185 War Legislation, chronologically arranged 192 GREAT BRITAIN : Act Concerning Monopolies, 1623 - 213 Basic Patent Law, August 28, 1907 214 Basic Trade-marks Act, 1905 249 War Legislation, chronologically arranged 273 412126 II INDEX. HUNGARY : Basic Patent Law, July 7, 1895 304 War Legislation, chronologically arranged 324 ITALY : Basic Patent Law, January 31, 1864 338 War Legislation, chronologically arranged 351 INDIA 362 JAPAN : War Legislation, chronologically arranged 363 RUSSIA: Basic Patent Law of June 1, 1896__ 366 War Legislation, chronologically arranged 378 ROUMANIA: Law of August 18, 1917 381 UNITED STATES OP AMERICA : Basic Patent Law, Constitution and Revised Statutes, with amend- ments : 382 Basic Trade-mark Law, February 20, 1905___ 407 War Legislation r 419 (a) Rulings of Patents Commissioner 419, 420 (6) Act of July 17, 1916 420 (c) Trading-with-the-Enemy Act of October 6, 1917 433 (d) Executive Order, October 12, 1917, under Trading-with-the- Enemy Act 454 (e) Rules and Forms of Federal Trade Commission under Trading-with-the-Enemy Act 462 (/) Ruling of Federal Trade Commission on Trade Names, November 30, 1917 473 (y) Executive Order, April 11, 1918 474 (7i) Act of July 1, 1918, for additional protection to owners of patents 475 INTERNATIONAL UNIONS. INTERNATIONAL UNION FOR THE PROTECTION or INDUSTRIAL PROPERTY. CONVENTION OF THE UNION OF PARIS, MARCH 20, 1883, FOR THE PRO- TECTION OF INDUSTRIAL PROPERTY. [Revised at Brussels Dec. 14, 1900, and at Washington June 2, 1911.] His Majesty the Emperor of Germany, King of Prussia, in the name of the German Empire ; His Majesty the Emperor of Austria, King of Bohemia, etc., and King Apostolic of Hungary, for Austria and for Hungary; His Majesty the King of the Belgians; the Presi- dent of the United States of Brazil ; the President of the Kepublic of Cuba; His Majesty the King of Denmark; the President of the Do- minican Republic; His Majesty the King of Spain; the President of the United States of America ; the President of the French Republic ; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Territories Beyond the Seas, Emperor of India; His Majesty the King of Italy; His Majesty the Emperor of Japan; the President of the United States of Mexico; His Majesty the King of Norway; Her Majesty the Queen of the Netherlands; the President of the Provisional Government of the Republic of Portu- gal; His Majesty the King of Servia; His Majesty the King of Sweden; the Federal Council of the Swiss Confederation; the Gov- ernment of Tunis : Having judged it expedient to make certain modifications and ad- ditions to the International Convention of March 20, 1883, concern- ing the creation of an International Union for the Protection of In- dustrial Property, revised at Brussels December 14, 1900, have named for their plenipotentiaries : (Here follow the names of such plenipotentiaries.) Who, after having been given their full respective powers, made in good and due form, have agreed upon the following articles : ARTICLE 1. The contracting countries constitute a State of Union for the Protection of Industrial Property. ART. 2. The subjects or citizens of each of the contracting coun- tries shall enjoy in all the other countries of the Union, with regard to patents of invention, models of utility, industrial designs or 3 INTERNATIONAL UNIONS. rad^-mdrks, trade-mimes, the statements of place of origin, suppression of unfair competition, the advantages which the respec- tive laws now grant or may hereafter grant to the citizens of that country. Consequently, they shall have the same protection as the latter and the same legal remedies against any infringements of their rights, provided they comply with the formalities and requirements imposed by the national laws of each State upon its own citizens. Any obligation of domicile or of establishment in the country where the protection is claimed shall not be imposed on the members of the Union. ART. 3. The subjects or citizens of countries which do not form part of the Union, who are domiciled or own effective and bona fide industrial or commercial establishments in the territory of any of the countries of the Union, shall be assimilated to the subjects or citizens of the contracting countries. ART. 4. (a) Any person who shall have duly filed an application for a patent, utility model, industrial design or model, or trade-mark, in one of the contracting countries, or the successor or assignee of such person shall enjoy, for the purpose of filing application in the other countries, and subject to the rights of third parties, a right of priority during the periods hereinafter specified. (6) Consequently, the subsequent filing in one of the other coun- tries of the Union, prior to the expiration of such periods, shall not be invalidated by acts performed in the interval, especially by an- other application by publication of the invention or the working of the same, by the sale of copies or the design or model, nor by the use of the mark. (c) The periods of priority above referred to shall be twelve months for patents and models of utility, and four months for in- dustrial designs and models, as also for trade-marks. (d) Whoever shall wish to avail himself of the priority of an anterior filing shall be required to make a declaration showing the date and the country of this filing. Each country shall determine at what moment, at the latest, this declaration must be executed. This information shall be mentioned in the publications issued by the competent Administration, particularly on patents and the specifica- tions relative thereto. The contracting countries shall require of one who makes a declaration of priority the production of a copy of the application (specification, drawings, etc.) previously filed, cer- tified to be a true copy by the Administration which shall have re- ceived it. This copy shall be dispensed from any legalization. It may be required that it be accompanied by a certificate of the date of filing, issuing from this Administration, and of a translation. Other formalities shall not be required for the declaration of priority at the time of the filing of the application. Each contracting coun- INTERNATIONAL UNIONS. 5 try shall determine the consequences of the omisison of the formali- ties prescribed by the present article, unless these consequences exceed the loss of the right of priority. (e) Later other justifications can be demanded. ART. 4J. Patents applied for in the different contracting countries by persons admitted to the benefit of the Convention in the terms of Articles 2 and 3, shall be independent of the patents obtained for the same invention in other countries, adherent or not to the Union. This provision shall be understood in an absolute manner, particu- larly in the sense that the patents applied for during the term of priority are independent, as much from the point of view of the causes of nullity and of forfeiture as from the point of view of the normal duration. It applies to all patents existing at the time of entrance into force. It shall be likewise, in case of accession of new countries for patents existing on both sides at the time of accession. ART. 5. The importation, by the patentee, into the country where the patent has been granted, of articles manufactured in any of the countries of the Union shall not entail forfeiture. However, the patentee shall be obliged to work his patent accord- ing to the laws of the country into which he introduces the patented objects, but with the restriction that the patent shall not be liable to forfeiture because of non-working in one of the countries of the Union until after a term of three years, from the date of the filing of the application in that country, and only in case the patentee shall fail to show sufficient cause for his inaction. ART. 6. Every trade-mark regularly registered in the country of origin shall be admitted to registration and protected as that in the other countries of the Union. However, there may be refused or invalidated : (1) Marks which are of a nature to infringe rights acquired by third parties in the country where protection is claimed. (2) Marks devoid of all distinctive character, or even composed exclusively of signs or data which may be used in commerce, to des- ignate the kind, quality, quantity, destination, value, place of origin of the products, or the time of production, or become common in the current language or the legal and steady customs of commerce of the country where the protection is claimed. In the estimation of the distinctive character of a mark, all the circumstances existing should be taken into account, particularly the duration of .the use of the mark. (3) Marks which are contrary to morals and public order. The country where the applicant has his principal establishment shall be considered as the country of origin. G INTERNATIONAL UNIONS. If this principal establishment is not located in one of the coun- tries of the Union, that to which the applicant belongs shall be con- sidered as country of origin. ART. 7. The nature of the product on which the trade-mark is to be applied can not, in any case, be an obstacle to the filing of the mark. ART. 7*. The contracting countries agree to admit for filing and to protect marks belonging to associations the existence of which is not contrary to the law of the country of origin, even if these associa- tions do not possess an industrial or commercial establishment. Each country shall be judge of the special conditions under which an association may be admitted to have the marks protected. ART. 8. Trade-names shall be protected in all the countries of the Union without the obligation of filing, whether it be a part or not of a trade-mark. ART. 9. Any product bearing illegally a trade-mark or a trade- name shall be seized at importation in those of the countries of the Union in which this mark or this trade-name may have a right to legal protection. If the laws of a country do not admit of seizure on importation, the seizure shall be replaced by prohibition of importation. The seizure shall be likewise effected in the country where illegal affixing shall have been made, or in the country into which the prod- uct shall have been imported. The seizure shall be made at the request of the public ministry, or any other competent authority, or by an interested party, individual, or society, in conformity to the interior laws of each country. The authorities shall not be required to make the seizure in transit. If the laws of a country admit neither of the seizure on importa- tion nor the prohibition of importation, nor seizure in said country, these measures shall be replaced by the acts and means which the law of such country would assure in like case to its own citizens. ART. 10. The provisions of the preceding article shall be applicable to any product bearing falsely, as indication of place of production, the name of a definite locality, when this indication shall be joined to a fictitious or borrowed trade-name with an intention to defraud. The interested party is considered any producer, manufacturer, or merchant, engaged in the production, manufacture, or commerce of such product, and established either in the locality falsely indicated as place of production or in the region where this locality is situated. ART. lOi. All the contracting countries agree to assure to the mem- bers of the Union an effective protection against unfair competition. ART. 11. The contracting countries shall accord, in conformity with their national laws, a temporary protection to patentable inven- tions, working models, industrial models, or designs, as well as to INTERNATIONAL UNIONS. trade-marks, for products exhibited at international expositions, official or officially recognized, organized in the territory of one of them. ART. 12. Each of the contracting countries agrees to establish a special service for industrial property and a central office for the communication to the public of patents, working models, industrial models, or designs and trade-marks. This service shall publish, as often as possible, an official periodical. ART. 13. The International Office instituted at Berne under the name of " Bureau international pour la protection de la propriete indus- trielle " is placed under the high authority of the Government of the Swiss Confederation, which regulates its organization and super- vises its operation. The International Bureau shall centralize information of any na- ture relative to the protection of industrial property, and form it in a general statistical report which shall be distributed to all Admin- istrations. It shall proceed to considerations of common utility in- teresting to the Union and shall edit, with the aid of the documents put at its disposal by the different Administrations, a periodical in the French language on questions concerning the object of the Union. Numbers of this periodical, like all the documents published by the International Bureau, shall be distributed among the Administrations of the countries of the Union in proportion to the number of con- tributive units mentioned below. Copies and supplementary docu- ments which shall be requested, either by the said Administrations, or by societies or individuals, shall be paid for separately. The International Bureau shall hold itself at all times at the dis- position of the members of the Union, to furnish them special infor- mation of which they may have need, on the questions relative to the international service of industrial property. It shall make an annual report of its management which shall be communicated to all members of^ the Union. The official language of the International Bureau shall be French. The expense of the International Bureau shall be borne in common by the contracting countries. They may not, in any case, exceed the sum of sixty thousand francs per year. In order to determine the contributive part of each of the countries in this sum-total of the expenses, the contracting countries and those which later join the Union shall be divided into six classes, each contributing in proportion to a certain number of units, to wit : Units. Class 1 25 Class 2 20 Class 3__ 15 Units. Class 4 10 Class 5 5 Class 6 3 8 INTERNATIONAL UNIONS. These coefficients shall be multiplied by the number of countries of each class, and the sum of the products thus obtained will furnish the number of units by which the total expenses are to be divided. The quotient will give the amount of the unit of expense. Each of the contracting countries shall designate at the time of its accession, the class in which it wishes to be ranked. The- Government of the Swiss Confederation shall supervise the expenses of the International Bureau, make necessary advances and draw up annual statements of accounts which shall be communicated to all the other Administrations. ART. 14. The present Convention shall be submitted to periodical revisions with a view to introducing improvements in it of a nature to perfect the system of the Union. To this end Conferences of the delegates of the contracting countries shall be held successively in one of the said countries. The Administration of the country where the Conference is to be held shall prepare, with the concurrence of the International Bureau, the works of such Conference. The Director of the International Bureau will assist at the meetings of the Conferences and take part in the discussion without a vote. ART. 15. It is understood that the contracting countries reserve to themselves respectively the right to make separately, between them- selves, special arrangements for the protection of industrial property,, in so far as these arrangements may not interfere with the provisions of the present Convention. ART. 16. The countries which have not taken part in the present Convention shall be permitted to adhere to it upon their request. Notice of adhesion shall be made through diplomatic channels to the Government of the Swiss Confederation, and by the latter to all the others. It shall entail complete adhesion to all the clauses and admission to all the advantages stipulated by the present Convention, and shall take effect one month after the notification made by the Govern- ment of the Swiss Confederation to the other unionist countries, unless a later date shall have been indicated by the adhering country. AJRT. 16 J. The contracting countries have the right to adhere at any time to the present Convention for their colonies, possessions, dependencies, and protectorates, or for certain ones of them. They may, to this end, either make a general declaration by which all their colonies, possessions, dependencies and protectorates are included in the adherence, or expressly name those included therein, or simply indicate those excluded from it. This declaration shall be made in writing to the Government of the Swiss Confederation and by the latter made to all the others. INTERNATIONAL UNIONS. 9 The contracting countries can, under like conditions, renounce the Convention for their colonies, possessions, dependencies and pro- tectorates, or for certain ones of them. ART. 17. The fulfilment of the reciprocal obligations contained in the present Convention is subordinated, in so far as need be, to com- pliance with the formalities and regulations established by the con- stitutional laws of those of the contracting countries which are bound to secure the application of the same which they engage to do with the least possible delay. ART. 1TJ. The Convention shall remain in force an indefinite time, until the expiration of one year from the day when the renunciation shall be made. This renunciation shall be addressed to the Government of the Swiss Confederation. It shall affect only the country giving such notice, the Convention remaining operative as to the other contract- ing countries. ART. 18. The present act shall be ratified, and the ratifications filed in Washington, at the latest, April 1, 1913. It shall be put into execution, among the countries which shall have ratified it, one month after the expiration of this period of time. This act, with its Final Protocol, shall replace, in the relations of the countries which shall have ratified it: The Convention of Paris, March 20, 1883 ; the Final Protocol annexed to that act ; the Protocol of Madrid, April 15, 1891, relating to the dotation of the Inter- national Bureau, and the Additional Act of Brussels, December 14, 1900. However, the acts cited shall remain binding on the countries which shall not have ratified the present act. ART. 19. The present act shall be signed in a single copy, which shall be filed in the archives of the Government of the United States. A certified copy shall be sent by the latter to each of the Unionist Governments. In witness whereof, the respective plenipotentiaries have signed the present act. Done at Washington, in a single copy, the second day of June, 1911., (Here follow the signatures.) Final Protocol. At the time of proceeding to the signing of the act concluded on this day, the undersigned plenipotentiaries are agreed upon the following : To ARTICLE 1. The words " Propriete industrielle " (industrial property) shall be taken in their broadest acceptation; they extend to all produption in the domain of agricultural industries (wines, 10 INTERNATIONAL UNIONS. grains, fruits, animals, etc.), and extractives (minerals, mineral waters, etc.). To ART. 2. (a) Under the name of patents are comprised the dif- ferent kinds of industrial patents admitted by the laws of the con- tracting countries, such as patents of importation, patents of im- provement, etc., for the processes as well as for the products. (b) It is understood that the provision in Article 2 which dispenses the members of the Union from obligation of domicile and of estab- lishment has an interpretable character, and 'must consequently, be applied to all the rights granted by the Convention of March 20, 1883, before the entrance into force of the present act. (c) It is understood that the provisions of Article 2 do not in- fringe the laws of each of the contracting countries, in regard to the procedure followed before the courts and the competency of those courts, as well as the election of domicile or the declaration of the selection of an attorney required by .the laws on patents, working models, marks, etc. To ART. 4. It is understood that, when an industrial model or design shall have been filed in a country by virtue of the right of priority based on the filing of a working model, the term of priority shall be only that which Article 4 has fixed for industrial models and designs. To ART. 6. It is understood that the provision of the first para- graph of Article 6 does not exclude the right to require of the de- positor a certificate of regular registration in the country of origin, issued by competent authority. It is understood that the use of badges, insignia or public decora- tions which shall not have been authorized by competent powers, or the use of official signs and stamps of control and of guaranty adopted by a unionist country, may be considered as contrary to public order in the sense of No. 3 of Article 6. However, marks, which contain, with the authorization of com- petent powers, the reproduction of badges, decorations or public in- signia, shall not be considered as contrary to public order. It is understood that a mark shall not be considered as contrary to public order for the sole reason that it is not in conformity with some provision of laws on marks except in the case where such pro- vision itself concerns public order. The present Final Protocol, which shall be ratified at the same time as the act concluded on this day, shall be considered as forming an integral part of this act, and shall be of like force, value and dura- tion. INTERNATIONAL UNIONS. 11 In witness whereof the respective plenipoteniaries have signed the present Protocol. Done at Washington, in a single copy, June 2, 1911. Haniel von Haimhausen, H. Robolski, Albert Osterrieth, L. Baron de Hengelmuller, Dr. Paul Chevalier Beck de Mannagetta et Lerchenau, Elemer Pompery, J. Brunet, Georges de Ho, Capitaine, R. De Lima e Silva, J. Clan, Juan Riano y Gayangos, J. Florez Posada, Edward Bruce Moore, Melville Church, Charles H. Duell, Frederick P. Fish, Robt. H. Park- inson, Emilio C. Joubert, Pierre Lefevre-Pontalis, Michel Pelletier, G. Breton, Georges Maillard, A. Mitchell Innes, A. E. Bateman, W. Temple Franks, Lazzaro Negrotto Cambiaso, Emilio Venezian, G. B. Ceccato, K. Matsui, Morio Nakamatsu, J. De las Fuentes, Snyder van Wissenkerke, J. F. H, M. Da Franca, Vte. D'Alte, Albert Ehrensvard, P. Ritter. W. Kraft. Henri Martin, E. De Peretti de la Rocca, Ludwig Aubert, Antonio Martin Rivero. And whereas the said Convention has been duly ratified by the United States of America, Germany, Austria-Hungary, the Domini- can Republic, Spain, the French Republic, Great Britain, Italy, Japan, the United Mexican States, Norway, the Netherlands, Portu- gal, Switzerland and Tunis, and the ratifications were deposited with the Government of the United States, on the 1st day of April, 1913 ; Now, therefore be it known that I, WOODROW WILSON, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this twenty-ninth day of April, in the year of our Lord, one thousand nine hundred and thirteen, and of the Independence of the United States of America the one hun- dred and thirty-seventh. [SEAL.] WOODROW WILSON. By the President : JOHN B. MOORE, Acting Secretary of State. 12 INTERNATIONAL UNIONS. INTERNATIONAL, UNION. STATES OF THE UNION FOR THE PROTECTION OF INDUSTRIAL PROPERTY, JANUARY 1, 1911. Principal union. Germany. Austria. Belgium. Brazil. Cuba. Denmark and Faroe Islands, Dominican Republic. Spain. United States. France, Algeria, and Colonies. Great Britain: [Convention of Mar. 20, 1883.] Hungary. Italy. Japan. Mexico. Norway. Netherlands : Dutch Indies. Surinam. Curacao. Portugal, with the Azores and Madeira. Australian Commonwealth. Servia. Ceylon. New Zealand. Trinidad and Tobago. Sweden. Switzerland. Tunis. Limited unions. [Arrangements of Apr. 14, 1891.] 1. REPRESSION OF FALSE INDICATIONS OF ORIGIN. Brazil. Great Britain. Cuba. Portugal. Spain. Switzerland. France. Tunis. 2. INTERNATIONAL REGISTRATION OF TRADE-MARKS. Austria. Italy. Belgium. Mexico. Brazil. Holland. Cuba. Portugal. Spain. Switzerland. France. Tunis. Hungary. INTERNATIONAL UNIONS. 13 STATES OF THE UNION FOR THE PROTECTION OF LITERARY AND ARTISTIC WORKS, JANUARY 1, 1911. [Le Droit d' Auteur, Jan. 15, 1911.] Germany with her protected Italy. territories. Japan. Belgium. Liberia. Denmark. Luxemburg. Spain and colonies. Monaco. France with Algeria and Norway. colonies. Sweden. Great Britain with colonies Switzerland. and possessions. Tunis. Haiti. I. CONVENTION OF MARCH 20, 1883, FOR THE PROTECTION OF INDUSTRIAL PROPERTY, WITH THE MODIFICA- TIONS AND ADDITIONS WHICH HAVE BEEN MADE BY THE CONFERENCES AT MADRID AND BRUSSELS. Convention : Signature, March 20, 1883, at Paris. Deposition of the ratifications, June 6, 1884, at Paris. Entered into force, July 6, 1884. Kecords respecting the endowment of the international office: Signature, April 15, 1891, at Madrid. Deposition of ratifications, June 15, 1892, at Madrid. Entered into force, January 1, 1898. Additional charter: Signature, December 14, 1900, at Brussels. Deposition of ratifications (close of the proceedings), June 14, 1902, at Brussels. Entered into force, September 14, 1902. LIST OF THE STATES THAT ARE MEMBERS OF THE UNION. Since the Convention went into force: Belgium, Brazil, Spain, France with Algiers and colonies, Great Britain, Italy, Netherlands, Portugal with Azores and Madeira, Servia, Switzerland, Tunis, Nor- way from July 1, 1885, Sweden from July 1, 1885, United States of 14 INTERNATIONAL UNIONS. America from May 30, 1887, Dutch Indies from October 1, 1888, Surinam and Curacao from July 1, 1890, Domingo (Republic) from July 11, 1890, New Zealand and Queensland from September 7, 1891, Denmark and Faroe Islands from October 1, 1894, Japan from July 15, 1899, Germany from May 1, 1903, Mexico from September 7, 1903, Cuba from November 17, 1904, Australia from January 1, 1909, Austria from January 1, 1909, Ceylon from January 1, 1909, Hun- gary from January 1, 1909, Trinidad and Tobago from January 1, 1909. His Majesty the King of the Belgians, His Majesty the Emperor of Brazil, His Majesty the King of Spain, the President of the French Republic, the President of the Republic of Guatemala, His Majesty the King of Italy, His Majesty the King of the Nether- lands, His Majetsy the King of Portugal and of the Algraves, the President of the Republic of Salvador, His Majesty the King of Servia and the Federal Council of Swiss Confederation. Equally animated by the desire to assure, by mutual consent, a complete and effective protection of the industries and commerce of the natives of their respective States and to contribute toward the guarantee of the rights of inventors and to the integrity of com- mercial transactions, have decided to form a convention for that purpose and have appointed as their plenipotentiaries, viz, # # # * # * * Who, after having communicated to each other their respective full powers, which were found to be in due and proper form, agreed upon the following articles': ARTICLE 1. The Governments of Belgium, Brazil, Spain, France, Guatemala, Italy, the Netherlands, Portugal, Salvador, Servia, and Switzerland have formed a Union for the Protection of Industrial Property. ART. 2. The subjects or citizens of each of the contracting States will enjoy in all the other States of the Union, as regards patents of invention, designs or industrial models, trade or manufacturing marks, and the commercial name, the advantages which the re- spective laws at present allow or may allow hereafter to the natives. Consequently they will enjoy the same protection as the latter and the same legal remedy against any prejudice that may be caused to their rights, under reserve of their fulfilling the formalities and con- ditions, to which the natives are subjected by the interior legislation of each State. ART. 3. Subjects or citizens of States that do not form part of the Union who are domiciled in or have actual and bona fide industrial and commercial establishments in the territory of one of the States of INTERNATIONAL UNIONS. 15 the Union are assimilated with the subjects or citizens of the con- tracting State. ART. 4. Whosoever has in regular form made an application for a patent of invention, or the registration of a design or industrial model, or of a manufacturing or trade-mark, in one of the contracting States, will enjo}^ a right of priority during the delays hereafter de- termined, for the purpose of making the application or registration in the other States, reserving always the rights of third parties. Consequently the application subsequently made for a patent, or the said registrations, before the expiration of the delays, hereinafter mentioned, can not be invalidated by any facts that have taken place in the interval, say. especially any other application or registration, by the publication of the invention or the working of the same, by the selling of copies of the design or of the model, or of the trade- mark. The delays of priority mentioned above will be twelve months for patents of invention, four months for designs or industrial models and also for manufacturing and trade-marks. ART. 4a. The patents applied for in the different contracting States by persons admitted to the benefits of the Convention at the terms of Articles 2 and 3, will be independent of the patents obtained for the same invention in the other States, whether belonging to the Union or not. This stipulation will apply to patents existing already at the time the Convention comes into force. The same will apply, in case of new States joining the Union, as regards the existing patents, on both sides, at the time of joining. ART. 5. The introduction by the patentee into the country where the patent has been granted, of articles manufactured in any of the States of the Union, will not involve its forfeiture. Nevertheless, the patentee will remain under the obligation of working his patent in accordance with the laws of the country, where he introduces the patented articles. ART. 6. Any industrial or commercial trade-mark, registered in a regular manner in the country of its origin, will be admitted for registration and protected as such in all the other countries of the Union. The country in which the party registering the trade-mark has his principal establishment will be considered the country of origin. If this principal establishment is not located in any of the countries of the Union, the country to which the said party belongs will be considered the country of origin. The registration may be refused in case the object to which it has reference is contrary to morals or public order. 9316919 2 16 INTERNATIONAL UNIONS. ART. 7. The nature of the product to which the trade-mark is to be affixed can in no case form an obstacle to the registration of the trade-mark. ART. 8. The commercial name will be protected in all the countries of the Union, without the obligation of registration, whether it forms part of an industrial or commercial trade-mark or not. ART. 9. Any product bearing illicitly a trade-mark or a commercial name may be seized on importation into those States of the Union in which this trade-mark or commercial name is entitled to legal pro- tection. The seizure will take place at the request either of the proper public officer or of the interested party, in accordance with the in- terior legislation of each State. In the States the legislation of which does not allow seizure on importation, this seizure may be replaced by a prohibition of im- portation. The authorities are not bound to effect seizure in case of transit. ART. 1Q. The stipulations of the preceding article will be applicable to any product bearing falsely, as indication of origin, the name of a definite locality, if this indication is added to a fictitious or bor- rowed commercial name, with fraudulent intentions. As interested party will be considered any producer, manufacturer or merchant, engaged in the production, the manufacture or the sell- ing of the product, and established either in the locality falsely indi- cated, as place of origin, or in the district where this locality is situated. ART. lOa. Those belonging to the Convention (Arts. 2 and 3) will enjoy in all the States of the Union the same protection against dis- honest competition as is afforded to natives. ART. 11. The high contracting parties will afford temporary pro- tection, in accordance with the legislation of each country, to pat- entable inventions, designs or industrial models, as well as to indus- trial and commercial trade-marks for the products, which may be shown at official international exhibitions, or those officially recog- nized and organized on the territory of one of same. ART. 12. Each of the high contracting parties undertakes to es- tablish a service of industrial protection and a central depot for communicating to the public patents of inventions, designs, or in- dustrial models and trade-marks. ART. 13. An international office will be organized under the title of " International Office of the Union for the Protection of Industrial Property." This office, the expenses of which will be borne by the administra- tions of all the contracting States, will be placed under the high INTERNATIONAL UNIONS. 17 authority of the Superior Administration of the Swiss Confederation and will work under its supervision. Its powers will be mutually determined between the States of the Union. ART. 14. The present Convention will be submitted to periodical revisions, with a view to introducing improvements of a nature cal- culated to make the system of the Union more perfect. To this effect the conferences will successively take place in one of the contracting States between the delegates of the said States. ART. 15. It is understood that the high contracting parties reserve to themselves, respectively, the right of making separately amongst themselves private arrangements for the protection of industrial property, provided that such arrangeemnts do not contravene in any way against the stipulations of the present Convention. ART. 16. States that have not taken part in this Convention will be admitted to membership at their request. This membership will be notified by diplomatic channel to the Government of the Swiss Confederation and by the latter to all the others. It will carry with it, by full right, adhesion to all the clauses and admission to all the advantages stipulated by the present Convention and will come into effect one month after the forwarding of the notification by the Swiss Government to the other States of the Union, unless some other subsequent date should have been stated by the adhering State. ART. 17. The execution of the mutual undertakings contained in the present Convention is subordinated, as far as may be required, to the fulfilling of the formalities and rules established by the constitu- tional laws of those of the high contracting parties that are bound to instigate their application, which they undertake to do with as little delay as possible. ART. 18. The present Convention will be carried into effect within a delay of one month, commencing from the exchange of the ratifi- cations, and will remain in force for an indefinite period up to the expiration of one year from the day on which notice of its discon- tinuance may be given. This notice of discontinuance must be addressed to the Govern- ment charged with the receiving of adhesions. It will only influence the State that has given the said notice, the Convention remaining in force as regards the other contracting parties. ART. 19. The present Convention will be ratified and the ratifica- tions exchanged in Paris within the delay of one year at the outside. In witness whereof the respective plenipotentiaries have signed it and affixed their seals. 18 INTERNATIONAL UNIONS. PROTOCOL OF THE CLOSE. At the moment of proceeding to sign the concluded Convention of the present date between the Governments of Belgium, Brazil, Spain, France, Guatemala, Italy, the Netherlands, Portugal, Salvador, Servia, and Switzerland, for the protection of industrial property, the undersigned plenipotentiaries have agreed upon as follows: 1. The words industrial property are to be understood in their broadest acceptation, in the sense that they apply not only to the products of industry, properly speaking, but also to products of agriculture (wines, grain, fruits, cattle, etc.) and to mineral products delivered to commerce (mineral waters, etc.). 2. Under the name of " patents of invention " are comprised the different kinds of industrial patents admitted by the legislations of the contracting States, such as patents of importation, patents of improvement, etc. 3. It is mentioned that the final stipulation of Article 2 of the Convention is in no way prejudicial to the legislation of each of the contracting States as regards the procedure practiced before the courts and the competency of those courts. 3a. The patentee in each country can only have his patent forfeited on account of its not having been worked after a minimum delay of three years, lasting from the application in the country in question, and in case the patentee does not justify the causes of his inaction. 4. The first paragraph of Article 6 is to be understood in the sense that no trade-mark can be excluded from protection in any of the States of the Union by the fact alone that it does not comply from the point of view of the signs of which it is composed, with the con- ditions of the legislation of that State, provided it complies on that point with the legislation of the country of its origin and it has been duly -registered in the latter country. Saving this exception, which only concerns the form of the mark and under reserve of the stipulations of the other articles of the Convention, the interior legis- lation of each of the States will be applied in each case. In order to avoid all false interpretation, it is understood that the use of public armorial bearings and insignia may be consid- ered as contrary to public order, in the sense of the final paragraph of Article 6. 5. The organization of the special service of industrial property, mentioned in Article 12, will comprise as far as possible the publica- tion in each State of an official periodical paper. 6. The expenses of the International Office, instituted as per Article 13, will be borne mutually by the contracting States. They are not, in any case, to exceed the sum of sixty thousand francs per year. INTERNATIONAL UNIONS. 19 In order to determine the contributive portion of each of the States toward the total sum of the expenses, the contracting States and those that will ultimately become members of the Union will be divided into six classes, each contributing in the proportion of a cer- tain number of units, viz. : Units. First class 25 Second class 20 Third class__ 15 Units. Fourth class 10 Fifth class 5 Sixth class 3 These coefficients will be multiplied by the number of the States of each class, and the sum of the products thus obtained will supply the number of units by which the total expense is to be divided. The quotient will give the amount of the outlay unit. The contracting States are classed as follows, in view of the divi- sion of the expenses: Fourth class The Netherlands. Fifth class Servia. Sixth class Guatemala, Salvador. 1 First class France, Italy. Second class Spain. Third class Belgium, Brazil, Portu- gal, Switzerland. The Swiss administration supervises the expenses of the Inter- national Office, advances the needful funds, and makes up the yearly account, which will be forwarded to all the other administrations. The International Office will centralize the information of whatever nature with reference to the protection of international property and will combine same into general statistics to be distributed to all the administrations. It will study the common usefulness which in- terests the Union and will draw up, with the aid of the documents which are placed at its disposal by the different administrations, a periodical in the French language on the questions concerning the object of the Union. The numbers of the periodical, the same as all documents published by the International Office, will be distributed amongst the adminis- trations of the States of the Union in proportion to the number of the above-mentioned contributive units. Any supplementary copies and documents which may be asked for, either by the said administra- tions or by societies or individuals, will be paid for apart. The International Office must hold itself always at the disposal of the members of the Union, in order to supply to them on the questions relating to the international service of industrial property the spe- cial information which they may require. 1 Guatemala and Salvador are no longer members of the Union. On the other hand, the States which have become members since 1883, have been ranked at their request in the following classes : Denmark, fourth class ; Republic of Domingo, sixth class ; United States of America, first class; Great. Britain, first class; Japan, second class; Norway, fourth class ; Sweden, third class ; Tunis, sixth class. 20 INTERNATIONAL UNIONS. The administration of the country where the next conference is to be held will prepare, with the assistance of the International Office, the work of that conference. The manager of the International Office will assist at the sittings of the conferences and will take part in the discussions, however, without deliberative vote. He will make a yearly report about his management, which will be communicated to all the members of the Union. The official language of the International Office will be the French language. 7. The present closing protocol, which will be ratified at the same time as the convention concluded on this day's date, will be con- sidered as forming an integral part of this convention and will have the same force, value, and duration. In witness whereof the undersigned plenipotentiaries have drawn up this present protocol. , II. ARRANGEMENT or APRIL 14, 1891. CONCERNING THE INTERNATIONAL REGISTRATION OF COMMERCIAL AND MANUFACTURING TRADE-MARKS WITH THE ALTERATIONS AND ADDITIONS MADE THEREIN BY THE BRUSSELS CONFERENCE. Arrangement : Signature, April 14, 1891, at Madrid. Deposition of ratifications, June 15, 1892, at Madrid. Coming into force, July 15, 1902, at Madrid. Supplementary act: Signature, December 14, 1900, at Brussels. Deposition of ratifications (closure of official report), June 14, 1902, at Brussels. Coming into force, September 14, 1902. LIST OF STATES WHICH ARE MEMBERS OF THE RESTRICTED UNION. Belgium, since the arrangement came into force. Spain, since the arrangement came t into force. France, with Algeria and colonies, since the arrangement came into force. Switzerland, since the arrangement came into force. Tunis, since the arrangement came into force. Holland, with the Dutch East Indies, Surinam, and Curacao, from March 1, 1893. Portugal, with the Azores and Madeira, from October 31, 1893. INTERNATIONAL UNIONS. 21 Italy, from October 15, 1894. Brazil, from October 3, 1896. The undersigned plenipotentiaries of the States enumerated above and in virtue of Article 15 of the International Convention dated March 20, 1883, for the protection of industrial property, have by mutual agreement, subject to ratification, concluded the following arrangement. ARTICLE 1. The subjects or citizens of each of the contracting States may insure in all the other States the protection of their manu- facturing or commercial trade-marks which have been accepted and deposited in the country of their origin subject to the said marks being deposited at the International Bureau in Berne through the agency of the Government of the said country of origin. ART. 2. The subjects or citizens of other States which have not joined in the present arrangement are on the same footing as the subjects or citizens of the contracting States provided that they, on the territory of the restricted Union constituted by the said arrange- ment, satisfy the conditions set forth in Article 3 of the general Convention. ART. 3. The International Bureau will at once register the marks deposited in accordance with Article 1, and will give notice of such registration to the contracting States. The marks so registered will be published in a supplement to the journal of the International Bureau by means of a block furnished by the depositor. If the deponent claims the color to be a distinctive feature of his mark he shall be bound : 1. To declare this and to attach to his deposit a description in which the color is mentioned. 2. To attach to his claim copies of the said marks in colors, which will be attached to the notifications made by the International Bureau. The number of these copies will be fixed by the regulation as to the manner of execution. In view of the publicity to be given in the various States to the registered marks, each administration will re- ceive gratis from the International Bureau as many copies of the above-mentioned publication as it may choose to ask for. ART. 4. Dating from the date of registration so effected at the International Bureau the protection in each of the contracting States will be just the same as if the mark had been first deposited in such State. ART. 4:A. When a mark already deposited in one or more of the contracting States has been afterwards registered at the Interna- tional Bureau in the name of the same holder or his representative, the international registration will be considered as substituted for the earlier national registrations without prejudice to any rights acquired in connection with the latter. 22 INTERNATIONAL UNIONS. ART. 5. In those countries where the laws authorize it, the ad- ministrations to whom the International Bureau shall notify the registration of a mark shall be entitled to declare that protection can not be granted to this mark in their territory. Such refusal can not be disputed except under the conditions applicable in virtue of the Convention of March 20, 1883, to a mark deposited for national registration. They must exercise this power within the period fixed by their national law and at latest, within the year of the notification men- tioned in Article 3, stating at the same time to the International Bu- reau the motives for their refusal. The said declaration so notified to the International Bureau will be at once forwarded by the latter to the administration of the country of origin and to the owner of the mark. The party inter- ested will have the same means of appeal as if the mark had been directly deposited by him in the country where protection is refused. ART. SA. The International Bureau will deliver to any person mak- ing the request, subject to a fee fixed by regulation, a copy of the memoranda entered in the register relating to any particular mark. ART. 6. The protection resulting from registration at the Inter- national Bureau will last twenty years from the date of registration but may not be claimed on behalf of a mark no longer under legal protection in the country of origin. ART. 7. Registration may always be renewed in accordance with the provisions of Articles 1 and 3. Six months previous to the expiration of the period of protection the International Bureau will give official intimation thereof to the administration of the country of orgin and the owner of the mark. ART. 8. The administration of the country of origin will fix at its pleasure and collect on its own behalf a fee to be claimed from the owner of the mark who asks for international registration. To this fee will be added an international charge of 100 francs for the first mark and 50 francs for every other mark deposited at the same time by the same owner. The annual proceeds of this charge will be divided equally among the contracting States through the agency of the International Bureau after deduction of the common expenses necessary for the execution of this agreement. ART. 9. The administration of the country of origin will notify to the International Burean any annulations, erasures, renunciations, transmissions, and other changes that may take place in the owner- ship of the mark. The International Bureal will register these alterations and give immediate notice thereof in its journal to the contracting adminis- trations and the public. INTERNATIONAL UNIONS. 23 ART. 9A. When a mark entered in the International Register is transmitted to a person settled in a contracting State other than the country of origin of the mark, the transmission shall be notified to the International Bureau by the administration of the said country of origin. The International Bureau shall register the transmission and after receiving the assent of the administration to which the new holder is subject it will give notice thereof to the other administra- tions and publish the same in its journal. It is not the purpose of this provision to modify the law of the contracting State which prohibits the transfer of the mark unless accompanied by the simultaneous cession of the industrial or com- mercial concern whose products it distinguishes. No transmission will be registered of any mark entered on the In- ternational Register if made in favor of a person not established in one of the signatory countries. ART. 10. The administration will settle by mutual agreement the details relating to the execution of the present arrangement. ART. 11. The States of the Union for the protection of industrial property which have not taken part in the present arrangement will be allowed on their request to join the same in the form provided by Article 16 of the Convention of March 20, 1883, for the protection of industrial property. As soon as the International Bureau is informed that a State has joined the present arrangement it will forward to the administration of such State in conformity with Article 3 a complete list of the marks then enjoying international protection. This list will of itself insure for the said marks the benefit of previous regulations in the territory of the State so joining and will involve the delay of one year, during which the administration in- terested may make the declaration provided in Article 5. ART. 12. The present arrangement will be ratified and the rati- fications of the same exchanged at Madrid within a period of six months at latest. It will come into force in one month from the exchange of ratifica- tions and shall have the same force and duration as the Convention of March 20,, 1883. In witness whereof the plenipotentiaries of the States above enu- merated have signed the present arrangement. III. REGULATION. FOR THE EXECUTION OF THE ARRANGEMENT OF APRIL 14, 1891, CONCERN- ING THE REGISTRATION OF INDUSTRIAL OR COMMERCIAL TRADE-MARKS. [Text approved by all the administrations in 1903.] ARTICLE 1. All requests for the purpose of securing the interna- tional registration of an industrial or commercial trade-mark in 24 INTERNATIONAL UNIONS. virtue of the arrangement of April 14, 1891, revised December 14. 1900, must be addressed by the owner of the mark to the administra- tion of the country of origin in the form which the latter may prescribe. The administration of the country of origin will fix at its pleasure and collect a fee the amount of which will remain in its possession. To this fee will be added an international charge fixed as follows : 1. In the case of the deposit of a single mark, one hundred francs. 2. In the case of several deposits, one hundred francs for the first mark and fifty francs for each of the other marks deposited at the same time by the same owner. ART. 2. After having ascertained that the mark is properly regis- tered, the administration of the country of origin will forward to the International Bureau of Industrial Property in Berne: (A) A request for registration, in duplicate, containing a typo- graphical representation of the mark, and stating: 1. The .name of the owner of the mark. 2. His address. 3. The manufactures or goods to which the mark applies. 4. The date of registration in the country of origin. 5. The order number of the mark in the country of origin. (B) A block of the mark for the typographical reproduction of the latter in the publication which will be made of it by the Inter- national Bureau. This block must reproduce the mark exactly, so as to show up all details in the most conspicious manner. It must not be less than 15 millimetres or more than 10 centimetres, either in length or breadth. The exact thickness of the block must be 24 milli- metres, corresponding to the height of the printed characters. This block will be kept at the International Bureau. (C) If the deponent claims the color as a distinctive feature of his mark, forty copies on paper of a colored reproduction of the mark. In this case the request must contain a brief description in French, mentioning the color. Should neither one nor the other of the above- mentioned conditions be observed, the International Bureau will pro- ceed with the registration of the mark and notification thereof in accordance with the particulars received. (D) A postal order for the amount of the international charge. The request for registration will be drawn up in accordance with the form attached to the present regulation or any other form which the administrations of the contracting States may by common agree- ment subsequently adopt. The International Bureau will forward the necessary forms to the administrations gratuitously. ART. 3. The International Bureau will proceed without delay to enter the mark in a register kept for that purpose. This register will contain the following particulars: INTERNATIONAL UNIONS. 25 1. The date of registration at the International Bureau. 2. The date of notification to the contracting administrations. 3. The order number of the mark. 4. The name of the owner of the mark. 5. His address. 6. The manufactures or goods to which the mark is applied. 7. The country of origin of the mark. 8. The date of registration in the country of origin. 9. The order number of the mark in the country of origin. 10. Memoranda relating to refusal of protection, transmission (Arts. 9 and 9 bis of the arrangement), or erasure of the mark. ART. 4. As soon as the entry is made in the register the Interna- tional Bureau will certify on the two copies of the request that the registration has been duly effected and will affix thereon its signature and seal. One of these copies will be filed among the records of the Bureau and the other will be returned to the administration of the country of origin. Furthermore, the International Bureau will notify to the adminis- trations the registration so effected by sending to each of them a typographical reproduction of the mark and informing them of: 1. The date of registration at the International Bureau. 2. The order number of the mark. 3. The name and address of the deponent. 4. The manufactures or merchandise to which the mark is applied. 5. The country of origin of the mark as well as the date of regis- tration and order number in said country. In the case provided by Article 2 under letter C, the aforesaid notification shall mention, in addition, the deposit in colors, and will be accompanied by a copy of the reproduction of the mark in colors. ART. 5. The International Bureau will then see to the publication of the mark in a supplement of its journal which will consist of the reproduction of the mark, accompanied by the details mentioned in Article 4, paragraph 2; and, if necessary, the description provided under letter C of Article 2. At the commencement of every year the International Bureau will issue a table giving in alphabetical order per contracting State the names of the owners of the marks published during the course of the previous year. Each administration will receive gratuitously from the Interna- tional Bureau the number of copies it may choose to ask for of the supplement containing the publications relating to International Registration. ART. 6. The declaration notified to the International Bureau in the terms of Article 5 of the arrangement (non-admission of the mark to protection in a given country) will be at once forwarded by the 26 INTERNATIONAL UNIONS. bureau to the administration of the country of origin and to the owner of the mark. ART. 6 BIS. The fee provided for under Article 5 ~bis of the arrange- ment for copies or extracts from the register is fixed at two francs per copy or extract. ART. 7. Such changes as may have taken place in the ownership of a mark, and which have been made the object of the modification mentioned in Article 9 and 9 Us of the arrangement, will be entered in the register of the International Bureau except in such cases where, in the terms of the third paragraph of the latter article, transmission can not be registered. The International Bureau will in its turn notify to the contracting administrations the registered alterations, and will publish them in its journal, keeping in view the provisions of the first paragraph of Article 9 ~bis when the new owner is es- tablished in a contracting State other than the country of origin of the mark. ART. 8. Six months before the expiration of the period of protec- tion of twenty years the International Bureau will send an official notice to that effect to the administration of the country of origin and the owner of the mark. The formalities to be observed in the renewal of the international registration will be the same as if it were a question of a new regis- tration excepting that it will no longer be necessary to send a block. ART. 9. At the commencement of each year the International Bureau will make out a statement of charges of all kinds which have been occasioned during the previous year by the international regis- tration of marks. The amount of these charges will be deducted from the total sums received from the administrations by way of fee for international registration, and the excess of receipts will be divided in equal shares between all the contracting States. ART. 10. The complete list prescribed by Article 11 of the arrange- ment will contain the same particulars as the modification under Article 4 of the present regulations. ART. 11. The present regulation will continue in force for the Same length of time as the arrangement to which it refers. The contracting administrations may at any time introduce therein by mutual agreement such modifications as may seem necessary to them in accordance with the provisions of Article 10 of the said arrangement. IV. ARRANGEMENT OF APRIL 14, 1891. CONCERNING THE SUPPRESSION OF FALSE STATEMENTS OF ORIGIN OF MERCHANDISE. Signature, April 14, 1891, at Madrid. Deposit of ratifications, June 15, 1892, at Madrid. Coming into force, July 15, 1893. INTERNATIONAL UNIONS. 27 LIST OF MEMBERS AT THE RESTRICTED UNION. Spain, France, with Algeria and Colonies, Great Britain, Switzer- land and Tunis, since the arrangement came into operation. Portugal, with the Azores and Madeira, since October 31, 1893. Brazil, since October 3, 1893. ARTICLE 1. All products bearing a false statement of origin in which one of the contracting States or some locality situated in one or other of them is mentioned directly or indirectly as the country or place of origin shall be seized on importation into any one of the said States. The seizure may also be effected in the State where the false declar- ation of origin may have been affixed, or in that State into which the product bearing such false declaration shall have been introduced. If the laws of a State do not allow of the seizure on importation, such seizure to be substituted by a prohibition to import. If the laws of a State do not allow of a seizure inland, such seizure to be substituted by acts and measures which the laws of the said State provide in such cases for the benefit of natives. ART. 2. The seizure will be made either at the request of the proper public officer or an interested party, individual, or company, in accordance with the internal laws of each State. The authorities shall not be called upon to effect the seizure dur- ing transit. ART. 3. The present provisions do not prevent the seller putting his name or address on the products coming from a country other than that of sale, but in that case the address or name must be ac- companied by a precise statement in conspicuous characters of the country or place of manufacture or production. ART. 4. The tribunals of each country will have to decide what are the appellations which, from their generic character, are outside the provisions of this arrangement, the district appellations of the origin of wine products not being, however, included in the reserva- tion laid down by this article. ART. 5. The States of the Union for the protection of industrial property which have not taken part in the present arrangement will be admitted at their request to join the same in the form pre- scribed by Article 16 of the Convention of March 20, 1883, for the protection of industrial property. ART. 6. The present arrangement will be ratified and the ratifica- tions of the same exchanged at Madrid within a period of six months at the latest. It will come into operation in one month from the date of the exchange of ratifications and will have the same force and duration as the Convention of March 20, 1883. 28 INTERNATIONAL UNIONS. In witness whereof the plenipotentiaries of the States enumerated above have signed the present arrangement. FOUKTH INTERNATIONAL CONGRESS or AMERICAN STATES. CONVENTIONS RELATING TO PATENTS, TRADE-MARKS, DESIGNS, ETC. DEPARTMENT OF THE INTERIOR, UNITED STATES PATENT OFFICE, Washington, D. C '., February 23, 1911. The following conventions relating to patents, designs, and indus- trial models, trade-marks, and literary and artistic copyrights, which were prepared at the request of the Secretary of State by the Commissioner of Patents, who was designated by the President of the United States as the Expert Attache to the delegation of the United States of America to the Fourth International Congress of American States, were adopted by said Congress, which met at Buenos Ayres June 9 to August 30, 1910, and have been approved by the United States Senate. EDWARD B. MOORE, Commissioner of Patents. CONVENTION. Inventions, Patents, Designs, and Industrial Models. Their Excellencies the Presidents of the United States of America, the Argentine Republic, Brazil, Chile, Colombia, Costa Rica, Cuba, Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay, and Vene- zuela : Being desirous that their respective countries may be represented at the Fourth International American Conference, have sent thereto the following delegates, duly authorized, to approve the recommenda- tions, resolutions, conventions, and treaties which they might deem advantageous to the interests of America. (Here follow the names of the plenipotentiaries.) Who, after having presented their credentials, and the same having been found in due and proper form, have agreed upon the following convention on inventions, patents, designs, and industrial models. ARTICLE I. The subscribing nations enter into this convention for the protection of patents of invention, designs, and industrial models. ART. II. Any persons who shall obtain a patent of invention in any of the signatory States shall enjoy in each of the other States all the advantages which the laws relative to patents of invention, designs, INTERNATIONAL UNIONS. 29 and industrial models concede. Consequently, they shall have the right to the same protection and identical legal remedies against any attack upon their rights, provided they comply with the laws of each State. ART. III. Any person who shall have regularly deposited an appli- cation for a patent of invention or design or industrial model in one of the contracting States shall enjoy, for the purposes of making the deposit in the other States and under the reserve of the rights of third parties, a right of priority during a period of twelve months for patents of invention, and of four months for designs or industrial models. In consequence the deposits subsequently made in any other of the signatory States before the expiration of these periods can not be invalidated by acts performed in the interval, especially by other deposits, by the publication of the invention or its working, or by the sale of copies of the design or of the model. ART. IV. When, within the terms fixed, a person shall have filed applications in several States for the patent of the same invention, the rights resulting from patents thus applied for shall be independ- ent of each other. They shall also be independent of the rights arising under patents obtained for the same invention in countries not parties to this con- vention. ART. V. Questions which may arise regarding the priority of pat- ents of invention shall be decided with regard to the date of the ap- plication for the respective patents in the countries in which they are granted. ART. VI. The following shall be considered as inventions : A new manner of manufacturing industrial products, a new machine or mechanical or manual apparatus which serves for the manufacture of said products, the discovery of a new industrial product, the ap- plication of known methods for the purpose of securing better results, and every new, original, and ornamental design or model for an article of manufacture. The foregoing shall be understood without prejudice to the laws of each State. ART. VII. Any of the signatory States may refuse to recognize patents for any of the following causes: (a) Because the inventions or discoveries may have been published in any country prior to the date of the invention by the applicant. (b) Because the inventions have been registered, published, or described in any country more than one year prior to the date of the application in the country in which the patent is sought. (c) Because the inventions have been in public use, or have been on sale in the country in which the patent has been applied for, one year prior to the date of said application. 30 INTERNATIONAL UNIONS. (d) Because the inventions or discoveries are in some manner con- trary to morals or laws. ART. VIII. The ownership of a patent of invention comprises the right to enjoy the benefits thereof, and the right to assign or transfer it in accordance with the laws of the country. ART. IX. Persons who incur civil or criminal liabilities, because of injuries or damage to the rights of inventors, shall be prosecuted and punished in accordance with the laws of the countries wherein the offense has been committed or the damage occasioned. ART. X. Copies of patents certified in the country of origin, ac- cording to the national law thereof, shall be given full faith and credit as evidence of the right of priority, except as stated in Article VII. ART. XI. The treaties relating to patents of invention, designs, or industrial models, previously entered into between the countries sub- scribing to the present convention, shall be superseded by the same from the time of its ratification in so far as the relations between the signatory States are concerned. ART. XII. The adhesion of the American nations to the present convention shall be communicated to the Government of the Argen- tine Republic in order that it may communicate them to the other States. These communications shall have the effect of an exchange of ratifications. ART. XIII. A signatory nation that sees fit to retire from the pres- ent convention, shall notify the Government of the Argentine Re- public, and one year after the receipt of the communication th3 force of this convention shall cease, in so far as the nation which shall have withdrawn its adherence is concerned. In witness whereof, the plenipotentiaries have signed the present treaty and affixed thereto the seal of the Fourth International Ameri- can Conference. Made and signed in the city of Buenos Ayres on the 20th day of August, in the year 1910. in Spanish, English, Portuguese, and French, and deposited in the ministry of foreign affairs of the Argentine Republic, in order that certified copies be made for trans- mission to each of the signatory nations through the appropriate diplomatic channels. (The signatures follow.) CONVENTION. Protection of Trade-Marks. Their Excellencies the President of the United States of America, the Argentine Republic, Brazil, Chile, Colombia, Costa Rica, Cuba, INTERNATIONAL UNIONS. 31 Dominican Republic, Ecuador, Guatemala, Haiti, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Salvador, Uruguay, and Vene- zuela ; Being desirous that their respective countries may be represented at, the Fourth International American Conference, have sent thereto the following delegates, duly authorized to approve the recommenda- tions, resolutions, conventions, and treaties which they might deem advantageous to the interest of America . (Here follow the names of the plenipotentiaries.) Who, after having presented their credentials and the same having been found in due and proper form, have agreed upon the following Convention for the Protection of Trade-Marks. ARTICLE I. The signatory nations enter into this convention for th? protection of trade-marks and commercial names. ART. II. Any mark duly registered in one of the signatory States shall be considered as registered also in the other States of the Union, without prejudice to the rights of third persons and to the provisions of the laws of each State governing the same. In order to enjoy the benefit of the foregoing, the manufacturer or merchant interested in the registry of the mark must pay, in addition to the fees or charges fixed by the laws of the State in which application for registration is first made, the sum of fifty dollars gold, which sum shall cover all the expenses of both bureaus for the international registration in all the signatory States. ART. III. The deposit of a trade-mark in one of the signatory States produces in favor of the depositor a right of priority for the period of six months, so as to enable the depositor to make the deposit in the other States. Therefore the deposit made subsequently and prior to the expira- tion of this period can not be annulled by acts performed in the inter- val, especially by another deposit, by publication, or by the use of the mark. ART. IV. The following shall be considered as trade-mark: Any sign, emblem, or special name that merchants or manufacturers may adopt or apply to their goods or products in order to distinguish them from those of other manufacturers or merchants who manufac- ture or deal in articles of the same kind. ART. V. The following can not be adopted or used as trade-mark : National, provincial, or municipal flags or coats of arms; immoral or scandalous figures; distinctive marks which may have been ob- tained by others or which may give rise to confusion with other marks; the general classification of articles; pictures or names of persons without their permission; and any design which may have been adopted as an emblem by any fraternal or humanitarian asso- ciation. 9816919 3 32 INTERNATIONAL UNIONS. The foregoing provision shall be construed without prejudice to the particular provisions of the laws of each State. ART. VI. All questions which may arise regarding the priority of the deposit or the adoption of a trade-mark shall be decided with due regard to the date of the deposit in the State in which the first application was made therefor. ART. VII. The ownership of a trade-mark includes the right to enjoy the benefits thereof and the right of assignment or transfer in whole or in part of its ownership or its use in accordance with the provisions of the laws of the respective States. ART. VIII. The falsification, imitation, or unauthorized use of a trade-mark, as also the false representation as to the origin of a product, shall be prosecuted by the interested party in accordance with the laws of the State wherein the offense is committed. For the effects of this article, interested parties shall be understood to be any producer, manufacturer, or merchant engaged in the pro- duction, manufacture, or traffic of said product, or in the case of false representation of origin, one doing business in the locality falsely indicated as that of origin, or in the territory where said locality is situated. ART. IX. Any person in any of the signatory States shall have the right to petition and obtain in any of the States, through its competent judicial authority, the annulment of the registration of a trade-mark, when he shall have made application for the registra- tion of that mark, or of any other mark, calculated to be confused, in such State, with the mark in whose annulment he is interested, upon proving : (a) That the mark the registration whereof he solicits has been employed or used within the country prior to the employment or use of the mark registered by the person registering it or by the persons from whom he has derived title: (b) That the registrant had knowledge of the ownership, employ- ment, or use in any of the signatory States of the mark of the appli- cant the annulment whereof is sought prior to the use of the regis- tered mark by the registrant or by those from whom he has derived title ; (c) That the registrant had no right to the ownership, employ- ment, or use of the registered mark on the date of its deposit; (d) That the registered mark had not been used or employed by the registrant or by his assigns within the term fixed by the laws of the State in which the registration shall have been made. ART. X. Commercial names shall be protected in all the States of the Union, without deposit or registration, whether the same form part of a trade-mark or not. INTERNATIONAL UNIONS. 33 ART. XI. For the purposes indicated in the present convention a Union of American Nations is hereby constituted, which shall act through two international bureaus established one in the city of Habana, Cuba, and the other in the city of Kio de Janeiro, Brazil, acting in complete accord with each other. ART. XII. The international bureaus shall have the following duties : 1. To keep a register of the certificates of ownership of trade-mark issued by any of the signatory States. *2. To collect such reports and data as relate to the protection of in- tellectual and industrial property and to publish and circulate them among the nations of the union, as well as to furnish them whatever special information they may need upon this subject. 3. To encourage the study and publicity of the questions relating to the protection of intellectual and industrial property ; to publish for this purpose one or more official reviews, containing the full texts or digest of all documents forwarded to the bureaus by the authorities of the signatory States. The Governments of said States shall send to the International American Bureaus their official publications which contain the an- nouncements of the registrations of trade-marks, and commercial names, and the grants of patents and privileges as well as the judg- ments rendered by the respective courts concerning the invalidity of trade-marks and patents. 4. To communicate to the Governments of the Union any difficul- ties or obstacles that may oppose or delay the effective application of this convention. 5. To aid the Governments of the signatory States in the prepara- tions of international conferences for the study of legislation con- cerning industrial property, and to secure such alterations as it may be proper to propose in the regulations of the Union, or in treaties in force to protect industrial property. In case such conferences take place, the directors of the bureaus shall have the right to attend the meetings and there to express their opinions, but not to vote. 6. To present to the Governments of Cuba and of the United States of Brazil, respectively, yearly reports of their labors, which shall be communicated at the same time to all the Governments of the other States of the Union. 7. To initiate and establish relations with similar bureaus and with the scientific and industrial associations and institutions for the exchange of publications, information, and data conducive to the progress of the protection of industrial property. 8. To investigate cases where trade-marks, designs, and industrial models have failed to obtain the recognition of registration provided 34 INTERNATIONAL UNIONS. for by this Convention, on the part of the authorities of any one of the States forming the Union, and to communicate the facts and reasons to the Government of the country of origin and to interested parties. 9. To cooperate as agents for each one of the Governments of the signatory States before the respective authorities for the better per- formance of any act tending to promote or accomplish the ends of this Convention. ART. XIII. The bureau established in the city of Habana, Cuba, shall have charge of the registration of trade-marks coming from the United States of America, Mexico, Cuba, Haiti, the Dominican Re- public, El Salvador, Honduras, Nicaragua, Costa Rica, Guatemala, and Panama. The bureau established in the city of Rio de Janeiro shall have charge of the registration of trade-marks coming from Brazil, Uruguay, the Argentine Republic, Paraguay, Bolivia, Chili, Peru, Ecuador, Venezuela, and Colombia. ART. XIV. The two International Bureaus shall be considered as one, and for the purpose of the unification of the registrations it is provided : (a) Both shall have the same books and the same accounts, kept under an identical system. (b) Copies shall be reciprocally transmitted weekly from one to the other of all applications, registrations, communications, and other documents affecting the recognition of the rights of owners of trade-marks. ART. XV. The International Bureaus shall be governed by iden- tical regulations, formed with the concurrence of the Governments of the Republic of Cuba and of the United States of Brazil and ap- proved by all the other signatory States. Their budgets, after being sanctioned by the said Governments, shall be defrayed by all the signatory States in the same proportion as that established for the International Bureau of the American Republics at Washington, and in this particular they shall be placed under the control of those Governments within whose territories they are established. The International Bureaus may establish such rules of practice and procedure, not inconsistent with the terms of this Convention, as they may deem necessary and proper to give effect to its provisions. ART. XVI. The Governments of the Republic of Cuba and of the United States of Brazil shall proceed with the organization of the Bureaus of the International Union as herein provided, upon the ratification of this Convention by at least two-thirds of the nations belonging to each group. INTERNATIONAL UNIONS. 35 The simultaneous establishment of both bureaus shall not be neces- sary ; one only may be established if there be the number of adherent Governments provided for above. .ART. XVII. The treaties on trade-marks previously concluded by and between the signatory States shall be substituted by the present Convention from the date of its ratification, as far as the relations between the signatory States are concerned. ART. XVIII. The ratifications or adhesion of the American States to the present Convention shall be communicated to the Government of the Argentine Republic, which shall lay them before the other States of the Union. These communications shall take the place of an exchange of ratifications. ART. XIX. Any signatory State that may see fit to withdraw from the present Convention shall so notify the Government of the Argen- tine Republic, which shall communicate this fact to the other States of the Union, and one year after the receipt of such communication this Convention shall cease with regard to the State that shall have withdrawn. In witness whereof the plenipotentiaries and delegates sign this convention and affix to it the seal of the Fourth International Ameri- can Conference. Made and signed in the city of Buenos Ayres on the 20th day of August, in the year 1910, in Spanish, English, Portuguese, and French, and filed in the Ministry of Foreign Affairs of the Argentine Republic in order that certified copies may be made, to be forwarded through appropriate diplomatic channels to each one of the signatory nations. (The signatures follow.) AUSTRIA. [Law of the llth of January, 1807, for the Protection of Inventions (Patent Law).J With the consent of both Houses of the Imperial Parliament I decree as follows : I. GENERAL PROVISIONS. INVENTIONS EXCLUDED FROM PROTECTION BY PATENT. SECTION 1. New inventions which allow of industrial application shall be protected under this law. Patents shall be granted for the same upon application. INA^ENTIONS EXCLUDED FROM PROTECTION BY PATENT. SEC. 2. Patents shall not be granted : 1. For inventions the object or use of which is contrary to law or morality or injurious to health, or which are obviously intended to mislead the public. 2. For scientific doctrines or principles as such. 3. For inventions the subject of which is reserved for a State monopoly. 4. For inventions concerning (a) Articles for human food and consumption, (1)} Preparations for medicine or disinfection, (c) Products which are obtained by chemical methods, in so far as the inventions mentioned in paragraph 4, (a) to (. The specification of. the invention, prepared according to the provisions of this law (sec. 52), in duplicate, signed by the applicant for the patent or his representative. PATENT SPECIFICATION. SEC. 52. The patent specification shall : 1. Describe the invention in such a clear, lucid, and complete man- ner that the use of the invention is thereby rendered possible to per- sons versed in the art. 2. Exactly and distinctly indicate, by one or several claims at the end of the description, that which is novel and consequently forms the subject of the patent. 3. Comprise such drawings, prepared in a .durable manner, as may be necessary for the understanding of the description, and, if neces- sary, also be accompanied by models and samples. Alterations in the statements contained in the description may be made until the Patent Office have decided to publish the application. With reference to alterations in the essence of the invention, the Patent Office (application department), after hearing the persons in- terested, may decide that the application shall date only from the time of making these alterations (sec. 54). FriJTIIKU KEQl :iI?KMEXTS IX THE APPLICATION. SEC. 53. The creation of further requirements in the application and patent specification shall be determined by the regulating powers of the Minister of Commerce, with the concurrence if necessary of the departmental minister concerned. PRIORITY. SEC. 54. The applicant shall acquire right to priority for his in- vention from the date of the regular application for a patent (sees. 48-53). He shall, commencing with this date, enjoy priority as against any other similar invention applied for later. If the application be defective, it may, after removal of the de- fects in proper time (sec. 55), be regarded as having been regularly made at the date of its first delivery, in so far as the removal of the defects leaves unaltered the essence of the invention. If the removal of the defects in proper time cause an alteration by way of addition in the essence of the invention, the invention shall only be deemed to have been regularly lodged at the date of the re- moval of the defects, and shall enjoy the right to priority from this date only. 54 AUSTRIA. PRELIMINARY EXAMINATION . SEC. 55. The application shall undergo a preliminary examination by a member of the application department. If the application do not comply with the requirements pre- scribed, the applicant for the patent shall be required to remove the defects within a specified time. If the preliminary examination, made if necessary with the con- currence of the experts concerned, show that according to sections 1. 2, or 3 there is obviously no patentable invention, the patent ap- plicant shall, after being possibly summoned and heard by the member of the application department entrusted with the prelimi- nary examination, be informed hereof, the reasons being given, and shall be requested to answer within a specified time. The application department shall give a decision concerning the application after receiving a reply within the proper time, or, after the expiration of this time, without reply. The president of the Patent Office shall have the right of making rules concerning the principles on which the preliminary examina- tion shall be conducted, and concerning the procedure to be ob- served therein by the members of the application department, in which it shall be especially emphasized that at the preliminary examination the value of the invention applied for shall not be sub- ject to judgment of any kind. REJECTION OF THE APPLICATION. SEC. 56. If the original or amended application do not satisfy the prescribed conditions, or if it appear that according to sections 1, 2, or 3 there is obviously no patentable invention (sec. 55), the appli- cation shall be rejected. If the rejection take place upon a ground not already known to the applicant for the patent on the occasion of the preliminary examination, he shall be given the opportunity of replying to this ground of rejection within a specified time. ACCEPTANCE OF THE APPLICATION, PUBLICATION, AND LAYING OPEN TO OPPOSITION. SEC. 57. If the Patent Office be of opinion that the application is a. proper one, and that the grant of a patent is not precluded, it shall order the official publication of the application (laying open to opposition). The publication of the application shall take place by publishing once in the official patent journal the name, occupa- tion, and residence of the applicant for the patent, the subject of AUSTRIA. 55 the invention, and the patent claims contained in the application, or the e.-sentiiil contents of the same, and also the date of application. The legal rights under the patent (sec. 8) shall, as regards the subject of the application, temporarily commence in favor of the applicant for the patent from the date of the issue of the patent journal (publication), which date shall be apparent upon the same. Simultaneously with the publication, the application, with all an- nexed documents, shall be laid open to public inspection at the Patent Office for two months. The Patent Office may, if necessary, arrange for inspection at other places also. The patent specification laid open to inspection shall enjoy the protection accorded by law to works of literature until the grant of the patent and, if such grant should not take place, until the expira- tion of five years from the date of laying open to inspection. The publication and laying open to inspection shall, at the request of the applicant for the patent, be delayed for the term of at least three, but at most six, months, reckoned from the date of the decision concerning publication. OPPOSITION. SEC. 58. Opposition to the grant of a patent may be made at the Patent Office within a period of two months from the date of publi- * ation. The opposition shall be in writing and shall be lodged in duplicate. It shall only be founded on the following grounds, established by definite facts: 1. That the subject is not patentable (sees. 1-3). 2. That the invention corresponds substantially with an invention previously applied for, or previously patented or privileged. 3. That the "applicant for the patent is not the author of the in- vention, or his legal successor, or to be regarded as such (sec. 5). 4. That the essential contents of the application opposed have been taken without consent from the descriptions, drawings, models, tools, or apparatus of another, or from a process used by him. In a case coming under (3) the author only, or his legal successor, and in a case coming under (4) only the injured party shall be en- titled to oppose. A copy of the opposition shall be handed to the applicant for de- livery of his written reply within a term of thirty days, which term may be prolonged for sufficient reason. OPPOSITION PROCEDURE. SEC . 59. As soon as the reply has been made, or the term for its delivery has expired, the referee entrusted with the matter shall 56 AUSTRIA. make the necessary arrangements for any further correspondence which may be necessary, for hearing the parties interested, producing the proof tendered by the parties, taking of proof, and also generally for the purpose of obtaining the most trustworthy elucidation of the true facts. CONSIDERATION OF EVIDENCE AND DECISION. SEC. 60. After completion of the preliminaries, the Patent Office (application department) shall, after full consideration of the proof brought forward, form a decision in private session concerning the grant of the patent. COSTS. SEC. 61. In their decision the Patent Office (application depart- ment) shall at their absolute discretion state the proportions in which the costs of the proceedings and legal assistance shall fall on the parties, and the amount thereof. PATENT APPLICATION OF THE OPPONENT. SEC. 62. If the opposition in cases under section 58, subsections '> and 4, result in the rejection or refusal of the application, the party who opposed may, if he on his side make application for the inven- tion within thirty days after delivery of the decision of the Patent Office respecting it, require that the date of the rejected or refused application be fixed as the date of his application. APPEAL. SEC. 63. The applicant for a patent may appeal against the de- cision by which the application is refused or sent back for amend- ment (sec-s.. 56 and 60), and the applicant for a patent, or the party who opposed, may appeal against the decision granting a restricted or unrestricted patent, such appeals to be entered within thirty days after delivery of the decision. Appeals made too late shall be rejected without instituting the ap- peal procedure. The appeal, and its annexed documents, shall be lodged together with the number of copies necessary for the opponent* A copy of the appeal shall be given to the opponent for delivery of the reply within a period of at least fourteen days, which for im- portant reasons may be prolonged. For the further procedure before the appeal departments the provisions (sees. 59 to 62) made for the application departments shall apply. AUSTRIA. 57 In the appeal procedure new facts may be brought forward. If the decision concerning the appeal be based on circumstances other than those taken into consideration in the decision of the appli- cation department appealed against, the parties concerned shall previously be given opportunity of expressing opinion thereon within a given time. LETTERS PATENT PUBLICATION . SEC. 64. If the grant of the patent be finally decided on, the Patent Office shall order the entry of the protected invention in the register of patents, the publication of the grant in the patent journal, the preparation of the Letters Patent for .the patentee, and also the printing and publication of the patent specification. GOVERNMENT OR WAR OFFICE PATENTS. SEC. 65. If an invention applied for in the interest of the equip- ment of the armed forces, or for other interest of State, by the Gov- ernment or War Office be in question, or an invention applied for relatively to which the Government or War Office have made good their right of expropriation (sec. 15), the grant of the patent shall, upon their proposal, take place without any publication. In this case the laying open to inspection and printing of the specification, and also the entry of the subject of the invention in the public reg- ister of patents, shall be dispensed with. The publication and con- plete entry may at any subsequent date be demanded by the Govern- ment or War Office. The term of such patents, the publication of which has stood over, shall run from the date on which the grant was finally decided upon. REFUSAL. SEC. 66. The withdrawal of an application after publication (sec. 57) or the refusal of the patent hall be published. Upon publication of the withdrawal or refusal of the patent, the effect of the temporary protection (sec. 57, par. 2) shall be considered as not having taken place. (B) IN THE LITIGATION or PATENTS. INSTITUTION OF THE DEMAND. SEC. 67. The institution of the suit for the withdrawal, declara- tion of nullity, or forfeiture of patents shall ensue only upon demand. The Patent Office shall, however, be empowered to proceed ex officio with a suit brought for withdrawal or annulment if the demand be withdrawn. 58 AUSTRIA. If the bringer of the suit do not reside in the country, he shall be represented in the country by an advocate, and shall give to the opponent, upon his request, security for the costs of the suit. This request must be made, under penalty of forfeiting the claim to security, within fourteen days after delivery of the demand. The amount of security shall be fixed by the Patent Office at their free discretion. The bringer of the suit shall be allowed a period within which to give security. If the security be not given before the expiration of the period, the demand shall be regarded as with- drawn. IMMEDIATE REJECTION. SEC. 68. Demands for the withdrawal, declaration of nullity, or forfeiture of a patent which are obviously not founded upon a legal ground, and also petitions which contain no definite request, or to make Avhich the bringer of the suit has no title (sees. 29 and 30), may be rejected by the Patent Office (annulment department), the grounds being given, without further procedure. Such decisions shall be regarded as final decisions. FORM AND CONTENTS OF THE DEMAND. SEC. 69. The demand shall contain a concise statement of the mat- ter in dispute, and in addition to the definite request an indication of the nature of proof to be made good. Documentary evidence shall be annexed in the original or as legalized copies. The demand, together with its annexed documents, shall, if di- rected against one patentee only, be lodged in duplicate at the Patent Office. If the demand be directed against several patentees there shall, in addition to the copy intended for the Patent Office, be lodged for each of the persons concerned a duplicate of the demand, together with copies of the annexed documents. Every demand shall have as subject of dispute a single patent only, together with its patents of addition. PROCEDURE IN NULLITY ACTIONS. SEC. 70. The referee intrusted with the matter shall, if the demand be found suitable for instituting a suit, deliver a duplicate of the same, together with copies of the annexed documents, to the person concerned, with the instruction to lodge his reply in writing in dupli- cate within a period of at least thirty days, prolongation of which may be allowed by the referee for sufficient reason. A copy of the replies lodged' and the annexed documents shall be delivered by the referee to the complainant. AUSTRIA. 59 PRELIMINARY PROCEDURE. SEC. 71. As soon as the replies are lodged, or the period for their delivery has expired without reply, the referee shall make the neces- sary arrangements for any further . correspondence which may be necessary, for the production of the means of proof tendered by the parties, for the taking of such proof which it does not appear prac- ticable to take in the verbal proceedings, and also generally for the purpose of obtaining the most trustworthy elucidation of the true facts, and for the proper preparations for the proceedings. A minute shall be drawn up by a sworn secretary, if necessary with the assistance of some technical person, of the evidence taken in the presence of the parties in consequence of these proceedings. REPORT OF THE PROCEEDINGS. SEC. 72. After completion of the preliminary procedure there shall follow the report of the verbal proceedings by the president of the Patent Office or his deputy. The report of the proceedings shall not take place if the Patent Office (annulment department) decide in private session that the demand shall be rejected as unsuitable for trial because of the non- competence of the Patent Office, or because of it being a matter al- ready adjudicated. SUMMONS. SEC. 73. The parties concerned, or the representative appointed by them, and also the witnesses and experts agreed upon by arrange- ment with the referee (sec. 71) at the proceedings, shall be summoned to the trial. The non-appearance of the persons concerned or their representa- tives shall not prevent trial and decision. TRIAL. SEC. 74. The trial shall be conducted and carried into effect ac- cording to the provisions, applied as near as may be, of sections 177 to 203 of the law of the 1st of August, 1895 (civil procedure regula- tion). Besides the cases provided for in section 172 of the civil procedure regulation, publicity of the trial may upon request be dispensed with, either in respect of a portion of the procedure or for the entire trial, if by publicity an important interest of State, or a trade or commer- cial secret of one of the parties, or of a witness, be imperilled. 60 AUSTRIA. The members of the Patent Office and Patent Court, and also the reporting officials of the Ministry of Trade, shall be allowed access in .spite of publicity having been dispensed with. PROOFS AND TAKING PROOF. SEC. 75. The procedure for procuring proofs shall, unless provi- sions contrary to this law are involved, be carried out according to the provisions, applied as near as may be, of sections 266 to 383 of the law of the 1st of August, 1895, concerning the legal procedure in cM-il suits (civil procedure regulation). Testimony given by the witnesses before the Patent Office, and also statements given upon oath by the parties before the Patent Office, shall be equivalent to legal testimony. The foregoing principles concerning proof procedure shall apply to the preliminary proceedings and also to the trial. DELIBERATION AND VOTING. SEC. 76. Deliberation and voting of the annulment department rshall take place in private session. COSTS OF ACTION. SEC. 77. In the decision the Patent Office shall, at their absolute discretion, state the proportions in which the costs of the proceed- ings and legal assistance shall be chargeable to the parties, and the amount thereof. Any private legal claims shall be referred to the ordinary courts. Whoever withdraws a claim shall make good to the defendant the costs incurred ; the amount thereof shall be determined by the Patent Office. CONTENTS OF THE DECISION. SEC. 78. The written decision shall contain: 1. The designation of the division and the names of the members who have taken part in 'the decision. 2. The designation of the parties, their representatives and at- torneys, as also their relation to the parties. 3. The decision. 4. The facts of the decision, consisting in a concise statement of the condition of affairs resulting from the verbal procedure, the principal claims made by the parties being brought into promi- nence. 5. The grounds for the decision. AUSTRIA. 1 PROMULGATION OF THE DECISION. Six. 79. When possible the decision, with the essential grounds therefor, shall be given by word of mouth directly after the close of the verbal proceedings. In all cases, however, the decision, in writing, together with the full grounds for the same, shall as soon as possible be sent to the parties. KEEPING THE MINUTES. SEC. 80. A sworn secretary shall, if necessary with the assistance of some technical person, draw up a minute of the proceedings. The same shall contain the names of the members of the annulment department present, of the parties and their representatives, and also the essential events in the proceedings, in particular the state- ments and opinions of any witness or expert heard, as also the de- mands of the parties and decisions thereon. In a closed session a separate minute shall be kept, in which the result of the deliberation and voting shall appear. Each of these minutes shall be signed by the president and the secretary. INSPECTION OF RECORDS. SEC. 81. The parties or their representatives shall, in so far as it may not be contrary to the provisions of section 65, be allowed to in- spect the records of the proceedings, with the exception of the de- liberation record. PENALTY FOR VEXATIOUS ACTIONS. SEC. 82. Parties, or their representatives, who are guilty of an obviously vexatious patent action may be condemned to a fine of 300 florins. LEGAL ASSISTANCE. SEC. 83. The court shall be under the obligation of rendering legal assistance to the Patent Office. RESTORATION AND RESUMPTION OF THE PROCEEDINGS. SEC. 84. A restoration shall not be allowed in case prescribed peri- ods have been allowed to lapse. If a decision cause the whole or partial withdrawal, declaration of nullity, or forfeiture of a patent, or an application having the 62 AUSTRIA. above in view be wholly or partially rejected, a party shall upon request be permitted to reopen the closed proceedings : 1. If a document, upon which the decision is founded, be fraudu- lently fabricated or forged. 2. If a witness or an expert have been guilty of a false statement, or the opponent in his examination guilty of a false oath, and the decision be founded upon this statement. 3. If the decision were obtained by means of a fraudulent pro- ceeding, capable of being prosecuted in legal criminal proceedings, on the part of the representative of the party, by the opponent, or his representative. 4. If a member who has taken part in the decision, or in a former- decision, forming the basis of the decision, have in the action, to the prejudice of the party, been guilty of a violation of his official duty punishable by criminal law. 5. If a criminal sentence upon which the decision is based be quashed by another judgment which has become legally valid. The restoration may, however, only be demanded by the parties to the action if made within one year after legal validity of the decision to be challenged, and without prejudice to the rights acquired in the meantime by third persons. In particular those who subsequently put the invention into prac- tice, or have made the preparations necessary therefor, acquire the right appertaining to the prior use of the invention (sec. 9). That Patent Court (annulment department of the Patent Office or Patent Court) which gave the decision appealed against shall be called upon to decide the demand for restoration. The request for restoration of the proceedings shall not delay the execution of the decision. SEC. 85. If a patent be entered as not in force in the register of patents by the Patent Office in error, the Patent Office shall, upon ascertaining the error, order and give notice of the cancelling of this entry. In the meantime the rights acquired in good faith by third persons shall remain protected in such case as in the case of restora- tion. EXECUTION. SEC. 86. Legally valid judgments of the Patent Office, as also of the Patent Court, are capable of judicial execution. APPEAL. SEC. 87. Any person who considers himself aggrieved by a final decision of the annulment department of the Patent Office may appeal to the Patent Court. AUSTTtlA. 63 A special appeal shall not lie against decisions given and deter- minations formed by the annulment department in the course of the preliminary proceedings or the trial. The same shall pnly be called into question on the appeal to the Patent Court, if they have had an influence upon the final decision (sec. 39). The appeal shall be notified, and reasons given in writing, at the * Patent Office within thirty days after the date of delivery of the decision appealed against. The appeal document and its annexed documents shall be lodged with the necessary number of copies for the opponent. , SUBMISSION OF THE APPEAL. SEC. 88. The appeal document, delivered in proper time and com- plying Avith the legal regulations, shall, together with all documents of (he proceedings, be submitted by the Patent O'ffic'e to the Patent Court, and shall have a suspensive action. Appeal documents overdue, or not complying with the require- ments of section 87, shall be rejected by the Patent Office (annulment department). DECISION OF THE PATENT COURT. SKC. 89. The Patent Court shall form its decision concerning the appeal, allowed in accordance with section 88, upon the basis of the facts and evidence laid before the Patent Office. The Patent Court shall refer the subject of the action to a second trial and decision by the Patent Office only if on the part of the Patent Office essential formalities of the trial w^ere violated, the 1 disregard of which hindered the formation of a legal decision. BUSINESS ARRANGEMENTS. SEC. 90. The Patent Court shall itself make its business arrange- ments and shall publish the same. PROCEDURE. SEC. 91. For the rest, the provisions of sections 68 to 84 shall be applied, as near as may be, for the procedure before the Patent Court. Fresh evidence shall not be taken in these proceedings. METHOD OF VOTING. SEC. 92. The Patent Court shall decide by an absolute majority of votes. With an equality of votes the vote of the president shall be decisive. 9316919 5 64 AUSTRIA. LIMITATION OF THE NULLITY AND WITHDRAWAL CLAIMS. SEC. 93. The legally valid decision given by the Patent Office or the Patent Court (1) In nullity suits: (a) That a given fact is not an obstacle to the patentability of the invention in accordance with sections 1, 2. and 3 ; (b) That the invention does not correspond with the subject of a prior patent or privilege. (2) In a withdrawal suit: That the invention has been legally worked, may, if the patentee in the course of the action have so demanded, in accordance with the arrangements made for this purpose by the Patent Office or by the Patent Court, be entered in the register of patents, -with the effect that after the date of the entry the patent can not be the subject of, a fresh action supported by like facts and the same testimony even by third parties. DETAILED PROVISIONS FOR THE PATENT COURT. SEC. 94. The detailed provisions concerning the organization of the Patent Court, concerning the procedure before the same, and con- cerning the carrying out of its decisions and orders, shall be de- termined by regulation. IV. PATENT INFRINGEMENTS AND PRETENSIONS. I NFRINOEMEN TS . SEC. 95. Pie \vho without the consent of the owner of the patent (a) Commercially produces, brings into the market, exposes for sale, or uses the subject of the protected invention (sec. 8)'; (b) Uses not merely for the needs of his own trade, in his own or other works, the patented invention, which he already at the date of the application had in good faith used in the country, or with regard to which he had made the necessary arrangements for such use (sec. 9). shall commit an infringement. ACTIONS FOR INJUNCTIONS. SEC. 96. The injured party shall have against every inf ringer a claim for the recognition of his patent right, cessation of further acts of infringement, removal of the infringing articles, alteration of the means of infringement, indemnification, or delivery of the profits. AUSTRIA. 65 Jurisdiction concerning such claims shall appertain to the court intrusted with jurisdiction over trade matters. WILLFUL INFRINGEMENT. SEC. .97. If the infringement have been committed willfully it shall constitute a misdemeanor, and the guilty party shall be punished by the court of first instance appointed for the exercise of correctional jurisdiction by a fine of from 500 to 2,000 florins, or by imprisonment of from three months to a year, to which a fine of not more than 2,000 florins may be added. Penal proceedings shall only ensue upon the demand of the injured party as private prosecutor. Simultaneous application of the more strict provisions of the general penal code, especially those concerning fraud, shall not be hereby excluded. The fines shall be paid to the State treasury. IMPORTANCE OF THE PATENT SPECIFICATION FOR INFRINGEMENT. SEC. 98. The description of the invention forming the basis of the patent (sec. 52) shall be the sole standard for deciding whether a patent has been infringed, and in no case shall any subsequent statement not contained in this specification of the object of the patent be taken into consideration. MILITARY JURISDICTION. SEC. 99. Persons in the armed forces, and in the Imperial Royal Gendarmerie in active service, shall be subject to military jurisdic- tion with reference to all offenses and transgressions coming under chis law. CONFISCATION OF PATENTED ARTICLES. SEC. 100. In sentences or offenses under section 97 it shall, at the demand of the injured party, be pronounced that the infringing arti- cles found in the possession of the guilty party shall be confiscated, unless security be furnished that they shall be put out of use until the expiration of the term of the patent, and that the instruments, apparatus, and other means which have exclusively or principally served to commit the infringement shall be rendered unsuitable for this use at the cost of the condemned person, unless security be fur- nished also in like manner with reference to this consideration. If it be not possible to separate the patented portions from the in- fringing articles without destruction of the infringing articles, con- 66 AUSTRIA. fiscation shall extend to the entire infringing article integral with the patented portion. Articles declared confiscated shall, unless an understanding be come to between the condemned and the injured party for their cession, with allowance for the compensation which may be due to the latter, or if the injured party be not willing to take Over the articles declared confiscated at a valuation by the court as part con- sideration for the compensation which may be clue to him, be de- prived of the features iti which they infringe the patent ; if necessary r however, they shall be destroyed. The execution of such a decision shall take place at the cost of the guilty party, if necessary in agreement with experts. SEC. 101. If the penal procedure, without leading to the condem- nation of the accused, establish the fact that an infringement has been committed, there shall, upon demand of the injured party, be pronounced, in the acquitting judgment, the confiscation of the in- fringing article and the putting out of use of the means according to the provisions of section 100. The execution of such a decision shall take place if necessary in agreement with experts. The costs of execution shall be borne by both sides in equal por- tions. INFRINGING ARTICLES EXEMPT FROM CONFISCATION. SEC. 102. Infringing articles (sees. TOO and 101) manufactured in fulfillment of a contract with the War Office, and their means of production prepared for this object, shall, if the War Office, within a period to be fixed by a judge, be able to prove the lodging of a request for expropriation (sec. 15), neither be declared confiscated nor made unusable, nor form the subject of measures directed to those ends (sec. 105). The damage caused by these infringing articles to the party whose patent has been expropriated shall be comprised in the total of the indemnification to be computed. INDEMNIFICATION. SEC. 103. In the case of condemnation for the offense mentioned in section 97, the penal court shall, at the demand of the injured party r award, besides the penalty, also an indemnification, if the results of the penal procedure allow a trustworthy judgment of the civil claims to be. made. The indemnification shall include, not only the exact reimbursement and the compensation for the profit lost, but there shall in addition, at the free discretion of the court, after taking into consideration all the circumstances, be awarded to the injured party AUSTRIA. 67 a sum commensurate with the annoyance and other personal incon- veniences suffered. Both parties may appeal against the decision re- lating to the claim for indemnification. An indemnity awarded shall not prevent the party injured from making a claim to a more complete indemnity before the civil judge. PUBLICATION OF THE SENTENCE. SEC. 104. If punishment be awarded, the injured party shall, on his request, be given the right to publish in one or several public journals, at the cost of the condemned, the condemnation of the guilty party, nnd, if in the opinion of the court the injured party have a legiti- mate interest, the grounds also of the sentence. The maximum of these costs and the other conditions relative to this publication, and also the period for the same, shall be determined in the judgment, regard being had to the propositions made by the injured party. PRECAUTIONARY MEASURES OF SECURITY. SEC. 105. If sufficient reasons exist for suspecting a given person of the offense of infringement, and it appear justifiable to assume the existence of an infringement of a patent, on the grounds of a judicial inspection undertaken, or of an opinion of an expert, suit- able precautionary measures shall be taken on demand of the injured party in any stage of penal procedure, and in the event of danger in delay even before instituting the same, by way of judicial seizure, for the judicial or other custody or trust, in order that through those precautionary measures of security the infringing articles and the instruments serving for the infringement may not be withheld from future confiscation or from transformation under sections 100 and 101, and with the view of preventing the continuation and the repetition of the punishable act. The penal court shall pronounce immediately upon such a demand ; it shall be free to authorize unconditionally, or upon security de- posited by the injured party, the demanded seizure or safe custody or other measures demanded. The court shall be authorized to order at any time the removal of these precautionary measures for security, and shall be bound to do so if the accused furnish a sufficient security. If precautionary measures for security have been authorized before the commencement of the penal procedure, the person who demanded them shall, within eight days from the date of taking the same, com- mence the penal procedure, in default of which the precautionary measures for securit} 7 shall be revoked at the demand of the accused. PRELIMINARY QUESTIONS. SEC. 106. It shall also be permissible to institute penal proceedings for the unauthorized use of an invention in cases in which, although 68 AUSTRIA. a patent has not been granted, yet the effect of a granted patent has temporarily come into effect for the same under section 57. Sentence shall, however, not be passed, nor may the precautionary measures mentioned in section 105 take place, before the grant of the patent. PRELIMINARY QUESTIONS. SEC. 107. If it appear, in the course of the penal proceedings, that judgment is dependent on a preliminary question concerning the validity or efficacy of the patent infringed, the penal court shall be entitled to decide also concerning the preliminary question. If, how- ever, the preliminary question has been already raised before the commencement of or during the process, by a sufficient motion made before the Patent Office by one of the parties, the penal court may suspend judgment until the pronouncing of the legal decision con- cerning* the preliminary question, which decision shall then form the basis of the judgment. The penal court may, in infringement processes in which a prelimi- nary question has to be decided, call for the cooperation in the main proceedings of technical members of the Patent Office as experts. Members of the Patent Office who have already taken part in a de- cision concerning the validity or efficacy of the patent infringed shall be debarred from cooperation as experts. The effect of the legal decision concerning the preliminary ques- tion shall remain limited to the penal case in question. Certified copies of judgment concerning a preliminary question shall be sent to the Patent Office by the court. ACTION BEFORE A CIVIL, JUDGE. SEC. 108. In claims for infringements (sec. 96) brought before a civil judge the provisions of sections 98, 100, 102, 105, 106, and 107 shall be applied, as near as may be. The right to indemnification in the sense of section 103 appertains to the injured party against every person who is chargeable with culpable infringement. Even if the accused have committed no penal offense, the injured party shall be entitled to call for the payment by him of the resulting profit. SEC. 109. If claims for indemnification be made under this law before a civil judge, the latter shall at his free discretion, after taking into consideration all the circumstances, decide both concerning the existence and also concerning the amount of damage and concerning the value and the amount of profit. AUSTRIA. 69 INFRINGEMENT OP A PATENTED PROCESS. SEC. 110. If in an action for infringement brought before a civil judge an infringement of an invention, which has for its object a process for the production of a new material, be in question, every material of like properties shall, until proof to the contrary be given, be regarded as produced according to the patented process. APPLICATION FOR DECISION AS TO INFRINGEMENT. SKC. 111. It shall be open to any person to have established by decision whether products which he wishes to manufacture, bring into the market, or use, or whether a process w 7 hich he intends to employ, does or does not come either wholly or partially under a given patent mentioned by him. This application for a decision as to infringement shall be made in writing, in duplicate, at the Patent Office, the annulment depart- ment of which shall decide thereon. An exact and clear description and drawing in triplicate of the article in question or process shall be annexed. Such application for decision as to infringement shall only be made with reference to one patent, together with its patents of ad- dition, and the proceedings instituted shall only then be prosecuted if the owner of the patent be not able to show that an action for infringement relating to the same matter in dispute, brought by him against the applicant before the bringing of his application, is still pending. The procedure concerning an application for decision as to in- fringement shall be regulated according to the regulations made for nullity procedure, except that the costs of the suit of the Application as to infringement before the Patent Office shall in all cases be borne by the applicant. A copy of the description and drawing of the article or process in question, furnished by the applicant, shall be annexed to the de- cision as to infringement. A legally valid decision that a given product or process does not fall within a given patent shall exclude any legal step for infringe- ment with reference to the product or process mentioned in the decision on the part of the owner of the patent against the person who obtained the decision. COMPENSATION FOR UNJUSTIFIABLE PROCEEDINGS FOR OBTAINING SECURITY. I SEC. 112. The obtaining of legal precautionary measures for se- curity, subsequently acknowledged as not justified, imposes upon the 70 applicant the duty of compensating all third parties for damage caused through no fault of theirs by such precautionary measures. The civil judge shall, simultaneously with his decision on the main question, pronounce concerning these claims for compensation, pro- vided they are made good before the termination of the procedure for infringement. In estimating the amount of compensation, the pro- visions of section 273 of the law of the 1st of August, 1895, shall be taken into consideration. USURPATION OF A PATENT. SEC. 113. Usurpation of a patent is committed : 1. By the person, who provides, and brings into- the market, arti- cles or their packages having such a designation as is calculated to cause the erroneous belief that the articles or the method of produc- tion are protected under this law by a patent. 2. By the person who in public announcements, shop bills, trade cards, or in similar publications, makes use of a designation which is calculated to cause the erroneous belief that the articles, or the 'method of production, mentioned therein are projected under this law by a patent. The usurpation of a patent shall constitute an offense, which shall be punished according to the provisions of the trade regulations, and the publications in question and the packages provided with the il- legal designation shall be adjudged confiscated, but the articles them- selves shall only be forfeited when the removal of the usurped desig- nation, which shall invariably take place, can not be carried out with- out destroying the value of the article, or without an amount of trouble nearly corresponding to this value. If in these cases the offender were the owner of a patent, which has expired, for the article which he gives out as still protected by patent, the liability to pun- ishment for his offense shall only commence after the expiration of one year from the expiration of the protection by patent. V. TAXES. APPLICATION TAX AND ANNUAL FEES. SEC. 114. An application tax of 10 florins shall be paid on every patent, as also on every patent of addition, immediately on appli- cation. In addition an annual fee shall l}e paid on every patent, the amount being dependent upon the term of patent protection de- manded. AUSTRIA. 71 The same shall amount for the Florins. First year 20 Second year 25 Third year 30 Fourth year 40 Fifth year 50 Sixth year: 60 Seventh year 80 Florins. Ninth year 120 Tenth year 140 Eleventh year ^__ 180 Twelfth year 220 Thirteenth year 2@0 Fourteenth year 300 Fifteenth year .1 i 340 Eighth year 100 On a patent of addition the annual fee shall only be paid once for its whole term, and this to the amount of 25 florins, in addition to the application fee, unless it be declared an independent patent (sec. 14). The annual fees shall be payable from year to year in advance, reckoned from the date of the notice of the application in the patent journal (sec. 57), and may be paid for a patent in advance, either annually or for several or the whole fifteen years together, into the treasury of the Patent Office. The annual fee for the first year shall be paid at latest within three months after the date of the publication of the application in the Patent Journal (sec. 57). If the payment be not made within this period, the application shall be regarded as withdrawn. The yearly fees for the second to the fifteenth year shall be paid within three months after falling due. An additional fee of 5 florins on a granted patent shall be paid, besides the annual fee, for every payment made after the date of the falling due of these annual fees. The annual fees may be paid by any person interested in the patent. A person who is able to demonstrate his poverty, and also a work- man who is proved to be limited to his work wage, may, if he apply for the patent for himself as author of the invention, be respited as regards the application tax and the annual fee for the first patent year, or it may be only the first annual fee, until the expiration of three months after the falling due of the second annual fee, and if the patent lapse with the commencement of the second year he shall be excused payment altogether. An application tax paid shall never be refunded, the first annual fee only if the application be withdrawn before the date of its pub- lication in the Patent Journal (sec. 57) or if the patent applied for be refused : all further payments of annual fees not yet due shall be refunded if the patent be renounced or if the same be withdrawn or declared null. The Minister of Commerce may, after three years from the corn- ins: into force of this law, with the concurrence of the Minister of 72 AUSTRIA. Finance, order a decrease or increase of the application and annual fees to the extent of 50 per cent of their present amount. ALTERATION OF THE SPECIFICATION. SEC. 115. Every subsequent alteration of the specification made at the request of the applicant or his legal successor under section 52 shall be subject to a tax of 5 florins. s PROCEDURE TAXES. SEC. 116. Simultaneously with the lodging of the following appli- cations there shall be paid a tax : Florins. 1. For an appeal (sec. 63) 10 2. For a demand for withdrawal, declaration of nullity, or forfeiture (sec. 67) '_ ; 25 3. For an appeal (sec. 87) 25 4. For an application for decision as to infringement (sec. Ill) 20 5. For a request for the registration of an assignment in the register of patents 10 6. For a request for the registration (a) Of a license granted voluntarily (sees. 20 and 21) in the register of patents 10 (1)) Of a compulsory license granted by the Patent Office (sec. 21) in the register of patents 5 For a request for a litignton caveat (sec 25) 5 If payment be omitted, the demand shall be regarded as not having been made. The appeal fee (1) shall be wholly remitted if the appeal be found to be justified; 15 florins shall be remitted from the fees mentioned under 2, 3, and 4 if the matter be referred back or if the proceedings instituted do not come to a verbal hearing. STAMP DUTIES. SEC. 117. Letters Patent issued under this law shall be free of stamp duty. Otherwise all other documents and copies shall remain subject to the existing provisions of the stamp and tax law. EXEMPTIONS FROM STAMPS. SEC. 118. Those who are able to prove poverty, and also w r orkmen who are proved to be limited to their work wage, may be exempted from the payment of the fees payable under sections 115 and 116, Nos. 1, 2, and 3. The president of the Patent Office shall be the final judge hereon, and also concerning the delay and exemption allowed, under section 114, of the application tax and the first annual fee. AUSTRIA. 7& VI. TRANSITORY PROVISIONS. SEC. 119. The provisions of the Imperial decree of the 15th of August, 1852, and, the case occurring, of the law of the 27th of De- cember, 1893, shall further remain in force for patents already granted or pending on the date of the entry into force of this law. SEC. 120. Applications for patents which, on the date of the entry into force of this law, were applied for but not granted under the Imperial decree of the 15th of August, 1852, may, on the applicant applying in due time, be proceeded with after (if necessary) paying the increase under the provisions of this law. In this case the said application shall, in so far as the specification of the same meets the demands of section 12 of the above named Imperial decree, enjoy priority from the date of the original lodging of the request. In the examination into novelty in the sense of section 3 of this law, the novelty shall be judged by this date of priority. The amount of the patent tax paid on such patent requests shall, for patents granted upon such requests, be increased to the amount fixed in section 114 for the application tax and the corresponding annual fee, and shall be paid within three months from the date of the pub- lication of the specification in the Patent Journal, in default of which the request shall be regarded as withdrawn. In this case the patent tax paid shall, after deduction of the application tax of 10 -florins, be repaid to the applicant. SEC. 121. The owner of a patent granted under the Imperial decree of the loth of August, 1852, shall be free to apply to convert the privilege into a patent under the -provisions of this la\v. In this case the invention shall undergo the proceedings for exami- nation into novelty and opposition, in which the date of priority shall commence from the date of application for the patent. An application tax for such converted patent shall not be paid, if the conversion be applied for within one year from the date of the entry into force of this law. The term of the patent which has already run shall be taken into consideration in fixing the term of the transformed patent. The original date of grant of the patent shall determine the date when the annual fees are due and the amount thereof. The annual fees, payable in advance, on the transformed patent, and not yet due. shall, on the neglect of the owner of the transformed patent to pay the corresponding annual fee when due, be increased to the amount of the yearly fee actually due. Should such patent have been originally granted in Hungary the registration taxes, pay- able in advance but not yet due, shall be augmented to the amount of 74 AUSTRIA. the annual fee actually due. The omission to pay this increase shall be equivalent to a neglected payment of an annual fee. SEC. 122. The rights acquired by legally licensed owners of patent agencies for the procuring and sale of patents shall remain undis- turbed by this law. Their entry in the register of patent agents for the professional representation of parties in patent matters under this law shall, however, be dependent on the fulfillment of the conditions laid down in section 43 for this purpose, in which the Patent Office is authorized in cases worthy of consideration to dispense with the furnishing of proof as to the technical qualification by examination, as also the two years' practice with a patent agent of the country and the examina- tion as to the patent laws. SEC. 123. This patent law shall come into operation by ordinance of the Minister of Commerce and Minister of Justice, at the latest, however, on the first day of the third calendar year after its publi- cation. SEC. 124. My Minister of Commerce, my Minister of Justice, my Minister of the Interior, my Finance Minister, my Minister of Cul- ture and Education, and my Minister of Agriculture shall be en- trusted with the execution of this law. Vienna, the llth of January, 1897. FRANZ JOSEPH. '[Law of the 29th of December, 1908 (so far as it is not inserted in the principal act), whereby, on the occasion of the adhesion to rhe International Union for the Protec- tion of Industrial Property, regulations for carrying it into effect are enacted."! On the occasion of the adhesion to the following international agreements : The International Convention for the Protection of Industrial Property made at Paris the 20th of March, 1883 : The arrangement concerning the International Registration of Marks of Trade or Commerce made at Madrid the 14th of April, 1891; The Protocol on the endowment of the International Bureau of the Union for the Protection of Industrial Property concluded at Madrid the 15th of April, 1891 ; The additional Act of Brussels of the 14th of December, 1900, modifying the Convention of the 20th of March, 1883; and The additional Act of Brussels of the 14th of December, 1900, to the arrangement of the 14th of April, 1891, concerning the Interna- tional Registration of Marks of Trade or Commerce. With the concurrence of both Houses of the Imperial Legislature I decree as follows : ' AUSTRIA. TO- SECTION 1. The rights of priority granted by Article 4 of the Con- vention of Paris of the 20th of March, 1883, as modified by the addi- tional Act of Brussels, must be specially claimed on the application for an invention or on the deposit of the design or mark, otherwise the priority shall be determined by the date of lodging in this country. Rules shall determine the documents necessary to establish the right to priority claimed within the term allowed, and shall state within what period such documents must be lodged. SEC. 2. The rights of priority granted by Article 4 of the Con- vention of Paris of the 20th of March, 1883, as modified by the additional Act of Brussels, can not be claimed in this country by a native on the ground of his having made abroad an application for an invention, or a deposit of a design or mark. TniS provision does not apply to natives who are domiciled or have effective and genuine industrial or commercial establishments within the territory of another contracting State. ******* SEC. 4. This law . . . shall come into force on the day on which the adhesion to the Convention mentioned at the beginning comes into force. ******* SEC. 5. My Minister of Public Works is charged with the execu- tion of this law. Vienna, the 29th of December, 1908. FRANZ JOSEPH. AUSTRO-HUNGARIAN TRADE-MARK LAW. LAW OF JANUARY 6, 1890, RELATING TO PATTERN AND TRADE-MARK PROTECTION. X. P>. Contained in Part VIII of the ReichsgesetzUatt, official paper No. 19, published on 19th February, 1890.] With the approval of both Chambers of the Reichsrath, I decree as follows: SECTION I. GENERAL CONDITIONS. / ARTICLE 1. In this law, under the term " marks " are understood the special marks, such as devices, numbers, vignettes, and the like, which serve to distinguish in commerce certain products and goods from other similar products and goods. ART. 2. Any person wishing to secure the exclusive right to use a mark must obtain the registration of the same conformably with the regulations of the following section. ART. 3. The following marks for goods are excluded from being registered, and therefore no sole right to them can be obtained: (1) Which are exclusively composed of portraits of the Emperor ')r of members of the Imperial House. (2) Which merely consist of the arms of the State or other public arms, numbers, letters, or words. (3) Which are in general commercial use for certain sorts of goods. (4) Improper or offensive representations or such as are other - wise contrary to public morality or contain such inscriptions or statements as are not in accordance with the actual commercial state of affairs or the truth, and are liable to deceive the consuming public. ART. 4. Marks in which portraits of the Emperor or of any mem- ber of the Imperial House, representations of the Imperial Eagle, or of public arms form a considerable part shall only be registered if the right to use these special marks within the meaning of the existing regulations shall have been demonstrated previously. ART. 5. No person shall be prevented, through the registration of any mark which also contains letters or words, from using his name or that of his firm, even if it be in an abbreviated form, for dis- tinguishing his goods. ART. 6. The use of registered marks is in general optional, but the minister of commerce can decree, as regards certain kinds of goods, that goods of that class shall not be put in circulation unless they are provided with marks registered in the manner described in the regulations within the meaning of this law. 76 AUSTRIA. 77 ART. 7. The sole right to a mark shall not exclude the use of the same mark by another applicant for other classes of goods. In case of any doubt relative to the similarity of these classes of goods, the Minister of Commerce shall decide, after consultation with the Chamber of Commerce and Industry. (See Art. 13.) ART. 8. The application for several marks in the name of one applicant, even when they are for the same class of goods, is per- mitted conformable with the regulations of this law. ART. 9. The right to a mark goes with the business for which the mark is intended, expires with the same, and is transferred to a fresh proprietor in case of transfer of ownership. In the latter case, however, except when the business is carried on by the widow or by an underaged heir of the owner of a mark, or in trust or under an assignment to the creditors, the new owner must, within three months of the acquisition of the business being completed, have the mark transferred to his own name or, in default, the right to the mark shall cease. ART. 10. No person shall make use of the name, style of firm, arms, or trade name of the establishment of another manufacturer or mer- chant for u mark for goods or products without the consent of the party in question. ART. 11. Everything which is stated in this law for the marking of goods applies also to the labels affixed to the cases, barrels, wrap- pers and the like. ART. 12. Nothing is altered by the present law in the existing regu- lations relating to special marks for certain goods, especially the regulations about punched marks. SEC. '2. REGISTRATION, TRANSFER, AND EXTINCTION OF MARKS. 1 . REGISTRATION. ART. 13. Four copies of the marks for which any person shall de- sire to obtain the exclusive right must be filed in the Chamber of Com- merce and Industry in whose district the business in question is situated. One copy shall be attached to the register of marks which is to be kept by the Chamber of Commerce and Industry; one copy shall be returned to the applicant inscribed with the acknowledgment prescribed in the succeeding paragraphs; two copies shall be laid be- fore the minister of commerce. The applicant must, at the same time, state for what classes of goods his mark is intended. Further, a block of each mark must be filed with the Chamber of Commerce and Industry, which will be returned to the applicant after having been used. In the case of marks for materials such as metal, earthen- ware, glass, and the like, at least three samples of the materials with the marks impressed therein shall be filed. 78 AUSTRIA. ART. 14. For each specimen of the marks filed, the organ desig- nated by the Chamber of Commerce and Industry shall announce (a) The serial number in the register. (b) The date and hour of the filing. (c) The name or th'e style of the firm in which the mark is to be registered. (d) The class of business and goods for which it is intended. This announcement mufet be signed arid the official steal ait ached. The registers of marks shall contain the details cited in para- graphs (a) to (d) and shall be open tb inspection at the Chambers of Commerce and Industry. ART. 15. For registering each mark, a tax of 5 gulden shall be paid, which shall gb into the treasury of the chamber of commerce and industry where the registration was affected. ART. 16. The registration of marks shall be renewed every 10 years, reckoning frbm the elate of registration, by a fi-eSh ^aymeilt of the tax, otherwise the right to the mark will be '(considered as expired. ART. 17. A central register of marks shall be kept at the Ministry of Commerce, in which the marks registered in the Chambers of Com- merce and Industry shall be entered in rotation as they arrive. The same details shall be given in the general register of marks as are contained in the registers to be kept by the Chamber of Com- merce and Industry. (See Art. 14.) The general register of marks, as well as the catalogues of its con- tents, which are to be alphabetically arranged and always kept up to date, shall be kept open for inspection in the offices of the ministry in question. The same applies to the samples (Art. 13). Prints of the marks, after the latter have been entered in the central register, shall be published, using the blocks furnished, as per Article 13. ART. 18. The minister of commerce, if necessary, after consulta- tion with experts, shall notify the applicant for protection if an identical or similar mark to the one just applied for exists already for the same class of goods, in order that the applicant, according to his judgment, may sustain, modify, or withdraw the application. . The proprietor of the previously registered mark shall be, at the same time, informed that notice has been given tb the applicant for protection of the fresh mark. ART. 19. The exclusive right to use a mark by an applicant com- mences from the day and hour of filing the same at the Chamber of Commerce and Industry, and the priority shall be decided therefrom should similar marks have been filed by several applicants for pro- tection at the same or different chambers of commerce and industry. AUSTRIA. 79 2. TEANSFEEQ. ART. 20. In order to transfer the right to a mark, within the meaning of Article 9, the assignee must produce proof of his having acquired the business to which it relates. The transfer is subject to the same tax as the first registration (Art. 15), and shall be entered both on the certificate granted to the applicant (Art. 13, par. 2), as well as in the register of the Chamber of Commerce (Art. 14), and in the central register of marks (Art. 17) and published (Art. 17, last paragraph). 3. EXTINCTION. ART. 21. Marks become extinct (a) On application of the proprietor of the mark. (b) If the registration shall not have been renewed when due under the regulations of Article 16. (c) If the transfer shall not have been duly carried out (Arts. 9 and 20). (d) If the Minister of Commerce shall decide that, under Articles b and 4, the mark should not have been registered. (e) In consequence of the decision of the Minister of Commerce obtained in any action about the existence of a right to a mark (Art. 30). ART. 22. The extinction of a mark shall be entered on the certifi- cate (Art. 14) , as well as in the register of the Chamber of Commerce and Industry (Art. 14), and on the central trade-mark register and shall be published (Art. 17). SEC. 3. INFRINGEMENT OF THE RIGHTS TO A MARK. ART. 23. Any person who shall knowingly put in circulation or keep for sale goods which are unauthorizedly marked with a mark, the exclusive right of use of which belongs to another, and, further, any person who for this purpose knowingly counterfeits a mark, commits .an offense and shall be liable to be punished by a fine of 500 to 2,000 florins, or with from three months' to a year's imprison- ment, to which a money penalty of 2,000 florins can be added. The simultaneous employment of the more stringent regulations of the general penal code, especially those relating to the crime of fraud (Art. 197, etc.), is not thereby excluded. ART. 24. The regulation of Article 23 applies also to thos'e who knowingly put in circulation, or keep for sale, goods which are un- authorizedly marked with the name, firm, arms, or trade name of the place of business of a manufacturer or merchant; further, to those who knowingly fabricate such marks. 9316919 6 80 AUSTRIA. ART. 25. The liability for punishment for the acts enumerated in Articles 23 and 24 is not avoided if the mark, name, firm, arms, busi- ness style of the establishment be reproduced with so slight an alteration or in such an indistinct manner that buyers can only de- tect the difference of the goods in question from the ordinary ones by paying special attention thereto. ART. 26. The ordinary courts shall be invoked for taking proceed- ings and the passing of sentence for the offenses detailed in Articles 23 and 24. An action shall be commenced on the demand of the injured party. ART. 27. On the application of the injured party an order can be made that the tools and appliances exclusively or specially used for the counterfeiting or unauthorized reproduction shall be rendered incapable of being used for this purpose, that the stocks of counter- feited marks and unauthorized^ manufactured labels shall be de- stroyed, and the unauthorized marks and labels removed from goods found in possession of the condemned persons, or from the packages of the same if that should involve the destruction of the goods. The injured party shall be further authorized to publicly make known the judgment against the inf ringer at the expense of the lat- ter. The mode of publication, as well as the duration of the same, is to be fixed in the decision after consideration of the proposals of the injured party. On the application of the injured party, instead of the compensa- tion due to him on his private rights, in addition to the penalty, a monetary fine to the amount of 5,000 florins, to be handed to the injured party, can be decreed by the court of justice, the amount to be fixed after free and careful consideration of all the circumstances. Persons sentenced to pay a monetary fine can be arrested as sepa- "ate debtors. The rules of this paragraph shall apply even if the punishment take place under the stricter regulations of the general penal code. ART. 28. The injured party is entitled, even before the punitive judgment is decreed, to demand the confiscation or seizure of the articles enumerated in Article 27, paragraph 1 ; also to make an appli- cation that the necessary measure shall be taken for the purpose of preventing a repetition of the punishable offense. The court shall adjudicate immediately on this application, and it shall also be optional for it only to authorize the desired confiscation or arrest, as well as the other measures desired, against security to be given by the injured party. ART. 29. Should the injured party demand, for any of the offences described in Articles 23 and 24, the grant of compensation through a civil court, the latter shall decide both as to the right of compensa- AUSTRIA. 81 tion, as well as the amount of the same, after due consideration of all the circumstances. ART. 30. The Minister of Commerce shall decide the point whether the exclusive right of user of a mark belongs to a person, also as to the priority and transfer of this right, and also whether a regis- tered mark shall be used by another- party for a different class of goods (Art. 7). Should it appear, in the course of legal proceedings in any of the cases enumerated in Article 23 that a decision of a question is pend- ing, upon which, under the first paragraph of this Article 30, the Minister of Commerce has to adjudicate, the criminal court shall, after submitting the necessary documents to the minister in question, request him to decide this question first, and shall await the notice of sanle. ART. 31. Contravention of the regulations set forth in Article 6 shall be punished by the usual courts in accordance with regulations of the industrial law, in which the forfeiture of the goods in question is always decreed. SEC. 4. MARKS RELATING TO BUSINESSES OUTSIDE AUSTRIA. ART. 32. As regards the protection of marks, as well as of names, firms, arms, or trade names of houses belonging to foreign businesses, this takes place in accordance with the treaties or conventions con- cluded with the States in question. The regulations of the customs and commercial union shall decide under what conditions marks registered in the territory of the royal Hungarian Crown and also names, firms, coats of arms, or trade designations of establishments of manufacturers or merchants of that country, shall share in the protection secured by this law. SEC. 5. CONCLUDING REGULATIONS. ART. 33. Marks which shall have been registered under former regulations, and particularly those of which, under Article 16, the allotted period of 10 years before registration from the time of regis- tration to the coming into effect of this law has not yet elapsed, shall enjoy, until the lapse of the 10 years, the protection accorded under the provisions of this law without reregistration. On the other hand, such marks as, on the coming into force of this law, shall have been registered more than 10 years, shall, after the lapse of three months, reckoned from the time of the coming into force of this law, be struck out of the register if the proprietor of the mark in question shall not have registered it afresh during this interval. 82 AUSTRIA. Such applications as shall be pending at the time of the coming into force of this law shall be completed before those authorities which were before qualified and on the ground of the former regu- lations. ART. 34. This law for the protection of marks shall come into ac- tion after the lapse of three months from the day of its publication. On that date the law of December 7. 1858 (Reichsgesetzblatt No. 230), shall cease to be in force. ART. 35. My Minister of Commerce, my Minister of the Interior, and my Minister of Justice are intrusted with the carrying out of this law. (Signed) FRANZ JOSEPH. TAAFFE. BACQUEHEM. SCHONBORN. VIENNA, 6th day of January, 1890. AUSTRIA WAR LEGISLATION. [Imperial Ordinance of Aug. 29, 1914, concerning the effect of the state of war upon the delays, the lapses, and the procedure.] SECTION 1. The effects exercised by the state of war upon the duration of delays and on the observation of lapses established by the prescriptions in force, or fixed by the authorities, as well as on the procedure, may be determined by way of ordinance. These may, in particular, determine in such measure and in what manner it is possible to avoid the legal prejudices resulting from non-observation of terms, or from lapses or other facts due to the state of war, and to bring remedies to such prejudices if they have already been produced. SEC. 2. The present Imperial Ordinance entered into vigor upon the date of its publication. SEC. 3. The Ministry interested are charged with the execution of this Ordinance. PATENTS DESIGNS TRADE-MARKS APPLICATIONS UNDER CONVEN- TION PRIORITY, PROOF or DECREE OF SEPTEMBER 2, 1914. [Translation.] [Decree of the Ministry of Public Works of Sept. 2, 1914, relating to the extension of the term for filing documentary proof of priority in connection with applications for pat- ents, designs, and trade-marks.] On the ground of Articles 1 and 5 of the law of December 29, 1908, Reichsgesetzblatt, No. 268, by virtue of which rules of practice occa- AUSTRIA. 83 sioned by the adherence to the International Union for the protec- tion of industrial property were promulgated, it is decreed : Commencing from the day of publication of this decree until some further notice the term for filing documentary proof of priority may be adequately extended beyond the term stipulated in Article 6 of the decree of December 30, 1908, Reichsgesetzblatt, No. 271, on grounds meriting consideration. An application for the extension of a term already expired after July 25, 1914, may still be filed within 30 days from the time of publication of this decree. (Signed) TRUKA, M. P. (From Reichsgesetzblatt, Sept. 4, 1914.) PATENTS EXCEPTIONAL RULES IN FORCE DURING WAR. [Translation.] [Decree of the Ministry of Public Works, with the approval of the Ministries of Com- merce, Finance, and Justice, of Sept. 2, 1914, by virtue of which exceptional rules per- taining to patent matters are in force during the time of martial complications.] On the ground of the Imperial decree of August 29, 1914, Reichs- gesetzblatt, No. 227, relating to the influence of war events on exten- sions, terms, and procedure, it is decreed as follows : ARTICLE 1. For the period commencing July 26, 1914, until a day to be determined in due course by a decree, the following exceptions from the provisions of the patent law of January 11, 1897, ReicTis- gesetzblatt, No. 30, are in force. EXTENSION FOR PATENT TAXES. ART. 2. The term for the payment of patent taxes enumerated be- low, to be paid within the period stipulated in Article 1, by parties either in the military service or employed otherwise in a military ca- pacity may be extended on petition. 1. The first annual tax, and the single annual tax for a patent of addition, for an application laid open for inspection. 2. The fee for lodging a complaint or appeal. 3. The taxes for a patent granted, non-payment of which would result in the annulment of the patent. The extension granted terminates at the expiry of one month fol- lowing the day to be stipulated by the decree (Art. 1). If the extended tax payment is not made until then, the application shall be considered withdrawn, in the case cited under Article 1, if the patent has not as yet been granted, but if the patent has been already granted, as in the case cited under Article 3, the same shall lapse. 84 AUSTRIA. The taxes cited under Article 2 shall be paid within the stipulated term, if the grace has not been obtained in accordance with para- graph 1 of Article 118 of the law for patents. No additional fee shall be paid upon the extended payment of an annual tax. The President of the Patent Office, who may grant an adequate extension on grounds deserving consideration, or upon the produc- tion of proof of military service or employment, acts definitely on petitions for extensions, which may also be filed, without authoriza- tion, by the manager of a business. If the petition for an extension has not been granted, the conse- quences resulting from the neglect to pay a tax, as stipulated by the law for patents, become operative, without prejudice to the provisions of Articles 3 and 4 of this decree, provided that the tax is not paid within 14 days from the time of notification to the applicant, or, if the tax becomes due at a later date, at the time it falls due. MAINTENANCE OF PATENTS NOTWITHSTANDING INTERRUPTED TAX PAYMENT. ART. 3. If a tax payment were to be made within the term stipu- lated in Article 1, the non-payment of which would result in the an- nulment of a patent, and if upon later presentation of the neglected tax payment, proof is submitted that the neglect was caused by the events of war, without fault on the part of the patent owner or his representative, the extinction of the patent shall not be considered to have become effective. The Division for Applications, upon petition, decides with the reservation of appeal (Art. 63 of the law for patents). The decision granting the petition shall be entered in the register for patents. Parties having made use in the meantime, and in good faith, of the invention shall not be charged with infringement of the patent in consequence of such use. Said parties do not acquire a right to make use of the invention in future. The neglect of the payment of a tax may be construed as having been caused by the war events in particular : 1. When the patent owner rendered military services or otherwise was employed in a military capacity ; 2. When the due payment of the tax was impossible in consequence of the interruption of communication caused by the war or mobiliza- tion. ART. 4. If the applicant has been prevented from prosecuting his application in a regular manner by reason of having been himself, or his representative, called out for active service, or by employment in a military capacity, or in consequence of interrupted communica- AUSTRIA. 85 tion caused by the war or mobilization, or by war events in general, and when in consequence of these circumstances the application is considered withdrawn on account of the neglected payment of the first annual tax or bf the tax for the patent of addition (par. 6, Art. 114, of the patent, law), the patent is not granted, or is only granted restricted in its scope, the reinstatement shall be granted on petition. In the first conceived case the payment of the first annual tax or tax for the patent of addition, or the grace obtained for the payment of said tax on the ground of paragraph 9, of Article 114 of the patent law, shall be proved in the petition for reinstatement. The Division before which action was pending at the time, as provided in accord- ance with paragraph 6 of Article 114 of the patent law, decides re- garding the reinstatement. The procedure shall be continued if the reinstatement be granted. The reinstatement consists in the resumption of the appeal proce- dure, if upon complaint of the opponent a decision adverse to the applicant has been modified. In other cases the reinstatement consists in the concession to appli- cant of the right to file an appeal, which shall be done in connection with the petition for reinstatement. Deficiencies, on the ground of which the application was rejected and the correction of which applicant was prevented from making, may be corrected at the time of filing the appeal. The Appellate Division renders decision, in the cases of the two preceding paragraphs, regarding the allowance of an appeal. The publication shall be repeated, if the grant of the patent be held allowable with a greater scope in comparison with the original publication. In this case however the day of the first publication is determinative in respect of the calculation of the duration of the patent. The first annual tax refunded in consequence of the rejection of the patent (par. 10, Art. 114) shall be paid upon filing the petition for reinstatement, with the reservation of an extension in accordance with paragraph 9 of Article 114 of the law for patents. Parties having in good faith made use of the invention after the publication of tJbese facts can not be charged with infringement of the patent on the ground of such use, if the decision regarding the complete or partial rejection, rendered in accordance with paragraph 6 of Article 114 of the patent law, has been made retroactive by the reinstatement. No right to the future utilization of the invention is acquired by said parties. The reinstatement on the ground of neglect to observe the term for appeal is permissible in favor of parties having been themselves prevented, or whose representative has been prevented, by the calling out for active service, or other employment in a military capacity, or 86 AUSTRIA. through the interruption of communication caused by the war or mobilization, or through war events in general, from the timely lodg- ing of the appeal. Appeal to the Patent Court may be made from the refusal to reinstate. If through the later decision the declara- tion of nullification or revocation of the patent, deqreed in the earlier decision, is made retroactive, the provision contained in the preced- ing paragraph pertaining to the use, in good faith, of the invention in the meantime is applicable. The application for reinstatement may be made before the expiry of one month from the day, to be determined in accordance with the decree (Art. 1), but if the state of being prevented continues beyond that period, application may still be made within one month from the day the obstacle has been removed. ART. 5. In the sense of this decree "in military service" or "other- wise employed in a military capacity" shall be construed to mean : 1. Members of the armed forces of the Austro-Hungarian Empire (common army, navy, militia, reserves) ; 2. Such persons as have been drafted in the service for war pur- poses on the ground of Article 7 of the law relating to military serv- ice or on the ground of the legal provisions in force in respect of mili- tary service. 3. The personnel of the field gendarmerie, civilians who in an official capacity are assigned for service to the army in the field, or who belong to the retinue of the army in the field. 4. All persons voluntarily engaged in relief work in the army in the field. ART. 6. The acts of favor granted in this decree are also ap- plicable when the situation governing such an act is not conclusive in respect of everyone of the parties in interest (joint applicant, joint owner of a patent, associate litigant). DELAY OF PUBLICATION OF PATENT APPLICATIONS. ART. 7. The publication and the laying out of the patent applica- tion may be held in suspense on motion made within the period stipulated in Article 1 for a term not exceeding twelve months reckoned from 'the day of notification of the decision of publication. ART. 8. This decree becomes effective on the day of its publica- tion. (Signed) TRUKA, M. P. (Signed) ENGEL, M. P. (Signed) HOCHENBURGER, M. P. (Signed) SCHUSTER, M. P. (From Reichsgesetzblatt, Sept. 4, 1914.) AUSTRIA. 87 TRADE-MARKS EXCEPTIONAL RULES WAR MEASURES DECREE OF SEPTEMBER 24, 1914. [Translation.] [Decree of the Ministry of Public Works, with the approval of the Ministries of Commerce and Justice, of Sept. 24, 1914, (ReichsgesetzWatt, No. 257), by virtue of which, in con- sequence of the martial complication, exceptional measures pertaining to trade-mark matters are taken.] By virtue of the Imperial decree of August 29, 1914 (Reichsgesetz- Uatt No. 227) (for notice, see 13 P. & T. M. Rev., 14), relating to the influence of war events on extensions, terms and procedure, it is decreed as follows : ARTICLE 1. A term until February 1, 1915, is granted for the re- newal of marks that are to be renewed during the period commencing July 26 until December 31, 1914, inclusive, in order to maintain the trade-mark right in accordance with the provision of Article 16 of the law of trade-marks of January 6, 1890. (Reiehsgesetz~blatt, No. 19.) ART. 2. The ten-year duration of a mark renewed on the ground of Article 1 commences from the day on which the mark had, at the latest, to be registered in accordance with the provisions of the law of January 6, 1890. (ReichsgesetzUatt, No. 19.) ART. 3. The annulment of a mark shall be considered as not having taken place and shall be made retroactive, if the mark to which Article 1 is applicable has been annulled, in consequence of neglected renewal, before the expiry of the term allowed, provided that the mark is renewed within the said term. ART. 4. The grace specified in Article 1 is applicable to marks of foreign establishments in proportion to the agreements in force with the country of origin of the mark. ART. 5. The commencement and duration of a term for instituting an action under Article 4 of the law of July 30, 1895 (Reichsgesetz- blatt, No. 108), is discontinued on the ground of absence while in the military service or on the ground of war events, for such a length of time as these obstacles prevail, provided that the institution of an action is prevented thereby. ART. 6. The provisions of the decree of September 15, 1914, (Reichsgesetz~blatt, No. 245). relating to exceptional provisions for procedure and terms in matters pertaining to a public right in favor of military men are also applicable to administrative matters per- taining to trade-marks in so far as this decree does not contain any deviating rules. ART. 7. This decree becomes operative on the day of its publica- tion. (From esterreichisches Patentblatt, Oct. 15, 1914.) 88 AUSTRIA. INDUSTRIAL PROPERTY ALIEN ENEMIES " WAR MEASURES " DE- CREE OF OCTOBER 16, 1914. [Translation.] [Imperial decree concerning measure for reprisal in legal and economic matters, re- sulting from the state of war (Oct. 16, 1916).] By virtue of Article 14 of the Constitution of December 21, 186T (Rewhsgesetzblatt, No. 141), I decree the following: ARTICLE 1. The Government is authorized to issue, by virtue of the right of reprisal, ordinances or decrees of a legal or economic nature concerning the treatment of foreigners and foreign enter- prises, as well as to take measures necessary for preventing valuables being transmitted directly or indirectly to an enemy country. ART. 2. Whoever shall knowingly violate the provisions of Article 1 shall be punished by imprisonment of from one month to one year. The penalty of imprisonment may be combined with a fine amount- ing to as much as 50,000 crowns, which shall be paid into the Treasury of the State. ART. 3. The present Imperial Ordinance shall become effective from the date of its publication. 1 The Minister of the Interior and th other Ministers concerned are charged with the execution of the present ordinance. Vienna, October 16, 1914. (Signed) FRANCIS- JOSEPH, M. P. Countersignatures of Ministers. (From 30 La Propriete Industrielle, 150, of Oct. 31, 1914.) PATEN TS DESIGN s TRADE -MARKS APPLICATION s CON VEN TION PRIORITY DECREE No. 353 (SUPPLEMENTAL) OF DECEMBER 1, 1915. [Ordinance of the Minister of Public Works supplementing the ordinance of Sept. 2, 1914, No. 233, which extends the time limits for the production of documents establishing the right of priority in the matter of patents, designs, and trade-marks.] By virtue of the Imperial Ordinance of August 29, 1914 (Reichs- gesetzblatt, No. 227), concerning the effects of the state of war on time limits, forfeitures, and procedures, it is hereby decreed, until further notice, as follows : SECTION 1. The ordinance of September 2, 1914 (Reichsgesetz- ~blatt, No. 233), is supplemented by the following provisions: "When an applicant shall have been prevented by the state of war from producing within the time specified the documents estab- lishing his right of priority for an application for patent, he shall, upon his petition, be restored to the former status. This applies also to the time limits which had expired before this ordinance goes into force. 1 Published Oct. 23, 1914. AUSTRIA. 89 " The effect of the restoration to the former status shall be that the documents establishing the right of priority shall be considered as having been produced in time. " The petition for restoration, which shall be accompanied by the documents establishing the right of priority, shall be presented be- fore the final conclusion of the proceedings for issue. " The petition for restoration pertains to the section of the Patent Office in which the proceedings for issue are pending." SEC. 2. This ordinance shall go into force on the day of the publi- cation of the same. (Signed) TRLTKA, M. P. (From 23-2 Official Gazette, 623.) ORDINANCE No. 349 OF DECEMBER 1, 1915. 1 1. Ordinance of the Minister of Public Works establishing exceptional provisions, by rea- son of the state of war, with regard to the terms of priority fixed by the Convention of the Union of Paris for the Protection of Industrial Property.] By virtue of the Imperial ordinance of August 29, 1914 (Reichs- gesetzblatt, No. 227), concerning the effects of the state of war on the time limits, forfeitures, and procedures, it is hereby ordered as follows : SECTION 1. (1) The terms of priority provided with regard to filing in the matter of patents, designs, and trade-marks by Article 4 of the Convention of the Union of Paris of March 20, 1883, revised at Brussels December 14, 1900, and at Washington June 2, 1911, are hereby extended, in so far as they had not expired prior to July 26, 1914, until the expiration of three months after a date to be fixed by a future ordinance. (2) This provision shall be applicable in favor of subjects of other countries belonging to the International Union for the Protection of Industrial Property only if such countries grant to Austriaji sub- jects an extension of the terms of priority. If, however, one of said countries accords this privilege to Austrian citizens to a less wide extent than provided for in paragraph 1, the same restriction shall apply to the subjects of such country. (3) A notice published in the Reichsgesetzblatt shall specify to what extent the terms of priority are prolonged in Austria in favor of subjects of other countries in conformity with paragraph 2. SEC. 2. (1) When an applicant shall have been prevented by the state of war from observing the terms of priority provided with re- gard to filing in the matter of patents, designs, and trade-marks by Article 4 of the Convention of the Union of Paris on March 20, 1883, revised at Brussels December 14, 1900, and at Washington June 2, 90 AUSTRIA. 1911, he shall, upon his request, be restored to the former status. This shall apply also to the time limits which had expired before the present ordinance goes into force. (2) The effect of the restoration to the former status shall be that the filing is to be considered as having been effected during the term of priority. (3) The petition for restoration shall be presented within the three months following the disappearance of the obstacle, or, if the obstacle disappears prior to the date of the notice provided for in paragraph 5, then within the three months following such date. The petition for restoration shall, however, in all cases, be formulated not later than within three months after the date to be fixed by a future ordinance. The filing shall be effected at the same time that the petition for restoration is presented. (4) The petition for restoration pertains to the section of appli- cations of the Patent Office in the case of an application for a patent ; and in case of the filing of a design or trade-mark, it pertains to the Minister of Public Works, to whom the Chamber of Commerce and Industry shall submit the petition which must be filed with the latter. (5) These provisions shall apply in favor of subjects of other countries belonging to the International Union for the Protection of Industrial Property in so far as acts of filing are concerned for which, according to a notice published in the Reichsgesetzblatt, like advantages are accorded in such countries to Austrian subjects. SEC. 3. Unless an applicant establishes the fact that he is of an- other nationality insuring him more favorable treatment, he shall be considered to be a subject of the country in the territory of which his domicile or place of business is located. SEC. 4. This ordinance shall go into force on the day on which it shall be published (published in the Reichsgesetzblatt, No. 879, of Dec. 3, 1915). (Signed) TRTJKA, M. P. [Decree of Dec. 14, 1914, No. 343, of the Ministry in full session forbidding the making of payments in Russia.] In view of paragraph 1 of the Imperial Ordinance of the 16th of October, 1914, concerning the measures of replying (retorsion) in matters judicial and economic caused by the state of war, the follow- ing is decreed : 1. The provisions of the Ordinance of the Ministry in full session on October 22, 1914, forbidding the making of payments in Great Britain and in France, the provisions are applicable to Eussian na- tionals and to persons having their domicile or establishment in Rus- sia, with this modification, that the prohibition has its effect with respect to each purchaser, wherever his domicile or establishment AUSTRIA. 91 may be, if he acquired his right after the coming into force of the present Ordinance. The payments necessary to obtain or maintain in force in Russia rights in the matter of patents, designs, or trade- marks, are authorized until the new order. 2. The present Ordinance will come into force from the date of its publication. [Decree of Dec. 24, 1914, No. 355, by the Ministry of Public Works in accord with the Ministries of Commerce and Justice for completing the ordinance of Sept. 24, 1914, establishing exceptional arrangements in the matter of trade-marks for the duration of the war.] In view of the Imperial Ordinance of the 29th of August, 1914, concerning the effects resulting from the war, on terms, lapses and procedure, the following is decreed : The term for the renewal of trade-marks mentioned in paragraph 1 of the Ordinance of September 24, 1914, is prolonged until the 1st of August, 1915, inclusive. The same term is set for the renewal of trade-marks which, by the terms of the provision of pargraph 16 of the law of the 6th of Janu- ary, 1890, on trade-mark3, should have been renewed between the 1st of January and the 30th of June, 1915, inclusive. The provisions of paragraphs 2 to 4 of the Ordinance of September 24. 1914, are applicable to favorable treatment established by the two lines preceding. The present Ordinance will come into force from the date of its publication. [Decree No. 74 of Mar. 20, 1915, of the Ministry of Public Works modifying a provision of the Ordinance of the 22d of April, 1913, on the international registration of trade- marks.] The provision of paragraph 4, letter B No. 1 of the Ordinance of the Ministry of Public Works of the 22d of April, 1913, concerning the international registration of trade-marks is partially modified in the sense that, until the new order, the international payment shall be made in crowns, according to rates of reduction established for payments to be made in Switzerland through the Postal Savings Bank and published in the Wiener Zeitung, so that it will be in force on the date of deposit of the applicant holding the international reg- istration of the mark. The present Ordinance will come into force on the date of its publication. (Signed) TRUKA, M. P. [Notice concerning procedure applicable to applications for patents emanating from citizens of enemy countries (Austrian Patentblatt, 1st of May, 1915, p. 120).] The Imperial and Royal Bureau of Patents applies actually to ap- plications of patents emanating from citizens of enemy countries, the procedure indicated hereafter : The procedure with relation to application for patent is con- ducted up to the deliverance of the patent only. It is in consequence 92 AUSTRIA. carried to a preliminary decision, to decision to publish the applica- tion, and to appeals to oppositions. Decisions rejecting the applica- tion are equally rendered the case requiring. The deliverance of patent as a measure of retaliation is suspended. If one claims for an application a right of priority based on the International Con- vention, this priority is provisionally taken into consideration in the preliminary examination and in the decision upon the publication of the description. The question of priority will be definitely de- cided in the decision pronouncing upon the grant of the patent. If the decision carrying the rejection of the application depends upon the preliminary question of knowing if a union priority claim is ap- plicable, the decision will be postponed. The benefits provided by paragraphs 3, 4, and 7 of the Ministerial Ordinance of the 2d of Sep- tember, 1914 (Bulletin of Laws of the Empire, No. 32), so far as they concern the maintaining in force of 'patents, notwithstanding the non-payment of taxes, the reestablishment of patents in the former state, notwithstanding the non-observance of fixed delays, the prolongation of delays accorded for the withholding of the publi- cation relative to the application for patent, as well as the benefits provided by the Ministerial Ordinance of the 2d of September. 1914 (Bulletin of Laws of the Empire, No. 233), concerning the pro- longation of delay accorded for the production of brief establishing the right of priority are applicable to citizens of France and of Great Britain in the> cases where and also so long as these countries afford equally to Austrian citizens the benefits that are accorded them by reason of the state of war. The liquidation of demands tending to the transmission of citizens of enemy countries and of nationals, or to the citizens of allied countries or neutrals, of rights resulting from an application for patent will be withheld so long as the docu- ments serving as a state for the application have not been estab- lished prior to the entry into war with the countries in question. Also as long as the applicantor petitioner has not justified a differ- ent nationality, he will be considered as a citizen of the country where is found the place indicated by him as his domicile, or as the location of his establishment. Until a new order nothing will be done with applications for patents emanating from Russian citizens. PATENTS WAR MEASURES DECREE OF MAY 17, 1915. [Translation.] I Decree of the Ministry of Public Works, with the approval of the Ministries of Finance, Commerce, and Justice, of May 17, 1915 (Reichsgesetzblatt, No. 123), relating to the amplification and modification of the decree of Sept. 2, 1914 (for translation of which see 13 P. & T. M. Rev., 4), by virtue of which exceptional provisions are made in re- spect of patent matters during the period of existing martial complications.] On the ground of the Imperial decree of August 29, 1914 (Reichs- gesetzbUtt No. 227) (for notice of which see 12 P. & T. M. Rev., AUSTRIA. 93 352), relating to the influence of martial events upon prolongations, terms, and procedure, it is decreed as follows : ARTICLE 1. 1. The following paragraphs are interpolated in Article 2 : " This extension may be granted on motion to persons other than those specified in the preceding paragraph, if the same have been prevented by martial events from making timely payment of the tax. " The grace for the payment of taxes specified in Nos. 1 and 2 of Article 2 may no longer be granted after the publication in Patent- Matt that the patent application is held to be abandoned, or after the entry in the Patent Register of the extinction of the patent. A mo- tion for extension of the term for the payment of taxes specified in Xo. 2 of Article 1 shall be made prior to the expiry of the term for the payment of the tax. " The grace granted for the payment of an annual tax is applicable to every additional annual tax falling due within the term of said grace." 2. Paragraph next to last in Article 2 shall read : ; ' The President of the Patent Office finally decides in respect of motions made for an extension, which also may be made by the manager of a concern without his having received any instructions, and ma}^ grant a reasonable term for the filing of any certifications that may be required." 3. The first paragraph in Article 3 shall read : " The annulment of the patent shall, on motion, be declared as not effective, if a tax should have been paid within the period fixed in Article 1, the non-payment of which would result in the annulment of the patent, and if the neglect to pay Avas occasioned by war events without fault on the part of the patentee or his representative." 4. In Article 3 there shall be interpolated as second paragraph : " The motion shall be made at the latest within a month from the day to be determined by the decree (Art. 1), accompanied by the remittance for the neglected tax payment." ART. 2. Motions for the extension of time for the payment of annual taxes that have fallen due after July 25, 1914, may be also granted on the ground of motions for extension of time that are filed within two months from the day of publication of this decree, even after the publication in Patentblatt to the effect that the patent appli- cation is held to be abandoned, or after the entry in the Patent Reg- ister of the extinction of the patent as provided in the decree of September 2, 1914 (Reichsgesetsblatt No, 232). The reinstatement into the former status (Art. 4 of the cited de- cree) or the maintenance of the patent (Art. 3 of the same decree) becomes legally effective upon the grant of an extension of time for the payment of taxes. 94 AUSTRIA. ART. 3. This decree comes into force on the day of its publication (May 19, 1915). (From Oesterreichfeches Patenfblatt, June 1, 1915.) DESIGNS WAR MEASURES DECREE OF JUNE 2, 1915. [Translation.] [Decree of the Minister of Public Works, with the approval of the Minister of Commerce, of June 2, 1915, by virtue of which in consequence of the state of war exceptional pro- visions are provided for in matters pertaining to the protection of designs.] On the ground of the Imperial decree of August 29, 1914 (Reichs- gesetzUatt, No. 227) (notice of which see 12 P. & T. M. Kev., 352), relating to the* influence of martial events upon prolongations, terms, and procedure, it is decreed as follows : ARTICLE 1. The commencement and course of duration of protec- tion of designs (sec. 1 of Art. 4 of the law for the protection of designs of Dec. 7, 1858, Reichsgesetzblatt, No. 237) is suspended during the period commencing July 26, 1914, until a day to be determined upon by decree. Consequently there commences, without prejudice to the protection acquired through the registration of the design 1. The course of the entire duration of protection in respect of de- signs that have been deposited within the aforesaid period; 2. The course of that part of. duration of protection in respect of designs that have been deposited prior to July 26, 1914, and which has not expired on that day, from the day to be determined by decree (Art. 1). The partial term of protection that has expired prior to July 26, 1914, shall be reckoned by whole months, and periods of less than a month shall not be computed. These provisions are likewise applicable to designs, the term of protection for which has already expired in accordance with Article 4, section 1, of the law for the protection of designs during the period from July 26, 1914, until the beginning of the operation of this decree. ART. 2. The provisions of Article 1 are likewise applicable to the term within which the part entitled to the design has to utilize the same still in the home country, and within which a sealed deposited design is to be kept secret (Art. 9 of the law for the protection of designs). These provisions are not applicable to the term of secrecy of a design, if the secrecy has been discontinued prior to the com- mencement of the operation of this decree (Art. 9 of the law for the protection of designs) . AUSTRIA. 95 ART. 3. Persons that have utilized the design within the period following the day whereon the term of protection, according to Article 4, section 1, of the law for the protection of designs has ex- pired, up to the coming into operation of this decree, may not be held liable, on account of this emplpyment, and are entitled to continue the use of the design in their own establishments. ART. 4. The registration shall not be considered as having been effected and made retroactive in the event that the nullification of a right to a design, the duration of which has been suspended (Art. 1) , has already been recorded in the register for designs. The design shall be transferred from the public archives for released designs to the public archives for protected designs. ART. 5. In connection with designs, the one or two year term of protection of which has not as yet expired on July 26, 1914, or those that are deposited within the period indicated in paragraph 1 of Article 1 for the duration of protection of one or two years, the term of protection may be prolonged to three years. This prolongation is effected by the payment of a fee to the Chambers of Commerce and Trade. The fee amounts to one krone for each design and for each year of additional protection claimed. The fee shall be paid before the expiry of the term of protection that is to be reckoned in ac- cordance with Article 1 of this decree at the Chamber of Commerce and Trade, or shall be paid at a post office situated within the do- mains. A .prolongation of the term of protection to a third year is not permissible in connection with a design, the term of protection of which has merely been prolonged to a second year. ART. 6. This decree comes into effect on the day of its publication. (Published June 8, 1915, in Oesterreiches Reichs-Gesetzll., 1915.) (From Blatt fur Patent-, Muster- und Zeichenwesen, June, 1915.) [Decree of June 24, 1915, of the Ministry of Public Works in accord with the Ministries of Commerce and Justice, which completes that of 24th of September, 1914, establish- ing exceptional provisions in the matter of trade-marks.] By virtue of the Imperial Ordinance of the 29th of August, 1914, concerning the effects of the state of war on terms, lapses, and pro- cedure, the following is decreed : 1. For the renewal of trade-marks which, by the terms of para- graph 16 of the law on trade-marks of the 6th of January, 1890, should be renewed beginning from the 26th of July, 1914, in order to maintain in force the right of these trade-marks, there is granted an extension until the expiration of three months, to be counted from the date which will be set by an ordinance. f)3169 19 7 96 AUSTRIA. 2. The present Ordinance will come into force on the date of its publication. The Ordinance of December 24, 1914, will be abrogated from the same date. (Signed) TRUKA, M. P. (Signed) HOCHENBURGER, M. P. (Signed) SCHUSTER, M. P. TRADE-MARKS RENEWAL PROLONGATION OF TERM DECREE OF JUNE 24, 1915. [ Translation. ] [Decree of the Ministry of Public Works, with the consent of the Ministries of Commerce and Justice, of June 24, 1915 (Reichsgesetzblatt, No. 177), relating to a supplementing of the decree of Sept. 24, 1914 (translation of which see 13 P. & T. M. Rev., 35), by virtue of which, due to martial complications, exceptional measures are taken in mat- ters relating to trade-mark protection.] On the ground of the Imperial decree of August 29, 1914 (Reichs- gesetzblatt, No. 227), relating to the influence of martial events upon days of grace, fixed terms and procedure it is decreed as follows : ARTICLE 1. SECTION 1. The decree of the Ministry of Public Works, with the consent of the Ministries of Commerce and Justice of September 24, 1914 (Reichsgesetzllatt, No. 257) , shall read : "A term-up to three months, reckoned from the day to be fixed by decree, is granted for the renewal of marks that should have been renewed or are to be renewed within the period commencing from July 26, 1914, in order to maintain the trade-mark right in accord- ance with the provision of section 16 of the law for the protection of trade-marks of January 6, 1890 (Reichsgesetz'blatt, Nb. 19)." SEC. 2. This decree comes into operation on the day of publication. The decree of December 24, 1914 (notice of which see 13 P. & T. M. Rev.. 131), is abrogated simultaneously. (From OesterreicMsches Patentblatt, 1915, p. 167.) INDUSTRIAL PROPERTY PRIORITY TERMS UNDER PARIS CONVENTION- PROLONGATION APPLICABLE TO CERTAIN COUNTRIES NOTIFICA- TION OF DECEMBER 1, 1915. [Notification of the Minister of Public Works of Dec. 1, 1915, relating to exceptional pro- visions in respect of the terms of priority fixed under the Paris Convention for the pro- tection of industrial property in favor of subjects or citizens of foreign countries.] [Translation.] On the ground of paragraph 3 of Article 2 and paragraph 5 of Article 2 of the decree of December 1, 1915 (14 P. & T. M. Rev., 133), having reference to exceptional provisions in respect of the terms of priority fixed under the Paris Convention for the protection of indus- AUSTRIA. 97 trial property, due to the state of war, the following notification is made : 1. That the terms of priority are prolonged in Austria at present in favor of the subjects or citizens of the following countries to the extent indicated below and in favor of subjects and citizens of such countries as: Brazil, in respect of patent and trade-mark applications, insofar as the terms have not expired prior to August 1, 1914, to a day that shall be announced later on. Denmark, in respect of patent applications, insofar as the terms have not expired prior to August 1, 1914, to January 1, 1916. Germany, in respect of patent, design, and trade-mark applica- tions, insofar as the terms have not expired prior to July 31, 1914, to a day to be announced later on. Switzerland, in respect of patent applications, the first filing of which has been effected in a foreign country after July 31, 1913, and in respect of design applications, the first filing of which has been effected after March 31, 1914, preliminarily to December 31, 1915. 2. That at the present time there is granted to the Austrian sub- jects a privilege similar to that indicated in the provisions of Article 2 of the above mentioned decree, namely : In Brazil for patent and trade-mark applications. In Denmark for patent applications. In Germany for patent, design, and trade-mark applications. In Switzerland for patent and design applications. (From Blatt filr'Patent-, Muster- und Zeichenwesen, Dec. 29, 1915.) IN DUSTRIAL PROPERTY CON VENTION PRIORITY RECIPROCITY WITH UNITED STATES " WAR MEASURES " DECREE No. 426, OF DECEM- BER 23, 1916. [Notice of the Minister of Public Works concerning the exceptional provisions taken in favor of citizens of the United States of America on the subject of the priority delays established by the International Convention for the Protection of Industrial Property. 1 [Translation.] By virtue of section 2, paragraph 5, of the decree of December 1, 1915, (Reichsgesetzblatt, No. 349), fixing, by reason of the state of war, exceptional provisions for the delays of priority provided for by the Convention of Paris for the Protection of Industrial Property, it is declared that in the United States of America there is granted to Austrian subjects, for patent applications and deposits in matters of designs, models, and trade-marks, a facility analagous to that pro- vided for by section 2 of the above cited decree. (Signed) TRUKA, M. P. (From 33 La Propriete Industrielle, 2, of Jan. 31, 1917.) 98 AUSTRIA. PATENTS DELIVERY MAY BE SUSPENDED" WAR MEASURES " DECREE No. 82, OF MARCH 24, 1916. [Translation.] [Decree issued by the Minister of Public Works in agreement with the Minister of Na- tional Defense concerning the suspension of procedure for the delivery of patents of invention (Nf Agriculture under the authority of the Civil Service Act may, as acting deputy commissioner, do any such act or thing. (60-61 V., c. 25, s. 1 ; 3 S. VII, c. 46,' s. 1.) 6. The Commissioner shall cause a seal to be made for the purposes of this Act, and may cause to be sealed therewith every patent and other instrument and copy thereof issuing from the Patent Office. (E. S., c. 61, s. 6.) APPLICATIONS FOR PATENTS. 7. Any person who has invented any new and useful art, machine, manufacture or composition of matter, or any new and useful im- provement in any art, machine, manufacture or composition of mat- ter, which was not known or used by any other person before his invention thereof, and which has not been in public use or on sale with the consent or allowance of the inventor thereof, for more than one year previously to his application for patent therefor in Canada, may. on a petition to that effect, presented to the Commissioner, and on compliance with the other requirements of this Act, obtain a pat- ent granting to such person an exclusive property in such invention. (2) No patent shall issue for an invention which has an illicit ob- ject in view, or for any mere scientific principle or abstract theorem. (E. S., c. 61, s. 7.) 8. Any inventor who elects to obtain a patent for his invention in a foreign country before obtaining a patent for the same invention in Canada, may obtain a patent in Canada, if the patent is applied for within one year from the date of the .issue of the first foreign patent for such invention. (2) If within three months after the date of the issue of a foreign patent, the inventor gives notice to the Commissioner of his intention to apply for a patent in Canada for such invention, then no other person having commenced to manufacture the same device in Canada during such period of one year, shall be entitled to con- tinue the manufacture of the same after the inventor has obtained a patent therefor in Canada, without the consent or allowance of the inventor. (3) No Canadian patent issued previous to the thirteenth day of August, one thousand nine hundred and three, shall be deemed to have expired before the end of the term for which it was granted merely because of the expiry of a foreign patent for the same inven- tion. (55-56 V., c. 24, s. 1 ; 3 E. VII, c. 46, s. 2.) 116 CANADA. 9. Any person who has invented any improvement on any patented invention, may obtain a patent for such improvement; but he shall not thereby obtain the right of vending or using the original inven- tion, nor shall the patent for the original invention confer the right of vending or using the patented improvement. (R. S., c. 61, s. 9.) 10. Every inventor shall, before a patent can be obtained, make oath, or, when entitled by law to make an affirmation instead of an oath, shall make an affirmation, that he verily believes that he is the inventor of the invention for which the patent is asked, and that the several allegations in the petition contained are respectively true and correct. (2) In the event of the inventor being dead, such oath or affirma- tion shall be made by the applicant, and shall state that he verily believes that the person whose assignee or legal representative he is, was the inventor of the invention for which the patent is solicited, and that the several allegations in the petition contained are respec- tively true and correct. (3) Such oath or affirmation ma} 7 be made before a minister plen- ipotentiary, charge d'affaires, consul, vice consul or consular agent, a judge of any court, a notary public, a justice of the peace, or the mayor of any city, borough, or town, or a commissioner for taking affidavits having authority or jurisdiction within the place where the oath may be administered. (R. S., c. 61, s. 10; 55-56 V., c. 24, s. 2.) 11. The applicant for a patent shall, for the purposes of this Act, elect his domicile at some known and specified place in Canada, and shall mention the same in his petition for a patent. (R. S.. c. 61, s. 11.) 12. The applicant shall, in his petition for a patent, insert the title or name of the invention, and shall, with the petition, send in a specification in duplicate of the invention and an additional or third copy of the claim or claims. (56 V., c. 34, s. 1.) 13. The specification shall correctly and fully describe the mode or modes of operating the invention, as contemplated by the inventor ; and shall state clearly and distinctly the contrivances and things which he claims as new and for the use of which he claims an exclu- sive property and privilege. (2) Such specification shall bear the name of the place where, and the date when it is made, and shall be signed by the inventor, if he is alive, and, if not, by the applicant, and by two witnesses to such signature of the inventor or applicant. (3) In the case of a machine the specification shall fully explain the principle and the several modes in which it is intended to apply and work out the same. (4) In the case of a machine, or in any other case in which the in- vention admits of illustration by means of drawings, the applicant CANADA. 117 shall also, with his application, send in drawings in duplicate, show- ing clearly all parts of the invention; and each drawing shall bear the signature of the inventor, if he is alive, and, if not, of the appli- cant, or of the attorney of such inventor or applicant, and shall have written references corresponding with the specification ; but the Com- missioner may require further drawings or dispense with any of them, as he sees fit. (5) One duplicate of the specification and of the drawings, if there are drawings, shall be annexed to. the patent, of which it shall form an essential part, and the other duplicate shall remain deposited in the Patent Office. (6) The Commissioner may, in his discretion, dispense with the duplicate specification and drawing, and in lieu thereof cause copies Of the specification and drawing, in print or otherwise, to be attached to the patent, of which they shall form an essential part. (R. S., c. 61, s. 13.) 14. In all cases in which the invention admits of representation .by model, the applicant, if required by the Commissioner, shall fur- nish a model of convenient size exhibiting its several parts" in due proportion; and when the invention is a composition of matter, the applicant, if required by the Commissioner, shall furnish specimens of the ingredients, and of the composition, sufficient in quantity for the purpose of experiment. (2) If such ingredients or composition be of an explosive or dangerous character, they shall be furnished with such precautions as are prescribed in the requisition therefor. (55-56 V., c. 24, s. 3.) 15. On each application for a patent, a thorough and reliable ex- amination shall be made by competent examiners to be employed in the Patent Office for that purpose. (55-56 V., c. 24, s. 8.) 16. Xo application for a patent shall be withdrawn without the consent in writing of each and every registered assignee of such patent or any part thereof. (55-56 V., c. 24, s. 4.) REFUSAL TO GRANT PATENTS. IT. The Commissioner may object to grant a patent in any of the following cases : (a) When he is of opinion that the alleged invention is not pat- entable in law. (b) When it appears to him that the invention is already in the possession of the public, with the consent or allowance of the inven- tor. (c) When it appears to him that there is no novelty in the inven- tion. 118 CANADA. (d) When it appears to him that the invention has been described in a book or other printed publication before the date of the applica- tion, or is otherwise in the possession of the public. (e) When it appears to him that the invention has already been patented in Canada, unless the Commissioner has doubts as to whether the patentee or the applicant is the first inventor. (/) When ii appears to him that the invention has already been patented in a foreign country, and the year has not expired within which the foreign patentee may apply for a patent in Canada, unless the Commissioner has doubts as to whether the foreign patentee or the applicant is the first inventor. (E. S., c. 61, s. 16.) 18. Whenever the Commissioner objects to grant a patent as afore- said, he shall notify the applicant to that effect and shall state the ground or reason therefor, with sufficient detail to enable the appli- cant to answer, if he can, the objection of the Commissioner. (R. S. c. 61, s. 17.) 19. Every applicant who has failed to obtain a patent by reason of the objection of the Commissioner, as aforesaid, may, at any time within six months after notice thereof has been mailed, addressed to him or his agent, appeal from the decision of the Commissioner to the Governor in Council. (R. S., c. 61, s. 18.) CON FLICTIN G APPLICATION S. 20. In case of conflicting applications for any patent, the sain. 1 shall be submitted to the arbitration of three skilled persons, two of whom shall be chosen by the applicants, one by each, and the third of whom shall be chosen by the Commissioner; and the decision or award of such arbitrators, or of any two of them, delivered to the Commissioner in writing, and subscribed by them or any two of them, shall be final, as far as concerns the granting of the patent. (2) If either of the applicants refuses or fails to choose an arbi- trator, when required so to do by the Commissioner, and if there are only two such applicants, the patent shall issue to the other applicant. (3) If there are more than two conflicting applications, and if the persons applying do not all unite in appointing three arbitrators, the Commissioner may appoint the three arbitrators for the purposes aforesaid. (4) The arbitrators so named shall subscribe and take before a judge of any court of record in Canada, an oath in the form follow- ing, that is to say : "I, the undersigned (A. B.), being duly appointed an arbitrator under the authority of the Patent Act, do hereby solemnly swear or (affirm, as the case may be], that I will well and truly perform the duty of such arbitrator on the conflicting applications of (C. D. and E. F.) submitted to me." CANADA. 119 ('">) The arbitrators,, or any one of them, when so sworn, may sum- mon before them any applicant or other person, and may require him to give evidence on oath, orally, or in writing (or on solemn affirma- tion, if such applicant or person is entitled to affirm in civil cases) , and to produce such documents and things as such arbitrators deem requisite to the full investigation of the matters into which they are appointed to examine, and they shall have the same power to enforce the attendance of such applicants and other persons, and to compel them to give evidence, as is vested in any court of justice in civil cases, in the province in which the arbitration is held. (6) The fees for the services of such arbitrators shall be a matter of agreement between the arbitrators and the applicants, and shall be paid by the applicants who name them, respectively, except those of the arbitrator or arbitrators named by the Commissioner, which shall be paid by the applicants jointly. (R. S., c. 61, s. 19.) GRANT AND DURATION OF PATENTS. 21. Every patent granted under this Act shall contain the title or name of the invention, with a reference to the specification, and shall grant to the patentee and his legal representatives, for the 1 21*111 therein mentioned, from the granting of the same, the exclusive right, privilege and liberty of making, constructing, and using, and vending to others to be used, the said invention, subject to adjudica- tion in respect thereof before any court of competent jurisdiction. (2) In cases of joint applications, the patents shall be granted in the names of all the applicants. (R. S., c. 61, s. 20.) 22. Every patent shall be issued under the seal of the Patent Office and the signature of the Commissioner or of the Deputy Commis- sioner, and. when duly registered, shall be good, and shall avail the grantee and his legal representatives for the term mentioned in the patent. (2) The Commissioner may require that any patent, before it is signed by the Commissioner or by any other member of the King's Privy Council for Canada, acting for him, and before the seal here- inbefore mentioned is affixed to it, shall be examined by the Minister of Justice ,; and, if such examination is so required, the Minister of Justice shall, accordingly, examine it, and if he finds it conformable to law, he shall certify accordingly, and such patent may then be signed, and the seal affixed thereto. (R. S., c. 61, s. 21; 56 V., c. 34, s.2.) 23. The term limited for the duration of every patent of invention issued by the Patent Office shall be eighteen years; but, at the time of the application therefor, it shall be at the option of the applicant to pay the full fee required for the term of eighteen years, or the partial 120 CANADA. fee required for the term of six years. or ( the partial fee required foi the term of twelve years. (2) If a partial fee only is paid, the proportion of the fee shall be stated in the patent, and the patent shall, notwithstanding anything herein or in this Act contained, cease at the end of the term for which the partial fee has been paid, unless before the expiration of the said term the holder of the patent pays the fee required for the further term of six or twelve years, and obtains from the Patent Office a cer- tificate of such payment in the form which is, from time to time, adopted, which certificate shall be attached to and refer to the patent, and shall be under the signature of the Commissioner or of the Deputy Commissioner. (3) If such second payment, together with the first payment, makes up only the fee required for twelve years, then the patent shall, notwithstanding anything therein or in this Act contained, cease ai the end of the term of twelve years, unless at or before the expiration of such term the holder thereof pays the further fee required for the remaining six years, making up the full term of eighteen years, and obtains a like certificate in respect thereof. (55-50 V., c. 24, s. 5: 56 V:, c. 34, s. 3.) RE-ISSUE OF PATENTS. 24. Whenever any patent is deemed defective or inoperative by reason of insufficient description or specification, or by reason of the patentee claiming more than he had a right to claim as new, but at the same time it appears that the error arose from inadvertence, accident or mistake, without any fraudulent or deceptive intention, the Commissioner may, upon the surrender of such patent and the payment of the further fee hereinafter provided, cause a new patent r in accordance with an amended description and specification made by such patentee, to be issued to him for the same invention, for any part or for the whole of the then uriexpired residue of the term for which the original patent was, or might have been granted. (2) In the event of the death of the original patentee or of his having assigned the patent, a like right shall vest in his assignee or his legal representatives. (3) Such new patent, and the amended description and specifi- cation, shall have the same effect in law, on the trial of any action thereafter commenced for any cause subsequently accruing, as if the same had been originally filed in such corrected form before the issue of the original patent. (4) The Commissioner may entertain separate applications, and cause patents to be issued for distinct and separate parts of the invention patented, upon payment of the fee for a re-issue for each of such re-issued patents. (R. S., c. 61, s. 23.) CANADA. 121 DISCLAIMERS. 25. Whenever, by any mistake, accident, or inadvertence, and without any willful intent to defraud or mislead the public, a patentee has (a) Made his specification too broad, claiming more than that of which he or the person through whom he claims was the first in- ventor; or, (b) In the specification, claimed that he or the person through whom he claims was the first inventor of any material or substantial part of the invention patented, of which he was not the first inventor, and to which he had no lawful right ; the patentee may, on payment of the fee hereinafter provided, make disclaimer of such parts as he does not claim to hold by virtue of the patent or the assignment thereof. (2) Such disclaimer shall be in writing, and in duplicate, and shall be attested in the manner hereinbefore prescribed, in respect of an application for a patent; one copy thereof shall be filed and recorded in the office of the Commissioner, and the other copy thereof shall be attached to the patent and made a part thereof by refer- ence, and such disclaimer shall thereafter be taken and considered as part of the original specification. (3) Such disclaimer shall not affect any action pending at the time of its being made, except in so far as relates to the question of unreasonable neglect or delay in making it. (4) In case of the death of the original patentee, or of his having assigned the patent, a like right shall vest in his legal representatives, any of whom may make disclaimer. (5) The patent shall thereafter be deemed good and valid for so much of the invention as is truly the invention of the disclaimant, and is not disclaimed, if it is a material and substantial part of the invention, and is definitely distinguished from other parts claimed without right; and the disclaimant shall be entitled to maintain an action or suit in respect of such part accordingly. (R. S., c. 61, s. 24.) ASSIGNMENTS. 26. The patent may be granted to any person to whom the inven- tor, entitled under this Act to obtain a patent, has assigned of be- queathed the right of obtaining the same, or in default of such assignment or bequest, to the legal representatives of the deceased inventor. (R. S., c. 61, s. 25.) 27. Every patent issued for an invention shall be assignable in law, either as to the whole interest or as to any part thereof, by any instrument in writing; but such assignment, and every grant and 122 CANADA. conveyance of any exclusive right to make and use and to grant to others the right to make and use the invention patented, within and throughout Canada or any part thereof, shall be registered in the Patent Office in the manner, from time to time, prescribed by the Commissioner for such registration; and every assignment affecting a patent for invention shall be null and void against any subsequent assignee, unless such instrument is registered as hereinbefore pre- scribed, before the registration of the instrument under which such subsequent assignee claims. (R. S., c. 61, s. 26.) 28. In cases of joint applications or grants, every assignment from one or more of the applicants or patentees to the other or others, or to any other person, shall be registered in like manner as other assign- ments. (R. S., c. 61, s. 27.) IMPEACHMENT AND OTHER LEGAL PROCEEDINGS IN RESPECT OF PATENTS. 29. A patent shall be void, if any material allegation in the petition or declaration of the applicant hereinbefore mentioned in respect of such patent is untrue, or if the specifications and drawings contain more or less than is necessary for obtaining the end for which they purport to be made, when such omission or addition is wilfully made for the purpose of misleading: Provided that if it appears to the court that such omission or addition was an involuntary error, and if it is proved that the patentee is entitled to the remainder of his patent pro tanto, the court shall render a judgment in accordance with the facts, and shall determine as to costs, and the patent shall be held valid for such part of the invention described, as the patentee is so found entitled to. (2) Two office copies of such judgment shall be furnished to the Patent Office by the patentee, one of which shall be registered and remain of record in the office, and the other of which shall be attached to the patent, and made a part of it by a reference thereto. (R. S., c. 61. s. 28.) 30. Every person who. without the consent in writing of the patentee, makes, constructs, or puts in practice any invention for which a patent has been obtained under this Act or any previous Act, or who procures such invention from any person not authorized by the patentee or his legal representatives to make or use it, and who uses* it, shall be liable to the patentee or his legal representatives in an action of damages for so doing; and the judgment shall be en- forced, and the damages and costs that are adjudged shall be recov- erable, in like manner as in other cases in the court in which the ac- tion is brought. (R. S., c. 61, s. 29.) 31. Any action for the infringement of a patent may be brought in the court of record having jurisdiction, to the amount of the dam- CANADA. 123 ages claimed, in the province in which the infringement is alleged to have taken place, which holds its sittings nearest to the place of residence or of business of the defendant; and such court shall decide the case and determine as to costs. (R. S., c. 61, s. 30.) 32. In any action for the infringement of a patent, the court, or any judge thereof, may, on the application of the plaintiff, or defend- ant respectively, make such order as the court or judge sees fit. (a) Restraining or for an injunction restraining the opposite party from further use, manufacture or sale of the subject-matter of the patent, and for his punishment in the event of disobedience of such order : or, ( 1) ) For and respecting inspection or account ; and, (c) Generally respecting the proceedings in the action. (2) An appeal shall lie from any such order under the same cir- cumstances, and to the same court, as from other judgments or orders of the court in which the order is made. (R. S., c. 61, s. 31.) 33. Whenever the plaintiff, in any such action, fails to sustain the same, because his specification and claim embrace more than that of which he w T as* the first inventor, and it appears that the defendant used or infringed any part of the invention justly and truly speci- fied and claimed as new, the court may discriminate, and the judg- ment may be rendered accordingly. (R. S., c. 61, s. 32.) 34. The defendant, in any such action, may plead as matter of defense, any fact or default which, by this Act, or by law, renders the patent void ; and the court shall take cognizance of such pleading and of the facts connected therewith, and shall decide the case accord- ingly. (R. S., c. 6'1, s. 33.) 35. Any person w r ho desires to impeach any patent issued under this Act may obtain a sealed and certified copy of the patent and of the petition, affidavit, specification and drawings thereunto relating, and may have the same filed in the office of the prothonotary or clerk of any of the divisions of the High Court of Justice in Ontario, or of the Superior Court of Quebec, or of the Supreme Court in Nova Scotia, New Brunswick, British Columbia or Prince Edward Island, re- spectively, or of the Court of King's Bench in Manitoba, or of the Supreme Court of the Northwest Territories in the Provinces of Sas- katchewan and Alberta respectively, pending the disestablishment of that Court by the legislature of those provinces respectively, and thereafter of such superior court of justice as, in respect of civil juris- diction, is established by the said legislatures respectively, in lieu thereof, or of the Territorial Court in the Yukon Territory, according to the domicile elected by the patentee, as aforesaid, or in the office of the registrar of the Exchequer Court of Canada, and such courts, respectively, shall adjudicate on the matter and decide as to costs; and if the domicile elected by the patentee is in that part of Canada 124 CANADA. formerly known as the district of Keewatin, the Court of King's Bench of Manitoba shall have jurisdiction until there is a superior court therein, after which such superior court shall have jurisdiction. (2) The patent and documents aforesaid shall then be held as of record in such courts respectively, so that a writ of scire facias, under the seal of the court, grounded upon such record, may issue for the repeal of the patent, for cause as aforesaid, if, upon proceedings had upon the writ in accordance with the meaning of this Act, the patent i# adjudged to be void. (R. S., c. 61, s. 34; 53 V., c. 13, s. 1.) 36. A certificate of the judgment avoiding any patent shall, at the request of any person filing it to make it of record in the Patent Office, be entered on the margin of the enrollment of the patent in the Patent Office, and the patent shall thereupon be and be held to i: have been void and of no effect, unless the judgment is reversed on appeal as -hereinafter provided. (R. S., c. 61, s. 35.) 37. The judgment declaring or refusing to declare any patent void sh,a'}l be subject to appeal to any court having appellate jurisdiction in ,other cases decided by the court by which such judgment was rendered. (R. S., c. 61, s. 36.) CONDITIONS AND EXTENSION. 38. Every patent shall, unless otherwise ordered by the Commis- sioner as hereinafter provided, be subject, and expressed to be sub- ject, to the following conditions : ' (a) Such patent and all the rights and privileges thereby granted shall cease and determine, and the patent shall be null and void at the end of two years from the date thereof, unless the patentee or his legal representatives, within that period or an authorized exten- sion thereof, commence, and after such commencement, continuously carry on in Canada, the construction or manufacture of the invention patented, in such a manner that any person desiring to use it may obtain it, or cause it to be made for him at a reasonable price, at sqme manufactory or establishment for making or constructing it in Canada. (&) If, after the expiration of twelve months from the granting of a patent, or an authorized extension of such period, the patentee or patentees, or any of them, or his or their or any of their legal repre- sentatives, for the whole or a part of his or their or any of their interest in the patent, import or cause to be imported into Canada, the invention for which the patent is granted, such patent shall be void as to the interest of the person or persons so importing or caus- ing to be imported. (3 E. VII., c. 46, s. 4.) 39. Whenever a patentee is" unable to commence or carry on the construction or manufacture of his invention within the two years hereinbefore provided, the Commissioner may, at any time not more CANADA. 125 than three months before the expiration of that term, grant to the patentee or his legal representatives an extension of the term of two years, on his proving to the satisfaction of the Commissioner that his failure to commence or carry on such construction or manu- facture is due to reasons beyond his control. (3 E. VII., c. 46, s. 5.) 40. The Commissioner may grant to the patentee or his legal rep- resentatives, for the whole or any part of the patent, an extension for a further term not exceeding one year, during which he may import or cause to be imported into Canada the invention for which the patent is granted, if he or they show cause, satisfactory to the Commissioner, to warrant the granting of such extension ; but no extension shall be granted unless application is made to the Commis- sioner at some time within three months before the expiry of the twelve months aforesaid. (3 E. VII., c. 46, s. 6.) 41. The validity of any extension granted or assumed to be granted before the 13th day of August, 1903, of the period of two years theretofore limited by statute in that behalf for the commencement of the construction or manufacture of a patented invention, or of the period of twelve months theretofore so limited for the importation of a patented invention, shall not be open to impeachment, nor shall the patent for any invention in respect of which any such extension had been so granted be deemed to have lapsed or expired, because (a) Such extension, instead of being granted by the Commissioner, was so granted or assumed to be granted by the Deputy Commis- sioner, or. as acting deputy commissioner, by a person performing the duties of the Deputy Minister of Agriculture under the provisions of the Civil Service Act in that behalf, instead of by the Commis- sioner; or. (Z>) In the case of the invention to which such extension relates, there has been granted or assumed to be granted a previous exten- sion or previous extensions of such period of two years, or such period of twelve months, as the case may be. (3 E. VII., c. 46, s. 9.) 42. The validity of any patent granted before the 13th day of August, 1903, shall not be impeached, nor shall such patent be deemed to have lapsed or expired, by reason of the failure of the patentee to construct or manufacture the patented invention, if the patentee within the period of two years from the date of the patent allowed for such construction or manufacture, or within an authorized ex- tension of that period, became, and at all times thereafter continued to be, ready either to furnish the patented invention himself or to license the right of using it, on reasonable terms, to any person de- siring to use it, and if the patentee, or his legal representatives, within six months from the 13th day of August. 1903, had (a) Commenced, and after such commencement continuously car- ried on in Canada, the construction or manufacture of the patented 126 CANADA. invention in such manner as to enable any person desiring to use it to obtain it, or cause it to be made for him, at a reasonable price, at some manufactory or establishment for making or constructing it in Canada; or, (b) Applied for and thereupon obtained an order of the Commis- sioner making the patent subject to the condition hereinafter pro- vided for authorizing application for the issue of licenses to make, construct, use and sell the patented invention. (3 E. VII., c. 46, s. 10.) 43. In the case of any patent which before the 13th day of August, 1903, had become void or the validity of which might have been impeached, and which was revived or protected from impeachment by any provision of the Act, passed in the third year of His Majesty's reign, chapter 46, entitled "An Act to amend the Patent Act" or which, by reason of any such provision, is to be deemed not to have elapsed or expired, any person who had, between the time when such patent became void or the ground for such impeachment arose, and the 13th day of August, 1903, aforesaid, commenced to manufacture, use or sell in Canada the invention covered by such patent, may con- tinue to manufacture, use or sell it in as full and ample a measure as if such reviA^al or protection from impeachment had not been effected ; and, in case any person had, before the 13th day of August aforesaid, contracted with the owner of the patent for the right to manufacture, use or sell such invention in Canada, the contract shall be deemed to have remained in full force and effect notwithstanding that the patent had become void as aforesaid, unless the person who had so contracted with such owner can show that in the meantime, by reason or on the faith of such invalidity or lapsing, he has materially altered his position with respect to such invention, and that the revival of such contract would cause him damage. (3 E. VII., c. 46, s, 14.) 44. On the application of the applicant for a patent, previous to the issue thereof, or on the application within six months after the issue of a patent of the patentee or his legal representatives, the Commissioner, having regard to the nature of the invention, may order that such patent, instead of being subject to the condition with respect to the construction and manufacture of the patented inven- tion hereinbefore provided, shall be subject -to the following condi- tions, that is to say : (a) Any person, at any time while the patent continues in force, may apply to the Commissioner by petition for a license to make, con- struct, use and sell the patented invention, and the Commissioner shall, subject to general rules which may be made for carrying out this section, hear the person applying and the owner of the patent and, if he is satisfied that the reasonable requirements of the public in reference to the invention have not been satisfied by reason of the CANADA. 127 neglect or refusal of the patentee or his legal representatives to make, construct, use or sell the invention, or to grant licenses to others on reasonable terms to make, construct, use or sell the same, may make an order under his hand and the seal of the Patent Office requir- ing the owner of the patent to grant a license to the person applying therefor, in such form, and upon such terms as to the duration of the license, the amount of the royalties, security for payment, and otherwise, as the Commissioner, having regard to the nature of the invention and the circumstances of the case, deems just; (b) The Commissioner may, if he thinks fit, and shall on the request of either of the parties to the proceedings, call in the aid of an assessor, specially qualified, and hear the case wholly or par- tially with his assistance; (c) The existence of one or more licenses shall not be a bar to an order by the Commissioner for, or to the granting of a license on any application, under .this section ; and, (d) The patent and all rights and privileges thereby granted shall cease and determine, and the patent shall be null and void, if the Commissioner makes an order requiring the owner of the patent to grant any license, and the owner of the patent refuses or neglects to comply with such order within three calendar months next after a copy of it is addressed to him or to his duly authorized agent. (3 E. VII., c. 46, s. 7.) 45. Any question which arises as to whether a patent, or any inter- est therein, has or has not become void under any of the provisions of the seven last preceding sections of this Act, may be adjudicated upon by the Exchequer Court of Canada, which court shall have juris- diction to decide any such questions upon information in the name of the Attorney General of Canada, or at the suit of any person inter- ested; but this section shall not be held to take away or affect the jurisdiction which any court other than the Exchequer Court of Canada possesses. (3 E. VII., c. 46, s. 8.) CAVEATS. 46. Any intending applicant for a patent who has not yet per- fected his invention and is in fear of being despoiled of his idea may file, in the Patent Office, a description of his invention so far as it has proceeded, with or without plans, at his own will ; and the Com- missioner, on payment of the fee in this Act prescribed, shall cause the said document, which shall be called a caveat, to be preserved in secrecy, with the exception of delivering copies of the same whenever required by the said applicant or by any judicial tribunal, but the secrecy of the document shall cease when the applicant obtains a patent for his invention. 9316919 9 128 CANADA. (2) If application is made by any other person for a patent for any invention with which such caveat may, in any respect, interfere, the Commissioner shall forthwith give notice by mail, of such appli- cation, to the person who has filed such caveat, and such person shall, within three months after the date of mailing the notice, if he wishes to avail himself of the caveat, file his petition and take the other steps accessary on an application for a patent, and if, in the opinion of the Commissioner, the applications are conflicting, like proceedings may be had in all respects as are by this Act provided in the case of con- flicting applications. (3) Unless the person filing a caveat makes application within one year from the filing thereof for a patent, the Commissioner shall be relieved from the obligation of giving notice, and the caveat shall then remain as a simple manner of proof as to novelty or priority of invention, if required. (R. S. c. 61, s. 38.) PATENT FEES. 47. The following fees shall be payable before an application for any of the purposes herein mentioned shall be received by the Com- missioner, that is to say : Full fee for 18 years - $60. 00 Partial fee for 12 years 40. 00 Partial fee for 6 years 20. 00 Fee for further term of 12 years 40. 00 Fee for further term of 6 years 20.00 On lodging a caveat 5. 00 On asking to register a judgment pro tanto 4. 00 On asking to register an assignment, or any other document affecting or relating to a patent 2.00 For each and every patent mentioned in any notice given to the Commis- sioner by the inventor after the issue of a foreign patent of his inten- tion to apply for a patent in Canada for such invention 2.00 On asking to attach a disclaimer to a patent 2. 00 On asking for a copy of patent with specification 4. 00 On petition to re-issue a patent after surrender, in addition to the fees on the original patent which shall, notwithstanding such surrender, continue to he payable as aforesaid, for every unexpired year of the duration of the original patent 4. 00 On office copies of documents, not above mentioned, the following charges shall be made : ' For every single or first folio of one hundred words certified copy $0. 25 For every such subsequent folio, fractions of or under one-half not being counted, and of one-half or more being counted as a folio 0. 10 (55-56 V., c. 24, s. 7 ; 56 V., c. 34, s. 4; 3 E. VII., c. 46, s. 11.) 48. For every copy of drawings, the person applying shall pay ;snch sum as the Commissioner considers a fair remuneration for the CANADA. 129 time and labour expended thereon by any officer of the Patent Office, or of the Department, or person employed to perform such service. (R. S., c. 61, s. 40.) 49. The said fees shall be in full of all services performed under this Act, in any such case, by the Commissioner or any person em- ployed in the Patent Office. (R. S., c. 61, s. 41.) 50. All fees received under this Act shall be paid over to the Min- ister of Finance, and shall form part of the Consolidated Revenue Fund of Canada, except such sums as are paid for copies of drawings when made by persons not receiving salaries in the Patent Office. (R. S., c. 61, s.* 42.) 51. No person shall be exempt from the payment of any fee or charge payable in respect of any services performed for such person under this Act ; and no fee, when paid, shall be returned to the person who paid it, except (a) When the invention is not susceptible of being patented. (&) When the petition for a patent is withdrawn. (2) In every such case the commissioner may return the fee paid less the sum of ten dollars. (R, S., c. 61, s. 43.) GENERAL. . 52. The Government of Canada may, at any time, use any patented invention, paying to the patentee such sum as the Commissioner re- ports to be a reasonable compensation for the use thereof. (R. S., c. 61, s. 44.) 53. No patent shall extend to prevent the use of any invention in any foreign ship or vessel, if such invention is not so used for the manufacture of any goods to be vended within or exported from Canada. (R. S., c. 61, s. 45.) 54. Every person who, before the issuing of a patent, has pur- chased, constructed, or acquired any invention for which a patent is afterwards obtained under this Act, shall have the right of using and vending to others the specific article, machine, manufactiire or composition of matter patented and so purchased, constructed, or acquired before the issue of the patent therefor, without being liable to the .patentee or his legal representatives for so doing; but the patent shall not, as regards other persons, be held invalid by reason of such purchase, construction, or acquisition or use of the invention, by the person first aforesaid or by those to whom he has sold the same, unless the same was purchased, constructed, acquired, or used, with the consent or allowance of the inventor thereof, for a longer period than one year before the application for a patent therefor, thereby making the invention one which has become public and in public use. ' (R, S., c. 61, s. 46.) 130 CANADA. 55. Every patentee under this Act shall stamp or engrave on each patented article sold or offered for sale by him the year of the date of the patent applying to such article, thus Patented, 1906, or as the case may be; or when, from the nature of the article, this can not be done, then by affixing to it, or to every package wherein one or more of such articles is or are inclosed, a label marked with a like notice: (R. S., c. 61, s. 54.) 56. All specifications, drawings, models, disclaimers, judgments and other papers, except caveats, and except those filed in connec- tion with applications for patents which are still pending, shall be open to the inspection of the public at the Patent Office, under such regulations as are adopted in that behalf. (R. S., c. 61, s. 47; 3 E. VII, c. 46, s. 12.) 57. The Commissioner may destroy, sell or otherwise dispose of, in such manner as he deems best in the public interest, all models and specimens of composition of matter and of ingredients thereof filed in connection with applications for patents of invention after they have served their immediate purpose. (2) All money arising from the sale or disposal of such models or specimens shall be paid into the Consolidated Revenue Fund of Can- ada. (3E. VII, c. 46, s. 15.) 58. Clerical errors which occur in the framing or copying of any instrument in the Patent Office shall not be construed as invalidating the same, but, when discovered, they may be corrected under the authority of the Commissioner. (R. S., c. 61, s. 48.) 59. If any patent is destroyed or lost, a certified copy thereof may be issued in lieu thereof upon the person who applies therefor pay- ing the fees hereinbefore prescribed for office copies of documents. (R. S., c. 61, s. 49 ; 53 V, c. 13, s. 4.) 60. Every court, judge and person whosoever shall take notice of the seal of the Patent Office and shall receive the impressions thereof in evidence, in like manner as the impressions of the Great Seal are received in evidence, and shall also take notice of and receive in evi- dence, without further proof and without production of the originals, all copies or extracts certified under the seal of the Patent Office to be copies of or extracts from documents deposited in such office. (R. S., c. 61, s. 50.) 61. No officer or employee of the Patent Office shall buy, sell or acquire or traffic in any invention or patent, or in any right to a patent; and every such purchase and sale, and every assignment or transfer thereof by or to any officer or employee, as aforesaid, shall be null and void, but this provision shall not apply to any original inventor, or to any acquisition by bequest. (R. S., c. 61, s. 51.) 62. The Commissioner may, from time to time, subject. to the ap- proval of the Governor in Council, make such rules and regulations, CHNADA. 131 and prescribe such forms us appear to him necessary and expedient for the purposes of this Act, and notice thereof shall be given in the Canada Gazette; and all documents, executed in conformity with the same and accepted by the Commissioner, shall be held valid, so far as relates to proceedings in the Patent Office. (R. S., c. 61, s. 52.) 63. The Commissioner shall cause a report to be prepared annually and laid before Parliament of the proceedings under this Act, and shall, from time to time, and at least once in each year, publish a list of all patents granted, and may with the approval of the Gov- ernor in Council, cause such specifications and drawings as are deemed of interest, or essential parts thereof, to be printed, from time to time, for distribution or sale. (R. S., c. 61, s. 53.) OFFENSES AND PENALTIES. 64. Any patentee under this Act who sells or offers for sale any article patented under this Act not stamped or engraved with the year of the patent applying to such article, or when from the nature of the article this can not be done, not having affixed to it or every package wherein one or more of such articles is or are inclosed a label marked with the year of the date of the patent applying to such article in manner and form provided by this Act, shall be liable to a penalty not exceeding one hundred dollars, and, in default of the payment of such penalty, to imprisonment for a term not exceeding two months. (R. S., c. 61, s. 54.) 65. Every person who (a) Writes, paints, prints, moulds, casts, carves, engraves, stamps, or otherwise marks upon anything made or sold by him, and for the sole making or selling of which he is not the patentee, the name or any imitation of the name of any patentee for the sole making or sell- ing of such thing, without the consent of such patentee ; or, (b) Without the consent of the patentee writes, paints, prints, moulds, casts, carves, engraves, stamps, .or otherwise marks upon any- thing not purchased from the patentee, the words, Patent, Letters Patent, King^s or Queen's Patent, Patented, or any word or words of like import, with the intent of counterfeiting or imitating the stamp, mark, or device of the patentee, or of deceiving the public and inducing them to believe that the thing in question was made or sold by or with the consent of the patentee or his legal representa- tives; or, (c) Offers for sale as patented any article not patented in Canada for the purpose of deceiving the public ; is guilty of an indictable offense, and liable to a fine not exceeding two hundred dollars, or to imprisonment for a term not exceeding three months, or to both. (R. S., c. 61, s. 55.) 132 CANADA. 66. Every person who wilfully makes or causes to be made any false entry in any register or book, or any false or altered copy of any document relating to the purposes of this Act, or who produces or tenders any such false or altered document in evidence, knowing the same to be such, is guilty of an indictable offense and shall be liable to be punished by fine and imprisonment accordingly. (R. S., c. 61, s. 56.) CANADA WAR LEGISLATION. PATENTS REGULATIONS " WAR MEASURES ACT " ORDER IN COUN- CIL OF OCTOBER 2, 1914. [2436] PRIVY COUNCIL, CANADA, AT THE GOVERNMENT HOUSE AT OTTAWA, Friday, the 2d day of October, 1914- Present : His Royal Highness the Governor General in Council. The Governor General in Council, under and in virtue of the author- ity conferred by " The War Measures Act, 1914," is pleased to order as follows : The following Orders and Regulations respecting Patents of Inven- tion are hereby made and established : 1. ".Commissioner" means the Commissioner of Patents and in- cludes the Deputy Commissioner of Patents. 2. The Commissioner may, on the application of any person, and subject to such terms and conditions, if any, as he may think fit, order the avoidance or suspension, in Avhole or in part, of any patent or license, the person entitled to the benefit of which is the subject of any State at war with His Majesty, and the Commissioner, before granting any such application, may require to be satisfied on the following heads: (a) That the person entitled to the benefit of such patent or license is the subject of a State at war with His Majesty. (b) That the person applying intends to manufacture or cause to be manufactured, the patented article, or to carry on, or cause to be carried on the patented process within the Dominion of Canada. (c) That it is the general interests of the country, or of a section of the community, or of a trade, that such article should be manufac- tured or such process carried on as aforesaid. The fee payable on such application shall be ten dollars. The Commissioner may at any time, in his absolute discretion, re- voke any avoidance or suspension of any patent or license ordered by him. Provided always that the Commissioner may at any time, if in his absolute discretion he deems it expedient in the public interest, order CANADA. 133 the avoidance or suspension in whole or in part of any such patent or license upon such terms and conditions, if any. as he may think fit. 3. In any case in which the Commissioner makes an order by virtue of the powers vested in him under these Rules and Regulations or any of them, avoiding or suspending in whole or in part a patent, he may, in his discretion, grant in favour of persons other than the subject of any State at war with His Majesty, licenses to make, use, exercise or vend the patented invention so avoided or suspended, upon such terms and conditions and either for the whole term of the patent or for such less period as the Commissioner may think fit. 4. The Commissioner may, at any time during the continuance of these Orders and Regulations, avoid or suspend any proceedings on any application made under The Patent Act by a subject of any State at war with His Majesty. 5. The Commissioner may also, at any time, during the continuance of these Orders and Regulations, extend the time prescribed by The Patent Act or any rules made thereunder, for doing any act or filing any document, upon such terms and subject to such conditions as he may think fit in the following cases, namely : (d) Where it is shown to his satisfaction that the applicant, pat- entee, or proprietor, as the case may be, was prevented from doing the said act, or filing the said document, by reason of active service or enforced absence from this country, or any other circumstances aris- ing from the present state of war, which in the opinion of the Com- missioner, would justify such extension. (i>) Where the doing of any act would, by reason of the circum- stances arising from the present state of war, be prejudicial or injuri- ous to the rights or interests of any applicant, patentee, or proprietor as aforesaid. Such extension of any prescribed time, if granted after its. expira- tion, shall have the same eifect as if granted prior thereto, provided such expiration occurred on or after the 4th day of August, 1914. 6. The Commissioner may refuse to register the assignment of any patent made by a subject of any State at war with His Majesty and filed in the Patent Office on or after the 4th day of August, 1914. unless satisfied that such assignment was made in good faith and not for the purpose of evading any of the provisions of the foregoing Orders and Regulations. 7. The term u person " used in these Orders and Regulations shall, in addition to the meaning given thereto by paragraph 20 of section 34 of " The Interpretation Act," include any Government department. 8. These Orders and Regulations shall come into operation as and from the 4th day of August, 1914. 9. The Orders and Regulations respecting Patents of Invention made under "The War Measures Act, 1914.'* and dated the llth 134 CANADA. September, 1914 (see 12 P. & T. M. Rev.,. 364 Ed.) are hereby rescinded and repealed. (Signed) RODOLPHE BOUDREAU, Clerk of the Privy Council. PATENTS or INVENTION AMENDMENT TO ORDER IN COUNCIL OF OCTOBER 2ND, 1914. AT THE GOVERNMENT HOUSE AT OTTAWA. Friday, the 8th day of March, 1918. Present: His Excellency, the Governor General in Council. His Excellency, the Governor General in Council, on the recom- mendation of the Acting Minister of Agriculture, and under arui by virtue of the* provisions of the War Measures Act, 1914, is pleased to order that the regulations respecting patents of invention, estab- lished by Order in Council of 2nd October, 1914 (P. C. Xo. 2,436), shall be and the same are hereby amended by adding thereto the fol- lowing regulation No. 12 : REGULATION. " 12. Any person to whom a license is granted to make, use, exer- cise or vend a patented invention under the provisions of regulation three, shall have the same power and right to take any action or other legal proceedings to prevent or restrain any infringement of the said patent which affects the rights of such person under such license, or to recover compensation or damages for any such infringement, that the owner of a patent would have for an infringement of his patent." (Signed) RODOLPHE BOUDREAU, Clerk of the Privy Council. INDUSTRIAL PROPERTY ENEMY COUNTRIES WAR MEASURES ORDER OF FEBRUARY 8, 191;5. We are indebted to Mr. Owen N. Evans, of Montreal, for the text of the following order : [I>. C.< 291.] PRIVY COUNCIL, CANADA. AT THE GOVERNMENT HOUSE AT OTTAWA. Monday, the 8th day of February, 1916. Present: His Royal Highness the Governor General in Council. His Royal Highness the Governor General in Council in pursuance of the provisions of an Order in Council of date the 6th day of Jan- CANADA. 135 nary, 1915. respecting the granting of licenses in connection with the Koyal Proclamations relating to Trading with the Enemy, published in the Canada Gazette on the 12th day of September, 1914, and the 15th day of October, 1914. doth hereby give and grant license to all persons resident, canning on business or being in the Dominion of Canada : To pay any fees necessary for obtaining the grant or for obtain- ing the renewal of patents or for obtaining the registration of De- signs or Trade-marks or the renewal of such registration in an ""enemy country" : And also to pay on behalf of an "enemy" any fees payable in the Dominion of Canada on application for or renewal of the grant of a patent or on application for the registration of Designs or Trade- marks or the renewal of such registration. The expression "enemy country" herein means the territories of the German Empire and of the Dual Monarchy of Austria-Hungary, together with all the Colonies and Dependencies thereof, as well as the Dominions of His Imperial Majesty the Sultan of Turkey other than any territory in the occupation of His Britannic Majesty or His Allies. The expression "enemy" herein means any person or body of per- sons of whatever nationality resident or carrying on business in the enemy country, but does not include persons of enemy nationality who are neither resident nor carrying on business in the enemy country. In the case of incorporated bodies, enemy character at- taches only to those incorporated in an enemy country. (Signed) RODOLPHE BOUDREAU, Clerk of the Privy Council. PATENTS REGULATIONS "WAR MEASURES ACT" ORDER IN COUN- CIL (AMENDATORY) OF FEBRUARY 14, 1916. AT THE GOVERNMENT HOUSE AT OTTAWA, Monday ', the 14th day of February, 1916. Present : His Royal Highness the Governor General in Council. His Royal Highness the Governor General in Council is pleased to order that the Orders and Regulations respecting Patents of Inven- tion of date the 2nd October, 1914, 1 made under and in virtue of the authority conferred by The War Measures Act, 1914, shall be and the same are hereby amended as follows : 1. That section 5 of said Orders and Regulations be amended by adding thereto " and shall be valid notwithstanding any previous extension or extensions granted either under authority of The Patent Act or these Orders and Regulations. 13 P. & T. M. Rev., 11. 136 CANADA. 2. That the following section be added: " 10. In any 'case in which through circumstances arising from the present state of war the Commissioner may deem it expedient, he may order that during the continuance of the war and for six months thereafter, neither the failure to construct or manufacture in Canada any patented invention nor the importation of such invention into Canada shall in any way affect the validity of the patent granted in respect of such invention, notwithstanding anything in The Patent Act or in such patent." (Signed) RODOLPHE BOUDREAU, Clerk of the Privy Council. FRANCE. [Law of the 5th of July. 1844.1 CHAPTER 1. GENERAL, PROVISIONS. ARTICLE 1. Every new discovery or invention, in all departments of industry, confers upon its author, under the conditions and for the term hereinafter mentioned, the exclusive right of working for his own profit the said discovery or invention. . This right is established by deeds delivered by the Government, under the name of Patents of Invention. ART. 2. The following shall be considered as new inventions or discoveries : The invention of new industrial products. The invention of new methods, or the new application of known methods, for obtaining an industrial result or product. ART. 3. The following are not patentable: 1. Pharmaceutical compositions and remedies of all kinds, such objects remaining subject to the special laws and regulations for these matters, and especially to the decree of the 18th of August, 1810, relating to secret remedies. 2. Schemes and combinations relating to credit or finance. ART. 4. The duration of patents shall be five, ten, or fifteen years. Every patent shall be subject to the payment of a tax fixed as follows : Five hundred francs for a patent of five years. One thousand francs for a patent of ten years. Fifteen hundred francs for a patent of fifteen years. This tax shall be paid by annuities of one hundred francs, under penalty of forfeiture if the patentee allow any year to elapse without paying it. CHAPTER II. FORMALITIES RESPECTING THE DELIVERY OF PATENTS. Section I. Applications for Patents. ART. 5. Any person who may wish to obtain a patent of inven- tion shall deposit under seal, at the office of the Secretary of the Pre- 137 138 FRANCE. fecture in the department which he is domiciled, or in any other department, on electing domicile there: 1. His petition to the Minister of Agriculture and Commerce; 2. A specification of the discovery, invention, or application form- ing the subject of the patent applied for; 3. The drawings or specimens which may be necessary for the comprehension of the specification; and, 4. A memorandum of the documents deposited. In the Department of the Seine applications for patents shall be lodged at the bureaux of the National Office of Industrial Property. [NOTE. The words in italic were added by the Finance Law of the 26th of December, 1908.] ART. 6. The application shall be limited to a single principal ob- ject, with the points of detail that constitute it, and its applications which shall be indicated. It shall mention the duration which the applicants wish to assign to their patent within the limits fixed by Article 4, and shall contain neither restrictions, conditions, nor reservations. It shall set forth a title containing a short and precise designation of the object of the invention. The specification may not be written in a foreign language. It should be without alterations or interlineations. Words erased shall be counted and verified, the pages and references being initialed. It should not contain any denomination of weights or measures other than those inserted in the table annexed to the law of the 4th of July, 1837. The drawings shall be made in ink and to a metrical scale. A duplicate of the specification and drawings shall be annexed to the petition. All documents shall be signed by the applicant or by an attorney, whose power shall remain annexed to the petition. ART. 7. (of the Law of the 9th of July, 1901). The drawings ac- companying applications for patents of invention and certificates of addition, in conformity with the provisions of Article 6 of the Law of the 5th of July, 1844, shall be prepared in the form and to the scale to be determined by a decree of the Minister of Commerce, Industry, Posts and Telegraphs. ART. 7. No deposit shall be received except on the production of a receipt proving the payment of a sum of one hundred francs on ac- count of the patent tax. A report drawn up without charge by the General Secretary of the Prefecture in the Departments and by the Director of the National Office of Industrial Property in Paris shall prove every deposit, indicating the day and hour when the documents were delivered. [NOTE. The words in italic v/ere substituted by the Finance Law of the 261 b of December, 1908.] FRANCE. 139 A copy of the said report shall be remitted to the depositor on paying the cost of the stamp. ART. 8. The term of the patent shall run from the day of the de- posit prescribed by Article 5. SECTION II. Delivery of Patents. ART. 9. Immediate^ after registration of the petitions, and with- in five days from the date of the deposit, the Prefects shall transmit the documents, under the seal of the inventor, to the Minister of Agriculture and Commerce, adding thereto a -certified copy of the report on the deposit, the receipt proving the payment of the tax, and, if there be one, the poAver mentioned in Article 6. ART. 4 (of the Law of the 9th of July, 1901). The work connected with patents of invention * * * carried on at the Ministry of Commerce, Industry, Posts and Telegraphs is transferred to the Con- servatoire National des Arts et Metiers. ART. 10. On the arrival of the documents at the Ministry of Agri- culture and Commerce (see Art. 9) they shall be opened, the petitions registered, and the patents issued in the order of the receipt of the said petitions. ART. 11. Patents applied for in due form shall be granted without previous examination at the risk and peril of the applicants, and without guarantee either of the reality, novelty, or merit of the in- vention, or the accuracy or correctness of the specification. A decree of the Minister certifying the regularity of the appli- cation shall be granted to the applicant, and shall constitute the patent of invention. To this decree shall be annexed a printed copy of the specification and drawings mentioned in Article 24 after its conformity with the original has been verified and, if necessary, established. The first copy of patents shall be delivered gratis. All subsequent copies required by the patentee or by persons en- titled through him shall be subject to a tax of twenty-five francs. The cost of the drawings, if any, shall be paid by the person re- quiring them. The patent shall not be issued until one year after the date of lodg- ing of the application if the said application contain an express request to that effect. The benefit of the forego-ing provision can not be claimed by per- sons who have already profited by periods of priority given by treaties of reciprocity, and especially by Article 4 of the International Convention of the 20th of March, 1883, for the Protection of Indus- trial Property. [NOTE. The words in italic were added by the Law of the 7th of April, 1902.} 140 FRANCE. ART. 12. Every application in which the formalities prescribed by Nos. 2 and 3 of Article 5, and by Article 6, have not been observed shall be rejected. One-half of the sum paid shall belong to the Treasury; but the whole sum will be carried to the account of the applicant if he renew his application within a term of three months, reckoning from the date of the notice of rejection of his application. ART. 13. Whenever, in pursuance of Article 3, a patent can not be granted, the tax shall be refunded. ART. 14. A Royal Ordinance inserted in the Bulletin des Lois every three months shall announce the patents granted. ART. 15. The term of patents can only be extended by a law. Section III. Certificates of addition. ART. 16. The patentee or parties entitled under the patent shall during the whole term of the patent be entitled to make alterations, improvements, or additions to the invention by complying, when lodging a petition, with the formalities prescribed by Articles 5, 6, and 7. These alterations, improvements, and additions shall be authenti- cated by certificates, granted in the same form as the principal pat- ent, and having, from the respective dates of the petition and the grant, the same effect as the said principal patent, with which they shall expire. Every application for a certificate of addition shall be subject to the payment of a tax of twenty francs. Certificates of addition taken by one of the persons entitled inures to the benefit of all the others. ART. 17. Every patentee who, for an alteration, improvement, or addition, Avishes to take a principal patent of five, ten, or fifteen years, instead of a certificate of addition expiring with the original patent, must comply with the formalities prescribed by Articles 5, 6, and 7. and pay the tax mentioned in Article 4. ART. 18. None but the patentee or persons entitled through him, acting as above mentioned, can during one year legally obtain a patent for an alteration, improvement, or addition to the invention which forms the subject of the original patent. Nevertheless, any person who shall wish to obtain a patent for an alteration, addition, or improvement in a discovery already patented, may during the said year make an application, which shall be trans- mitted to and remain deposited under seal at the Ministry of Agri- culture and Commerce. (See Art. 9.) At the expiration of that year the seal shall be broken and the patent granted. FRANCE. 141 Nevertheless, the original patentee shall have the preference for all alterations, improvements, and additions for which he shall have demanded during that year a certificate of addition or a patent. ART. 19. Whoever shall have taken a patent for a discovery, in- vention, or application connected with the subject of another patent shall have no right to work the invention already patented, and, reciprocally, the ow y ner of the original patent can not work the invention which forms the subject of the new patent. SECTION IV. Assignment and Transfer of Patents. ART. 20. Any patentee may transfer the whole or part of the own- ership of his patent. The transfer of the whole or part of a patent, either gratuitously or for a consideration, can only be effected by notarial act and after the payment of the whole of the tax prescribed by Article 4. No transfer shall be valid as regards third parties until it has been registered at the office of the Secretary of the Prefecture of the de- partment in which the deed has been executed. The registration of deeds executed in the Department of the Seine shall ~be effected in the Bureaux of the National Office of Industrial Property. [NOTE. The words in italic were inserted by the Finance Law of 26th of December, 1908.] The registration of assignments and of all other acts entailing a transfer shall be effected on the production and deposit of an authentic extract from the deed of assignment or transfer. A copy of each entry of registration, together with the extract from the deed above mentioned, shall be forwarded by the Prefects to the Minister of Agriculture and Commerce (see Art. 9) within five days of the date of entry. ART. 21. There shall be kept at the Ministry of Agriculture and Commerce (see Art. 9) a register in which shall be inscribed the changes in the ownership of each patent, and every three months a Royal Ordinance shall publish, in the form prescribed by Article 14, the changes registered during the preceding quarter. ART. 22. Licensees under a patent, and those who may have acquired from a patentee or from persons entitled through him the right to work the discovery or invention, shall as of right profit by the certificates of addition which may afterwards be granted to the patentee or to persons entitled through him. Reciprocally, the pat- entee or persons entitled through him shall profit by certificates of addition which may afterwards be granted to the licensees. All those who may have a right to profit by certificates of addition may obtain a copy at the Ministry of Agriculture and Commerce by paying a fee of twenty francs. 142 FRANCE. SECTION V. Inspection and Publication of Specifications and Draw- ings of Patents. ART. 23. The specifications, drawings, specimens, and models of patents granted shall, until the expiration of the patents, remain deposited at the Ministry of Agriculture and Commerce (see Art. 9), where they may be inspected free of charge by every applicant. Any person may obtain, at his own expense, a copy of the said specifications and drawings, according to the forms to be established by the regulations prescribed in accordance with Article 50. Art. 6 (of the Law of the 9th of July, 1901). The archives, collec- tions, effects, and stock connected with the work of patents * * * shall cease to be included in the inventory of the Minister of Com- merce, Industry, Posts and Telegraphs, and shall be taken over by the responsible officer of the Conservatoire National des Arts et Metiers. ART. 24 (as amplified by the Law of the 7th of April, 1902). The specifications and drawings of all patents of invention and certificates of addition shall be published in extenso in separate pamphlets in the order of their registration. In cases where a request has been made to delay the issue of the patent for a year, as provided in Article 11, this publication shall only take place after the expiry of this delay. There shall also be published a catalogue of patents of invention issued. A decree of the Minister of Commerce and Industry shall de- termine (1) the form, size, and wording of the specifications and drawings, and also the price of the printed specifications and the rules for the publication of the catalogue; (2) the conditions to be complied with by persons who, after lodging an application for a patent in France and being desirous of lodging similar applications abroad before the issue of the French patent, wish to obtain an official copy of the documents relating to their application in France. Each issue of this kind shall be subject to a fee of twenty-five francs. The cost of the drawings, if any, must be borne by the applicant. ART. 25. The collection of specifications and drawings and the catalogue published according to the preceding article shall be de- posited at the Ministry of Agriculture and Commerce, and at the office of the Secretary of the Prefecture of each Department, where they may be inspected free of charge. ART. 26. On the expiration of patents the original specifications and drawings shall be deposited in the Royal Conservatory of Arts and Crafts. FBANCE. 143 CHAPTER III. RIGHTS OF FOREIGNERS. ART. 27. Foreigners may obtain patents of invention in France. ART. 28. The formalities and conditions prescribed by the present law shall be applicable to patents applied for or granted in com- pliance with the preceding article. ART. 29. The author of an invention or discovery already patented abroad may obtain a patent in France; but the duration of this patent must not exceed that of the patents previously obtained abroad. CHAPTER IV. ANNULMENTS AND FORFEITURES, AM) ACTIONS RELATING THERETO. SECTION I. Annulments and Forfeitures. ART. 30. Patents granted under the following circumstances shall be null and of no effect : 1. If the discovery, invention, or application be not new. 2. If the discovery, invention, or application be not patentable according to Article 3. 3. If the patents refer to theoretical or purely scientific principles, methods, systems, discoveries, and conceptions, the industrial appli- cations of which are not indicated. 4. If the discovery, invention, or application be found to be con- trary to public order or safety, to morals, or to the laws of the country, without prejudice in such a case, and in that of the preced- ing paragraph, to any penalties which may be incurred by the manu- facture or sale of the prohibited articles. 5. If the title under which the patent has been applied for fraudu- lently indicate an object other than the real object of the invention. 6. If the specification annexed to the patent be not sufficient for working the invention, or if it do not point out in a complete and fair manner the real means employed by the inventor. 7. If the patent have been obtained contrary to the provisions of Article 18. Certificates comprising alterations, improvements, or additions which are not connected with the original patent shall likewise be null and of no effect. ART. 31. No discovery, invention, or application shall be considered as now Avhich. in France or abroad, and before the date of the de- posit of the application, has received sufficient publicity to enable it to be worked. ART. 32. The following shall be deprived of all their rights : 9316910 10 144 FRANCE. 1. The patentee who has not paid his annuity before the beginning of each year of the term of his patent. The interested party shall always have an extension of three months, at most, in which to pay his annuity; but there must ~be paid, in addition, a supplementary tax of five francs if he make the payment in the first month, of ten francs if he make the payment in the second month, and of fifteen francs if he make the payment in the third 'month. This supplementary tax 'must ~be paid at the same time as the annuity in am*ear. [NOTE. The words in italic were inserted by the Law of the 7th of April, 1902.] 2. The patentee who has not worked his discovery or invention in France within the term of two years from the date of the signature of his patent, or who has ceased to work it during two consecutive years, unless, in the one case or the other, he justify himself as to the causes of his inaction. 3. The patentee who has introduced into France articles manufac- tured abroad and similar to those which are protected by his patent. Nevertheless the Minister of Agriculture, Commerce, and Public Works may authorize the introduction: 1. Of models of machines; 2. Of articles made abroad intended for public exhibitions or for trials made with the consent of the Government. [NOTE. The words in italic* were substituted by the Law of the 31st of May, 1856.] ART. 33. Whoever, in sign-boards, advertisements, prospectuses, placards, marks, or stamps, calls himself patentee, without possessing a patent granted conformably to law, or after the expiration of a prior patent ; or who, being a patentee, mentions his, title of patentee, or his patent, without adding the words, " sans garantie du gouveme- ment" shall be subject to a fine of from fifty to one thousand francs. In the event of a repetition of the offense the fine may be doubled. SECTION II. Actions for annulment and forfeiture. ART. 34. An action for annulment or an action for forfeiture may be brought by all persons interested therein. These actions, as well as all disputes relating to the ownership of patents, shall be brought before the civil tribunals of first instance. ART. 35. If the claim be brought at the same time against the owner of the patent and one or several partial licenses, it shall be brought before the tribunal of the domicile of the owner of the patent. FRANCE. 145 ART. 36. The case shall be examined and decided in the form pre- scribed for summary matters by Article 405 and following of the Code of Civil Procedure. It shall be communicated to the Procureur du Rot. ART. 37. In every suit tending to the annulment or forfeiture of a patent, the Public Ministry may intervene and take steps to have the absolute nullity or forfeiture of the patent pronounced. The Ministry may also proceed directly, by original action, to have the annulment pronounced in the cases provided for in Nos. 2, 4, and 5 of Article 30. ART. 38. In cases coming under Article 37, all persons entitled under the patent whose titles have been registered at the Ministry of Agriculture and Commerce (see Art. 9). conformably to Article 21, must be parties to the action. ART. 39. When the absolute annulment or forfeiture of a patent lias been pronounced by a finally effective judgment or decree, notice shall be given to the Ministry of Agriculture and Commerce, and the annulment or forfeiture shall be published in the form prescribed by Article 14 for announcing patents. CHAPTER V. INFRINGEMENTS, PROSECUTIONS, AND PENALTIES. ART. 40. Every interference with the rights of a patentee, either by the manufacture of the products or by using the means forming the subject of his patent, constitutes the offense of infringement. That offense shall be punished by v fine of from one hundred t,o two thousand francs. ART. 41. Those who have knowingly received, sold, or exposed for pale, or introduced into French territory one or more infringing articles, shall be punished with the same penalties as infringers. ART. 42. The penalties established by the present law shall not be cumulative. The highest penalty shall be inflicted as covering all offenses prior to the commencement of the prosecution. ART. 43. In case of a repetition of the offense, there shall be in- flicted, in addition to the fine prescribed by Articles 40 and 41, im- prisonment of from one to six months. It shall be considered a repetition of the offense if the accused have during the five previous years undergone a first punishment for one of the offenses coming under the present law. Imprisonment of from one to six months may also be inflicted if the inf ringer be a workman or employee who has worked in tht, 146 FRANCE. factory or establishment of the patentee or if the infringer, having associated himself with a workman or an employee of the patentee, have become acquainted through the latter with the processes de- scribed in the patent. In the latter case the workman or employee may be prosecuted as an accomplice. ART. 44. Article 463 of the Penal Code may be applied to offenses provided for by the preceding provisions. ART. 45. Penal proceedings for imposing the above penalties can not be brought by the Public Ministry except on the complaint of the injured party. ART. 46. The Criminal Court before which an action for the offense of infringement is brought shall decide on the objections raised by the accused, whether as to the nullity or forfeiture of the patent, or as to questions relating to the ownership of the said patent. ART. 47. The proprietors of the patent may, by virtue of an order of the president of the tribunal of first instance, proceed, by the officers of the Court, to have inventoried, Avith or without seizure, the articles said to be infringements. This order shall be issued on a simple request and on the produc- tion of the patent; it shall contain, if necessary, the nomination of an expert to assist the officer in his inventory. When a seizure is to be made, the said order may require security from the applicant, which shall be given before the matter is pro- ceeded with. Security shall always be required from a foreign patentee who de- mands a seizure. A copy of the order and of the deed certifying that the security, if required, has been deposited, shall be left with the holder of the articles inventoried or seized, under pain of annulment of the pro- ceedings and of damages against the officer. ART. 48. In default of the applicant suing, either by civil or criminal proceedings, within eight days, besides one day for every three myriametres' distance between the place where the articles seized or inventoried were found and the residence of the infringer, concealer, importer, or seller, the seizure or inventory shall be legally void, without prejudice to the damages which may, if they have risen, be claimed in the form prescribed by Article 36. ART. 49. The confiscation of the articles held to be infringements, and, if the case arise, of the instruments or tools specially designed for their manufacture, shall be pronounced against the maker, con- cealer, importer, or seller even in case of an acquittal. The confiscated articles shall be delivered to the owner of the patent, without prejudice to his claiming further damages, and to the placarding of the judgment according to circumstances. FRANCE. 147 CHAPTER VI. SPECIAL AND TRANSITORY PROVISIONS. ART. 50. Royal Ordinances for the regulation of the public admin- istration shall prescribe the necessary provisions for the execution of the present law, which shall not come into force until three months after its promulgation. ART. 51. Ordinances delivered in the same form may regulate the application of the present law to the Colonies, with the modifications that may be judged necessary. ART. 52. The following are to be repealed from the day when the present law comes into execution : The laws of the Tth January and 25th May. 1791 ; of the 20th September, 1792 ; the decree of the 17th Vericlemiaire. of the year VII; the decree of the 5th Vendemiaire, of the year IX; the decrees of the 25th November, 1806, and 25th January, 1807; and all provisions prior to the present law, relating to patents of invention, importation, and improvement. Law of the 15tJi of April, 190%. [Law approving the additional Act, signed at Brussels, on the 14th of December, 1900. modifying the Convention of the 20th of March, 1883, relative to the international protection of industrial property, and also the protocol annexed to the Convention.] The President of the Republic is authorized to ratify and, if neces- sary, to issue a decree giving force to the additional Act signed at Brussels on the llth of December, 1900, modifying the Convention of the 20th of March, 1883, relative to the international protection of industrial property and also the protocol annexed to the Convention. An authentic copy of the additional Act of the 14th of December, 1900, shall be annexed to this law. [Law of the llth of April, 1908, relating to the temporary protection of industrial property in official or officially recognized international Exhibitions abroad and in Ex- hibitions organized in France or the Colonies with the authorization or under the patronage of the Government.] ARTICLE I. Temporary protection is granted to patentable inventions to industrial designs and models, and to manufacturing or com- mercial marks for articles which may be duly admitted to official or officially recognized International Exhibitions abroad. This protection, the term of which is fixed at twelve months dating from the official opening of the Exhibition, shall have the effect of preserving to exhibitors, or to those entitled through them, under the conditions set out below, the right of claiming during such term the protection to which their discoveries, designs, models, or marks shall be legally entitled. 148 FRANCE. The term of this temporary protection shall not be prolonged, either by the periods of priority granted by Article 4 of the Inter- national Convention of the 20th of March, 1883, modified by the additional Act of Brussels of the 14th of December, 1900, or by those fixed by Article 11 of the law of the 5th of July, 1844, modified by that of the 7th of April, 1902. ART. II. Exhibitors who may wish to avail themselves of the tem- porary protection shall lodge, through the authority appointed to officially represent France at the Exhibition, a certificate proving that the article for which protection is sought is duly exhibited. An application for such certificate must be made at the office of the Exhibition and at the latest within the first three months of the official opening of the Exhibition. It shall be accompanied by an exact description of the article to be certified, and, if necessary, by drawings thereof. The applications shall be inscribed in a special register, which shall be sent with the said application and the accompanying docu- ments to the Ministry of Commerce and Industry immediately after the official closing of the Exhibition. The applications shall be shown free of charge upon demand through the National Office of Industrial Property. ART. III. The necessary rules for the application of this law shall be determined by a decree for each Exhibition fulfilling the condi- tions, of Article I. ART. IV. Similar protection is granted to patentable inventions, designs, and models, and also to manufacturing or commercial marks for articles which shall be duly admitted to Exhibitions organized in France or the Colonies with the aiithorization or under the patronage of the Government. The rules necessary for the application of this article shall be de- termined by decree. The law of the 23rd of May, 1868, is repealed. FRANCE TRADE-MARK LAW OF JUNE 23, 1857. Title 1. Right of property in trade-marks. ARTICLE 1. The mark of trade or of commerce is discretionary. However, it may exceptionally be declared obligatory by decrees rendered in the form of regulations of public administration for products determined therein. The following are to be considered as marks of trade and com- merce: Names under a distinctive form, denominations, emblems, embossments, stamps, seals, vignettes, reliefs, letters, figures, enve- FRANCE. 149 lopes, and all other signs serving to distinguish the products of a factory or the objects of commerce. ART. 2. Nobody can claim the exclusive property of a trade-mark unless he has deposited two specimens of said mark with the clerk of the tribunal of commerce of his domicile. ART. 3. The deposit has effect only for 15 years. The property of the mark may always be preserved for a new term of 15 years, by means of a new deposit. ART. 4. There is collected a fixed fee of 1 franc for the drawing up of the official report of deposit of each mark, and for the cost of issuing, not including the cost of stamp and of registration. Title 2- Provisions relating to foreigners. ART. 5. Foreigners who possess in France industrial or commercial establishments enjoy, for the products of their establishments, the benefit of the present law on complying with the formalities which it prescribes. ART. 6. Foreigners and Frenchmen whose establishments are situ- ated outside of France enjoy equally the benefit of the present law for the products of these establishments, if, in the countries where they are situated, diplomatic conventions have established reciprocity for French marks. In this case the deposit of foreign marks takes place with the clerk of the tribunal of commerce of the Department of the Seine. Title 3. Penalties. ART. 7. The following persons will be punished by a fine of from 50 to 3,000 francs and imprisonment of from three months to three years, or one of these penalties only : (1) Those who have counterfeited a mark or made use of a coun- terfeited mark. (2) Those who have fraudulently affixed on their products or ob- jects of commerce a mark belonging to another. (3) Those who have knowingly sold or put up for sale one or sev- erals products bearing a mark counterfeited or fraudulently affixed. ART. 8. The following persons will be punished by a fine of from 50 to 2,000 francs and imprisonment of from one month to one year, or one of these penalties only : (1) Those who, without counterfeiting a mark, have made a fraud- ulent imitation of it of a nature to deceive the purchaser, or have made use of a mark fraudulently imitated. (2) Those who have made use of a mark bearing indications calcu- lated to deceive the purchaser as to the nature of the product. 150 FRANCE. (3) Those who have knowingly sold or put on sale one or several products bearing a mark fraudulently imitated or bearing indications calculated to deceive the purchaser as to the nature of the product. ART. 9. The following persons will be punished by a fine of from 50 to 1,000 francs and imprisonment of from 15 days to six months, or one of these penalties only : (1) Those who have not affixed on their products a mark declared obligatory. (2) Those who have sold or put on sale one or several products not bearing the mark declared obligatory for that species of products. (3 Those wh6 have contravened the provisions of decrees rendered in execution of Article 1 of the present law. ART. 10. The penalties established by the present law can not be accumulated. The severest penalty alone is to be inflicted for all deeds prior to the first act of prosecution. ART. 11. The penalties provided for in sections 7, 8. and 9 may be doubled in case of renewal of the offense. There is a renewal of the offense whenever there has been pro- nounced against the accused within the preceding five years a sentence for an offense provided for by the present law. ART. 12. Article 463 of the penal code may be applied to offenses provided for by the present law. ART. 13. The offenders may, moreover, be deprived of the right to participate in the election of tribunals and of chambers of commerce, of consulting chambers of arts and manufactures, and of councils of experts during a time which shall not exceed 10 years. The tribunal may order the posting of the judgment in places which it may determine and its insertion integrally or by extract in the journals which it may designate, all this at the cost of the offender. ART. 14. The confiscation of products, the mark of which shall be found contrary to the provisions of Articles 7 and 8, may, even in the case of acquittal, be pronounced by the tribunal, as well as that of instruments and utensils which have especially served to commit the offense. The tribunal may order that the confiscated products be turned over to the proprietor of the mark counterfeited or fraudulently affixed or imitated, independently of more ample damages, if there be such. In every case it will order the destruction of the marks found to be contrary to the provisions of Articles 7 and 8. ART. 15. In the case provided for by the first two paragraphs of Article 9, the tribunal will always prescribe that the marking declared obligator} 7 be affixed upon the products which are subject to them. FRANCE. 151 The tribunal may pronounce the confiscation of products, if the accused has incurred, within the previous five years, a sentence for one of the offenses provided for in the first two paragraphs of Article 0. Title 4- Jurisdiction. ART. 16. Civil actions relating to marks are brought before the civil tribunals and judged as summary matters. In case of action commenced by the correctional way, if the ac- cused raises for his defense questions relative to the ownership of the mark, the police court shall rule on the exception. ART. 17. The proprietor of a mark may make, proceeding through any marshal, a detailed description, with or without seizure, of the products which he contends to be marked to his prejudice in contra- vention of the provisions of the present law, by virtue of an ordinance of the president of the civil tribunal of the first instance or of the justice of the peace of the district in default of a tribunal, in the place where are found the products to be described or seized. The ordinance is granted on a simple request and on the presenta- tion of the official report proving the deposit of the mark. It con- tains, if there be any, the nomination of an expert in order to aid the marshal in his description. Where seizure is required the judge may require from the appli- cant security which he is required to deposit before proceeding to make the seizure. Copy of the ordinance and of the act proving the deposit of the security, if such be the case, is left with the holders of the objects described or seized ; all this under penalty of nullity and of indemnity against the marshal. ART. 18. In default of action by the applicant, be it by the civil way, or be it by the correctional way, within a delay of 15 days, besides one day for every 5 myriametres of distance between the place where the objects described or seized are found and the domicile of the party against whom the action is to be directed, the description or seizure is null of full right, without prejudice to the damages which may be claimed by the injured party if there be such. Title 5. General and transitory provisions. ART. 19. All foreign products bearing, be it' the mark, be it the name of a manufacturer resident in France, be it the indication of the name or of the place of a French factory, are prohibited entrance and excluded from transit and from storage, and may be seized at whatever place they may be, be it at the suit of the customs house authorities, be it at the request of the public ministry or of the injured party. 152 PRANCE. In the case where seizure is made at the suit of the customs house authorities, the official report of seizure is immediately addressed to the public ministry. The delay in which the action provided for by Article 18 must bo institued under penalty of nullity of the seizure, be it by the injured party, or be it by the public ministry, is extended to two months. The provisions of Article 14 are applicable to products seized by virtue of the present article. ART. 20. All the provisions of the present law are applicable to wines, brandies, and other drinks, to cattle, grains, flour, and gener- ally to all products of agriculture. ART. 21. Every deposit of a mark made with the clerk of the tribunal of commerce previous to the present law will have effect for 15 years, to date from the period when said law shall be operative. ART. 22. The present law shall only be operative six months after its promulgation. Regulations of the public administration shall determine the formalities required for the deposit and the publicity of marks, and all the other measures necessary for the execution of the law. ART. 23. This is not derogatory to previous enactments which are not contrary to the present law. AMENDMENT OF MAY 3, 1890. Law for the modification of Article 2 of the law of June 23, 1857, concerning marks of trade and commerce. The Senate and the Chamber of Deputies have adopted, The president of the Republic promulgates the laws of the tenor following : Sole article. Article 2 of the law of June 23, 1857, on marks of trade and of commerce is modified as follows : No one shall be entitled to claim the exclusive property of a mark unless he has deposited it with the clerk of the tribunal of commerce of his domicile ( 1 ) Three specimens of the print of the mark. (2) An electrotype of the mark. In case of the deposit of several marks belonging to the same per- son, it is only necessary to make out one official report, but there must be filed as many specimens of the prints in triplicate and as many electrotypes as there are distinct marks. One of the specimens deposited shall be sent to the depositor vested with the indorsement of the clerk, and bearing the indication of the day and hour of deposit. The dimensions of the electrotypes must not exceed 12 centimeters (O ; 12) on a side. FRANCE. 153 The electrotypes will be returned to the party interested, after the official publication of the marks by the department of commerce, of industry, and of the colonies. The present law, considered and adopted by the Senate and by the Chamber of Deputies, shall be executed as the law of the State. (Signed) CARNOT, The Ministry of Commerce, of Industry, and of the Colonies. (Signed) JULES ROCHE. DESIGNS AND MODELS LAW or JULY 14, 1909. [Translation.] ARTICLE 1. Every author of a design or model and his assigns. have the exclusive right to exploit, sell or cause to be sold his design or model, under the conditions prescribed by this present law, with- out prejudice to the rights which they may have under other legal provisions and notably under the law of July 19-24, 1793, modified by the law of March 11, 1902. ART. 2. The present law r is applicable to every new design, to every new plastic form, to every industrial object which is differentiated from similar objects either by .a distinct and recognizable configura- tion conferring upon it a character of novelty, or by one or more exterior effects giving it a particular and new appearance. But if the same effect can be at once considered a new design or model and a patentable invention, and if the elements constituting the novelty of the design or model are inseparable from those of the invention, the said object may only be protected under the law of July 5, 1844. ART. 3. Only those designs or models regularly registered shall enjoy the benefits of this law r . The property in a design or model belongs to him who has created it or to his assigns; but the first registrant of the said design or model is presumed, until proof is made to the contrary, to be the author. The publicity given to a design or model, prior to its registration^ by placing it on sale or by any other means, does not entail the for- feiture of the propert}^ right, or of the special protection granted by the present law. ART. 4. Decrees special to certain industries may prescribe the measures necessary to permit manufacturers to prove their priority of employment of a design or model, notably by the keeping of pri- vate registers submitted to the administrative stamp. ART. 5. Registration is effected, under penalty of nullity, at the office of the council of prud'hommes, or in default of the council of prud'hommes, at the office of the clerk of the commercial court of the locality where the registrant is domiciled. 154 FKANCE. When the domicile of the registrant is situated outside of France the registration is effected, under penalty of nullity, ait the office of the council of prud'hommes of the Department of the Seine. The declaration of each registration is transcribed upon the regis- ter with the date, hour of registration, and a serial number; a cer- tificate of registration reciting these particulars is sent to the reg- istrant. The deposit consists of, under penalty of nullity, two identical copies of a specimen or representation of the object claimed, with an explanatory memorandum, if the registrant believes same necessary, the whole contained in a box hermetically sealed and upon which are placed the seal and signature of the registrant, and also the seal and vise of the secretary or court clerk, in such a manner that it can not be opened without making these certifications disappear. The same deposit may include from 1 to 100 designs or models, which should be numbered consecutively. Designs or models not numbered, or bearing duplicate numbers or numbers above 100 shall not be con- sidered as validly registered in respect of this present law. ART. 6. The box deposited may remain at the secretariate or at the office of the clerk of the court during a maximum period of five years; as long as it is left there the deposit of the objects which it contains remains secret. The registrant and his assigns can always, from the beginning and during the course of the said period, require the publicity of the deposit, either in regard to all the objects contained in the box or only in regard to one or more of them. The registrant, or his assigns, when they wish to oppose the regis- tration by a third party, should require the opening of the sealed box, extracting the article or articles in regard to which they intend to institute judicial proceedings, and demand the publicity of the registration in connection with said objects. When the publicity of the registration of a design or model is required by the registrant or his assigns, the box deposited is sent to the national office, which proceeds to open the said box, removes the two copies of the design or model, proves the identity of the two copies, has reproduced by a photographic process that one of the two which is intended to be delivered to the courts, if there is reason to do so, while the other copy remains at the office, where it shall be delivered under the conditions laid down by the regulation provided in Article 15 below. The other objects contained in the box, and for which publicity is not required, shall be sent back under seal, closed, with certification in proof. A proof of the reproduction of the design or model made public, with a copy of the description and the necessary explanations for FRANCE. 155 completing the said reproduction, is placed at the disposition of the public at the national office. Proofs, also bearing a copy of the explanatory notes and of the declaration of the registration, shall be delivered, upon payment of a fee, to the registrant who makes a request therefor, or to his assigns; also to any party engaged in a legal dispute relative to the design or model. ART. 7. The total duration of the protection granted by the present law to a registered design or model is, under the reserve and the conditions hereafter indicated, 50 years, counting from the date of the registration. At the expiration of the first five-year period, during which the deposit may remain at the secretariate or at the office of the clerk of the court, the box containing under seal the objects for the registra- tion of which publicity has not, before this term, been required, is restored to the applicant upon his request. If he wishes to maintain his registration, either in regard to all the objects contained in the box, or only in regard to one or more of them, the registrant must, before the expiration of the said five years, require the maintenance of this registration, either with the publicity provided for in paragraph 4 of Article 6, or under the secret form, for each of the said objects. The sealed box is sent to the national office, which proceeds to open it, and extracts therefrom the objects for which the maintenance of registration has been applied for ; it gives to each of them for which -it has been required the publicity provided for in paragraphs 4 and G of Article 6, places under a closed and sealed envelope with a certification in proof the two copies of each of them for which the maintenance of the secret has been required, and leaves the other objects in the box newly closed and sealed, as is prescribed in para- graph 5 of Article 6, with a view to the restitution which may be claimed by virtue of paragraph 2 of the present article. The registration thus maintained at the national office, whether with publicity or under cover, expires 25 years after the date of its registration at the secretariate or at the office of the clerk of the court, if before the expiration of the said term the registrant has not applied for its prolongation for a new period of 25 years. At the commencement of this new period the deposit kept, under secret form, at the national office receives, in charge of the latter, the publicity provided for in paragraphs 4 and 6 of Article 6, if it has not already been applied for during the course of the second period. ART. 8. At the time when the registrations are effected there is paid to the secretariate of the council or to the clerk of the court an indemnity of 3 francs 95 for the registration, plus 5 centimes for the object deposited. There are included in the said indemnity the 156 FRANCE. allowance provided for by Article 58 of the law of March 29, 1907. and the cost of the stamp. When, either during or at the end of the first period, the publicity of the registration is required, a fee of 30 francs is to be paid for each of the objects which, upon request by the registrant, are with- drawn from the sealed box, -and preserved, publicly, by the national office, in accordance with the provisions of paragraph 4 of Article 6; there is a fee of 5 francs for each of the objects which the office, upon the request of the registrant, retains in deposit under the secret form. The prolongation of a registration, at the expiration of the first 25 years, is subject to the payment of a new fee, the amount of which is 50 francs, for each of the objects which remain protected if the registration has been rendered public, and 75 francs if up to that time it has remained secret. ART. 9. When the publicity of a registration or its maintenance, with or without publicity, has not been applied for before the pre- scribed term of five years and when at the expiration of this term the sealed box has not been claimed, the seals are broken and the objects contained in the box are transmitted to the establishments which are, for this purpose, designated by decree. There are also sent to the said establishments, after 25 years, the objects for which no prolongation of the registration has been re- quested ; after 50 years, those the registration of which has been pro- longed. The objects which the establishments above indicated judge worthy of preservation shall be exhibited or communicated to the public; on each of them shall be mentioned the name, first name, title and domicile of the registrant, as well as the date of the registration. Inscriptions shall indicate to the public that these particulars are given to interested parties to invite them and to aid them to ascer- tain if the exclusive right of reproducing such of these objects as constitute designs or sculpture, in the purely technical sense of these words, is still guaranteed by the law of July 19-24, 1793, modified by the law of March 11, 1902. ART. 10. Every offense knowingly committed against the rights guaranteed by this law is punished by a fine of from 25 to 2,000 francs. In case of a repetition of the offense, or if the offender is a person having worked for the injured party, there is, in addition, a sentence of imprisonment of from one month to six months. There is a repetition of the offense when a first sentence has been pronounced against the accused for one of the offenses named in the present law within the five years preceding. The guilty parties may, in addition, be deprived, during a period which shall not exceed five years, of the right of suffrage and of FRANCE. 157 eligibility for the courts and chambers of commerce, also for the council of prud'hommes. ART. 11. Acts prior to the registration do not furnish grounds for any action based upon this law. Acts subsequent to the registration, but prior to its publicity, do not furnish any ground of action, even civil, except the charge by the party injured establishing the bad faith of the accused. No action, penal or civil, can be brought by virtue of the same article before the registration has been rendered public. When the acts are subsequent to the publicity of the registration, their authors can plead their good faith as a defense, but only upon condition of producing the proof of same. Confiscation for the benefit of the injured party of the articles offending against the rights guaranteed by the present law is pro- nounced even in case of acquittal. The court, in case of a sentence of guilty, may, in addition, order, the confiscation of the instruments having specially served for the manufacture of the articles offending. ART. 12. Upon a simple request, and upon producing the certificate of registration and a receipt for the fees prescribed in Article 8, and by virtue of an order issued by the president of the civil court of the locality where the operations have taken place, the injured party may cause any court officer to make a detailed description, with or without seizure, of the infringing articles or instruments. The president has the authority to authorize the petitioner to call for the assistance of a police officer or of the justice of the peace of the canton, and to require security- of the petitioner, which he is obliged to pay before proceeding to the, operation; this security is always required of a foreigner who makes a demand for seizure. A copy of the order and the document proving the deposit of se- curity is left with the persons in whose possession are the articles described, under penalty of nullity and of damages against the court officer. Upon failure of the petitioner to bring suit, either civil or criminal, within the term of 15 days, besides one day per 5 myriametres of the distance between the place where are found the articles listed or seized and the domicile of the prosecuting party, the description or seizure is null under the common law, without prejudice to the right of damages. ART. 13. The benefit of the present law applies to those designs and models the authors of which or their assigns are French or domiciled in France, or have, in France, industrial or commercial establish- ments, or are by their nationalities, their domiciles, or their indus- trial or commercial establishments, inhabitants of a State which 158 FRANCE. guarantees reciprocity, by its interior legislation or its diplomatic conventions, to French designs and models. ART. 14. The present law shall enter into force six months after its promulgation. From that date on, prior registrations which are still valid after thet legislation which precedes, shall be subject to the provisions of the present law ; registrations in perpetuity shall cease to be valid 50 years after its entry into force; registrations effected for five years or less may be renewed under the provisions prescribed by the pres- ent law, before the expiration of the term for which they have been effected. Registrants and their assigns shall have the power to demand either the restitution or the opening, and publicity of their prior registrations, under the conditions prescribed in paragraphs 2 and 3 of Article 7, with authority to have drawn up a duplicate of the registration. ART. 15. Regulations of public administration shall prescribe the material, the dimensions, the weight, the method of closing the box to be deposited, the form of the declaration, the conditions for the opening and publicity of the deposit, the conditions under which shall be effected the restitution to the registrant after the first period, delivery of the copy intended for the courts, and its reurn to the na- tional office, the fee in connection with the provisional measures prescribed by paragraph 3 of Article 11, and all other provisions nec- essary to the execution of the present law. . The fees prescribed by 'the present law, with the exception of the indemnity mentioned in paragraph 1 of Article 8, shall be collected by the Conservatoire National des Arts et Metiers for the benefit of the national office of industrial property. ART. 16. Regulations of public administration shall determine the conditions under which the present law shall be applicable to Algeria and to the colonies. ART. 17. Articles 15 to 19 of the law of March 18, 1806, and all other provisions relative to designs and trade models and conflicting with the present law are repealed. The present law, discussed and adopted by the Senate and by the Chamber of Deputies, shall be executed as the law of the State. Done at Paris, July 14, 1909. (Signed) A. FALLIERES. FRANCE. 159 FRANCE WAR LEGISLATION. PATENTS APPLICATIONS TAXES WORKING MORATORIUM- DECREE EFFECTIVE AUGUST 1, 1914. [Decree of Aug. 14, suspending from Aug. 1, 1914, to a date that shall be fixed by decree on the cessation of hostilities, in particular the legal delays for paying annuities, for the working of patents and for the payment of the fee which is required to be paid on filing an application for letters patent.] The President of the Republic of France, on the report of the President of the Board of Trade, the Postmaster General, the Keeper of the Seal, Minister of Justice and of the Chancellor of the Ex- chequer, considering the law of August 5, 1914, and, particularly Article 2, which reads thus : " During the continuance of the mobilization and until the cessa- tion of hostilities, the Government is empowered to take, in view of the general interests, by decree in ministerial council, every neces- sary measure to facilitate the execution or suspend the effects of com- mercial or civil obligations, to suspend all prescriptions or limita- tions in civil, commercial, or administrative matters, all delays granted for challenging, notifying or executing the judicial decisions of the law or administrative courts; " The suspension of the prescriptions or limitations may apply to * * * and generally speaking to any act, which, according to law, must be accomplished within a given time." The Cabinet Council, having been heard, decrees : ARTICLE 1. From August 1, 1914, inclusive, and until a date that shall be fixed by a decree on the cessation of hostilities, are sus- pended the legal delays in which the owners of letters patent must, on pain of forfeiting all their titles, pay the annual taxes on their patents. The same suspension is applicable to the payment that has to be made at the time of any application for a patent or patent of addi- tion. ART. 2. Are also suspended during the same period the delays pro- vided for by the acts referred to above, either for the working in France of the patented invention, or for the cessation of said work- ing, the owner of the letters patent having, in neither case, to bring forward any justification to enjoy said suspension. The foregoing stipulations are not applicable to the patentees who might have incurred, before August 1, 1914, the forfeiture provided for by the laws in force. ART. 3. From August 1, inclusive, and until a date that shall be fixed conformably to Article 1 of the present decree, are suspended : (1) The delays granted to the owners of guarantee certificates is- sued, on the occasion of exhibitions organized in France with the authorization of the administration or with its patronage, to claim 9316919 11 160 FEANCE. the protection which their discoveries, drawings, designs, or trade- marks are legally entitled to. (2) The delay during which the applicant for a drawing or de- sign is at liberty to demand the continuance of his application, either with publicity or secrecy. ART. 4. The present decree is applicable to Algeria. ART. 5. The present decree shall receive immediate execution in virtue of Article 2 of the decree of November 5, 1870. ART. 6. The President of the Board of Trade, the Postmaster Gen- eral, the Keeper of the Seal, Minister of Justice, and the Chancellor of the Exchequer are intrusted, respectively, with the execution of the present decree which shall be published in the Journal Officiel and inserted in the Bulletin des Lois (Official Law Eeports). Paris, August 14, 1914. (Signed) R. POTNCARE. TRADE WITH ALIEN ENEMY PROHIBITED DECREE or SEPT. 27, 1914. [Translation.] [Decree of Sept. 27, 1914, relative to the prohibition of commercial relations with Ger- many and Austria-Hungary.] The President of the French Republic, on the report of the Presi- dent of the Council, of the Ministers of Commerce, Industry, Posts and Telegraphs, Justice, the Interior, Foreign Affairs, Finances, and Colonies ; in view of the law of August 5, 1914 ; the Council of Minis- ters agreed, decrees : ARTICLE 1. On account of the state of war and in the interest of the national defense, all commerce with the subjects of the Empires of Germany and of Austria-Hungary or with persons residing there- in is, and remains, prohibited. Moreover, subjects of the said Empires are prohibited from en- gaging directly, or -through an intermediate person, in any com- merce on French territory or on territory of a French protectorate. ART. 2. Any act or contract made either in French territory or in territory of a French protectorate by any person, or anywhere by French or French proteges, with subjects of the Empires of Germany and of Austria-Hungary or with persons residing therein, is null and void as contrary to public policy. The nullity decreed in the preceding paragraph has as a time of beginning the date of August 4, for Germany, and that of August 13, 1914, for Austria-Hungary ; it shall have effect during the whole duration of hostilities and up to a date that will later be fixed by decree. FRANCE. 161 ART. 3. During the same time, the execution to the profit of sub- jects of the German or Austro-Hungarian Empires, or of persons residing therein, of pecuniary or other obligations resulting from any act or contract done either in French territory or in the territory of a French protectorate by any person, or anywhere by French citi- zens or French proteges, prior to the dates fixed in paragraph 2 of Article 2, is prohibited and declared null as contrary to public policy. When the act or contract referred to in the preceding paragraph shall not have received at the date of the present decree any com- mencement of execution in the form of delivery of merchandise or of pecuniary payment, its annulment may be pronounced by ordinance issued on request by the President of the Civil Tribunal. French citizens, French proteges, and the natives of allied and neutral coun- tries shall be the only ones permitted to present this request. ART. 4. The dispositions of Articles 2 and 3 of the present decree are applicable even in the case where the act or contract shall have been made by an intermediate person. ART. 5. There shall be special decrees issued regarding patents of invention and trade-marks in which the subjects of the German and Austro-Hungarian Empires are interested and regarding the life and employment-accident insurance companies having their place of business in those two countries. ART. 6. The disposition of the present decree shall be submitted to the ratification of the Chambers. ART. 7. The President of the Council, the Ministers of Commerce, Industry, Posts and Telegraphs, Justice, Interior, Foreign Affairs, Finances, and Colonies, are charged, each in that that concerns him, with the execution of the present decree which shall be published in the Journal Officiel and inserted in the Bulletin des Lois. Done at Bordeaux, September 27, 1914. (Signed) E. POINCARE. INDUSTRIAL PROPERTY FEES DECREE OF SEPT. 27, 1914. INTERPRETATION. Regarding the Decree of September 27, 1914 (for translation see 13 P. & T. M. Rev., 36 Ed.) the following advices appear in 209 Official Gazette 1318 : PAYMENT OF FEES AND TAXES IN THE MATTEB OF INDUSTRIAL PROPERTY. The French Patent Office informs us that all payments of fees or taxes on patents are accepted in France whatever may be the nationality or domicile of the holder of the patent, and furthermore that it does not appear that the decree of September 27, 1914, could be interpreted as eventually prohibiting the pay- ment in hostile countries of fees or taxes upon industrial property. 162 FRANCE. [Notification from French Government to La Proprit6 Industrielle published Nov. 30. 1914.] The French Administration informs us that all payments of taxes on patents are accepted in France irrespective of the nationality or the domicile of the owner of the patent, and that furthermore it- would not appear that the decree of September 27, 1914, is to be inter- preted as forbidding the payment, if desired, in enemy countries, of taxes relating to industrial property. INDUSTRIAL PROPERTY WAR MEASURES LAW EFFECTIVE MAY 30, 1915. ARTICLE 1. By reason of the state of war and in the interest of the national defense, the working in France of any patented invention or the use of any trade-mark by subjects or dependents of the Ger- man and Austro-Hungarian Empires, or by any other person for the account of the above mentioned subjects or dependents, shall be and is prohibited. This prohibition becomes effective as of August 4 for Germany and August 13 for Austria; it shall be effective during the whole dura- tion of hostilities and until a date that shall later be fixed by decree. ART. 2. The allowance of patents and grants of licenses, as well as assignments of trade-marks, regularly made by subjects or depend- ents of the German and Austro-Hungarian Empires, French proteges and dependents of the allied or neutral countries, shall be of full effect on condition that the assignments have acquired a cer- tain date prior to the declaration of the state of war, or if it be duly proven that the grants of licenses and assignments of trade-marks have been actually effected before said declaration. However, the execution, to the profit of subjects or dependents of the German and Austro-Hungarian Empires, of pecuniary obliga- tions resulting from these assignments of patent, grants of license, or transfers of mark, is prohibited during the period noted in Article 1, and declared null, as contrary to public order. ART. 3. If any of the patented inventions, whereof the working is prohibited under the terms of Article 1, presents a public interest or is recognized as useful for the national defense, its exploitation may be, totally or partially and for a fixed time, according to the condi- tions and forms prescribed in Article 4 following, either reserved to the State, or granted to one or several persons of French nationality or French proteges or subjects of the allied or neutral countries that shall be in position to carry on this exploitation. ART. 4. The exploitation by the State of the patented invention is delegated to the competent public service by order agreed to between the Minister of Commerce, Industry, Posts and Telegraphs, the Minis- ter of Finances, and the Minister interested. FBANCE. 163 The exploitation by individuals is granted by decree on the sug- gestion of the Minister of Commerce, Industry, Posts and Telegraphs, according to the clauses and conditions of the table of rules hereto annexed. The decrees and orders can not be issued until after corresponding agreement by a commission composed as follows : One Counselor of State ; Two representatives of the Ministry of Commerce, Industry, Posts and Telegraphs ; One representative of the Ministry of Justice ; One representative of the Ministry of War ; One representative of the Ministry of the Navy ; One representative of the Ministry of Foreign Aif airs ; Four members chosen from among the members of the Consultation Committee of Arts and Manufactures, of the Technical Commission of the National Office of Industrial Property, of the Tribunal of Com- merce of the Seine and of the Chamber of Commerce of Paris ; Four members representing the professional, patronal and labor syndicates. The Director of the National Office of Industrial Property fulfills the functions of General Director, with a deciding voice. Technical Directors may be added to the Commission by Ministerial order, with a consultative voice. The transfer of the concession to a third party is void and of no effect, if it has not been authorized in the form above prescribed. ART. 5. The provisions of the decree of August 14, 1914, suspend- ing from August 1 the terms in matters of patents of inventions and designs and models shall be of benefit to the subjects and depend- ents of foreign countries only so far as these countries have granted or shall grant, through reciprocity, equivalent advantages to the French and to French proteges. ART. 6. The French or French proteges may, in an enemy country, either directly or by attorney, the same as the subjects or dependents of enemy countries in France, under condition of full reciprocity, fulfill all formalities and execute all obligations with the purpose of preserving or obtaining industrial property rights. However, until it shall be otherwise ordered, the delivery of patents of invention and certificates of addition whereof the appli- cation shall have been effected in France by subjects or dependents of the German Empire, counting from August 4, 1914, or by subjects or dependents of the Austro-Hungarian Empire, counting from August 13. 1914, shall be suspended. ART. 7. The terms of priority provided by Article 4, modified, of the Convention of the International Union of 1883 are suspended dat- 164 FBANCE. ing from August 1, 1914, for the duration of hostilities and until dates that shall be fixed later by decree. The benefit of this suspension may be claimed only by subjects of the Union whose country has granted or shall grant the same favor to the French and to French proteges. ART. 8. Subjects of the German and Austro-Hungarian Empires may, either by reason of their origin or of their family ties, or by > reason of services that they have rendered to France, be excepted from the application of the provisions of the present law. A decree shall determine the conditions of this exception, which shall be proclaimed by ordinance of the civil tribunal rendered on request of the Public Minister. ART. 9. The provisions of the present law shall be applicable to Algiers and to the colonies of Reunion, Guadaloupe, and Martinique. It shall become valid by special decree in whatever concerns the other colonies and the countries under protection. FRANCE UNITED STATES. PATENTS WORKING SUSPENSION OF TERMS RECIPROCITY OFFI- CIAL INTERPRETATION. 1 [Translation.] The International Bureau, for the enlightment of inquirers, made inquiry of the French Administration of Industrial Property (Query No. 139) as to whether, "the legislation of the United States, not recognizing the obligation to work patented inventions, it might be admitted that American citizens that possess patents in France could avail themselves, notwithstanding, of the suspension of working terms provided by decree of August 14, 1914." 2 The reply of the French Administration (La Propriete Industri- elle, August, 1915), translated, is as follows: "The interpretation of laws and decrees pertains in France ex- clusively to the courts. However, for countries such as the United States, where legislation imposes no obligation to work patents of invention, it would not appear doubtful that the condition of reci- procity, required by the laws of May 27, 1915, 3 is naturally found fulfilled without there being need of any special act, and consequently, citizens of the United States shall ipso facto continue to benefit in France by the suspension of working terms provided by the decree of August 14, 1914." ! See also 13 P. & T. M. Rev., 268. a For translation of this decree see 13 P. & T. M. Rev., 296. 3 For translation of this decree see 12 P. & T. M. Rev.. 357. FRANCE. 165 FRANCE. PATENTS OF INTEREST TO NATIONAL DEFENSE " WAR MEASURES " LAW OF APRIL 12, 1916. [Translation.] [Law relative to inventions of interest to the national defense.] The Senate and the Chamber of Deputies have adopted, The President of the Republic promulgates the law whereof the text follows: ARTICLE 1. In modification of the provisions of the first article of the law of July 5, 1844, the Ministers of War and Navy may be authorized by decree, on condition of an adequate indemnity, to pay to inventors or to their assignees, grantees, or exclusive licencees; to expropriate or have exploited, either in the workshops of the State, (or) in private industrial shops, inventions of interest to the national defense, being the subject of patent applications or of patents granted. The Ministers of War and Navy, as well as the Minister of Public Instruction, of Fine Arts, and of Inventions of Interest- to the Na- tional Defense, are, for this purpose, authorized to have inquiry made at the National Office of Industrial Property concerning all patent applications filed. The decree shall involve, according to the case, the absolute and final expropriation, or the partial or temporary dispossession of the exclusive right of exploitation of the invention reserved to the in- ventor. It shall be issued after due notice by a commission named by decree and composed of a Counsellor of State, President, a repre- sentative of the Ministry of Commerce and Industry, a representative of the Ministry of War, a representative of the Ministry of Navy, and a representative of the Ministry of Public Instruction, of Fine Arts and of Inventions of Interest to the National Defense, the last three having but a single vote. If it is a matter of an invention for which the patent has not yet been delivered, the decree may determine that it shall be suspended on delivery and on publication thereof; The indemnity to be paid to the inventor shall be fixed by private agreement, or, if there be disagreement, by three arbiters, named, one by the Ministry or Ministers interested, another by the inventor, and the third by the two others, or, in default of agreement, by the First President of the Court of Appeals of Paris. The first two arbiters shall be named within the month that succeeds the notifica- tion of the decree to the inventor; on failure of agreement between the arbiters in the designation of the third arbiter, the First President shall be appealed to by the more diligent party for the purpose of making a nomination. 166 FBANCE. The arbiters must render their decision within the term of two months counting from the constitution of the arbitral tribunal. The arbitral tribunal shall decide without appeal as to the amount of indemnity to be allowed to the inventor and upon the methods of payment ; its decision shall not be susceptible of appeal except to the Court of Cassation on the ground of deficient formalities. The ex- penses of arbitration shall be borne by the State. ART. 2. By reason of the state of war, when the publication of an invention wherefor a patent application has been filed is susceptible of presenting dangers or inconveniences for the national defense, a decision of the Minister of Commerce and Industry, made on the recommendation of the Commission provided for in the foregoing article, may prohibit any disclosure or exploitation of the said invention. This decision is notified to the inventor or to his attorney within the term of two months counting from the filing of the patent appli- cation, and, for all applications under consideration, within a term of three months counting from the promulgation of the present law. The delivery, as well as the official publication of the patent and of the specification of the invention, shall remain, the matter being com- pleted, provisionally suspended. No official copy of the documents filed accompanying the patent application shall be delivered in the future, unless validly accepted reasons be furnished concerning the destination of the copy applied for. ART. 3. Ever} 7 Frenchman or foreigner admitted to domicile is prohibited from filing abroad, either directly or through attorney, any patent application being the subject of the provisions of Articles 1 and 2. The same persons are likewise prohibited from depositing abroad any patent application for any invention pertaining to the navy or to navigation, aerostation or aviation, armament, artillery, or mili- tary engineering, telegraphy or telephony, powders or explosives, asphyxiating and Inflammable materials, and generally to any object susceptible of interesting the army or navy, as well as disclosing or exploiting abroad any invention relative to an object of this character. However, a French or foreign inventor may, through special de- cision of the Minister of Commerce, on the recommendation of the Commission provided in the preceding articles, be authorized to file in an allied or neutral country a patent application concerning an invention contemplated in the present law, and, the case allowed, to there exploit the said invention. The decision shall be made within a term that shall not exceed three months counting from the applica- tion to this effect presented at the National Office of Industrial Prop- erty. FRANCE. 167 ART. 4. Every breach of the provisions of the present law shall be punishable by the penalties provided in Article 2 of the law of April 18, 1886, concerning espionage, whether it has been committed in France or abroad. ART. 5. The present law shall remain applicable for the duration of the war and until a date that shall be fixed by decree on the cessa- tion of hostilities. The present law, deliberated and adopted by the Senate and the Chamber of Deputies, shall be executed as a law of the State. Done at Paris, April 12, 1916. (Signed) R. POINCARE. (Signatures of Ministers.) (From Journal Officiel de la Republique Frangaise, Apr. 14, 1916.) GERMANY. LLaw of the 7th of April, 1891.] We, William, by the Grace of God, German Emperor, King of Prussia, etc., ordain, in the name of the Empire, and with the con- sent of the Federal Council and Imperial Parliament, as follows : ARTICLE I. In place of sections 1 to 40 of the Patent Law of the 25th of May, 1877 (Imperial Gazette, p. 501), the following enact- ments are substituted : FIRST SECTION. PATENT LAW. SECTION 1. Patents are granted for new inventions which allow of industrial application. Excepted are: (1) Inventions the application of which is contrary to the laws or public morals. (2) Inventions relating to articles of food, whether for nourish- ment or for enjoyment, and medicines, as also substances prepared by chemical processes in so far as the inventions do not relate to a definite process for the preparation thereof. SEC. 2. An invention is not considered new if at the time of apply- ing for a patent under this law it have already been described in printed publications of the last hundred years in such manner or have been so publicly used within the realm, that its use by other experts appears possible. The foreign official publication of the specifications shall only be considered as printed publications after the end of three months from the date of issue, if the patent be applied for by the person who has applied for the patent abroad, or by his legal representative. This concession, however, only extends to the patent specifications of those States in which, according to a publication in the Imperial Gazette, reciprocity is guaranteed. SEC. 3. The person who first applies for a patent in accordance with this law is entitled to the grant of the patent. A later applica- tion shall not give a right to a patent if the invention form the sub- ject of the patent of the prior applicant. If this supposition be partially a fact, the later applicant has the right only to a patent of corresponding limitation. An applicant has no right to the grant of the patent if the essen- tial parts of his application have been taken from the descriptions, drawings, models, apparatus, or arrangements of another, or from 168 GEEMANY. 169 a process used by him, without his consent, and if the latter enter an opposition on this ground. If the opposition result in the with- drawal or refusal of the application, the opponent may, if he him- self apply for a patent for the invention within a month from the date of the decision relating thereto, demand that his application be dated as of the day previous to the publication of the prior application. SEC. 4. The patent has the effect that the owner thereof has the exclusive right of manufacturing the object of the invention indus- trially, bringing it into use, vending or using the same. If the patent be for a process, the right extends to the products directly manufactured by the process. SEC. 5. The patent is of no effect against a person who, at the time of the application, has already used the invention within the realm, or made the necessary arrangements for using the same. Such person has the right to use the invention for the requirements of his. own business in his own works or the works of others. This right can only be inherited or disposed of together with the said business. The patent has furthermore no effect in so far as according to the decisions of the Imperial Chancellor the invention is to be used for the Army, the Navy, or otherwise in the interests of the public wel- fare. The owner of the patent has, however, in this case a claim against the Empire or the particular State which has desired the limitation of the patent in its special interests, for adequate com- pensation, to be settled in a court of law if no arrangement can be come to. The patent right does not extend to vessels or vehicles which are present in the realm only temporarily. SEC. 6. The claim to the grant of the patent and the rights arising from the patent pass to the heirs. The claim to the grant of a patent and the patent right may be transferred to others in a restricted or mi restricted manner by agreement, or by testamentary disposition in the case of death. SEC. 7. The duration of the patent is fifteen years; this term com- mences with the day following the application for the patent. If an invention relate fcPEHe improvement or further development of an invention protected by a patent in favor of the applicant, he may apply for a patent of addition, which terminates with the patent for the older invention. If, in consequence of the declaration of nullity of the principal patent, a patent of addition become an independent patent, its dura- tion and the date on which the taxes are due is determined by the day of commencement of the principal patent. The date of commence- ment of the patent of addition determines the annual amount of the taxes. In this case the first patent year is taken to be the interval of 170 GEKMANY. time between the day of application for the patent of addition and the next following anniversay of the commencement of the principal patent. SEC. 8. For every patent a tax of thirty marks must be paid before the grant (sec. 24, clause 1). With the exception of patents of addition (sec. 7) there shall, in addition, be paid on account of the patent, at the commencement of the second and every following year of its duration, a tax amounting to fifty marks for the first year and increasing by fifty marks every subsequent year. This tax (clause 2) shall be paid within six weeks from the date on which it falls due. After the expiration of that time the payment can be made within six further weeks only on payment of an addi- tional tax of ten marks. The owner of a patent who proves his want of means may obtain the postponement of the payment of the taxes for the first and second year of the duration of the patent until the third year, and if the patent expire at the third year, the said taxes may be entirely re- mitted. The payment of the taxes may be effected before they fall due. If the patent be abandoned, or revoked, or declared null and void, the prepaid taxes which are not due shall be refunded. By a decree of the Federal Council the taxes may be reduced. SEC. 9. The patent expires if the owner thereof relinquish it, or if the taxes be not paid within the prescribed time at the Patent Office or at a post office within the German Empire. SEC. 10. The patent is declared null if it be proved : (1) That the subject matter was not patentable in accordance with sections 1 and 2; (2) That the invention forms the subject of the patent of a prior applicant; (3) That the essential part of the subject matter has been taken from the description, drawings, models, implements or arrange- ments of another person, or from a process used by him, without his consent. If any one of these suppositions (1 to 3) be only partially proved, the action for declaration of nullity shall have the effect of limiting the patent to a corresponding extent. SEC. 11. // the owner of a patent refuse to another person permis- sion to use the invention after an offer to pay reasonable compensation and to give security for such payment, and if it be to the public interest that such permission should be granted, right to use the in- vention (compulsory license} shall be granted to- such person. The right may be granted with restrictions and may be made dependent upon conditions. GERMANY. 171 Provided no International Convention forbid, the patent may be withdrawn if the invention be worked exclusively or mainly outside the German Empire or Protectorates. The transfer of the patent to another person shall be inoperative if made merely for the purpose of evading the withdrawal. No decision under paragraphs 1 and 2 shall be given against the owner of the patent before the expiration of three years from the publication of the grant of the patent. [NOTE. The words in italic were substituted by Article I of the law of the 6th of June, 1911.] [Law of tho 6th of June, 1911.] ******* ART. II. The provisions of the patent law respecting the revoca- tion of a patent shall apply to the procedure and the decision relating to the grant of a compulsory license. ******* ART. IV. This law shall come into force on the 1st day of July, 1911. SEC. 12. Any person not residing within the realm may claim the grant of a patent, and the right accruing therefrom, only if he have appointed a representative within the realm. The latter is em- powered to represent the applicant in all proceedings under this law, as also in all civil litigation concerning the patent and actions for penalties or damages. The place where the representative re- sides, and in the absence of such a residence, the place where the Patent Office is located shall be taken as the place of jurisdiction, ac- cording to section 24 of the law on civil actions. With the consent of the Federal Council the Imperial Chancellor may decree that a right of retaliation shall be put in force against the citizens of a foreign State. SECOND SECTION. PATENT OFFICE. SEC. 13. The grant, the declaration of nullity, and the revocation of a patent is effected by the Patent Office. The Patent Office has its seat at Berlin. It consists of a president, of members who are qualified for a judicial appointment or for a higher administrative office (legal members), and of members whtf are experts in a branch of technical industry (technical members). The members are appointed by the Emperor, the president being pro- posed by the Federal Council. The appointment of the legal mem- bers, when they hold an appointment in the service of the Empire or State, is made for the term of such appointment, otherwise for life. The appointment of the technical members is made either for 172 GEE-MANY. life or for five years. In the latter case the provisions of section 16 of the law concerning the legal status of imperial officers, of the 31st of March, 1873, do not apply. SEC. 14. In the Patent Office are instituted: (1) Departments for the applications for patents. (2) A department for suits for declaration of nullity or for the revocation of patents. (3) Departments for appeals. In the departments for applications, only those technical members who hold life appointments may act. The technical members of the departments for applications may not act in the other departments, and the technical members of the latter may not act in the depart- ments for applications. To enable decisions to be given in the departments for applications at least three members shall be present, of whom two shall be techni- cal members. The decisions in the departments for revocations and appeals shall be given by two legal and three technical members. For other deci- sions the presence of three members shall be sufficient. The regulations of the civil process law as to the exclusion and re- jection of members of the court apply in this case also. Experts who are not members may be appointed to assist at con- sultations ; they may not take part in decisions. SEC. 15. The decisions of the sections are made in the name of the Patent Office. They shall be accompanied by the grounds, to be set out in writing and to be sent officially to all interested parties. SEC. 16. An appeal may be made against the decisions of the application departments and the annulment department. No mem- ber may take part in the decisions in respect of an appeal who has taken part in the decision appealed against. SEC. 17. The formation of the departments, the determination of their scope of action, the modes of procedure inclusive of the mode of giving notification, and the order of business of the Patent Office shall be determined by Imperial Orders, with the assent of the Fed- eral Council, in so far as they are not determined by the present law. SEC. 18. At the request of the legal tribunals, the Patent Office is bound to give opinions upon questions concerning patents, if contra- dictory opinions of experts be given in a lawsuit. The Patent Office is, however, not otherwise empowered to give decisions or opinions outside its legal sphere of business without the consent of the Imperial Chancellor. SEC. 19. A register or roll shall be kept at the Patent Office, which shall indicate the subject matter and the duration of patents grant- ed, as also the name and place of residence of the proprietors of the patents, and of any representative appointed at the time of applica- GERMANY. 173 tion. The commencement, termination, expiration, declaration of nullity, and the revocation of the patents shall be noted in the regis- ter and at the same time be published in the Imperial Gazette. If a change take place in the ownership of a patent or in his representative, this shall also be noted in the register and published in the Gazette, if positive evidence with regard thereto be supplied to the Patent Office. So long as this has not been done, the original owner of the patent and his original representative shall remain authorized and liable according to this law. The inspection of the register or roll, of the descriptions, draw- ings, models, and samples on the basis of which the patent has been granted, is open to anyone, in so far as it does not relate to a patent taken in the name of the State for the purposes of the Army or Navy. The Patent Office shall publish the essential features of the specifi- cations and drawings, in so far as these are open to the public, by means of an official journal. In the latter shall also appear the noti- fications which shall be published in the Imperial Gazette in accord- ance with this law. . THIRD SECTION PROCEDURE IN PATENT MATTERS. SEC. 20. The application for the grant of a patent shall be made in writing at the Patent Office. For each invention a separate appli- cation is required. The application must contain the demand for the grant of the patent, and must indicate accurately the subject matter which is to be protected by the patent. The application must be ac- companied by a written statement describing the invention in such a manner that the use thereof by others skilled in the art appears pos- sible. At the end of the description must be indicated the features which are to be protected by* patent (claim). The necessary draw- ings, models, and samples must also be delivered. The Patent Office shall issue rules as to other requirements for the application. Until the decision as to the publication of the application, amend- ments of the subject matter shall be allowable. Simultaneously with the application twenty marks shall be paid for the costs of the pro- ceeding. SEC. 21. The application shall be subjected to a preliminary exam- ination by a member of the application department. If in such examination the application do not appear to comply sufficiently with the prescribed rules (sec. 20), the applicant shall be required by a notice to remove the defects within a prescribed time. If the preliminary examination show that no patentable invention exists according to sections 1, 2, and 3, clause 1, the applicant shall 174 GERMANY. be notified thereof, with an indication of the grounds, and with a request to reply within a certain time. If the applicant do not answer the preliminary notification (clauses 2 and 3) within the prescribed time, the application shall be consid- ered as withdrawn; if he reply within the time, the application de- partment shall come to a decision in the matter. SEC. 22. If the application do not comply with the prescribed re- quirements (sec. 20), or if it be found that no patentable invention exists according to sections 1, 2, and 3, clause 1, the application shall be refused by the department. The member who gave the preliminary decision shall not take part in the final decision. If the refusal of the application be based upon circumstances that were not already communicated to the applicant in the preliminary notification, he shall first be afforded the opportunity of making a statement with regard thereto within a certain time. SEC. 23. If the Patent Office consider the application to be in order, and the grant of a patent to be possible, it shall determine on the publication of the application. Upon publication, the legal effects of the patent (sees. 4 and 5) shall provisionally come into force, to the benefit of the inventor, in respect of the subject matter of the invention. The publication shall be effected by publishing once in the Im- perial Gazette the name of the applicant and the essential features of the subject matter contained in his application. The publication shall include a notice that the subject matter of the application is provisionally protected against infringement. At the same time the application, together with all the accompany- ing documents, shall be laid open to public inspection at the Patent Office. The publication may also be effected in other places besides Berlin, according to the provisions of section 17. On the demand of the applicant the publication may be post- poned for a time not exceeding six months reckoned from the date of notification of the publication. The application for postpone- ment for three months may not be refused. In the case of a patent being applied for in the name of the Im- perial Administration, for the purposes of the Army or Navy, the patent may, on demand, be granted without any publication. In this case, moreover, the entry in the patent registry shall not take place. SEC. 24. Within a term of two months after the publication (sec. 23) the first yearly tax (sec. 8, clause 1) must be paid. If the pay- ment be not made within that time the application shall be consid- ered as withdrawn. Within the same term opposition to the grant of the patent may be lodged. The opposition must be made in writing, and must be accompanied by grounds. It may only be based upon the assertion GERMANY. 175 that the subject matter is not patentable according to sections 1 and 2, or that the applicant is not entitled to a patent according to section 3. In the case of section 3, clause 2, the injured person only is entitled to oppose. After the expiration of the term the Patent Office shall decide as to the grant of the patent. The member who has given the prelimi- nary decision (sec. 21) may not take part in this final decision. SEC. 25. At the preliminary examination, and in the procedure in the application department, the parties interested may be summoned and heard, also witnesses and experts may be examined and any other inquiries necessary for elucidating the matter may be instituted. SEC. 26. Against the decision by which the application has been refused, the applicant may appeal within one month from the date of the notification, and against decisions on oppositions the appli- cant or the opponent may also appeal within the same time. On lodg- ing the appeal twenty marks must be paid for the costs of the appeal procedure. If the tax be not paid the appeal shall be considered as not made. If the appeal be informal or have been filed too late it shall be rejected as not admissible. If the appeal be considered admissible, the. further proceedings shall be determined according to section 25. The summoning and hearing of the parties interested shall take place on the demand of one of them. The demand may only be rejected if the summoning of the applicant have already taken place in the proceedings before the application department. If the decision on the appeal be based on grounds different from those on which the decision which is appealed against was based, the parties shall first have the opportunity of making a statement thereon. The Patent Office has the power to decide how far the costs of the appeal shall be borne by the losing side, as also to order that the party whose appeal is considered justified shall have the tax (par. 1) repaid to him. SEC. 27. If the grant of the patent be finally decided upon, the Patent Office shall cause a notification thereof to be published in the Imperial Gazette, and shall then issue a document for the patentee. If the application be withdrawn after publication (sec. 23), or if the patent be refused, this shall also be published. The annual tax already paid shall in these cases be refunded. If the patent be refused, the operation of the provisional protection shall cease. SEC. 28. The institution of proceedings for declaration of nullity or for revocation of the patent takes place only on demand. In the case of section 10, No. 3, the aggrieved party is alone en- titled to apply. 9316^19 12 176 GERMANY. In the case of section 10, No. 1, the application is not allowable if made after the expiration of five years from the date on which the publication of the grant of the patent was effected (sec. 27, clause 1). The application must be made in writing to- the Patent Office, and must state the facts upon which it is based. With the application a fee of fifty marks must be paid. If the payment be not made, the application shall be consiclererd as not having been lodged. The fee shall be refunded if the procedure be carried out without hear- ing the parties interested. If the applicant be domiciled abroad, he shall be required to give the other party, on demand, security as to the costs of the pro- ceedings. The amount of security shall be determined by the Patent Office alone. The applicant shall be notified of a time within which the security must be paid, at the time of determining the security. If the security be not paid in before the end of the term, the appli- cation shall be considered as withdrawn. SEC. 29. After the institution of the proceedings has been ordered, the Patent Office on informing the patentee of the application shall require him to answer the same within one month. If the patentee do not answer within that time, the case may be decided without summoning and hearing the parties interested, and in such decision every assertion made by the applicant may be taken as proved. SEC. 30. If the patentee reply within the prescribed time, or if, in the case of section 29, clause 2, the case be not decided immediately after the application, the Patent Office shall issue the necessary orders for investigating the matter, and, in the first case, communicate the patentee's answer to the applicant. The Patent Office may order the hearing of witnesses and experts. In this respect the regulations of the code of civil laws shall apply. The depositions must be taken down in writing by a sworn recorder. The decision shall take place after a summons and hearing of the the parties. ******* [NOTE. The third paragraph of this section was repealed by Article III of the law of the 6th of June, 1911.] SEC. 31. In the decision (sees. 29 and 30) the Patent Office shall have power to decide what proportion of the costs of the proceedings shall be charged to the parties to the suit. SEC. 32. It shall be the duty of the law courts to afford the Patent Office legal assistance. The determination of fines against witnesses or experts who do not appear when summoned, or who refuse to give evidence or to take the oath, as also the compulsory attendance of witnesses who fail to appear, shall be effected on demand through the law courts. GERMANY. . 177 SEC. 33. Against the decision of the Patent Office (sees. 29 and 30) appeals may be lodged. The appeal is to the Imperial Court. It must be lodged in writing at the Patent Office within six weeks from the date of notification, and grounds of appeal must be given. By the judgment of the court, the costs of the proceedings shall also be determined according to section 31. In all other respects the proceedings of the court shall be deter- mined by regulations to be drafted by the court and settled by Imperial Order, confirmed by the Federal Council. SEC. 34. As regards the mode of conducting written and verbal communications before the Patent Office, the regulations in this re- spect holding good in the law courts shall apply. Communications that are not in the German language shall not be considered. FOURTH SECTION. FINES AND DAMAGES. SEC. 35. Whoever knowingly or by gross negligence makes use of an invention contrary to the regulations of sections 4 and 5 is liable to pay damages to the injured party. If the invention in question relate to a process for the production of a new substance, all substances of a like nature shall be considered as having been made by a patented process, until proof to the con- trary be given. SEC. 36. Whoever knowingly makes use of an invention against the regulations of sections 4 and 5 shall be punished by a fine not exceeding five thousand marks, or by imprisonment not exceeding one year. The penal proceedings shall only be instituted on application. This application may be withdrawn. If punishment be awarded, the injured party shall be authorized to publish the sentence at the cost of the defendant. The mode of publication and the time within which it must be effected shall be determined in the sentence. SEC. 37. In place of the damages awarded according to this law, the court may, at the request of the plaintiff, award, in addition to the fine or punishment, a penalty not exceeding ten thousand marks, to be paid to him. For this penalty all the defendants are liable as joint debtors. The award of such penalty shall prevent any further action for damages being instituted. SEC. 38. In a civil suit in which the plaintiff or defendant ad- vances a claim based on the provisions of this law, the action shall be referred to the Imperial Court for trial and final decision accord- ing to section 8 of the regulations of the "Gerichts-Verfassungs- Gesetz." 178 GERMANY. SEC. 39. No action for infringement of patent right shall lie after the expiration of three years from the date on which any one of the alleged infringements was effected. SEC. 40. A punishment by fine not exceeding one thousand marks shall be inflicted (1) On any person who places upon articles or the packing thereof a mark or description which leads to the erroneous belief that the articles are protected by a patent according to this law ; (2) On any person who, in public advertisements, on signboards, business cards, or similar publications, employs a designation which is calculated to cause the erroneous impression that the articles men- tioned therein are protected by a patent according to this law. ART. II. The action of section 28, clause 3, of Article I shall ex- tend to all patents now in force, with the condition that the applica- tion shall be made within three years from the date on which this law comes into force. ART. III. This law shall come into force on the 1st day of October, 1891. PATENT AGENTS ACTS OF THE 2 1ST OF MAY, 1900. SECTION 1. The Patent Office shall keep a register of patent agents. In this register shall be entered at their request persons who, prac- ticing on their own account, desire to represent others professionally in matters pertaining to the Patent Office. SEC. 2. Registration shall only be allowed on the applicant prov- ing his technical qualifications and legal knowledge according to sections 3 and 4. Registration shall be refused 1. If the applicant be not resident in Germany ; 2. If he have not completed his twenty-fifth year ; 3. If by legal procedure he be restricted in the disposal of his personal property ; 4. If he have been guilty of improper behavior political, scien- tific, and religious beliefs and actions are not considered as such. If registration be refused according to No. 4 of section 2 an appeal may only be made according to the following regulations. The ap- peal must be left, in writing, at the Patent Office within one month of the delivery of the decision. The appeal shall be decided by a "Court of Honor." The procedure shall be determined by para- graphs 2 and 3 of section 9 and sections 10, 11, 12, and 13. SEC. 3. Applicants shall be considered qualified as regards tech- nical knowledge if they have regularly attended a university, tech- nical high school, or school of mines, and, having there studied natural science and technical subjects, have passed either a State or academical examination, and have, in addition, worked practically GERMANY. 179 in technical matters for at least one year, and have then been em- ployed in connection with the legal protection of industrial property for at least two years. Attendance at foreign universities and schools and practical work- ing abroad may be held, by a decision of the examining committee (sec. 4), to be sufficient. The technical examination (par. 1) must, however, be passed in Germany. SEC. 4. The possession of the requisite legal knowledge must be shown by passing an examination, to which only those who have proved their technical qualifications shall be admitted. The exami- nation shall be both oral and written, and shall be mainly directed to ascertaining whether the applicant possesses the capacity of apply- ing practically the regulations relating to the legal protection of industrial property. The examination shall be carried out before a committee to which members of the Patent Office and patent agents shall be appointed by the Imperial Chancellor. In the event of the applicant not passing the examination he may enter once again after a period, of at least six months, to be determined by the examining committee. Further particulars as to the composition and functions of the examining committee, the procedure in examinations, and the ex- amination fees shall be decided by an order as to examinations of the Bundesrath. SEC. 5. A patent agent must conduct his business in a conscien- tious manner, and show by his conduct in carrying on his business, as also outside the same, that he is worthy of the consideration or esteem which his profession requires. He shall give an assurance for the fulfillment of these obligations, to be confirmed by the shaking of hands. The regulation of section 2, No. 4, shall apply. SEC. 6. The registration shall be canceled by the Patent Office 1. On the application of the registered person. 2. On his death. 3. If he do not reside in Germany. If in consequence of a legal enactment he be restricted in the disposal of his property. SEC. 7. The registration shall also be canceled if facts that would have prevented the registration according to section 2, No. 4, be subsequently ascertained, or if the registered person contravene the obligations imposed on him under section 5. In less serious cases of infraction of duty there may be substituted for cancellation of the registration a monetary fine up to 3,000 marks, with which may be combined a reprimand. SEC, 8. The decisions under section 7 are given by a "Court of Honor." 180 GERMANY. SEC. 9. The institution of proceedings is determined on by the Imperial Chancellor. Should he consider a preliminary investiga- tion necessary, he shall name the investigating officials. The accused shall be heard on the points of accusation. During the proceedings the hearing of witnesses and experts may at any time be ordered. The rules of criminal procedure in relation to evidence and defense apply in this case. Patent agents may be heard for the defense. SEC. 10. The proceedings are conducted and the decision given by a " Court of Honor " composed of two members of the Patent Office, one a legal and the other a technical member, and three patent agents. The legal member of the Patent Office occupies the chair. The accused shall have the indictment communicated to him in writing, and shall be requested to attend the hearing. The rules of criminal procedure relatively to the exclusion and refusal of the legal functionaries are applicable. The oral proceedings are not public, but the " Court of Honor " may order them to be so; and the hearing must be public if the accused desire it, provided that the conditions of section 173 of the law relating to legal procedure do not apply. SEC. 11. The decision, including the grounds, shall be in writing, and shall be officially transmitted to the accused. If the decision go against him, he shall bear the actual cost of the investigation. SEC. 12. The accused may appeal against the decision. The appeal must be left at the Patent Office within one month from the date on which the decision was transmitted to the accused. The appeal is decided by " a High Court of Honor " consisting of three members of the Patent Office, of which the chairman and one other must be legal members, and four patent agents. The proceed- ings are governed by the rules of section 9, paragraph 2, and sections 10 and 11. SEC. 13. If, before the decision is given, the accused apply to have his name struck off the register, the proceedings shall be stopped. The accused shall then pay the actual cost of the proceedings. SEC. 14. The Imperial Chancellor shall nominate in advance each year members of the Patent Office to act under sections 10 and 11, and he shall also nominate twenty patent agents, from whom the required number for each court shall be determined by ballot at a public sitting of Appeal Section (I) of the Patent Office. SEC. 15. The entries in and excisions from the register of the names of patent agents shall be made public. SEC. 16. Patent agents may apply for the names of persons who are to permanently represent them in business before the Patent Office to be entered in a special column of the register. The prescriptions of sections 2 and 3 apply to such registrations. It is, however, suf- GERMANY. 181 ficient if the applicant have completed his twenty-first year, and, after passing the State or academical examinations in technical mat- ters, have been practically engaged for at least one year in the province of the legal protection of industrial property. The pre- scriptions of sections 5, 13, also apply to such persons. SEC. 17. The president of the Patent Office is empowered to exclude from representation persons who are acting professionally as repre- sentatives without being entered on the register. Solicitors are not included in this regulation. SEC. 18. Patent agents shall not be excluded from the representa- tion of other persons before the Patent Office on the ground of the rule in section 35, paragraph 3, of the Gew&rbe Ordnung. SEC. 19. Any person calling himself a "patent agent" or using any similar designation leading to the belief that he is registered as a patent agent, without being so registered, is subject to a penalty of 300 marks, or, if without means, to imprisonment. SEC. 20. To those persons who, at the time of coming into force of this Act, are already practicing the representative business on their own account, section IT shall only apply after the 1st of April, 1901. Those who before that date prove the fulfillment of the quali- fications of section 3, and apply to be examined under section 4, may not be prevented from practicing as representatives up to the final decision as to their entry on the register, provided no case occur under section 2, paragraph 2. Whoever at the time of the coming into force of this Act has professionally carried on agency business on his own account since the 1st of January, 1899, shall, on his application, be entered on the register of patent agents, even though he have not complied with the conditions under sections 3 and 4, provided his mode of conducting business and his behavior, both in carrying on his profession and outside the same, have not given rise to material objections. Such application shall be made before the 1st of April, 1901, and shall be decided on by the examining committee. If the decision be adverse, the applicant may appeal. The appeal shall be lodged in writing at the Patent Office within one month after the applicant was notified of the decision. The appeal shall be heard and finally de- cided by the "High Court of Honor" (sec. 12, par. 3). The pro- cedure is determined by the prescriptions of sections 9, 10, and 11. The accused may not be prevented from carrying on his agency business until the final decision has been given. SEC. 21. Any person who has professionally carried on the agency business since the 1st of January, 1899, even though not on his own account, or who has been employed as a technical member of the Patent Office for at least two years, may on application obtain a cer- tificate as to his qualification as a permanent representative of a 182 GERMANY. patent agent, even though he have not fulfilled the requirements of section 3, provided his manner of working and behavior have not given rise to material objection. The application and procedure are governed by the prescriptions of section 20, paragraph 3. Whoever has obtained such certificate shall be entered in the special column of the register (sec. 16) on the application of a patent agent who has intrusted him with his permanent representation. On his own application he shall be admitted to the examination (sec. 4), and in the event of his passing he shall be entered on the register as a patent agent, provided no impediment have arisen under section 2, paragraph 2. The applicant may be excused such examination by a unanimous decision of the examination committee, if his posses- sion of the necessary knowledge be proved by his previous business capacity. An application to this effect must be presented by the 1st of October, 1901, at latest. SEC. 22. This law shall come into force on the 1st of October, 1900. So long as a sufficient number of patent agents has not been en- tered on the register, the Imperial Chancellor shall nominate in lieu thereof persons who have on their own account acted professionally as representatives of others in the matter of the legal protection of industrial property. GERMANY rGERMAN COLONIES. INDUSTRIAL , PROPERTY INTERNATIONAL CONVENTION MADE EFFECTIVE. [Translation.] [Notice of July 21, 1914, relating to the Paris Convention for the protection of industrial property, revised at Brussels on December 14, 1900, and at Washington on June 2, 1911.] In view of article 166 of the Paris Convention of March 20, 1883, for the protection of industrial property, revised at Brussels on De- cember 14, 1900, and at Washington on June 2, 1911, a declaration in writing was handed to the Swiss Government to the effect that this Convention has become effective in the German protectorates simulta- neously with the enforcement thereof in the German Empire. Berlin, July 21, 1914. By order of the Chancellor of the Empire : (Signed) ZIMMERMAN. (From Blatt fur Patent-, Muster- und Zeichenwesen.) GERMANY. [The act relating to the protection of Gebrauchsmuster. (Utility model patents.)] We, William, by the grace of God, German Emperor, King of Prussia, etc., after receiving the assent of the Federal Council and of the Parliament of the Empire enact in the name of the Empire as follows : SECTION 1. Models of implements or useful articles, or parts of the same are protected according to the tenor of this act as useful models, in so far as the same can be applied for the purposes of manufacture or utility in consequence of a new shape, a new arrangement, or a new device. Models are not considered as new, in so far as, at the date of filing the same according to the provisions of this act, they have been already described in public prints or publicly used in this country (Germany). SEC. 2. Models, for which protection as useful models is applied for, are to be notified in writing to the Patent Office. The application must state under what title the model is to be registered and what purpose of manufacture or utility the new feature or device is in- tended to serve. Each and every application must be accompanied by a copy or drawing of the model (in duplicate). In respect to the further requirements of the application the Patent Office will issue regulations. A fee of 15 marks must be paid for each and every model filed at the time of the application. SEC. 3. If the application answers to the requirements of section 2 the patent office decrees the registration in the records for useful models. The registration must include the name and residence of the applicant as well as the time of application. The registrations are to be published at definite dates in the Imperial Gazette. Changes of ownership will on application be noted on the register. The examination of the register, as well as of the applications by reason of which the registrations were made, is free to everybody. SEC. 4. The registration of a useful model according to the tenor of section 1 gives the registered applicant the exclusive right of reproducing the model for trade purposes, of introducing on to the market, of displaying or using the implements and articles thus pro- duced. Eights, based on a subsequent application, may not, in so far as they infringe rights based on a prior application, be carried 183 184 GERMANY. into effect without the permission of the registered owner of the latter. If the essential contents of the registration are taken, with- out consent, from the descriptions, drawings, models, implements or arrangements of another person, the protection based on this act shall not affect the injured party. SEC. 5. In so far as a right founded on section 4 infringes a patent, the application for which was filed prior to the application for pro- tecting the model, the party entered on the register of models may not make use of such right without permission of the first patentee. Similarly, in so far as a right based upon section 4 infringes a patent subsequently filed, the right derived from this patent may not be made use of without the consent of the owner registered in the records of useful models. SEC. 6. If the requirements of section 1 are wanting, anyone can claim that the registration of the useful model be canceled. In the case of sections 4 and 5, the injured party can claim that the registra- tion of the useful model be canceled. SEC. 7. The right based on the registration in the records passes over to the Jieirs and can be transferred, either restricted or un- restricted, to other persons by contract or testament. SEC. 8. The duration of the protection is three years; the period begins on the day following the application. On payment of a further duty of 60 marks (3) prior to the expiration of the period, an extension of the period of protection for another three years will be granted. The extension will be registered in the records. If, during the period of protection, the registered party renounces his right to the protection the registration will be canceled. The cancel- men ts of registration not taking place in consequence of the lapse of the period of protection are to be published at definite periods in the Imperial Gazette. SEC. 9. Whoever wittingly or through culpable negligence makes use of a useful model in contravention of the provisions of the sec- tions 4 and 5 is liable for damages to the injured party. Suits con- cerning infringements of the right of protection become superan- nuated in three years in consideration of each and every act on which the same is based. SEC. 10. Whoever wittingly makes use of a useful model in contra- vention of the provisions of sections 4 and 5 is liable to a fine not ex- ceeding 5,000 marks (250) or to one year's imprisonment. The prosecution is initiated only 011 application. The withdrawal of the application is permissible, On the passing of judgment the right to publish the same at the cost of the condemned party is to be im- mediately awarded to the injured party. The mode of the publica- tion as well as the period for the same is to be determined in the judgment. GERMANY. 185 SEC. 11. Besides the punishment, a penalty up to 10,000 marks (500) and payable to the injured party may be fixed, on the ap- plication of the latter, in place of all compensation arising out of this law. For this penalty the condemned parties are responsible as joint debtors. A penalty thus fixed excludes the validity of all further claim to compensation. SEC. 12. In civil suits, in which by plaint or counterplea a claim is made founded on the provisions of this law, the action and decision for final judgment shall be carried to the imperial court in accord- ance with section 8 of the preamble to the law of legal constitution. SEC. 13. Whoever has no residence or establishment in this country (Germany) can claim the protection of this law only when in the State in which he has his residence or establishment. German utility models enjoy protecton in accordance with a publication con- tained in the Imperial Law Gazette. Whoever files an application based on the above provision must at the same time appoint a repre- sentative dwelling in this country (Germany). Name and residence of the representative will be registered on the records. The regis- tered representative is empowered to represent the owner of the protection in suits concerning the useful model, and to institute prosecutions. The place where the representative has his residence and, in want therefore, then the place where the Patent Office has its seat, is, in accordance with section 23 of the law of regulations in civil suits, to be regarded as the place where the object is to be found, viz, where the suit respecting the infringement of the useful model shall be instituted. SEC. 14. The provisions concerning the rule and practice of the Patent Office, which are required for the execution of this law, will be made by imperial enactment with the consent of the Federal Council. SEC. 15. This law comes into force on the 1st October, 1891. Given under the imperial hand and seal on board of our dispatch boat Greif the 1st June, 1891. [L. S.] ' ( Signed ) WILHELM. VON BOETTICHER. [The law for the protection of trade-marks.] We, William, by the grace of God, German Emperor, King of Prussia, etc., enact in the name of the Empire, with the advice and consent of the Federal Council (Bundesrat) and of the Parliament (Eeichstag), as follows: SECTION 1. Whoever in the course of his business wishes to make use of a trade-mark for the distinction of his goods from the goods 186 GERMANY. of another, may apply for the registration in the register of trade- marks. SEC. 2. The register of trade-marks is to be kept at the Patent Office. The application for a trade-mark is to be made at the Patent Office in writing. There must be annexed to each application the designation of the business in which the mark is to be employed, a list of the goods for which it is intended, as well as a clear representa- tion, and in so far as is necessary, a description of the mark. The Patent Office is to issue regulations with regard to the other require- ments for the application. For every mark, on application, a fee of 30 marks is to be paid, and on every renewal of the application a fee of 10 marks. If the first application is not prosecuted up to registra- tion, then, of the fee, 20 marks are to be refunded. SEC. 3. The register of trade-marks shall contain : (1) The exact time of the arrival of the application. (2) The deposits annexed to the application according to section 2, paragraph 1. (3) The name and place of abode of the proprietor of the mark and of his representative, if any, as well as changes in the person, name, or place of abode of the proprietor or of the representative. (4) The exact time of a renewal of the application. (5) The exact time of the cancellation of the mark. The inspection of the register of trade-marks is to be free to everybody. Every registration and every cancellation of a mark, is to be officially published. The Patent Office is to publish at regular intervals summaries of the marks registered and canceled in the meantime. SEC. 4. Kegistration in the register is to be refused in the case of marks common to the trade, as well as in the case of trade-marks (1) Which exclusively consist in figures, letters, or in such words as contain information with regard to kind, time and place of manu- facture, with regard to the quality, with regard to destination, with regard to price, quantity, or weight of the goods ; (2) Which contain home or foreign State coat of arms, or arms of a town of this country (Germany), or a parish or some community of this country (Germany) ; (3) Which contain representations exciting annoyance or such in- formation as evidently does not correspond with the actual facts and causes the danger of deception. Marks which have become void may not be registered anew for the goods for which they were registered, or for similar goods, on behalf of some one other than the last proprietor, until after the expiration of two years from the date of cancellation. SEC. 5. If the Patent Office is of the opinion that a trade-mark, the subject of an application, corresponds to another mark, for the GERMANY. 187 same or for similar goods, previously applied for under the law re- lating to the protection of marks of November 30, 1874 (Reichsge- setzblatt, p. 143) , or under the present law, the Patent Office is to com- municate this information to the proprietor of this mark. If the same does not lodge an objection, within one month after the notice, against the registration of the newly applied for mark, the mark is to be registered. In the other case, the patent office is to come to a decision as to whether the marks are similar. If this communication, provided for in the above paragraph, is not made, there is no ground for a claim. SEC. 6. If the similarity of the marks is negatived by the decision (sec. 5, par. 1), the newly applied for mark is to be registered. If the similarity of the marks is established by the decision, the regis- tration is to be refused. If the applicant wishes to plead that he has a claim to the registration in spite of the similarity established by the decision of the patent office, he must cause this claim to be recognized by means of an action against the opponent. The regis- tration in virtue of a decision, issued in his favor, is to be effected at the exact time of the original application. SEC. 7. The right based upon the application or registration of a trade-mark passes over to the heirs and may be transmitted to an- other by a contract or by testament. The right can, however, pass over to another only with the good will of the business to which the trade-mark belongs. The transmission is on the request of the legal successor to be recorded in the register of trade-marks, if the consent of the authorized person is to be produced with clear proof. If the authorized person is dead, the proof of the legal succession is to be produced. As long as the transmission is not recorded in the register of trade-marks, the legal successor can not make good his right from the registration of the trade-mark. Resolutions and decisions of the patent office, which require to be forwarded in official form to the proprietor of the mark, are always to be addressed to the registered proprietor. If it happens that the same is dead, the Patent Office may in their opinion, consider the notification as effected, or, to fulfill the object of the notification, bring it before the heirs. SEC. 8. On the request of the proprietor, the mark is, at any time, to be cancelled in the register. The cancellation is to take place officially : (1) If, since the application of the mark, or since its renewal, 10 years have expired. (2) If the registration of the mark should have been refused. If cancellation, without the request of the proprietor, is to take place, the patent office is previously to advise the proprietor. If he does not oppose this decision within one month after the notice, the cancellation is to take place. If he opposes, the Patent Office is 188 GERMANY. to form a decision. If the cancellation is to result in consequence of the expiration of the term of ten years, this is to be disregarded, if the proprietor of the mark, before the expiration of one month after the notice, by the payment of a fee of 10 marks, in addition to the renewal fee, regains the renewal of the application. The renewal then holds good as if made on the day of the expiration of the former term. SEC. 9. A third party ma}^ propose the cancellation of a trade- mark (1) If the mark is registered for him, by reason of an earlier application, for the same, or for similar goods, in the register of trade-marks, or in the registers for marks kept according to the law of 30th November, 1874, relating to the protection of marks. (2) If the business, to which the trade-mark belongs, is no longer continued by the registered proprietor. (3) If circumstances exist, from which it becomes evident, that the contents of the mark do not correspond with the actual facts, and give ground for danger of deception. If a trade-mark excluded from registration by the law relating to the protection of marks of 30th November, 1874, has, before the enactment of the present law, a value within interested commercial circles, as a distinguishing mark of the goods of a particular busi- ness, the proprietor of the latter, in case the mark is registered according to the present law on behalf of another in the register of trade-marks, may, up to 1 October, 1895, demand the cancellation of. the mark. If the demand is granted, the mark may, before the expiration of the term determined in section 4, paragraph 2, be registered in the register of trade-marks, on behalf of the person making the demand. The demand for cancellation is to be made good by means of an action, and is to be directed against the registered proprietor, or, if the latter is dead, against his heirs. If, before or after the institution of the action, a transmission of the trade-mark to another has taken place, the decision with regard to the matter is also operative and executory against the legal suc- cessor. With regard to the rights of the legal successor to enter into the action, the provisions of sections 63 to 66 and 73 of the regula- tions in civil suits are to find corresponding application. In cases of paragraph 1, No. 2, the demand for cancellation may be lodged first of all at the Patent Office. The Patent Office is to give, to the person registered as proprietor of the trade-mark, notice of the same. If the same does not oppose within one month of the notifi- cation, the cancellation is to take place. If he opposes, it is to be left to the person making the demand, to prosecute the demand for cancellation by means of an action. GERMANY. 189 SEC. 10. Applications of trade-marks, applications for trans- missions and oppositions against the cancellation of the same, are to be settled in the procedure usual for patent matters, by preliminary notice in official form and decision. In cases of section 5, paragraph 1, a preliminary notice in official form will not be forwarded. A person making an application, may, against a decision by which his application is rejected, and the proprietor of a trade-mark may, against a decision by which in spite of opposition the cancellation is ordered, within one month after the notification lodge an appeal at the patent office. Notifications in official form which relate to the registration, trans- mission, or cancellation of a trade-mark are to take place by means of registered letter. If a notification can not take place in this country (Germany) it is to be effected by posting according to sec- tions 161, 175 of the regulations in civil suits. 1 SEC. 11. The Patent Office, on the request of the courts, is obliged to give opinions with regard to questions which relate to trade- marks, if, in the judicial procedure, there are submitted by several experts, opinions varying one from another. SEC. 12. The registration of trade-mark has the effect, that to the registered party exclusively belongs the right to provide the goods of the kind notified, or their packing-cases, or covers, with the trade- mark, to place the goods so marked on the market, as well as to apply the mark on announcements, price lists, business letters, notices, bills, or the like. In the case of cancellation, rights on account of registration can no longer be made good for the time in which there formerly already existed a legal ground for the cancellation. SEC. 13. By the registration of a trade-mark, no one is to be pre- vented from applying his name, his signature, his address, as well as information about kind, time, and place of manufacture, about the quality, about the destination, about the price, quantity, or weight of goods, whether it be in abbreviated form, on goods, on their pack- ing cases, or covers, and from employing the like information in commercial intercourse. SEC. 14. Whoever wittingly or through culpable negligence pro- vides goods, or their packing cases, or covers, or announcements, price lists, business letters, notices, bills, or the like, with the name or the signature of another, or with a trade-mark protected according to the tenor of this law, or brings into commerce, or holds for sale, such illegally marked goods, is liable for damages to the injured party. 1 Now civil law in the setting of the notification of May 20, 1898 (ReichsgesetzUatt, p. 410), sections 66 to 69 and 73. 190 GERMANY. If he committed the act wittingly, he is besides to be fined with a fine of from 150 to 5,000 marks, or to be imprisoned for a period not exceeding six months. The prosecution is to be initiated only on petition. The withdrawal of the petition is admissible. SEC. 15. Whoever, for the purpose of deception in trade or com- merce, supplies goods or their packing cases, or covers, or announce- ments, price lists, business letters, notices, bills, or the like, with a get-up which, within interested commercial circles, passes for dis- tinguishing marks of similar goods of another, without his consent, or whoever for the same purpose brings into commerce, or holds such goods for sale, is liable for damages to the injured party and is to be fined with a fine of from 100 to 3,000 marks, or to be imprisoned for a period not exceeding three months. The prosecution is tt> be initiated only on petition. The withdrawal of the petition is admissible. SEC. 16. Whoever deceitfully provides goods, or their packing case, or cover, or announcements, price lists, business letters, notices, bills, or the like, with a State coat of arms, or with the name or arms of a place, of a parish, or some community, for the purpose of causing an erroneous idea as to the quality and value of the goods, or who for the same purpose brings such marked goods into com- merce or holds such for sale is to be punished by a fine of from 150 to 5,000 marks, or by imprisonment not exceeding six months. The use of names, which according to trade custom, serves for the designation of certain goods, without being intended to define their origin, does not fall under this provision. SEC. 17. Foreign goods, which are illegally provided with a Ger- man signature and designation as to place, or with a trade-mark registered in the register of trade-marks, are liable on their entry into Germany, for importation or transit, on the petition of the injured party on security to seizure and confiscation. The seizure is to take place by the customs and revenue authorities, the appointment of the confiscation by the sentence of the board of management (sec. 459 of the regulations in penal suits). SEC. 18. Besides the punishment a penalty not exceeding 10,00 marks (500), and payable to the injured party, may, on the latter's application, be fixed, in place of all compensation arising out of this law. For this penalty the condemned parties are responsible as joint debtors. A penalty thus fixed excludes the validity of all further claim to compensation. SEC. 19. If a sentence by reason of sections 14 to 16 and 18, takes place, then, referring to the objects in possession of the sentenced party, the removal of the illegal marks or other characteristic fea- tures is to be pronounced by the judge, or if the removal is not pos- sible in any other manner, the destruction of the objects provided with them is to be pronounced by the judge. GERMANY. 191 If the sentence takes place in the criminal procedure, authority is in the cases of sections 14 and 15 to be awarded to the injured party, to publish the sentence at the expense of the condemned party. The mode of publication as well as the term of the same, is to be stated in the judgment. SEC. 20. The application of the provisions of this law, is not ex- cluded by variations with which foreign names, signatures, marks, coats of arms, and other distinguishing marks of goods are repro- duced, if in spite of these variations, there is a danger of confusion in trade. SEC. 21. In civil suits in which by plaint or counterplea a claim is made founded On the provisions of this law, the action and decision for final judgment shall be carried to the imperial court in accord- ance with section 8 of the preamble to the law of legal constitution. SEC. 22. If German goods abroad, on their importation or transit, are subject to bearing a mark which shows their German origin, or if, in the customs, the same, with reference to the trade marking of the goods, are treated less favorably than the goods of other countries, the Bundesrat is empowered to raise a corresponding tax on the for- eign goods on their entry into Germany on importation or transit, and to arrange that in the case of contravention the seizure and con- fiscation of the goods is to follow. The seizure is to take place by the customs and revenue authorities, the appointment of the confiscation by the sentence of the board of management (sec. 459 of the regu- lations in penal suits). SEC. 23. Whoever has no residence or establishment in this country (Germany) has a claim to the protection of this law. only when in the State in which, he has his residence or establishment, according to a publication contained in the Imperial Law Gazette. German trade markings are admitted to legal protection to the same extent as home trade markings. The claim on the protection of a trade-mark, and the rights founded upon the registration, can only be put forward through an appointed representative dwelling in this country. The latter is authorized to act as the representative in the procedure taking place in the patent office according to this law, as well as in the civil actions relating to the mark, and is authorized to prosecute. In the case of actions against the registered proprietor of the trade-mark, only that court is competent, in whose district the representative has his resi- dence, otherwise, that court in whose district the patent office is situated. Whoever brings a foreign trade-mark for application, must pro- vide with it the proof that in the country in which he has his resi- dence, he has applied for and obtained the protection of this mark. 9316919 13 192 GERMANY. The registration, if State treaties do not determine otherwise, is only admissible, if the mark corresponds to the demands of this law. SEC. 24. With regard to the trade-marks registered in the register of trade-marks, in conformity with the law relating to the protec- tion of marks of 30 November, 1874, the statements of^that law are to find still further application until 1 October, 1898. Marks can at any time before 1 October, 1898, form the subject of registra- tion applications and then come under its provisions. Registration may not be refused with regard to those marks, which have been registered in the registers of marks under an older protection af- forded by the law of the land. Registration takes place gratuitously and under the exact time of the first application. With regard to the contents of the first registration, a certificate of the hitherto existing board of registers is to be produced. On the registration in the register of trade-marks, or if such a registration has not taken place, on the 1 October, 1898, the pro- tection granted to the trade-marks up to that time expires. SEC. 25. The necessary provisions with regard to forms of pro- cedure and the routine of business of the patent office, for the carry- ing out of this law, as well as with regard to the procedure before the same are to be made by imperial statute with the consent of Federal council. SEC. 26. This law is to come into force on the 1 October, 1894. From the same time onward, applications of trade-marks are no longer to be received under the law relating to the protection of marks of 30 November, 1874. Given under our imperial hand, signature, and seal, at Neues Palais, 12 May, 1894. [L. s.] WlLHELM. VON BOETTICHER. GERMANY WAR LEGISLATION. GERMANY. PATENTS APPLICATIONS TAXES WORKING DECREE EFFECTIVE AUGUST 1, 1914. [Translation.] Provisions for the prevention of subjecting applicants for and owners of protection rights to hardship during the time of state of war. GERMANY. 193 (a) Notification: The terms stipulated on the part of the Imperial Patent Office hav- ing reference to patent, Gebrauchsmuster and trade-mark matters are extended for the period of three months. Berlin, Aug. 4, 1914, Imperial Patent Office. ( Signed ) KOBOLSKI. (b) Notification: The terms decreed by the Patent Office having reference to patent, Gebrauchsmuster and trade-mark matters are extended for three months in accordance with the preceding notification. The Patent Office expects to prevent by means of this measure that applicants for a right, being unable to respond to an office action within the terms stipulated in consequence of the state of war, suffer any disadvantages caused by a non-responsive action. A possible extension of the term remains under reservation. However, the terms provided for in the laws (term for appeal, pay- ments, etc. ) for the modification of which the Patent Office has no au- thorization, are not affected by this decree. The Patent Office, in par- ticular, may comply with requests for the extension of the payments of taxes only when the payment of the first and second annual tax is concerned, since the patent law makes provision only for a delay in the payment of these taxes. Consequently, the obligation of observ- ing the legally prescribed term remains in force, i. e., the payment of taxes due. If, however, it be impossible to observe in a particular case the legal terms in view of the state of war, it is intended to coun- teract, as much as possible, by way of the corresponding application of the provisions of the civil code relating to reinstatement to former status, any damages that may result. It is decreed in section 233^f of the civil code that to parties, having been prevented through natu- ral causes or through other unavoidable occurrences from observing a compulsory term, reinstatement to former status be granted after the removal of the preventative cause and upon motion made. (From Blatt fur Patent-, Muster- und Zeichenwesen, Aug. 26, 1914.) PATENTS GEBRAUCHSMUSTER TRADE-MARKS TEMPORARY RELIEF DECREE EFFECTIVE SEPTEMBER 10, 1914. [Translation.] [Notice regarding the temporary relief provided in matters pertaining to patent, Ge- brauchsmuster, and trade-mark rights of September, 1914 (Reiohsgesetzblatt, No. 74, 1914).] On' the ground of section 3 of the decree relating to the authoriza- tion of the Council of State to take political measures, etc., dated 194 GERMANY. August 4, 1914 (Reichsgesetzblatt, p. 327), the Council of State has decreed the following rules : SECTION 1. The Patent Office may, until further notice, grant upon motion to a patent owner having been prevented in consequence of the war from paying the annual tax due in accordance with section 8, paragraph 2, of the law for patents of April 7, 1891 (Reichsgesetz- blatt, p. 79), an extension of a term not exceeding nine months from the commencement of the current patent year and release the patentee from the payment of an additional fee (sec. 8, par. 3#). The de- cision of the Patent Office shall be final. An extension for the payment of taxes for patents not having lapsed by July 31, 1914, is also allowable even in a case where a motion for an extension has been made after the expiry of the legal terms for payments (sec. 8, par. 3&). SEC. 2. Whoever has been prevented through the state of war from observing a term of the Patent Office, the failure of which would re- sult, in accordance with the legal provisions, in a legal prejudice, shall, on motion, be reinstated to the former standing. The petition for reinstatement must be made within a term of two months; in other respects the provisions of sections 233yf of the civil code are applicable correspondingly. SEC. 3. The provisions of sections 1 and 2 shall be applied on be- half of subjects of foreign countries only if similar relief has been granted in these countries to subjects of the German Empire accord- ing to a notice to be published in the Reiehsgeseizblait. SEC. 4. This decree takes effect on the day of its publication. Berlin, September 10, 1914. ( Signed ) DELBRUCK, The Representative of the Imperial Chancellor. (From Reichsgesetzblatt, Sept, 4, 1914.) GERMANY BELGIUM LUXEMBURG. INDUSTRIAL PROPERTY TAXES DENIAL OF RESPONSIBILITY FOR IN- FORMATION PUBLISHED IN SEPTEMBER REVIEW. KAISERLICHES DEUTSCHES GENERALKONSULAT (IMPERIAL GERMAN CONSULATE GENERAL), 11 Broadway, New York, October 5, 1914- EDITOR PATENT AND TRADE-MARK REVIEW, Woolworth Building, New York City. SIR : My attention has been called to the following statements pub- lished in the last issue of your paper : GEKMANY. 195 i Belgium. Having occasion to make inquiry of the German Con- sul General in New York concerning Luxemburg, which see, the official in charge took occasion to state that Germany has taken over Belgium and that any payment due to the Government in Belgium should be made to the German officials in control. Luxemburg.- Upon inquiry at the German Consulate in New York, we are informed that the Grand Duchy of Luxemburg has been ab- sorbed by Germany and that any payment due to the Grand Duchy may and should be made at Berlin. I beg to advise you that the above statements have not been given out by anyone, authorized to speak on behalf of the Consulate Gen- eral. Please publish in your next issue that the German Consulate General is not responsible for the misleading statement with regard to the status of Belgium and Luxemburg respectively and the pay- ment of dues. Respectfully, (Signed) DR. FALCKE, Imperial German Consul G-eneral. GERMANY. PATENTS GEBRATJCHSMUSTER TRADE-MARKS TEMPORARY RECIPRO- CAL RELIEF OF OCTOBER 21, 1914 NOTICE OF OCTOBER 21, 1914. [Translation.] By virtue of Article 3 of the decree of the Federal Council of Sep- tember 10, 1914 (for text of the decree in question see 13 P. & T. M. Rev., 7), relating to the temporary relief in matters pertaining to patent, Gebrauchsmuster, and trade-mark rights (Reichsgesetzblatt, p. 403), notice is hereby given that in Denmark, Italy, Norway, Swit- zerland, Spain, and the United States of America, similar relief is granted to subjects of the German Empire. Berlin, October 21, 1914. (Signed) DELBRUCK, The Representative of the German Chancellor. PATENTS AMERICAN HOLDERS WAR MEASURES NOTE VERBALE OF IMPERIAL FOREIGN OFFICE. [Translation.] In 211 Official Gazette, 287, is published the translation of the note verb ale of the Imperial German Foreign Office in reply to inquiries 196 GERMANY. regarding the standing of American applicants for and holders of patents in Germany : [Inclosure in despatch No. 349. Translation.] No. II M 5095, 101040.] FOKEIGN OFFICE. NOTE VEKBALE. The Foreign Office has the honor to make the following reply to the note verbale of the Embassy of the United States of America, dated October 20, 1914, F. O. No. 851 : In view of the state of war the following facilities in patent matters have been introduced in Germany: The time limits imposed by the Imperial Patent Office in pending matters have been extended for three months by proclamation, dated August 4, 1914 (Blatt fur Patent-, Muster- und Zeichenwesen, 1914, p. 251). Applications for further extension of time will be considered favorably in the future also, in case satis- factory reasons are submitted. Pursuant to section 1 of the proclamation of September 10, 1914, relative to temporary facilities in patent and trade-mark matters (Reichsgesetzblatt, p. 403, Blatt fur Patent-, Muster- und Zeichenwesen, 1914, p. 290), the provisions of which are applicable in favor of citizens of the United States of America, according to the proclamation of the Imperial Chancellor, dated October 21, 1914 (Reichsgesetzblatt, p. 450, Blatt fur Patent-, Muster- und Zeichenwesen, 1914, p. 315), the Patent Office can until further notice permit deferment of payment of taxes for nine months at the most, beginning with the current patent year in the case of any patent holder who has been incapacitated in consequence of the war from paying the annual tax, under section 8, paragraph 2 of the patent law of April 7, 1891, provided such patent holder makes application for exten- sion. The Patent Office can also waive the additional tax provided for by sec- tion 8, paragraph 3 of the law cited. On patents which had not expired on July 31, 1914, deferred payment is likewise permissible. Section 2 of the proclamation of September 10, 1914, mentioned above, affords sufficient protection against the excusable failure to observe legal time limits of all kinds, especially those relating to the tiling of appeals or for the assertion of priority rights under the Union. This paragraph provides that such cases shall be continued in case application to this end is made within the period of two months, after the ground of hindrance has been removed, and the formalities, compliance with which has been omitted, are satisfied. Moreover, compulsory manufacture ( sec. 11 of the German patent law of June 6, 1911) has been obviated in respect of citizens of the United States of America by the patent agreement between the German Empire and the United States of America, dated February 23, 1909 (Reichsgesetzblatt, p. 895.) The provisions cited above would appear to suffice to appropriately protect the fights of citizens of the United States in patent matters, and to make ade- quate allowance for the situation created by the war, so that it does not seem to be urgently required that the Imperial Embassy at Washington should accept documents or funds intended for the Imperial Patent Office, the date of such acceptance by the Embassy to be considered authoritatively as the date of such action required by law to be completed before the Patent Office at Berlin. It would be necessary to publish a law or a war ordinance in order to grant the authority mentioned, with the effect which it is desired should attach to it. GERMANY. 197 However, in order to comply as far as possible with the wish of the Govern- ment of the United States of America, the Imperial consulate general at New York and the Imperial consulates at Atlanta, Chicago, Cincinnati, Denver, New Orleans, Philadelphia, San Francisco, Seattle, St. Louis, and St. Paul will be instructed to accept during the war documents and moneys, intended for the Imperial Patent Office, submitted by citizens of the United States of America for transmission ; in so doing, however, they must point out to applicants that only the date of arrival of documents or moneys at the Imperial Patent Office shall be considered relevant in asserting their rights. Of course, the consulates can not assume any responsibility that what they send is correctly received by the Im- perial Patent Office in due time ; they will therefore advise applicants to consider whether they should not avail themselves of other methods of transmission. Berlin, December 14. 1914. INDUSTRIAL PROPERTY WAR MEASURES PATENT OFFICE PRACTICE. [Translation!.] [Interpretation of the decree of the Council of State, Sept. 10, 1914, relating to the temporary relief granted in matters pertaining to patents, Gebrauchsmuster, and trade-marks (for translation of which see 13 P. & T. M. Rev., 6).] In supplement of the rules contained in the decree published in Blatt fur Patent-, Muster- und Zeichenwesen, October, 1914, atten- tion is called to the following: 1. The authority granted by virtue of section 1 of the decree to the Patent Office has been often interpreted to read that the patent owners also may claim the grace even w y hen they are able to pay the tax due, but when they desire to delay the payment thereof for the reason that they entertain doubts whether the exploitation of the patent in question would be worth while after the conclusion of the war, and if in view of this fact the maintenance of the patent would be expedient. This interpretation is erroneous. A grace may be granted under this decree only to those patent owners who, in con- sequence of the war, have been prevented from making timely tax payments. 2. The Patent Office may, in accordance with sections 1 and 2 of the decree, decide only after the petitioner has communicated to the Patent Office the actual facts upon which his petition is based. Petitions, merely filed as a precautionary measure without proof, can not be given consideration. This applies particularly to such petitions as are filed by German patent attorneys representing for- eign patent owners, with the statement that the reason why the timely payment was not made is not known, but that, perhaps, the presumptions of sections 1 and 2 of the decree prevailed : Therefore, petitions shall be filed under sections 1 and 2 of the decree only, if the petitioner is in a position to establish grounds therefor. The petitioners, as a rule, will not be placed at a disad- vantage thereby, since in section 2 of Article 2 of the decree the peti- 198 GERMANY. tion for prolongation may be made until the expiry of the longest possible prolongation (see Blatt fur Patent-, Muster- und Zeichen- wesen No. 10, p. 336), and in the case where a reinstatement to the former status is permissible, the two months term for filing in accordance with section 2 of Article 234 of ZPO, the petition com- mences to run, only from the day on which the obstacle occasioned by the state of war has been removed. A " precautionary " petition for reinstatement is already not permissible for the reason that the neglected procedure (for instance the filing of an appeal or the pay- ment of the fee for the appeal) are inseparable. 3. Besides the petitions made as a precautionary measure there are frequently filed petitions prematurely, that is to say, before a tax falls due or before the term fixed for such a procedure has expired. In so far as petitions for prolongation are concerned, it is impossible to grant the same, since the time when the annual tax, the payment for which it is sought to delay, falls due is decisive in respect of the grant of grace, and it can not be seen readily when a petition is pre- maturely filed, whether the presuppositions of the grant of a grace are still present. Neither may a petition for reinstatement to the former status be filed prematurely, inasmuch as it presupposes the neglect of the action in question and renders necessary the simul- taneous procedure with the neglected action. 4. Petitions have been received repeatedly, in which the grace for the payment of an application fee or a fee for an appeal was asked. Therefore, it is once more pointed out that Article 1 of the decree does not refer to these fees or taxes. (From Blatt filr Patent-, Muster- und Zeichenwesen, Dec. 30, 1914, p. 384.) NOTICE OF FEBRUARY 20, 1915. [Notice of Feb.i 20, 1915, concerning the facilities accorded in foreign countries in matters of patents, models of utility, and trade-marks.] By virtue of paragraph 3 of the ordinance of the Federal Council of the 10th of December, 1914, concerning the temporary facilities accorded in the domain of patents, of models of utility, and of marks (Bulletin of Laws of the Empire, p. 403) it is declared by the present that facilities analogous to those provided by the said ordinance are accorded to the citizens of the Empire of Germany in Belgium, in Austria, in Hungary, and in Portugal, and for the moment in France. GERMANY. 199 PATENTS APPLICATIONS GEBRAUCHSMUSTER TEMPORARY RELIEF DECREE or MARCH 31, 1915. [Translation.] [Notification relating to additional relief granted in matters pertaining to patent and Gebrauchsmuster rights.] The Federal Council, on the ground of Article 3 of the law relating to the authorization of the Federal Council to take political measures, etc., dated August 4, 1914 (notice of which see 13 P. & T. M. Rev., 233, Ed.), issued the following decree: ARTICLE 1. The authorization conferred upon the Patent Office by virtue of Article 1 of the decree of September 10, 1914, relating to the temporary relief in respect of patent, Gebrauchsmuster, and trade-mark rights, to grant prolongation of term for the payment of taxes is extended to the tax provided in section 1 of Article 8 of the law relating to the protection of Gebrauchsmuster, of June 1, 1891. The term of grace commences from the expiry of the legal term of protection. ART. 2. A further delay may be granted for the payment of those taxes for patents and Gebrauchsmuster, the term of payment whereof was prolonged, upon motion, said delay being effective from the expiry of the term of payment, if the annulment has not as yet taken place. . The Imperial Chancellor determines when the taxes, the pay- ment of which was indefinitely extended until after the termination of the war, shall be paid at the latest. ART. 3. The President of the Patent Office shall decide in respect of petitions for grace or exemption from taxes. The decision of the President shall be final. ART. 4. The period for which the publication of a patent applica- tion may be suspended (sec. 4 of Art. 23 of the patent law of Apr. 7, 1891) may be "prolonged for a year. The claim of the applicant for a patent to the suspension shall be void if the President of the Patent Office holds that the same is not in conformity with the public interest. The President's ruling in refer- ence thereto is final. ART. 5. This decree becomes operative April 7, 1915. The Imperial Chancellor decides when this decree and the decree of September 10, 1914, shall become inoperative. Berlin, March 31, 1915. ( Signed ) DELBRUCK, The Representative of the Chancellor. (From Blatt fur Patents-, Muster- und Zeichenwesen, April 28, 1915.) 200 CEEMANY. . NOTICE OF MARCH 31, 1915. [Notice of the Bureau of Patents concerning the extensions granted to foreigners for the payment of annuities upon patents (Mar. 31, 1915).] Certain persons have expressed the opinion that in applying for an extension for the payment of annuities on patents (notice of Sept. 10, 1914, concerning the temporary facilities in the domain of patents, of models of utility and of marks (Bulletin of Laws of the Empire, p. 403), the citizens of foreign States with regard to whom the existence of reciprocity of treatment has been recognized in the application of paragraph 3 of the above-mentioned notice have the right to be treated according to the rules applicable in their coun- try of origin in the case of extension accorded for the payment of taxes. This point of view is inexact. It results on the contrary from paragraph 3 of the above-mentioned notice, that the citizens of coun- tries in question -ought simply to be treated as German patentees. Foreigners who demand an extension for the payment of their annui- ties ought then to establish, as is required of German patentees, that the conditions indicated in paragraph 1 of the above-mentioned no- tice are complied with in that which concerns them. They ought, in particular, to justify the facts that because of the war they have been prevented from paying the annuity in default. PATENTS APPLICATIONS PRIORITY UNDER THE CONVENTION PRO- LONGATION or TERM ORDINANCE EFFECTIVE MAY 7, 1915. [Translation.] On the ground of section 3 of the law of August 4, 1914 (Reichs- gesetzblatt, p. 327), authorizing the Bundesrat to take measures of an economic nature, the Bundesrat has issued the following ordi- nance : SECTION 1. The priority time limits, provided in Article 4 of the revised Paris Convention for the protection of industrial property, of June 2, 1911 (Reichsgesetzllatt^ 1913, p. 209), are extended to the ex- piration of six months after the termination of the state of war, but at the latest to June 30, 1916, provided they did not expire previous to July 31, 1914. The Imperial Chancellor shall determine the date when the state of war is to be considered as terminated. These provisions shall apply in favor of subjects of foreign coun- tries when and to the same extent as the priority time limits are pro- longed in such countries in favor of German subjects, as shall be certified by proclamation published in the Reichsgesetzblatt. GERMANY. 201 SEC. 2. This ordinance shall take effect the day of its promulgation. Berlin, May 7, 1915. (Signed) DELBRUCK, The Imperial Chancellor. (From 215, Official Gazette, 978, translation fvomReichsgesetzblatt, 1915, No. 56.) NOTICE OF MAY 7, 1915. [Patent Office notice of 7th May, 1915, concerning the prolongation of terms accorded to applicants domiciled abroad.] The terms given to applicants living abroad in matters relating to patents, utility models, and trade-marks have been prolonged in accordance with the competent authorities of the Patent Bureau, in so far as they have not been otherwise arranged for in particular cases, to wit : 1. Three months for applicants living in Europe. 2. Four months for applicants living in the United States of America. 3. Six months for applicants living in other countries outside of Europe. Berlin, 7th May, 1915. (Signed) ROBOLSKI, President of the Imperial Patent Bureau. FOREIGN PATENTS, TRADE-MARKS, ETC. RESTRICTION, SUPPRESSION, AND LICENSING OF AMERICAN-OWNED PATENTS IN GERMANY. [Translation. Deutscher Reichscvnzeiger, Jan. 5, 1918.] NOTICE CONCERNING FACILITIES IN THE MATTER OF INDUSTRIAL RIGHTS OF PROTECTION IN THE UNITED STATES OF AMERICA. (Of Jan. 3, 1918.) By reason of section 3 of the ordinance of the Federal Council con- cerning temporary facilities in the matter of patents, utility models (Gebrauchsmuster), and trade-marks of September 10, 1914 (Reichs- gesetzblatt, p. 403; 208 O. G., 339), notice is hereby given that sub- jects of the German Empire are granted similar facilities in the United States of America. Berlin, January 3, 1918. The IMPERIAL CHANCELLOR. DELBRUCK, Acting. 202 GERMANY. NOTICE CONCERNING INDUSTRIAL RIGHTS OF PROTECTION OF SUBJECTS OF THE UNITED STATES OF AMERICA. (Of Jan. 3, 1918.) By way of retaliation and by reason of paragraph 2, section 7, of the ordinance of the Federal Council concerning industrial rights of protection of subjects of enemj 7 States of July 1, 1915 (Reichsgesetz- ~blatt, p. 414; La Propriete Industrielle, 1915, p. 82), it is hereby ordered as follows: ARTICLE 1. The provisions of sections 1, 3, and 4 of the ordinance concerning industrial rights of protection of subjects of eneniy States of July 1, 1915, are hereby declared applicable to citizens of the United States of America. ART. 2. This notice shall go into force on the day of its publication. Berlin, January 3, 1918. The IMPERIAL CHANCELLOR. DELBRUCK, Acting. [Translation from La Propriete Industrielle of July 31, 1915, p. 2.] ORDINANCE CONCERNING THE RIGHTS OF SUBJECTS OF ENEMY COUN- TRIES IN THE MATTER OF INDUSTRIAL PROPERTY. (Of July 1, 1915.) By virtue of section 3 of the law of August 4, 1914, authorizing the Federal Council to adopt measures of an economic order, etc. (Reichsgesetzblatt, p. 327), the Federal Council ordains as follows: SECTION 1. The rights in the matter of patents, utility models, and trade-marks owned by subjects of enemy countries may be re- stricted or suppressed for the public interest by decision of the Imperial Chancellor. The latter may, in particular, grant to third parties the right to work and use the same. The decisions referred to may be of retroactive effect. They may at any time be modified and revoked. .SEC. 2. Applications originating with subjects of enemy countries shall not lead to the issue of patents nor to the registration of utility models or of trade-marks. The Patent Office may also suspend the official actions incumbent upon it under the terms of the law or tem- porarily interrupt pending procedures in the case of subjects of enemy countries. The President of the Patent Office may issue orders in this respect. SEC. 3. The application of this ordinance shall not be prevented by reason of the fact that the interests at issue may have been assigned to third parties since July 31, 1914, or that subjects of other countries GERMANY. 203 may have been interposed for the purpose of concealing the true legal situation. SEC. 4. With subjects of enemy countries are assimilated the sub- jects of the foreign colonies and possessions of such countries, persons who have their domicile or an establishment in the territory of such countries or of their colonies and foreign possessions, as well as corporate bodies, societies, and enterprises which have their head- quarters in the territories mentioned, or which are conducted or super- intended from such territories, or the profits of which are to be sent there in whole or in part. SEC. 5. The following countries are considered enemy countries in the meaning of this ordinance : England, France, and Russia. SEC. 6. The effects of patents owned by Russian subjects shall be considered to have terminated on March 11, 1915, under reservation of exclusive rights to work and use the inventions which may have been conferred upon subjects of other than enemy countries. Notice of such rights shall be given to the Patent Office and published in the ReichsgesetzUatt. Such rights shall not be effective unless brought to the notice of the Patent Office not later than September 30, 1915. The Empire is entitled to exact the compensation agreed upon for the assignment of the right. The payments shall be made to the funds of the Patent Office. The effect of rights conferred upon Russian subjects in the matter of working or utilizing patents shall be considered to have terminated from and after May 11, 1915. Applications for patents filed after March 11, 1915, shall not give rise to any right in favor of Russian subjects. The foregoing provisions (pars. 1 to 3) are applicable by analogy to utility models. SEC. 7. The Imperial Chancellor shall issue the necessary orders for carrying this ordinance into effect. He may transfer to some other authority the powers conferred upon him by section 1. The Imperial Chancellor may, by way of retaliation, declare this ordinance applicable, in whole or in part, to the subjects of other countries than those specified in section 5. SEC. 8. This ordinance shall go into force from the date of its publication (published July 2, 1915). The Imperial Chancellor shall decide when and to what extent it shall cease to be effective. Berlin, July 1, 1915. THE IMPERIAL CHANCELLOR, DELBRUCK, Acting. 204 GERMANY. PATENTS AMERICAN HOLDERS TAXES WAR MEASURES NOTE VER- BALE OF AUGUST 31, 1915. [Translation.] 123444.] In supplement to its note verb ale of December 14, 1914, 1 No. II M. 5095, the Foreign Office has the honor to communicate the following information to the Embassy of the United States of America : By virtue of the Bundesrat decrees of September 10. 1914 (Reichs- gesetzblatt, p. 403), and of March 31, 1915 (Reichsgesetzblatt^ p. 212), the President of the Imperial Patent Office is in a position to permit deferment of payment in the cases provided, upon applica- tion therefor, of the annaul dues chargeable according to section 8, paragraph 2, of the patent law for not more than nine months after the beginning of the current patent year, and to waive the additional charge (ibid., sec. 8, par. 3). He may permit further de- ferment of payment of dues already in abeyance to date from the period of the first deferment. As long as these decrees are in force, the president will make use of this authority in favor of citizens of the United States of America upon their application, unless par- ticularly important reasons stand in the way of so doing in indi- vidual cases. The Imperial Consulate General at New York and the Imperial con- sulates at Atlanta, Chicago, Cincinnati, Denver, New Orleans, Phila- delphia, San Francisco, Seattle, St. Louis, and St. Paul will be in- formed in the above sense and instructed at the same time, when accepting payments of patent dues to take the application for de- ferred payment in all cases where it may be made. Berlin, August 31, 1915. To the American Embassy, Berlin. (From 219 Official Gazette, 932.) [Notice of Oct. 10, 1915, from Royal Prussian Minister of War.] It is in the interests of the country to prevent any inventions made in the Empire which are of importance from a military standpoint, or for satisfying the elementary economic needs of our people, from reaching the knowledge of our enemies. For these reasons we instantly command those interested not to give information of this kind to foreign countries, enemies or neutrals, or those connected with them, by filing a patent application or by communicating with them in any manner whatsoever. If those interested have already obtained protection for these inventions in foreign coun- 1 See 13, P. & T. M. Rev., 144. GERMANY. 205 tries they must necessarily abstain from exploiting them, and pre- vent, so far as is possible, that exploitation is not effected by third persons. In the case where doubts exist on the question of know- ing if an invention belongs to one or other classes specified above, the Ministry of War will furnish the necessary information. Atten- tion is drawn to the penal clauses contained in section 1 of the law of June 3, 1914, and in section 89 of the penal code of the Empire. I NDUSTRTAL PROPERTY CONVENTION PRIORITY "WAR MEASURES" DECREE (AMENDATORY) or APRIL, 8, 1916. [Notification concerning extended priority terms.] By virtue of Article 3 of the law concerning the authorization of the Federal Council for taking economic measures, etc., of August 4, 1914 (Reichsgesetzblatt, p. 327), the Federal Council has decreed as follows : In paragraph 1 of Article 1 of the decree of May 7, 1915 (Reichs- gesetzblatt, p. 272), concerning the prolongation of the priority terms provided for in Article 4 of the Revised Convention of Paris for the Protection of Industrial Property, of June 2, 1911, the words "but latest to June 30, 1916," are deleted. This decree becomes effective from the day of its publication. Berlin, April 8, 1916. PATENTS GEBRAUCHSMUSTER TRADE MARKS TAXES PUBLICA- TION TEMPORARY RELIEF " WAR MEASURES " DECREE (AMEND- ATORY) OF APRIL 13, 1916. [Translation.] [Notification concerning measures for relief in patent, Gebrauchsmuster, and trade-mark matters.] By virtue of Article 3 of the law concerning the authorization of the Federal Council for taking economic measures, etc., of August 4, 1914 (Reichsgesetz'blatt, p. 327), the Federal Council has decreed as follows : ARTICLE 1. In Article 2 of the decree concerning temporary relief measures in matters relating to patent, Gebrauchsmuster, and trade- mark rights, of September 10, 1914 (Reichsgesetzblatt, p. 403), the second sentence is deleted and the following paragraph 2 is added : " The reinstatement must be applied for within a term of two months from the discontinuance of the obstacle. The Chancellor of the Empire shall determine at what period the petition may no longer 206 GERMANY. be allowed. The provisions of Article 236 and following of the regulation for civil procedure shall be correspondingly applied." ART. 2. The publication of the patent application may, after the expiration of the time provided for in paragraph 1, of Article 4, of the decree of March 31, 1915, concerning additional relief measures in matters relative to patent and Gebrauchsmuster rights (Reichs- gesetzblatt, p. 212), be yet delayed longer. The Chancellor of the Empire shall determine upon the duration of suspension. ART. 3. This decree becomes effective on the day of its publica- tion. The Chancellor of the Empire shall determine upon the day on which it shall become inoperative. (From Reichsgesetsiblatt, 1916, p. 278.) Berlin, April 13, 1916. PATENTS GEBRAUCHSMUSTER TRADE-MARKS " WAR MEASURES "- NOTICE OF DECEMBER 28, 1916. [Translation.] [Notice concerning the payment, in enemy countries, of taxes relative to industrial prop- erty.] The disposition of the notices of October 13, 1914, December 16, 1914, and October 17, 1916 (Reichsgeset&Uatt, Oct. 14, 1914, Dec. 16, 1914, and Oct. 18, 1916), according to the terms of which payments necessary for obtaining, preserving, or prolonging the legal protec- tion in patent, Gebrauchsmuster, and trade-mark matters, are not subject, until new order, to the prohibition of making payments in England, France, Russia, and Roumania, shall be applied only to rights belonging to subjects of the Empire, of countries that are allied thereto, and to neutral countries. Berlin, December 28, 1916. (Signed) DR. HELFFERICH, Deputy Chancellor of the Empire. (Translated from 33 La Propriete Industrielle, 69, which credits Rtichsgesetzblatt) No. 304, of Dec. 28, 1916.) INDUSTRIAL PROPERTY GERMAN HOLDERS IN ENEMY COUNTRIES " WAR MEASURES "-INQUIRY OF IMPERIAL GERMAN PATENT OF- FICE NOTICE. [Translation.] According to German papers, the President of the Patent Office has published the following notice : Several of the countries at war with Germany have issued provisions having for their aim to annul or suspend rights in patent, Gebrauchsmuster, and GEKMANY. 207 trade-mark rights that, according to the laws in force in those countries, belong to Germans. The information that we have concerning the manner in which these provisions are applied is incomplete. It is therefore desirable and nec- essary in the interest of those that this concerns that the particular cases in which the rights of Germans have actually been injured as to industrial prop- erty be established exactly and completely. The Imperial Patent Office has been authorized to prepare a complete list in this regard. For this, the collaboration of those interested is indispensable. In consequence, the owners of patents. Gebrauchsmuster, and trade-marks protected in enemy countries are invited to inform the Patent Office as early as possible of each official interference brought against their rights those already brought, as well as those that shall occur later. If the decisions reached can not be produced in the original or by a copy, a clear and precise indication of the state of facts is, necessary and sufficient. There should be particularly indicated the country that has granted the right, the object and duration of this latter, as well as the date of the decision ren- dered against the parties interested, the authority from whom it emanates, and its essentiiil contents (nature and term of the restriction, compensation required, amount of the license). There is no question here of damages to be claimed by the parties interested. Communications on this subject should be addressed to the Imperial Patent Office, Berlin. (From 32 La Propriete Industrielle, Dec., 1916, p. 145.) PATENTS GEBRAUCHSMUSTER OF INTEREST TO NATIONAL DEFENSE PUBLICATION PROHIBITED " WAR MEASURE " NOTICE No. 5702, OF FEBRUARY 8, 1917. [Translation.] [Notice prohibiting proceedings for the publication of certain patents of invention and Gebrauchsmuster. ] By virtue of section 3 of the law of August 4, 1914, authorizing the Federal Council to take measures of economic order, etc. (Reichs- gesetzblatt, 327), the Federal Council has decreed as follows: SECTION 1. The delivery of a patent shall be made without any publication when the Patent Office, after having heard the Adminis- tration of the Army and the Navy, shall consider that the invention ought to remain secret in the interest of the national defense or for the prosecution of the war (Kriegswirtschaft). The same rule shall be applied in whatever concerns the registra- tion of Gebrauchsmuster. The patent shall be recorded in a special volume of the register of patents and the Gebrauchsmuster in a special volume of the register of Gebrauchsmuster (war register). The contents of the war register shall not be published. Under reservation of the pro- visions of section 2 it shall not be permitted to examine the war register or of the documents relative to the application after the patent has been delivered or the Gebrauchsmuster has been regis- tered. SEC. 2. The Administration of the Army and Navy is at liberty to examine the war register, as well as the documents relative to the 9316919 14 208 GERMANY. deposit of applications for patents and Gebrauchsmuster that con- cern the national defense or the prosecution of the war. On petition the Patent Office may, with the consent of the Admin- istration of the Army and Navy, permit other persons to examine the war register, as well as the documents relative to patents delivered and Gebrauchsmuster registered in accordance with section 1. SEC. 3. If, after having heard the Administration of the Army and Navy, the Patent Office esteems that it is no longer necessary to keep secret the patent or the Gebrauchsmuster, the subsequent procedure shall be governed by the ordinary legal provisions. SEC. 4. Whoever illegally examines the war register or documents filed by virtue of which a patent has been delivered or a Gebrauchs- muster has been registered, in accordance with section 1, or furnishes to a third party the opportunity to examine same, or communi- cates the contents thereof to a third party, shall be punished by imprisonment up to one year and a fine up to 5,000 marks, or either of these two penalties. Attempt at same is punishable. SEC. 5. The present decree shall become effective the day of its publication. The Chancellor of the Empire shall fix the day whereon it shall cease to be of effect. Berlin, February 8, 1917. (Signed) Dr. HELFFERICH. (From 33 La Propriete Industrielle, 18, of Feb. 28, 1917.) INDUSTRIAL PROPERTY ALIEN ENEMIES RIGHTS WAR MEASURES- DECREE (AMENDATORY) No. 5679, OF FEBRUARY 25, 1917. [Translation.] By virtue of section 8 of the decree concerning the rights of sub- jects of enemy countries in matters of industrial" property, of July 1, 1915 (ReichsgesetzbUtt, 414), it is declared by these presents that said decree, in so far as it concerns Russia and Russian subjects, ceases to be in force with regard to the territories at present com- prised within the Government General of Warsaw and the military Government General of Lubin, dating from the day whereon the present notice shall be published, under reservation, however, that : (1) Whoever shall have made use in the country, during the time comprised between March 11, 1915, and the said date, of an object whereon protection shall have ceased (sec. 6 of above-cited de- cree) , or shall have taken the measures necessary for the use of this object, shall preserve the faculty of making use thereof for the needs of hi; own establishment. GERMANY. 209 (2) The rights acquired during the same time by subjects of coun- tries other than enemy countries (sec. 5 of the above-cited decree) shall be respected. Berlin, January 25, 1917. (Signed) Dr. HELFFERICH, Deputy Chancellor of the Empire. (From 33 La Propriete Industrielle, 17, of Feb. 28, 1917.) IN DL STRI AL PROPERTY APPLICATION 8 CON VEX TION PRIORITY AMERICAN HOLDERS STATUS AS CONCERNS WAR MEASURES NOTICE No. 5843 OF MAY 5, 1917. [Translation.] [Notice concerning the prolongation of terms of priority to the United States of America.] By virtue of section 1, paragraph 2, of the decree of the Federal Council of May 7, 1915, concerning the extension of the terms of priority provided for by Article 4 of the revised Convention of Paris, June 2, 1911, for the protection of industrial property (Reichsgesetz- blatt, p. 272), it is thereby declared that in the United States of America the terms of priority, in so far as they have not expired prior to August 1, 1914, or will not expire after December 31, 1917, are prolonged in favor of subjects of countries that grant sub- stantially the same rights to United States citizens, even also in favor of German subjects, for a period of nine months. However, this prolongation is granted only when the applicant, by reason of the state of war, has been prevented from observing the term, and it does not apply if and so long as the state of war exists between the country to which the applicant is a subject and the United States of America. Berlin, May 5, 1917. (Signed) Dr. HELFFERICH, Vice Chancellor of the Empire. (Translation from 33 La Propriete Indus trielle* 57.) PATENTS TRADE MARKS AMERICAN HOLDERS ABROGATION OF CER- TAIN FACILITIES, " WAR MEASURES "- NOTICE No. 5844 OF MAY 6, 1917. [Translation.] L Notice concerning the abrogation of certain temporary facilities accorded to the United States of America in patent and trade-mark matters.] The notice of October 21, 1914 (Reichsgesetzblatt, p. 450), is abro- gated in so far as it declares that German subjects enjoy, in the 210 GERMANY. United States, facilities analogous to those provided for bj the de- cree of the Federal Council, September 10, 1914, concerning tem- porary facilities granted in the domain of patents, Gebrauchsmuster, and trade-marks (Reichsgesetzblatt, p. 403). Berlin, May 6, 1917. (Signed) Dr. HELFFERICII, Vice Chancellor of the Empire. INDUSTRIAL PROPERTY FEES IN THE UNITED STATES PROHIBITION OF PAYMENT DECREE OF AUGUST 9, 1917 EFFECTIVE AUGUST 13, 1917. [Translation.] [Decree prohibiting the making of payments in the United States of America.] By virtue of the provisions of section 3 of the law of August 4, 1914, authorizing the Federal Council to take measures of economic order, etc. (Reichsgesetzblatt, p. 327), the Federal Council has de- creed by way of reprisal the following dispositions : ARTICLE 1. The prescriptions of the decree of September 30, 1914, prohibiting the making of payments in England are declared ap- plicable to the United States of America. This application is subject to the following restrictions : 1. In order to determine whether the relief extends its effects to the holder, acquirer, or not (see. 2, par. 2, of the decree of Sept. 30, 1914), the only question to be considered is that of knowing whether the acquisition has been effected prior to or after April 6, 1917, without taking account of the domicile or location of the establishment of the acquirer. 2. The dispositions that concern the entry int6 force of the decree of September 30, 1914, are replaced by those that concern the entry into effect of the present decree. ART. 2. The Chancellor of the Empire may, by way of reprisal, declare the provisions decreed against enemy States applicable to other countries. ART. 3. The present decree shall become of effect from the date of its publication. 1 The Chancellor of the Empire shall determine at what date and to what degree it shall cease to be of effect. Berlin. August 9, 1917. (Signed) DR. HELFFERICH, Vice Chancellor of the Empire. (From 33 La Propriete Industrielle, 105.) 1 Published in Reichsgesetzblatt, No. 191, of August 13, 1917. QEEMANY. 211 INDUSTRIAL PROPERTY FEES IN THE UNITED STATES PERMISSION OF PAYMENT DECREE OF SEPTEMBER 12, 1917. [Translation.] [Decree permitting the effecting in the United States of America of payments relative to industrial property (of Sept. 12, 1917).] By virtue of Article 1, paragraph 1, of the decree of the Federal Council (Bundesrath) of August 9, 1917, interdicting the making of payments in the United States of America (Reichsgesetzblatt, No. 708), and of section 7, paragraph 1, of the decree of September 30, 1914 (Reitihsgesetzblott, No. 421), the payments prescribed for ob- taining, preserving, or prolonging the protection obtained in America in the matter of patents, designs, or models, or of trade-marks for subjects of the Empire, of allied countries, and of neutral States, shall be authorized under new order. Berlin, September 12, 1917. (Signed) DR. HELFFERICH, Vice Chancellor of the Empire. (From 33 La Propriete IndustrieUe, 117, which credits Reichs- gewtzllatt, No. 217, of Sept. 12, 1917.) INDUSTRIAL PROPERTY GERMAN HOLDERS NOTIFICATION OF STATUS IN UNITED STATES DECREE No. 6199, OF JANUARY 3, 1918. [Translation.] [Decree concerning the facilities granted in the United States of America in industrial property matters.] By virtue of section 3 of the decree of the Bundesrat of September 10. 1914, concerning the temporary facilities accorded in the domain of patents, Gebrauchsmuster, and trade-marks (Reichsgestzblatt, p. 403), notice is given that in the United States analagous facilities are granted to subjects of the German Empire. Berlin, January 3, 1918. By order of the Chancellor of the Empire. (Signed) DELBRUCK. (From 34 La Propriete Industrielle, 2.) INDUSTRIAL PROPERTY. AMERICAN HOLDERS. RELIEF MEASURES. RECIPROCITY WITH UNITED STATES. " WAR MEASURES." DECREE No. 6200, OF JANUARY 3, 1918. [Translation.] [Decree concerning the rights of citizens of the United States in industrial property matters.] By virtue of section 7, paragraph 2, of the decree of the Bun- desrat of July 1, 1915, concerning the rights of the subjects of 212 GERMANY. enemy countries in industrial property matters (Reichsgesetzblatt, p. 414), the following is ordered by way of reprisal: ARTICLE 1. The prescriptions of sections 1, 3, and 4 of the decree of July 1, 1915, concerning the rights of the subjects of enemy coun- tries in industrial property matters are declared applicable to citi- zens of the United States of America. ART. 2. The present decree shall become effective from the date of its publication. Berlin, January 3, 1918. By order of the Chancellor of the Empire. (Signed) DELBRUCK. (From 34 L a Proprlete Industrielle, 2.) INDUSTRIAL, PROPERTY APPLICATIONS CONVENTION PRIORITY AMERICAN HOLDERS RECIPROCAL RELIEF " WAR MEASURES " DECREE No. 6198, or JANUARY 3, 1918. [Translation.] [Decree concerning the extension of the terras of priority as to the United States of America.] By virtue of section 1, paragraph 2, of the decree of the Bun- desrat of May 7, 1915, concerning the extension of the terms of priority provided for by Article 4 of the revised Convention of Paris of June 2, 1911, for the protection of industrial property (Reichs- gesetzblatt, p. 272), the decree of May 5, 1917, concerning the pro- longation of the terms of priority as to the United States of America (Reichsgeset&blcutt) p. 401), is modified to the effect that in the first phrase the words " or will not expire after December 31, 1917," and in the second phrase the words " and it does not apply if and so long as the state of war exists between the country to which the applicant is a subject and the United States of America " are deleted. Berlin, January 3, 1918. By order of the Chancellor of the Empire. ( Signed ) DELBRUCK. (From 34 La Propriete Industrielle, 2.) GREAT BRITAIN, IRELAND, AND THE ISLE OF MAN. [A. D. 1623. 21 James I.] GAP. III. An act concerning monopolies and dispensations with penal laws, and the forfeitures thereof. For as much as your most excellent Majesty, in your royal judg- ment and of your blessed disposition to the weal and quiet of your subjects, did in the year of our Lord 1610, publish in print to the whole realm and to all posterity, that all grants of monopolies and of the benefit of any penal laws, or of power to dispense with the law or to compound for the forfeiture, are contrary to Your Majesty's laws, which Your Majesty's declaration is truly consonant and agreeable to the ancient and fundamental laws of this your realm, (2) and whereas Your Majesty was further graciously pleased ex- pressly to command, that no suitor should presume to move Your Majesty for matters of that nature, (3) yet nevertheless upon mis- informations and untrue pretenses of public good many such grants have been unduly obtained, and unlawfully put in execution to the great grievance and inconvenience of Your Majesty's subjects con- trary to the laws of this your realm and contrary to Your Majesty's most royal and blessed intention so published as aforesaid, (4) for avoiding ^lereof and preventing of the like in time to come may it please Your Excellent Majesty at the humble, suit of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, that it may be declared and enacted (5) and be it de- clared and enacted by authority of this present Parliament that all monopolies and all commissions, grants, licenses, charters, and let- ters patents heretofore, made or granted or hereafter to be made or granted to any person or persons bodies politic or corporate what- soever or for the sole buying, selling, making, working, or using of anything within this realm or the Dominion of Wales, (6) or of any other monopolies or of power, liberty of faculty to dispense with any others or to give license or toleration to do, use, or exercise any- thing against the tenor or purport of any law or statute, (7) or to give or make any warrant for any such dispensation, license, or toleration to be had or madfe or to agree to compound with any others for any penalty or forfeitures limited by any statute or of any grant or promise of the benefit, profit, or commodity of any forfeiture, penalty, or sum of money that is or shall be due by any 214 GREAT BRITAIN. statute before judgment thereupon had, (8) and all proclamations, inhibitions, restraints, warrants of assistance, and all other matters and things whatsoever anyway tending to the institution, erecting, strengthening, furthering, or countenancing of the same or any of them, (9) are altogether contrary to the laws of this realm and so are and shall be utterly void and of none effect and in no wise to be put in use or execution. * * * * * * * SEC. 6. Provided also and be it declared and enacted, That any declaration before mentioned shall not extend to any letters patents and grants of privilege for the term of fourteen years or under here- after to be made of the sole working or making of any manner of new manufactures within this realm to the true and first inventor and inventors of such manufactures which others at the time of making such letters patents and grants shall not use, so as also they be not contrary to the law nor mischievous to the State by raising prices of commodities at home, or hurt of trade, or generally inconvenient, the said fourteen years to be accounted from the date of the first letters patent or grant of such privilege hereafter to be made, but that the same shall be of such force as they should be if this Act had never been made and of none other. [7 Edw. 7, Ch. 29.] An Act to consolidate the enactments relating to patents for inventions and the registration of designs and certain enactments relating to trade-marks (so far as it relates to patents). [28th August, 1907.] Be it enacted by the King's most Excellent Majesty, ~by and with the advice and consent of the Lords Spiritual and Temporal* and Com- mons, in this present Parliament assembled, and by the authority of the same, as follows: PART I. PATENTS. APPLICATION FOR AND GRANT OF PATENT. Application. 1. (1) An application for a patent may be made by any person who claims to be the true and first inventor of an invention, whether he is a British subject or not, and whether alone or jointly with any other person. (2) The application must be made in the prescribed form, and must be left at, or sent by post to, the Patent Office in the prescribed manner. (3) The application must contain a declaration to the effect that the applicant is in possession of an invention, whereof he, or in the case of a joint application one at least of the applicants, claims to be GREAT BRITAIN. 215 the true and first inventor, and for which he desires to obtain a pat- ent, and must be accompanied by either a provisional or complete specification. (4) The declaration required by this section may be either a statu- tory declaration or not, as may be prescribed. Specifications. 2. (1) A provisional specification must describe the nature of the invention. (2) A complete specification must particularly describe and ascer- tain the nature of the invention and the manner in which the same is to be performed. (3) In the case of any provisional or complete specification, where the comptroller deems it desirable, he may require that suitable drawings shall be supplied with the specification, or at any time before the acceptance of the same, and such drawings shall be deemed to form part of the said specification. (4) A specification, whether provisional or complete, must com- mence with the title, and in the case of a complete specification must end with a distinct statement of the invention claimed. (5) Where the invention in respect of which an application is made is a chemical invention, such typical samples and specimens as may be prescribed shall, if in any particular case the comptroller considers it desirable so to require, be furnished before the accept- ance of the complete specification. Proceedings upon application. 3. (1) The comptroller general of patents, designs, and trade- marks (hereinafter referred to as the comptroller) shall refer every application to an examiner. (2) If the examiner reports that the nature of the invention is not fairly described, or that the application, specification, or draw- ings have not been prepared in the prescribed manner, or that the title does not sufficiently indicate the subject matter of the inven- tion, the comptroller may refuse to accept the application or re- quire that the application, specification, or drawings be amended be- fore he proceeds with the application; and in the latter case the application shall, if the comptroller so directs, bear date as from the time when the requirement is complied with. (3) Where the comptroller refuses to accept an application or re- quires an amendment, the applicant may appeal from his decision to the law officer, who shall, if required, hear the applicant and the comptroller, and may make an order determining whether and subject to what conditions (if any) the application shall be accepted. 216 GREAT BRITAIN. (4) The comptroller shall, when an application has been accepted,, give notice thereof to the applicant. Provisional protection Time for leaving complete specification. 4. Where an application for a patent in respect of an invention has been accepted, the invention may during the period between the date of the application and the date of sealing such patent be used and published without prejudice to the patent to be granted for the in- vention; and such protection from the consequences of use and pub- lication is in this Act referred to as provisional protection. 5. (1) If the applicant does not leave a complete specification with his application, he may leave it at any subsequent time within six months from the date of the application: Provided, That where an application is made for an extension of the time for leaving a com- plete specification, the comptroller shall, on payment of the pre- scribed fee, grant an extension of time to the extent applied for but not exceeding one month. (2) Unless a complete specification is so left the application shcnll be deemed to be abandoned. Comparison of provisional and complete specification. 6. (1) Where a complete specification is left after a provisional specification, the comptroller shall refer both specifications to an examiner. (2) If the examiner reports that the. complete specification has not been prepared in the prescribed manner, the comptroller may refuse to accept the complete specification until it has been amended to his satisfaction. (3) If the examiner reports that the invention particularly de- scribed in the complete specification is not substantially the same as that which is described in the provisional specification, the comp- troller may (a) Refuse to accept the complete specification until it has been amended to his satisfaction; or (&) (with the consent of the applicant) Cancel the provisional specification and treat the application as having been made on the date at which the complete specification was left, and the application shall have effect as if made on that date : Provided. That where the complete specification includes an inven- tion not included in the provisional specification, the comptroller may allow the original application to proceed so far as the invention included both in the provisional and in the complete specification is concerned, and treat the claim for the additional invention included GREAT BRITAIN. 217 in the complete specification as an application for that invention made on the date at which the complete specification was left. (4) A refusal of the comptroller to accept a complete specification shall be subject to appeal to the law officer, who shall, if required, hear the applicant and the comptroller and may make an order determining whether and subject to what conditions (if any) the complete specification shall be accepted. (5) Unless a complete specification is accepted within twelve months from the date of the application, the application shall (ex- cept where an appeal has been lodged) become void: Provided, That Avhere an application is made for an extension of time for the acceptance of a complete specification, the comptroller shall, on pay- ment of the prescribed fee, grant an extension of time to the extent applied for but not exceeding three months. Investigation of previous specifications in United Kingdom on appli- cations for patents. 7. (1) Where an application for a patent has been made and a complete specification has been left, the examiner shall, in addition to the other inquiries which he is directed to make by this Act, make a further investigation for the purpose of ascertaining whether the invention claimed has been wholly or in part claimed or described in any specification (other than a provisional specification not followed by a complete specification) published before the date of the applica- tion, and left pursuant to any application for a patent made in the United Kingdom within fifty years next before the date of the application. (2) If on investigation it appears that the invention has been wholly or in part claimed or described in any such specification, the applicant shall be informed thereof, and the applicant may, within such time as may be prescribed, amend his specification, and the amended specification shall be investigated in like manner as the original specification. (3) If the comptroller is satisfied that no objection exists to the specification on the ground that the invention claimed thereby has been wholly or in part claimed or described in a previous specifica- tion as before mentioned, he shall, in the absence of any other lawful ground of objection, accept the specification. (4) If the comptroller is not so satisfied, he shall, after hearing the applicant, and unless the objection is removed by amending the specification to the satisfaction of the comptroller, determine whether a reference to any, and, if so, what prior specifications ought to be made in the specification by way of notice to the public: Provided, That the comptroller, if satisfied that the invention claimed has been 218 GBEAT BBJTAIN. wholly and specifically claimed in any specification to which the investigation has extended, may, in lieu of requiring references to be made in the applicant's specification as aforesaid, refuse to grant a patent. (5) An appeal shall lie from the decision of the comptroller under this section to the law officer. (6) The investigations and reports required by this section shall not be held in any way to guarantee the validity of any patent, and no liability shall be incurred by the Board of Trade or any officer thereof by reason of, or in connection with, any such investigation or report, or any proceeding consequent thereon. Investigation of specifications published subsequently to application. 8. (1) An investigation under the last preceding section shall extend to specifications published after the date of the application in respect of which the investigation is made, and being specifications which have been deposited pursuant to prior applications ; and that section shall, subject to rules under this Act, have effect accordingly. (2) Where, on such an extended investigation, it appears that the invention claimed in the specification deposited pursuant to an appli- cation is wholly or in part claimed in any published specification deposited pursuant to a prior application, the applicant shall, whether or not his specificatin has been accepted or a patent granted to him, be afforded such facilities as may be prescribed for amending his specification, and in the event of his failing to do so the comp- troller shall, in accordance with such procedure as may be prescribed, determine what reference, if any, to other specifications ought to be made in his specification by way of notice to the public. (3) For the purpose of this section an application shall be deemed to be prior to another application if the patent applied for when granted would be of prior date to the patent granted pursuant to that other application. (4) This section shall come into operation at such date as the Board of Trade may by order direct, and shall apply only to applica- tions made after that date, and the order shall be laid before both Houses of Parliament. Advertisement on acceptance of complete specification. 9. On the acceptance of the complete specification the comptroller shall advertise the acceptance; and the application and specifications with the drawings (if any) shall be open to public inspection. Effect of acceptance of complete specification. 10. After the acceptance of a complete specification and until the date of sealing a patent in respect thereof, or the expiration of the GREAT BRITAIN. 219' time for sealing, the applicant shall have the like privileges and rights as if a patent for the invention had been sealed on the date of the acceptance of the complete specification: Provided, That an applicant shall not be entitled to institute any proceeding for in- fringement until a patent for the invention has been granted to him., Opposition to grant of patent. 11. (1) Any person may at any time within two months from the- date of the advertisement of the acceptance of a complete specifica- tion give notice at the Patent Office of opposition to the grant of the patent on any of the following grounds : (a) That the applicant obtained the invention from him, or from i person of whom he is the legal representative; or (&) That the invention has been claimed in any complete speci- fication for a British patent which is or will be of prior date to the patent the grant of which is opposed, other than a specification deposited pursuant to an application made more than fifty years before the date of the application for such last-mentioned patent; or (c) That the nature of the invention or the manner in which it is to be performed is not sufficiently or fairly described and ascertained in the complete specification ; or (d) That the complete specification describes or claims an inven- tion other than that described in the provisional specification, and that such other invention forms the subject of an application made by the opponent in the interval between the leaving of the provisional specification and the leaving of the complete specification, but on no other ground. (2) Where such notice is given the comptroller shall give notice of the opposition to the applicant, and shall, on the expiration of those two months, after hearing the applicant and the opponent, if desirous of being heard, decide on the case. (3-) The decision of the comptroller shall be subject to appeal to the law officer, who shall, if required, hear the applicant and the opponent, if the opponent is, in his opinion, a person entitled to be heard in opposition to the grant of the patent, and shall decide the case; and the law officer may, if he thinks fit, obtain the assistance of an expert, who shall be paid such remuneration as the law officer with the consent of 'the treasury may determine. Grant and sealing of patent. 12. (1) If there is no opposition, or, in case of opposition, if the determination is in favor of the grant of a patent, a patent shall, on payment of the prescribed fee, be granted to the applicant, or in the 220 GREAT BRITAIN. case of a joint application to the applicants jointly, and the comp- troller shall cause the patent to be sealed with the seal of the Patent Office. (2) A patent shall be sealed as soon as may be, and not after the expiration of fifteen months from the date of application, provided that (a) Where the comptroller has allowed an extension of the time within which a complete specification may be left or accepted, a further extension of four months after the said fifteen months shall be allowed for the sealing of the patent. (&) Where the sealing is delayed by an appeal to the law officer, or by opposition to the grant of the patent, the patent may be sealed at such time as the law officer may direct. (c) Where the patent is granted to the legal representative of an applicant who has died before the expiration of the time which would otherwise be allowed for sealing the patent, the patent may be sealed at any time within twelve months after the date of his death. (d) Where in consequence of the neglect or failure of the appli- cant to pay any fee a patent can not be sealed within the period allowed by this section, that period may, on payment of the pre- scribed fee and on compliance with the prescribed conditions, be extended to such an extent as may be prescribed, and this provision shall, in such cases as may be prescribed and subject to the prescribed conditions, apply where the period allowed for the sealing of the patent has expired before the commencement of this Act. Date of patent. 13. Except as otherwise expressly provided by this Act, a patent shall be dated and sealed as of the date of the application : Provided, That no proceedings shall be taken in respect of an infringement committed before the publication of the complete specification. Effect, extent, and form of patent. 14. (1) A patent sealed with the seal of the Patent Office shall have the same effect as if it were sealed with the Great Seal of the United Kingdom, and shall have effect throughout the United Kingdom and the Isle of Man: Provided, That a patentee may assign his patent for any place in or part of the United 'Kingdom, or Isle of Man, as effectually as if the patent were originally granted to extend to that place or part only. (2) Every patent may be in the prescribed form and shall be granted for one invention only, but the specification may contain more than one claim; and it shall not be competent for any person GREAT BRITAIN. 221 in an action or other proceeding to take any objection to a patent on the ground that it has been granted for more than one invention. Fraudulent applications for patents. 15. (1) A patent granted to the true and first inventor shall not be invalidated by an application in fraud of him, or by provisional protection obtained thereon, or by any use or publication of the in- vention subsequent to that fraudulent application during the period of provisional protection. (2) Where a patent has been revoked on the ground of fraud, the comptroller may, on the application of the true inventor made in accordance with the provisions of this Act, grant to him a patent in lieu of and bearing the same date as the patent so revoked : Provided^ That no action shall be brought for any infringement of the patent so granted committed before the actual date when such patent was granted. Single patent for-cognate inventions. 16. (1) Where the same applicant has put in two or more provi- sional specifications for inventions which are cognate or modifications one of the other, and has obtained thereby concurrent provisional pro- tection for the same, and the comptroller is of opinion that the whole of such inventions are such as to constitute a single invention and may properly be included in one patent, he may accept one complete specification in respect of the whole of such applications and grant a single patent thereon. (2) Such patent shall bear the date of the earliest of such applica- tions, but in considering the validity of the same and for the purpose of the provisions of this Act with respect to oppositions to the grant of patents, the court or the comptroller, as the case may be, shall have regard to the respective dates of the provisional specifications relating to the several matters claimed therein. TERM OF PATENT. 17. (1) The term limited in every patent for the duration thereof shall, save as otherwise expressly provided by this Act, be fourteen years from its date. (2) A patent shall, notwithstanding anything therein or in this Act, cease if the patentee fails to pay the prescribed fees within the prescribed times : Provided, That the comptroller, upon the appli- cation of the patentee, shall, on receipt of such additional fee, not exceeding 10, as may be prescribed, enlarge the time to such an extent as may be applied for, but not exceeding three months. 222 GREAT BRITAIN. (3) If any proceeding is taken in respect of an infringement of the patent committed after a failure to pay any fee within the prescribed time, and before any enlargement thereof, the court before which the proceeding is proposed to be taken may, if it thinks fit, refuse to award any damages in respect of such infringement. Extension of term of patent. 18. (1) A patentee may, after advertising in manner provided by rules of the Supreme Court his intention to do so, present a petition to the court praying that his patent may be extended for a further term, but such petition must be presented at least six months before the time limited for the expiration of the patent. (2) Any person may give notice to the court of objection to the extension. (3) On the hearing of any petition under this section the patentee and any person who has given such notice of objection shall be made parties to the proceeding, and the comptroller shall be entitled to appear and be heard, and shall appear if so directed by the court. (4) The court, in considering its decision, shall have regard 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. (5) If it appears to the court that the patentee has been inade- quately remunerated by his patent, the court may by order extend the term of the patent for a further term not exceeding seven, or, in exceptional cases, fourteen years, or may order the grant of a new patent for such term as may be specified in the order and containing any restriction, conditions, and provisions the court may think fit. Patents of addition. 19. (1) Where a patent for an invention has been applied for or granted, and the applicant or the patentee, as the case may be, applies for a further patent in respect of any improvement in or modification of the invention, he may, if he thinks fit, in his application for the further patent, request that the term limited in that patent for the duration thereof be the same as that of the original patent or so much of that term as is unexpired. (2) Where an application containing such a request is made, a patent (hereinafter referred to as a patent of addition) may be granted for such term as aforesaid. (3) A patent of addition shall remain in force so long as the patent for the original invention remains in force, but no longer, and in respect of a patent of addition no fees shall be payable for renewal. GEE AT BRITAIN. 223 (4) The grant of a patent of addition shall be conclusive evidence that the invention is a proper subject for a patent of addition, and the validity of the patent shall not be questioned on the ground that the invention ought to have been the subject of an independent patent. RESTORATION OF LAPSED PATENTS. 20. (1) Where any patent has become void owing to the failure of the patentee to pay any prescribed fee within the prescribed time, the patentee may apply to the comptroller in the prescribed manner for an order for the restoration of the patent. (2) Every such application shall contain a statement of the cir- cumstances which have led to the omission of the payment of the prescribed fee. (3) If it appears from such statement that the omission was un- intentional and that no undue delay has occurred in the making of the application, the comptroller shall advertise the application in the prescribed manner, and within such time as may be prescribed any person may give notice of opposition at the Patent Office. (4) Where such notice is given the comptroller shall notify the applicant thereof. (5) After the expiration of the prescribed period the comptroller shall hear the case and, subject to an appeal to the court, issue an order either restoring the patent or dismissing the application: Piwided, That in every order under this section restoring a patent such provisions as may be prescribed shall be inserted for the pro- tection of persons who may have availed themselves of the subject matter of the patent after the patent had been announced as void in the illustrated official journal. AMENDMENT OF SPECIFICATION. Amfndm&it of specification ~by comptroller. 21. (1) An applicant or a patentee may at any time, by request in writing left at the Patent Office, seek leave to amend his specifica- tion, including drawings forming part thereof, by way of disclaimer, correction, or explanation, stating the nature of, and the reasons for, the proposed amendment. (2) The request and the nature of the proposed amendment shall be advertised in the prescribed manner, and at any time within one month from its first advertisement any person may give notice at the Patent Office of opposition to the amendment. (3) Where such a notice is given the comptroller shall give notice of the opposition to the person making the request, and shall hear and decide the case. 9316919 15 224 GEE AT BRITAIN. (4) Where no notice of opposition is given, or the person so giv- ing notice of opposition does not appear, the comptroller shall de- termine whether and subject to what conditions, if any, the amend- ment ought to be allowed. (5) The decision of the comptroller in either case shall be subject to an appeal to the law officer, who shall, if required, hear the person making the request to amend and, where notice of opposition has been given, the person giving that notice, if he is, in the opinion of the law officer, entitled to be heard in opposition to the request, and, where there is no opposition, the comptroller, and may make an order determining whether and subject to what conditions (if any) the amendment ought to be allowed. (6) No amendment shall be allowed that would make the specifi- cation, as amended, claim an invention substantially larger than or substantially different from the invention claimed by the specification as it stood before amendment. (7) Leave to amend shall be conclusive as to the right of the party to make the amendment allowed, except in case of fraud; and the amendment shall be advertised in the prescribed manner, and shall in all courts and for all purposes be deemed to form part of the specification. (8) This section shall not apply when and so long as any action for infringement or proceeding before the court for the revocation of a patent is pending. Amendment of specif cation by the court. 22. In any action for infringement of a patent or proceedings be- fore a court for the revocation of a patent the court may by order allow the patentee to amend his specification by way of disclaimer in such manner, and subject to such terms as to costs, advertisement or otherwise, as the court may think fit : Provided, That no amend- ment shall be so allowed that would make the specification, as amended, claim an invention substantially larger than, or sub- stantially different from, the invention claimed by the specification as it stood before the amendment, and where an application for such an order is made to the court notice of the application shall be given to the comptroller, and the comptroller shall have the right to ap- pear and be heard, and shall appear if so directed by the court. Restriction on recovery of damages. 23. Where an amendment of a specification by way of disclaimer, Ti rocticn. or explanation, has been allowed under this Act, no dnm- :: shall be given in any action in respect of the use of the invention GREAT BRITAIN. before the disclaimer, correction, or explanation, unless the patentee establishes to the satisfaction of the court that his original claim was framed in good faith and with reasonable skill and knowledge. COMPULSORY LICENSES AND REVOCATION. 24. (1) Any person interested may present a petition to the Board of Trade alleging that the reasonable requirements of the public with respect to a patented invention have not been satisfied, and praying for the grant of a compulsory license, or, in the alternative, for the revocation of the patent. (2) The Board of Trade shall consider the petition, and if the par- ties do not come to an arrangement between themselves the Board of Trade, if satisfied that a prima facie case has been made out, shall refer the petition to the court, and, if the Board are not so satisfied, they must dismiss the petition. (3) Where any such petition is referred by the Board of Trade to the court, and it is proved to the satisfaction of the court that the rea- sonable requirements of the public with reference to the patented invention have not been satisfied, the patentee may be ordered by the court to grant licenses on such terms as the court may think just, or, if the court is of opinion that the reasonable requirements of the pub- lic will not be satisfied by the grant of licenses, the patent may be re- voked by order of the court : Provided, That an order of revocation shall not be made before the expiration of three years from the date of the patent, or if the patentee gives satisf actor}- reasons for his de- fault. (4) On the hearing of any petition under this section the patentee and any person claiming an interest in the patent as exclusive licensee or otherwise, shall be made parties to the proceeding, and the law T officer or such other counsel as he may appoint shall be entitled to appear and be heard. (5) For the purposes of this section the reasonable requirements of the public shall not be deemed to have been satisfied (a) If by reason of the default of the patentee to manufacture to an adequate extent and supply on reasonable terms the patented article, or any parts thereof which are necessary for its efficient work- ing, or to carry on the patented process to an adequate extent or to grant licenses on reasonable terms, any existing trade or industry, or the establishment of any new trade or industry in the United King- dom is unfairly prejudiced, or the demand for the patented article or the article produced by the patented process is not reasonably met ; or (b) If any trade or industry in the United Kingdom is unfairly prejudiced by the conditions attached by the patentee before or after 226 GREAT BRITAIN. the passing of this Act to the purchase, hire, or use of the patented article or to the using or working of the patented process. (6) An order of the court directing the grant of any license under this section shall, without prejudice to any other method of enforce- ment, operate as if it were embodied in a deed granting a license and made between the parties to the proceeding. Revocation of patent. 25. (1) Revocation of a patent may be obtained on petition to the court. (2) Every ground on which (a) A patent might, immediately before the 1st day of January, 1884, have been repealed by scire facias; or (b) A patent may be revoked under this Act either by the comp- troller or as an alternative to the grant of a compulsory license; shall be available by way of defense to an action of infringement and shall also be a ground of revocation under this section. (3) A petition for revocation of a patent may be presented (a) By the attorney general or any person authorized by him : or (b) By any person alleging (i) That the patent was obtained in fraud of his rights, or of the rights of any person under or through whom he claims ; or (ii) 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 (iii) That he, or any person under or through whom he claims an interest in any trade, business, or manufacture, had publicly manufactured, used, or sold, within this realm, before the date of the patent, anything claimed by the patentee as his invention. Power of comptroller to revoke patents on certain grounds. 26. (1) Any person who would have been entitled to oppose the grant of a patent, or is the successor in interest of a person who was so entitled, may, within two years from the date of the patent, in the prescribed manner apply to the comptroller for an order revoking the patent on any one or more of the grounds on which the grant of the patent might have been opposed : Provided, That when an action for infringement or proceedings for the revocation of the patent are pending in any court, an application under this section shall not be made except with the leave of the court. (2) The comptroller shall give notice of the application to the patentee, and after hearing the parties, if desirous of being heard, may make an order revoking the patent or requiring the specifica- GREAT BRITAIN. 227 tion relating thereto to be amended by disclaimer, correction, or ex- planation, or dismissing the application; but the comptroller shall not make an order revoking the patent unless the circumstances are such as would have justified him in refusing to grant the patent had the proceedings been proceedings in an opposition to the grant of a patent. (3) A patentee may at any time, by giving notice in the prescribed manner to the comptroller, offer to surrender his patent, and the comptroller may, if after giving notice of the offer and hearing all parties who desire to be heard he thinks fit, accept the offer, and thereupon make an order for the revocation of the patent. (4-) Any decision of the comptroller under this section shall be subject to appeal to the court. Revocation of patents worked outside the United Kingdom. 27. (1) At any time not less than four years after the date of a patent and not less than one year after the passing of this Act, any person may apply to the comptroller for the revocation of the patent on the ground that the patented article or process is manufactured or carried on exclusively or mainly outside the United Kingdom. (2) The comptroller shall consider the application, and, if after inquiry he is satisfied that the allegations contained therein are cor- rect, then, subject to the provisions of this section, and unless the patentee proves that the patented article or process is manufac- tured or carried on to an adequate extent in the United Kingdom, or gives satisfactory reasons why the article or process is not so manu- factured or carried on, the comptroller may make an order revoking the patent either (a] Forthwith; or (b) After such reasonable interval as may be specified in the order, unless in the meantime it is shown to his satisfaction that the patented article or process is manufactured or carried on within the United Kingdom to an adequate extent. Provided, That no such order shall be made which is at variance with any treaty, convention, arrangement, or engagement with any foreign country or British possession. (3) If within the time limited in the order the patented article or process is not manufactured or carried on within the United Kingdom to an adequate extent, but the patentee gives satisfactory reasons why it is not so manufactured or carried on, the comptroller may extend the period mentioned in the previous order for such period not exceed- ing twelve months as may be specified in the subsequent order. (4) Any decision of the comptroller under this section shall be subject to appeal to the court, and on any such appeal the law officer 228 GREAT BRITAIN. or such other counsel as he may appoint shall be entitled to appear and be heard. REGISTER OF PATENTS. 28. (1) There shall be kept at the Patent Office a book called the Register of Patents, wherein shall be entered the names and ad- dresses of grantees of patents, notifications of assignments and of transmissions of patents, of licenses under patents, and of amend- ments, extensions, and revocations of patents, and such other matters affecting the validity or proprietorship of patents as may be pre- scribed. (2) The register of patents existing at the commencement of this Act shall be incorporated with and form part of the register of pat- ents under this Act. (3) The register of patents shall be prima facie evidence of any matters by this Act directed or authorized to be inserted therein. (4) Copies of deeds, licenses, and any other documents affecting the proprietorship in any letters patent or in any license thereunder, must be supplied to the comptroller in the prescribed manner for filing in the Patent Office. CROWN. Patent to bind Crown. 29. A patent shall have to all intents the like effect as against His Majesty the King as it has against a subject: Provided, That any Government department may, by themselves, their agents, contractors, or others, at any time after the application, use the invention for the services of the Crown on such terms as may, either before or after the use thereof, be agreed on, with the approval of the treasury, between the department and the patentee, or, in default of agreement, as may be settled by the treasury after hearing all parties interested. Assignment to Secretary for War or the Admiralty of certain inventions. 30. (1) The inventor of any improvemeijt in instruments or muni- tions of war may (either for or without valuable consideration) as- sign to the Secretary of State for War or the Admiralty on behalf of His Majesty all the benefit of the invention and of any patent ob- tained or to be obtained for the invention ; and the Secretary of State or the Admiralty may be a party to the assignment. (2) The assignment shall effectually vest the benefit of the inven- tion and patent in the Secretary of State or the Admiralty on behalf GREAT BRITAIN. 229 of His Majesty, and all covenants and agreements therein contained for keeping the invention secret and otherwise shall be valid and effectual (notwithstanding any want of valuable consideration), and may be enforced accordingly by the Secretary of State or the Ad- miralty. (3) Where any such assignment has been made, the Secretary of State or the Admiralty may at any time before the publication of the complete specification certify to the comptroller that, in the interest of the public service, the particulars of the invention and of the manner in which it is to be performed should be kept secret. (4) If the Secretary of State or the Admiralty so certify, the appli- cation and specifications, with the drawings (if any), and any amend- ment of the complete specification, and any copies of such documents and drawings shall, instead of being left in the ordinary manner at the Patent Office, be delivered to the comptroller in a packet sealed by authority of the Secretary of State or the Admiralty. (5) The packet shall, until the expiration of the term during which a patent for the invention may be in force, be kept sealed by the comptroller, and shall not be opened save under the authority of an order of the Secretary of State or the Admiralty or of the law officer. ^6) The sealed packet shall be delivered at any time during the continuance of the patent to any person authorized by the Secretary of State or the Admiralty to receive it, and shall if returned to the comptroller be again kept sealed by him. (7) On the expiration of the term of the patent, the sealed packet shall be delivered to the Secretary of State or the Admiralty. (8) Where the Secretary of State or the Admiralty certify as afore- said, after an application for a patent has been left at the Patent Office but before the publication of the complete specification, the applica- tion arid specifications, with the drawings (if any), shall be forthwith placed in a packet sealed by authority of the comptroller, and the packet shall be subject to the foregoing provisions respecting a packet sealed by authority of the Secretary of State or the Admiralty. (9) No proceeding by petition or otherwise shall lie for revocation of a patent granted for an invention in relation to which a certificate has been given by the Secretary of State or the Admiralty as afore- said. (10) No copy of any specification or other document or drawing, by this section required to be placed in a sealed packet, shall in any manner whatever be published or open to the inspection of the public, but, save as in this section otherwise directed, the provisions of this Act shall apply in respect of any such invention and patent as aforesaid. (11) The Secretary of State 'or the Admiralty may at any time waive the benefit of this section with respect to any particular 230 GBEAT BBITAIN. invention, and the specifications, documents, and drawings shall be thenceforth kept and dealt with in the ordinary way. (12) The communication of any invention for any improvement in instruments or munitions of war to the Secretary of State or the Admiralty, or to any person or persons authorized by the Secretary of State or the Admiralty to investigate the same or the merits thereof, shall not, nor shall anything done for the purposes of the investigation, be deemed use or publication of such invention so as to prejudice the grant or validity of any patent for the same. (13) Rules may be made under this Act, after consultation with the Secretary of State and the Admiralty, for the purpose of insuring secrecy with respect to patents to which this section applies, and those rules may modify any of the provisions of this Act in their application to such patents as aforesaid so far as may appear neces- sary for the purpose aforesaid. LEGAL PROCEEDINGS. Hearing with assessor. 31. (1) In an action or proceeding for infringement or revocation of a patent, the court may, if it think fit, and shall on the request of either of the parties to the proceeding, call in the aid of an assessor specially qualified, and try the case wholly or partially with his assistance; the action shall be tried without a jury unless the court otherwise directs. (2) The Court of Appeal may, if they think fit, in any proceeding before them, call in the aid of an assessor as aforesaid. (3) The remuneration, if any, to be paid to an assessor under this section shall be determined by the court or the Court of Appeal, as the case may be, and be paid as part of the expenses of the execution of this Act. Power to counterclaim for revocation in an action for infringement. 32. A defendant in an action for infringement of a patent, if enti- tled to present a petition to the court for the revocation of the patent, may, without presenting such a petition, apply in accordance with the rules of the Supreme Court by way of counterclaim in the action for the revocation of the patent. Exemption of innocent inf ringer from, liability for damages. 33. A patentee shall not be entitled to recover any damages in respect of any infringement of a patent granted after the commence- ment of this Act from anv defendant who proves that at the date of GREAT BRITAIN. 231 the infringement he was not aware, nor had reasonable means of making himself aware, of the existence of the patent, and the marking of an article with the word "patent," "patented," or any word or words expressing or implying that a patent has been obtained for the article, stamped, engraved, impressed on, or otherwise applied to the article, shall not be deemed to constitute notice of the existence of the patent unless the word or words are accompanied by the year and number of the patent: Provided, That nothing in this section shall affect any proceedings for an injunction. Order for inspection, etc., in action. 34. In an action for infringement of a patent the court may, on the application of either party, make such order for an injunction inspection or account, and impose such terms and give such directions respecting the same and the proceedings thereon as the court may see fit. Certificate of validity questioned and costs thereon. 35. In an action for infringement of a patent, the court may certify that the validity of the patent came in question ; and, if the court so certifies, then in any subsequent action for infringement the plaintiff in that action on obtaining a final order or judgment in his favor shall, unless the court trying the action otherwise directs, have his lull costs, charges, and expenses as between solicitor and client. Remedy in case of groundless threats of legal proceedings. 36. Where any person claiming to be the patentee of an invention, toy circulars, advertisements, or otherwise, threatens any other person with any legal proceedings or liability in respect of any alleged in- fringement of the patent, any person aggrieved thereby may bring an action against him, and may obtain an injunction against the continuance of such threats, and may recover such damage (if any) as he has sustained thereby, if the alleged 'infringement to which the threats related was not in fact an infringement of any legal rights of the person making such threats : Provided, That this section shall not apply if the person making such threats with due diligence com- mences and prosecutes an action for infringement of his patent. MlSCELLAN EOUS. Grant of patents to two or more persons. 37. Where, after the commencement of this Act, a patent is granted :to two or more persons jointly, they shall, unless otherwise specified 232 GREAT BRITAIN. in the patent, be treated for the purpose of the devolution of the legal interest therein as joint tenants, but, subject to any contract to the contrary, each of such persons shall be entitled to use the inven- tion for his own profit without accounting to the others, but shall not be entitled to grant a license without their consent, and, if any such person dies, his beneficial interest in the patent shall devolve on his personal representatives as part of his personal estate. Avoidance of certain conditions attached to the sale, etc., of patented articles. 38. (1) It shall not be lawful in any contract made after the pass- ing of this Act in relation to the sale or lease of, or license to use or work, any article or process protected by a patent to insert a condi- tion the effect of which will be (a) To prohibit or restrict the purchaser, lessee, or licensee from using any article or class of articles, whether patented or not, or any patented process, supplied or owned by any person other than the seller, lessor, or licensor or his nominees ; or (b) To require the purchaser, lessee, or Jicensee to acquire from the seller, lessor, or licensor, or his nominees, any article or class of articles not protected by the patent; and any such condition shall be null and void, as being in restraint of trade and contrary to public policy : Provided, That this sub- section shall not apply if (1) The seller, lessor, or licensor proves that at the time the con- tract was entered into the purchaser, lessee, or licensee had the option of purchasing the article err obtaining a lease or license on reasonable terms, without such conditions as aforesaid; and (ii) The contract entitles the purchaser, lessee, or licensee to re- lieve himself of his liability to observe any such condition on giving the other party three months' notice in writing and on payment in compensation for such relief in the case of a purchase of such sum, or in the case of a lease or license of such rent or royalty for the residue of the term of the contract, as may be fixed by an arbitrator appointed by the Board of Trade. (2) Any contract relating to the lease of or license to use or work any patented article or patented process, whether made before or after the passing of this Act, may at any time after the patent or all the patents by which the article or process was protected at the time of the making of the contract has or have ceased to be in force, and notwithstanding anything in the same or in any other contract to the contrary, be determined by either party on giving three months' notice in writing to the other party ; but where any such notice is given determining any contract made before the passing of this Act, GREAT BRITAIN. 2 (So the party giving the notice shall be liable to pay such compensation as, failing agreement, may be awarded by an arbitrator appointed by the Board of Trade. (3) Any contract made before the passing of this Act relating to the lease of or license to use or work any patented article or process and containing any condition which, had the contract been made after the passing of this Act, would by virtue of this section have been null and void may, at any time before the contract is determinable under the last preceding subsection, and notwithstanding anything in the same or any other contract to the contrary, be determined by either party on giving three months' notice in writing to the other party, but where any such notice is given the party giving the notice shall be liable to pay such compensation as, failing agreement, may be awarded by an arbitrator appointed by the Board of Trade. (4) The insertion by the patentee in a contract made after the passing of this Act of any condition which by virtue of this section is null and void shall be available as a defense to an action for in- fringement of the patent to which the contract relates brought while that contract is in force. (5) Nothing in this section shall (a) Affect any condition in a contract whereby a person is pro- hibited from selling any goods other than those of a particular person; or (b) Be construed as validating any contract which would, apart from this section, be invalid; or (c) Affect any right of determining a contract or condition in a contract exercisable independently of this section ; or (d) Affect any condition in a contract for the lease of or license to use a patented article whereby the lessor or licensor reserves to himself or his nominees the right to supply such new parts of the patented article as may be required to put or keep it in repair. Costs and security for costs. 39. (1) The comptroller shall, in proceedings relating to an oppo- sition to the grant of a patent or to an application for the amend- ment of a specification or the revocation of a patent, have power by order to award to any party such costs as he may consider reasonable, and to direct how and by what parties they are to be paid, and any such order may be made a rule of the court. (2) If a party giving notice of opposition to the grant of a patent or to the amendment of a specification, or applying to the comptroller for the revocation of a patent, or giving notice of appeal from any decision of the comptroller, neither resides nor carries on business in the United Kingdom or the Isle of Man, the comptroller, or, in case 234 GREAT EE1TAIX. of appeal to the law officer, the law officer may require such party to give security for costs of the proceedings or appeal, and in default of such security being given may treat the proceedings or appeal as abandoned. Procedure on appeal to law officer. 40. The law officer may examine witnesses on oath and administer oaths for that purpose, and may make rules regulating references and appeals to the law officer and the practice and procedure before him under this part of this Act; and in any proceeding before the law officer under this part of this Act the law officer may order costs to be paid by either party, and any such order may be made a rule of the court. Provisions as to anticipation. 41. (1) An invention covered by any patent applied for on or after the 1st day of January, 1905, shall not be deemed to have been anticipated by reason only of its publication in a specification left pursuant to an application made in the United Kingdom not less than fifty years before the date of the application for the patent, or of its publication in a provisional specification of any date not followed by a complete specification. (2) A patent shall not be held to be invalid by reason only of the invention in respect of w r hich the patent was granted, or any part thereof, having been published prior to the date of the patent, if the patentee proves to the satisfaction of the court that the publication was made without his knowledge and consent, and that the matter published was derived or obtained from him, and, if he learned of the publication before the date of his application for the patent, that he applied for and obtained protection for his invention with all reason- able diligence after learning of the publication. Disconformity. 42. A patent shall not be held to be invalid on the ground that the complete specification claims a further or different invention to that contained in the provisional, if the invention therein claimed, so far as it is not contained in the provisional, was novel at the date when the complete specification was put in, and the applicant was the first and true inventor thereof. Patent on application of representative of deceased inventor. 43. (1) If the person claiming to be inventor of an invention dies without making an application for a patent for the invention, appli- GREAT BRITAIN. 235 cation may be made by, and a patent for the invention granted to, his legal representative. (2) Every such application must contain a declaration by the legal representative that he believes him to be the true and first inventor of the invention. Loss or destruction of patent. 44. If a patent is lost or destroyed or its non- production is ac- counted for to the satisfaction of the comptroller, the comptroller may at any time seal a duplicate thereof. Provisions as to exhibitions. 45. (1) The exhibition of an invention at an industrial or inter- national exhibition, certified as such by the Board of Trade, or the publication of any description of the invention during the period of the holding of the exhibition, or the use of the invention for the pur- pose of the exhibition in the place where the exhibition is held, or the use of the invention during the period of the holding of the exhibi- tion by any person elsewhere, without the privity or consent of the inventor, shall not prejudice the right of the inventor to apply for and obtain a patent in respect of the invention or the validity of any patent granted on the application, provided that (a) The exhibitor, before exhibiting the invention, gives the comp- troller the prescribed notice of his intention to do so ; and (b) The application for a patent is made before or within six months from the date of the opening of the exhibition. (2) His Majesty may by Order in Council apply this section to any exhibition mentioned in the Order in like manner as if it were an industrial or international exhibition certified as such by the Board of Trade, and any such Order may provide that the exhibitor shall be relieved from the condition of giving notice to the comptroller of his intention to exhibit, and shall be so relieved either absolutely or upon such terms and conditions as may be stated in the Order. Patent Museum. 46. (1) The comptroller shall issue periodically an illustrated jour- nal of patented inventions, as well as reports of patent cases decided by courts of law, and any other information that he may deem gen- erally useful or important. (2) Provision shall be made by the comptrolled for keeping on sale copies of such journal, and also of all complete specifications of patents in force, with any accompanying drawings. (3) The comptroller shall continue, in such forms as he deems ex- pedient, the indexes and abridgments of specifications hitherto pub- 236 GREAT BRITAIN. lished, and shall prepare and publish such other indexes, abridgments of specifications, catalogues, and other works relating to inventions as he thinks fit. Patent Museum. 47. (1) The control and management of the Patent Museum and its contents shall remain vested in the Board of Education, subject to such directions as His Majesty in Council may think fit to give. (2) The Board of Education may at any time require a patentee to furnish them with a model of his invention on payment to the pat- entee of the cost of the manufacture of the model, the amount to be settled in case of dispute, by the Board of Trade. Foreign vessels in British waters. 48. (1) A patent shall not prevent the use of an invention for the purposes of the navigation of a foreign vessel within the jurisdiction of any of His Majesty's courts in the United Kingdom, or Isle of Man, or the use of an invention in a foreign vessel within that juris- diction, provided it is not used therein for or in connection with the manufacture or preparation of anything intended to be sold in or exported from the United Kingdom or Isle of Man. (2) This section shall not extend to vessels of any foreign State of which the laws do not confer corresponding rights with respect to the use of inventions in British vessels while in the ports of that State or in the waters within the jurisdiction of its courts. PART III. GENERAL. PATENT OFFICE AND PROCEEDINGS THEREAT. Patent Office, 5 Ed HI. 7', c. 15. 62. (1) The treasury may continue to provide for the purposes of this Act and the Trade-Marks Act, 1905, an office with all requisite buildings and conveniences, which shall be called, and is in this Act referred to as. the Patent Office. (2) The Patent Office shall be under the immediate control of the comptroller, who shall act under the superintendence and direction of the Board of Trade. (3) Any act or thing directed to be done by or to the comptroller may be done by or to any officer authorized by he Board of Trade. (4) Rules under this Act may provide for the establishment of branch offices for designs at Manchester or elsewhere, and for any document or thing required by this Act to be sent to or clone at thy registrar. 53. Where any discretionary or other power is given to the regis- trar by this Act or rules made thereunder he shall not exercise that power adversely to the applicant for registration or the registered proprietor of the trade-mark in question without (if duly required so to do within the prescribed time) giving such applicant or regis- tered proprietor an opportunity of being heard. Appeal from registrar. 54. Except where expressly given by the provisions of this Act or rules made thereunder there shall be no appeal from a decision of the registrar otherwise than to the Board of Trade, but the court, in deal- ing with any question of the rectification of the register (including all applications under the provisions of section 35 of this Act), shall have power to review any decision of the registrar relating to the entry in question or the correction sought to be made. Recognition of agents. 55. Where by this Act any act has to be done by or to any person in connection with a trade-mark or proposed trade-mark or any pro- cedure relating thereto, such act may under and in accordance with rules made under this Act or in particular cases by special leave of the Board of Trade be done by or to an agent of such party duly authorized in the prescribed manner. Registrar may take directions of law officers. 56. The registrar may, in any case of doubt or difficulty arising in the administration of any of the provisions of this Act, apply to His Majesty's attorney general or solicitor general for England for directions in the matter. Annual reports of comptroller (46 and 4? Viet., c. 57}. 57. The comptroller general of patents, designs, and trade-marks shall in his yearly report on the execution by or under him of the. GREAT BRITAIN. 265 Patents. Designs, and Trade-Marks Act, 1883, and acts amending the same, include a report respecting the execution by or under him of this Act as though it formed a part of or was included in such acts. POWERS AND DUTIES , OF THE BOARD OF TRADE. Proceedings before Board of Trade. 58. All things required or authorized under this Act to be done by, to. or before the Board of Trade may be done by, to, or before the president or a secretary or an assistant secretary of the Board or any person authorized in that behalf by the President of the Board. Appeals to Board of Trade. 59. Where under this Act an appeal is made to the Board of Trade, the Board of Trade may. if they think fit, refer any such appeal to the court in lieu of hearing and deciding it themselves, but, unless the Board so refer the appeal, it shall be heard and decided by the Board, and the decision of the Board shall be final. Pouter of Board of Trade to make rules. 60. (1) Subject to the provisions of this Act the Board of Trade may from time to time make such rules, prescribe such forms, and generally do such things as they think expedient (a) For regulating the practice under this Act. (b) For classifying goods for the purposes of registration of trade-marks. () In respect of cotton piece goods no mark consisting of a line heading alone shall be registered, and no line heading shall be deemed to be distinctive in respect of such goods. (c) No registration of a cotton mark shall give any exclusive right to the use of any word, letter, numeral, line heading, or any com- bination thereof. i 39 and 40 Viet., c. 33. i (11) The right of inspection of the Manchester register shall ex- tend to and include the right to inspect all applications whatsoever that have been since the passing of the Trade-Marks Eegistration Act, 1875, and hereafter shall have been made to the Manchester branch in respect of cotton goods in classes 23, 24, and 25, whether registered, ^refused, lapsed, expired, withdrawn, abandoned, canceled or pending. (12) The keeper of cotton marks shall, on request, and on produc- tion of a facsimile of the mark, and on payment of the prescribed fee, issue a certified copy of the application for registration of any cotton mark, setting forth in such certificate the length* of time of user (if any) of such mark as stated on the application, and any other i particulars he may deem necessary. (13) As regards any rules or forms affecting cotton marks which are proposed by the Board of Trade to be made, the draft of the same shall be sent to the keeper of cotton marks and also to the Manchester Chamber of Commerce. And the said keeper, and also the said 270 GREAT BRITAIN. chamber, shall, if they or either of them so request, be entitled to- be heard by the Board of Trade upon such proposed rules before the same are carried into effect. (14) The existing practice whereby the keeper of the Manchester branch consults the trade and merchandise marks committee ap- pointed by the Manchester Chamber of Commerce upon questions of novelty or difficulty arising on applications to register cotton marks shall be continued by the keeper of cotton marks. International and colonial arrangements (48 and ^9 Viet. c. 63). _ 65. The provisions of sections 103 and 104 of the Patents, Designs, and Trade-Marks Act, 1883 (as amended by the Patents, Designs, and Trade-Marks (amendment) Act, 1885), relating to the registration of trade-marks both as enacted in such acts and as applied by any order in council made thereunder, shall be construed as applying to trade- marks registrable under this Act. OFFENSES. Falsification of entries in register. 66. If any person makes or causes to be made a false entry in the register kept under this Act, or a writing falsely purporting to be a copy of an entry in any such register, or produces or tenders or causes to be produced or tendered in evidence any such writing, know- ing the entry or writing to be false, he shall be guilty of a misde- meanor. Penalty on falsely representing a trade-mark as registered. 6. (1) Any person who represents a trade-mark as registered which is not so shall be liable for every offense on summary con- viction to a fine not exceeding 5. (2) A person shall be deemed, for the purposes of this enactment, to represent that a trade-mark is registered, if he uses in connection with the trade-mark the word " registered," or any words expressing or implying that registration has been obtained for the trade-mark. ROYAL ARMS. Unauthorized assumption of royal arms. 68. If any person, without the authority of His Majesty, uses in connection with any trade, business, calling, or profession, the royal GREAT BRITAIN. 271 arms (or arms so closely resembling the same as to be calculated to x deceive) in such manner as to be calculated to lead to the belief that he is duly authorized so to use the royal arms, or if any person with- out the authority of His Majesty or of a member of the royal family, uses in connection with any trade, business, calling, or profession any device, emblem, or title in such manner as to be calculated to lead to the belief that he is employed by or supplies goods to His Majesty or such member of the royal family, he may. at the suit of any person who is authorized to use such arms or such device, emblem, or title, or is authorized by the Lord Chamberlain to take proceedings in that behalf, be restrained by injunction or interdict from continuing so to use the same: Provided, That nothing in this section shall be con- strued as affecting the right, if any, of the proprietor of a trade-mark containing any such arms, device, emblem, or title to continue to use such trade-mark. COURTS. General saving for jurisdiction of courts. 69. The provisions of this Act conferring a special jurisdiction on the court as defined by this Act shall not, except so far as the juris- diction extends, affect the jurisdiction of any court in Scotland or Ireland in any proceedings relating to trade-marks ; and with refer- ence to any such proceedings in Scotland the term " the court " shall mean the court of session; and with reference to any such proceed- ings in Ireland the term " the court " shall mean the high court of justice in Ireland. Isle of Man. 70. This act shall extend to the Isle of Man, and (1) Nothing in this Act shall affect the jurisdiction of the courts in the Isle of Man in proceedings for infringement or in any action or proceeding respecting a trade-mark competent to those courts.' (2) The punishment for a misdemeanor under this Act in the Isle of Man shall be imprisonment for any term not exceeding two years, with or without hard labor and with or without a fine not exceeding 100, at the discretion of the court. (3) An offence under this Act committed in the Isle of Man which would in England be punishable on summary conviction may be prosecuted, and any fine in respect thereof recovered at the in- stance of any person aggrieved, in the manner in which offenses punishable on summary conviction may for the time being be prose- cuted. 93169 19 18 272 GREAT BRITAIN. Jurisdiction of Lancashire Valatim^ court. 71. The court of chancery of the County Palatine of Lancaster shall, with respect to any action or other proceeding in relation to trade-marks, the registration whereof is applied for in the Man- chester branch, have the like jurisdiction under this Act as His Majesty's high court of justice in England, and the expression " the court " in this Act shall be construed and have eifect accordingly : Provided, That every decision of the court of chancery of the County Palatine of Lancaster in pursuance of this section shall be subject to the like appeal as decisions of that court in other cases. Offenses in Scotland. 72. In Scotland any offense under this Act declared to be punish- able on summary conviction may be prosecuted in the sheriff court. REPEAL SAVINGS. Repeal and saving for rules, etc. 73. The enactments described in the schedule of this Act are re- pealed to the extent mentioned in the third column, but this repeal shall not affect any rule, table of fees, or classification of goods made under any enactment so repealed, but every such rule, table of fees, or classification of goods shall continue in force as if made under this Act until superseded by rules, tables of fees, or classification under this Act. Application of lf.6 and Ifl Viet., c. 57, ss. 82-8 Jf,. 74. The provisions of sections 82 to 84 of the Patents, Designs, and Trade-Marks Act, 1883, as amended by any subsequent enact- ment shall continue to apply with respect to the administration at the patent office of the law relating to the registration of trade-marks, and shall accordingly be construed as if this Act formed part of that Act. SCHEDULE. Section 73 Enactments repealed. Session and chapter. Short title. Extent of repeal. 46 and 47 Viet., c. 57. 51 and 52 Viet., c. 50. The patents, designs, and trade-marks act, 1883. The patents, designs and trade-marks act, 1888. Sections 62 to 81, and, so far as they respectively relate to trade-marks, sections 85 to 99, 101, 102, 105, 108, 111 to 117. Sections 8 to 20, and, so far as they respectively relate to trade-marks, sections 21 to 26. GREAT BRITAIN. 273 GREAT BRITAIN WAR LEGISLATION. PATENTS DESIGNS TRADE-MARKS (TEMPORARY RULES) ACT or AUGHST 7, 1914. CHAPTER 27. An Act to extend the powers of the Board of Trade during the continuance of the present hostilities to make rules under the Patents and Designs Act, 1907, and the Trade-Marks Act, 1905. [7th August, 1914.] Be it enacted Inj the King's most Excellent Majesty, ~by and with the advice and consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the authority of the same, as follows: 1. (1) The power of the Board of Trade under section 86 of the Patents and Designs Act, 1907, and section 60 of the Trade-Marks Act, 1905, to make rules and to do such things as they think expedient for the purposes therein mentioned shall include power to make rules and to do such things as they think expedient for avoiding or suspend- ing in whole or in part any patent or license granted to, and the regis- tration of any trade-mark the proprietor whereof is, a subject of any State at war with His Majesty, and any proceedings on any applica- tion made by any such person under either of the said Acts and for extending the time within which any act or thing may or is required to be done under those Acts. (2) In relation to rules made under this Act the provisions of sub- section (3) of section 60 of the Trade-Marks Act, 1905, shall not apply. (3) If the rules made under this Act so provide the rules or any of them shall have effect as from the passing of this Act. 2. This Act may be cited as the Patents, Designs, and Trade-Marks (temporary rules) Act, 1914. 3. This Act and the rules made thereunder shall continue in force during the continuance of , the present state of war in Europe, and for a period of six months thereafter and no longer. PATENTS DESIGNS TRADE-MARKS ( TEMPORAT Y R ULES ) ' ACT (AMENDATORF) or AUGUST 28, 1914. [Translation.] CHAPTER 73. 1. The Act of 1914 concerning the Patents, Designs, and Trade - Marks (temporary) rules shall become effective and shall be consid- 274 GREAT BRITAIN. ered as having always been effective with the modifications herein- after indicated, to wit: (a) In section 1, the words " any patent or license granted to, and the registration of any trade-mark the proprietor whereof is, a sub- ject of any State at war with His Majesty, and any such proceedings on any application made by any such person under either of the said Acts and for extending the time within which any act or thing may or is required to be done under those Acts," shall be replaced by th> following words, " any patent or license whereof the beneficiary is the subject of a State at war with His Majesty ; to avoid or suspend the registration of a design or of a trade-mark whereof the pro- prietor is the subject of any such State, as well as all the rights or a part of the rights that proceed from this registration ; to avoid or sus- pend any application effected by any such person by virtue of one or the other of these Acts ; to empower the Board of Trade to grant to any persons other than those above mentioned for the whole term of the patent or of the registration, or for such less duration as the Board shall judge proper, and by providing the conditions that it shall deem advisable to establish licenses for the manufacture, use, exploitation or sale of patented inventions and registered designs that are subject to avoidance or suspension, as has been above mentioned." (b) The following subsection shall be added to the end of said section : " 4. The present Act applies to any person residing or carrying on his business in the territory of a State at war with His Majesty, as if he were a subject of that State; and the expression 'subject of a State at war with His Majesty,' applied to a society, includes any company whereof the affairs are administered or controlled by such subjects, or exploited, in whole or in part, for the benefit or on the account of such subjects, and this, even when the company shall have .been registered in any of the possessions of His Majesty; and, when it shall be a matter of a patent granted to a person for an invention mentioned in the application or in the description as having been communicated to this person by a third party, this third party shall be considered, save proof to the contrary, for the ends of the present Act, as being the beneficiary of the patent." 2. This Act may be cited as the Patents, Designs, and Trade-Marks (amendatory) Act, 1914, concerning the patents, designs, and trade- marks (temporary) rules; and the Act of 1914 concerning the pat- ents, designs, and trade-marks (temporary) rules and the present Act may be cited, conjointly, as the Acts of 1914 concerning the patents, designs, and trade-marks (temporary) rules. (From La Propriety Industrielle, September, 1914.) GREAT BRITAIN. 275 PATENTS DESIGNS TRADE-MARKS RULES (TEMPORARY) Nos. 1255 AND 1256 EFFECTIVE AUGUST 7, 1914. [Statutory rules and orders, 1914, No. 1255. Patents, designs, and trade-marks (tem- porary) rules. 1014, dated 21st August, 191-t.] By virtue of the provisions of the Patents, Designs, and Trade- Marks (temporary rules) Act, 1914, the Board of Trade hereby make the following rules : 1. The Board of Trade may, on the application of any person, and subject to such terms and conditions, if any, as they may think fit, order the avoidance or suspension, in whole or in part, of any patent or license granted to a subject of any State at war with His Majesty, and the Board, before granting any such application, may require to be satisfied on the following heads : (a) That the patentee or licensee is the subject of a State at war with His Majesty. (?>) That the person applying intends to manufacture, or cause to be manufactured, the patented article, or to carry on, or cause to be carried .on, the patented process. (c) That it is in the general interests of the country or of a section of the community, or of a trade, that such article should be manufac- tured or such process carried on as aforesaid. The fee to be paid on any such application shall be that specified in the first schedule to the rules and the fee payable on depositing foreign documents or other papers for the purpose of a record not already provided for under the Patents and Designs Act, 1907, and the Trade-Marks Act, 1905, shall be that specified in the first schedule to these rules. An application under this section must be made on Patents Form No. 3f> contained in the second schedule to these rules, and shall be filed at the Patent Office. The Board of Trade may, at any time, in their absolute discretion, revoke an}^ avoidance or suspension of any patent or license ordered by them. For the purpose of exercising in any case the powers of avoiding or suspending a patent or license, the Board of Trade may appoint such person or persons as they shall think fit to hold an inquiry. Any application to the Board for the avoidance or suspension of any patent or license may be referred for hearing and inquiry to such person or persons who shall report thereon to the Board. Provided always that the Board of Trade may at any time, if in their absolute discretion they deem it expedient in the public interest, order the avoidance or suspension in whole or in part of any such patent or license upon such terms and conditions, if any, as they may think fit. 276 GREAT BRITAIN. 2. The comptroller may, at any time during the continuance of these rules, avoid or suspend any proceedings on any application made under the Patents and Designs Act, 1907, and the Trade-Marks Act. 1905, by a subject of any State at war with His Majesty. 3. The comptroller may also at any time during the continuance of these rules extend the time prescribed by the Patents and Designs Act, 1907, or the Trade-Marks Act, 1905, or any rules made there- under, for doing any act or filing any document, upon such terms and subject to such conditions as he may think fit in the following cases, namely: (a) Where it is shown to his satisfaction that the applicant, pat- entee, or proprietor, as the case may be, was prevented from doing the said act, or filing the said document, by reason of active service or enforced absence from this country, or any other circumstances arising from the present state of war, which in the opinion of the comptroller would justify such extension. (b] Where the doing of any act would, by reason of the circum- stances arising from the present state of war, be prejudicial or in- jurious to the rights or interests of any applicant, patentee,, or pro- prietor as aforesaid. 4. The term " person " used in these rules shall, in addition to the meaning given thereto by section 19 of the Interpretation Act, 1889, include any Government department. 5. All things required or authorized to be done by, to, or before the Board of Trade may be done by, to, or before the president or a secretary or an assistant secretary of the Board, or any person authorized in that behalf by the President of the Board. All documents purporting to be orders made by the Board of Trade, and to be sealed with the seal of the Board or to be signed by a secre- tary or an assistant secretary of the Board or by any person author- ized in that behalf by, the President of the Board shall be received in evidence and shall be deemed to be such orders without further proof unless the contrary is shown. A certificate signed by the President of the Board of Trade that any order made or act done is the order or act of the Board shall be conclusive evidence of the fact so certified. 6. These rules shall come into operation as and from the 7th day of August, 1914. Dated, the 21st day of August, 1914. WALTER KUNCIMAN, President of the Board of Trade. (Schedules omitted for lack of space. Ed.} GREAT BRITAIN. 277 PROCEDURE TO BE FOLLOWED UNDER RULES 2 AND 3 OF THE ABOVE RULES. Until further notice the following procedure will be adopted in dealing with all work in connection with patents, designs, and trade- marks : 1. During the continuance of the war no patent will be sealed and no registration of a trade-mark or design will be granted to subjects (hereinafter called "such subjects") of any State at war with His Majesty. The term " such subjects " will be taken to include (a) a firm which by reason of its constitution may be considered as managed or con- trolled by such subjects or the business whereof is wholly or mainly carried on on behalf of such subjects, (Z>) a company which has re- ceived its constitution in an enemy's State, (c) a company registered in His Majesty's dominions the business whereof is managed or con- trolled by such subjects, or is carried on wholly or mainly on behalf of such subjects. 2. As regards applications for patents, designs, or trade-marks, no distinction will in the first place be drawn between those made by such subjects and those made by other persons. All proceedings thereunder will be carried on as usual down to the time of acceptance, but in the case of applications by such subjects formal acceptance will not be issued. 3. Applicants who fail to conform to the provisions of the Patents and Designs Act, 1905, the Trade-Marks Act, 1905, and the rules made thereunder will run the risk of losing their rights, unless they are able to bring themselves under the provisions of rule 3 of the rules set out above. Applications under rule 3 (a) should be made and will be considered at such time as the applicant, patentee, or proprietor of a design or trade-mark, as the case may be, is in a position to do the said act or file the said document as aforesaid. Applications under rule 3 (b) should be made before the date for the doing of any such act. 4. As regards oppositions to the grant of patents and the registra- tion of trade-marks arising after the commencement of the war, (a) oppositions by such subjects in cases where the grant or regis- tration opposed is one to a British citizen or alien friend will not be entertained, (b) In the case where the grant or registration opposed is a grant or registration to any such subject, the notice of opposition will be accepted, but all further proceedings will be suspended until the end of the Avar. 278 GREAT BRITAIN. 5. As regards im 7 entions communicated by such subjects as afore- said in respect of which patent? are applied for by persons in this country, these will be treated in the same manner as if made directly by the communicator. Dated 21st day of August. 1914. W. TEMPLE FRANKS, Comptroller General. STATUTORY KULES AND ORDERS, 1914, No. 1256 TRADE-MARKS. TRADE-MARKS (TEMPORARY) RULES, 19 1 4, DATED 2 1ST AUGUST, 1>1 4. By virtue of the provisions of the Patents, Designs, and Trade- Marks (temporary rules) Act, 1914, the Board of Trade hereby make the following rules: 1. The Board of Trade may, on the application of any perscn, and subject to such terms and conditions, if any, as they may think fit, order the avoidance or suspension, in whole or in part, of the regis- tration of any trade-mark the proprietor \v hereof is a subject of any State at war with His Majesty; and the Board, before granting any such application, may require to be satisfied on the following heads : (a) That the proprietor is the subject of a State at Avar with His Majesty. (b) That the person applying, intends to manufacture, pr cause to be manufactured, the goods or any of them in respect of which the trade-mark is registered. (c) That it is in the general interests of the country or of a section of the community, or of a trade, that the registration of the trade- mark should be so avoided or suspended. The fee to be paid on any such application shall be that specified in the first schedule to these rules. An application under this section must be made on Form T. M. No. 36, contained in the second schedule to these rules, and shall be filed at the Patent Office. The Board -of Trade may at any time, in their absolute discretion, revoke any avoidance or suspension of any registration of a trade- mark ordered by them. For the purpose of exercising in any case the powers of avoiding or suspending the registration of a trade-mark the Board of Trade may appoint such person or persons as they shall think fit to hold an inquiry. Any application to the Board for the avoidance or suspension of any registration of a trade-mark may be referred for hearing and inquiry to such person or persons, who shall report thereon to the Board. GREAT BRITAIN. 279 Provided always that the Board of Trade may at any time, if in their absolute discretion they deem it expedient in the public interest, order the avoidance or suspension, in whole or in part, of any such registration of a trade-mark upon such terms and conditions, if any, as they may think fit. 2. The term " person " used in these rules shall, in addition to the meaning given thereto b}^ section 19 of the Interpretation Act. 1889, include airv Government department. 3. All things required or authorized to be clone by, to, or before the Board of Trade may be done by, to, or before the president or a secre- tary or an assistant secretary of the Board or any person authorized in that behalf by the President of the Board. All documents purporting to be orders made by the Board of Trade and to be sealed with the seal of the Board or to be signed by a sec- retary or an assistant secretary of the Board or by any person author- ized in that behalf by the President of the Board shall be received in evidence and shall be deemed to be such orders without further proof unless the contrary is shown. A certificate signed by the President of the Board of Trade that any order made or act done is the order or act of the Board shall be conclusive evidence of the fact so certified. 4. These rules shall be called the Trade-Marks (temporary) Rules, 1914, and shall come into operation as and from the 7th day of August, 1914. Dated the 21st day of August, 1914. WALTER RUN cm AN, President of the Board of Trade. (Schedules omitted for lack of space. Ed.) DEPOSIT OF DOCUMENTS RELATING TO FOREIGN PATENTS, DESIGNS, AND TRADE-MARKS. In compliance with a request made by the Council of the Chartered Institute of Patent Agents, it has been arranged that notifications and documents relating to foreign patents, designs, and trade-marks, which agents or others are unable to forward to their destination abroad, may be deposited in the Patent Office (room 27), with the object of recording the intention on the part of the depositor to do any act or to file any document on a certain date at a foreign patent office. No guaranty can, however, be given that such procedure will be of any advantage to the persons concerned. Notifications and documents (other than drawings) so deposited must be written 011 foolscap paper and filed in duplicate, and the purpose for which the deposit is required must be stated. One copy, bearing a. 2s. fid. stamp, to be impressed at the Inland Revenue Office 280 GEEAT BRITAIN. . (room 28), will be retained in the Office, and the other copy, after be- ing numbered and dated, will be returned to the applicant. A separate notice must be given in respect of each country, but several fees may be included in one notice, provided that they are afterwards to be paid through one and the same foreign agent. The Chartered Institute of Patent Agents are opening a trust ac- count into which money in regard to such matters may be paid, sub- ject to such rules as the institute may make. (From The Illustrated Official Journal (Patents], No. 1336, Aug. 26, 1914.) PATENTS DESIGN s TRADE-MARKS ALIEN ENEMY HEARING PRO- CEDURE RULE OF SEPTEMBER 7, 1914. PROCEDURE TO BE FOLLOWED UNDER RULE 1 OF THE PATENTS, DESIGNS, AND TRADE-MARKS (TEMPORARY) RULES, THE TRADE-MARKS (TEM- PORARY) RULES, AND THE DESIGNS (TEMPORARY) RULES, 1914. (1) A copy of the application when received will be at once sent to the address for service in the United Kingdom given by the pat- entee, licensee, or proprietor of the design or trade-mark, as the case may be, or to any one whose name appears upon the register as having an interest in the patent, design, or trade-mark. (2) The date for hearing the application will be fixed on receipt of the application and will be notified to the applicant and to the patentee, proprietor, or other person interested, at his address for service in the United Kingdom. The application and the date of the hearing will also be advertised in the Illustrated Official Journal (Patents) or Trade-Marks Journal. The date fixed for the hearing will be not less than seven days after the advertisement of the appli- cation in the Journal. (3) The applicant must produce evidence at the hearing to satisfy the tribunal in respect of (&), (&), and (c) of rule 1, and that he is not himself an alien enemy. The evidence may be either oral or by way of statutory declaration. The patentee or proprietor of the design or trade-mark or any one interested may appear at the hear- ing in opposition to the application, provided that notice of his intention so to appear be given in writing to the comptroller at the Patent Office before the elate of the hearing. Dated, September 7, 1914. (Signed) W. TEMPLE FRANKS, Comptroller General. (From the Illustrated Official Journal (Patents}, No. 1338, Sept. 9,1914.) GREAT BRITAIN. 281 The Illustrated Official Journal. (Patents) , No. 1338, of September 9, 1914, contains a list of fourteen patents belonging to the alien enemy, for which dates of hearing are set, to hear arguments as to why said patents should not be suspended or declared void. Opportunity is given to " any person interested who desires to be heard in opposi- tion to any of the * applications," and who "must give notice in writing addressed to the Comptroller General of the Patent Office before the date given as the approximate date of hearing." DESIGNS RULES (TEMPORARY), 1914, No. 1327 EFFECTIVE SEPTEM- BER 5, 1914. STATUTORY RULES AND ORDERS, 1914, NO. 1327 DESIGNS THE DESIGNS (TEMPORARY) RULES, 1914, DATED SEPTEMBER 5, 1914. By virtue of the provisions of the Patents, Designs, and Trade- Marks (temporary rules) Acts. 1914, the Board of Trade hereby make the following rules: 1. The Board of Trade may, on the application of any person, and subject to such terms and conditions, if any, as they may think fit, order the avoidance or suspension of the registration and all or any rights conferred by the registration of any design the proprietor whereof is a subject of any State at war with His Majesty, and the Board, before granting any such application, may require to be satisfied on the following heads : (a) That the proprietor is the subject of a State at war with His Majesty. (&) That the person applying intends to manufacture or cause to be manufactured, the goods or any of them in respect of which the design is registered. (c) That it is in the general interests of the country or of a section of the community, or of a trade that the .avoidance or suspension should be ordered. The fee to be paid on any such application shall be that specified in the first schedule to these rules. An application under this section must be made on Form Designs No. 36 contained in the second schedule to these rules, and shall be filed at the Patent Office. The Board of Trade may at any time, in their absolute discretion, revoke any avoidance or suspension ordered by them. For the purpose of exercising in any case their powers of avoid- ance or suspension the Board of Trade may appoint such person or persons as they shall think fit to hold an inquiry. 282 GREAT BRITAIN. Any application to the Board for any such avoidance or suspension may be referred for hearing and inquiry to such person or persons who shall report thereon to the Board. Provided always that the Board of Trade may at any time, if in their absolute discretion they deem it expedient in the public interest, order the avoidance or suspension of any such registration and all or any rights conferred by the registration of a design upon such terms and conditions, if any, as they may think fit. 2. The term " person " used in these rules shall, in addition to the meaning given thereto by section 19 of the Interpretation Act. 1889, include any Government department. 3. All things required or authorized to be done by, to, or before the Board of Trade may be done by, to, or before the president or a sec- retary or an assistant secretary of the Board, or any person author- ized in that behalf by the President of the Board. All documents purporting to be orders made by the Board of Trade and to be sealed with the seal of the Board or to be signed by a secretary or an assistant secretary of the Board or by any person authorized in that behalf by the President of the Board shall be received in evidence and shall be deemed to be such orders without further proof unless the contrary is shown. A certificate signed by the President of the Board of Trade that any order made or act done is the order or act of the Board shall be conclusive evidence of the fact so certified. 4. These rules shall be called the Designs (temporary) Rules, 1914, and shall come into operation as and from the 5th day of September, 1914. Dated the 5th day of September, 1914. (Signed) WALTER RUNCIMAN, President of the Board of Trade. (From the Illustrated Official Journal (Patents), No. 1340. Sept. 23, 1914.) PATENTS DESIGNS RULES (TEMPORARY), 1914, No. 1328, OF SEP- TEMBER 7, 1914. STATUTORY RULES AND ORDERS, 1914, NO. 1028 PATENT AND DESIGNS THE PATENTS AND DESIGNS (TEMPORARY) RULES, 1914, DATED SEP- By virtue of the provisions of the Patents, Designs, and Trade - Marks (temporary) Rules Acts, 1914, the Board of Trade do hereby make the following rules : 1. In any case in which the Board of Trade makes an order by vir- tue of the powers vested in them under the provisions of the Patents, GEE AT BRITAIET. 283 Designs, and Trade-Marks (temporary) Rules Acts, 1914, and under any rules made under these Acts or either of them, avoiding or sus- pending in whole or in part a patent, or avoiding or suspending the registration and all or any rights conferred by the registration of any design the Board may in their discretion grant in favor of persons other than the subject of any state at war with His' Majesty, licenses to make, use, exercise, or vend the patented invention or registered design so avoided or suspended upon such terms and con- ditions, and either for the w T hole term of the patent or registration of the design, or for such less period as the Board of Trade may think fit. 2. These rules shall be read and construed as one with the Patents, Designs, and Trade-Marks (temporary) Rules, 1914, dated 21st of August. 1914, and the Designs Rules, 1914, dated 5th of September, 1914. Dated this 7th day of September, 1914. (Signed) WALTER RTJNCIMAN, President of the Board of Trade. (From the Official Illustrated Journal (Patents], No. 1340, Sept. 23, 1914.) PATENTS TRADE-MARKS DESIGNS TRADING WITH THE ENEMY- LICENSE TO PAY TAXES, ETC., OF SEPTEMBER 23, 1914. Whereas by royal proclamation relating to trading with the enemy, dated the 9th day of September, 1914, it was, amongst other things, declared as follows : " The expression ' enemy country ' in this proclamation means the territories of the German Empire and of the dual monarchy of Aus- tria-Hungary, together with all the colonies and dependencies thereof." " The expression .' enemy ' in this proclamation means any person or body of persons of whatever nationality resident or carrying on busi- ness in the enemy country. In the case of incorporated bodies enemy character attaches only to those incorporated in an enemy country." And whereas it was also declared by the said proclamation that from and after the date of the said proclamation all persons resident, carrying on business, or being in His Majesty's dominion were pro- hibited from doing certain acts therein more specifically referred to. And whereas it was further declared by the said proclamation as follows : " Nothing in this proclamation shall be taken to prohibit anything which shall be expressly permitted by our license or by the license given on our behalf by a Secretary of State or the Board of Trade. 284 GREAT BRITAIN. whether such licenses be especially granted to individuals or be an- nounced as applying to classes of persons." And whereas it appears desirable to grant the license hereinafter set out: ; i/'' Now, therefore, the Board of Trade, acting on behalf of His Majesty and in pursuance of the power reserved in the said proc- lamation, do hereby give and grant license to all persons resident, carrying on business, or being in His Majesty's dominions. To pay any fees necessary for obtaining the grant, or for obtaining the renewal, of patents or for obtaining the registration of designs or trade-marks, or the renewal of such registration in any " enemy country." And also to pay on behalf of an " enemy " any fees payable on appli- cation for or renewal of the grant of a British patent, or on applica- tion for the registration of British designs or trade-marks or the renewal of such registration. Dated this 23d day of September, 1914. For and on behalf of the Board of Trade. (Signed) H. LLEWELLYN SMITH, Secretary of. the said Board. (From the Illustrated Official Journal (Patents), No. 1341, Sept, 30,1914.) ..'.... . i PATENTS DESIGNS TRADE-MARKS PRIORITY WAR MEASURES EX- TENSIONS or THE TERMS or PRIORITY ESTABLISHED BY THE UNION. In 211 Official Gazette, 288, is published the translation of Circular 158/1351 of the International Bureau at Berne, announcing the exten- sion of the terms of priority established by the Union, on account of the present state of war: CHEAT BRITAIN. Great Britain calls our attention to the fact that No. 3 of the (temporary) regulations of August 21, 1914, on patents, designs, and trade-marks 1 author- izes the granting of extensions of terms in the United Kingdom in all cases where circumstances due to the war may be invoked in good faith as having prevented the filing of an application for patent, a design, or a trade-mark 1 This provision authorizes the Comptroller General of Patents to extend any term speci- fied for the performance of any act or for the filing of any document in either of the fol- lowing cases : (a) When it shall have been shown * * * that the applicant * * * has been prevented from performing the act or filing the respective document by reason of active service, enforced absence from this country, or for any other reason due to the present state of war which in the opinion of the comptroller is of such nature as to justify an extension of terms. (6) When by reason of circumstances resulting from the present state of war the per- formance of an act prescribed would have been detrimental or harmful to the interests of the applicant. * * * GREAT BRITAIN. 285 within the specified term. According to the British Patent Office, the provision referred to above authorizes an extension of the terms established by section 91 of the Patent and Designs Act of 1907 for the filing of applications entitled to the benefits of the International Convention for the Protection of Industrial Prop- erty. The Comptroller of Patents will exercise this faculty in the cases provided for under (a) and (&) of No. 3 of the regulations referred to when circumstances may appear to him to require it. Each case will be investigated by himself upon the application of the interested party, and there is no intention of pro- ceeding to a general extension of the terms of priority applicable indifferently to all cases. Under the terms of section 3 of the law of 1914 relative to the regulations (temporary) with regard to 'patents, designs, and trade-marks, the regulations issued by virtue of such law shall remain in force during the entire period of the war, and for six months thereafter. PATENTS DESIGNS TTADE - MARKS FEES TAXES ENEMY COUN- TRIES LICENSE ORDER or NOVEMBER 4, 1914. TRADING WITH THE ENEMY PAYMENT OF PATENTS, DESIGNS, AND TRADE-MARKS FEES. Whereas by royal proclamation relating to trading with the enemy, dated the 9th day of September, 1914, it was, amongst other things, declared as follows : " The expression ' enemy country ' in this proclamation means the territories of the German Empire and of the Dual Monarchy of Austria, together with all the colonies and dependencies thereof. " The expression ' enemy ' in this proclamation means any person or body of persons of whatever nationality resident or carrying on business in the enemy country, but does not include persons of enemy nationality who are neither resident nor carrying on business in the enemy country. In the case of incorporated bodies, enemy character attaches only to those incorporated in any enemy country." And whereas it was also deolared by the said proclamation that from and after the date of the said proclamation the persons therein referred to were prohibited from doing certain acts therein more specifically mentioned : And whereas it was further declared by the said proclamation as follows : " Nothing in this proclamation shall be taken to prohibit anything which shall be expressly permitted by our license or by the license given on our behalf by a Secretary of State or the Board of Trade, whether such licenses be specially granted to individuals or be an- nounced as applying to classes of persons." And whereas in pursuance of the po\vers conferred by the Trading- with-the-Enemy Proclamation No. 2 of the Board of Trade, acting on behalf of His Majesty TDV license dated the 23d day of September, 286 GREAT BRITAIN. 1914. granted license to the persons therein referred to to pay the fees therein more specifically mentioned; And whereas by proclamation dated the 8th day of October, 1914, the said proclamation dated the 9th day of September, 1914, called the Trading-with-the-Enemy Proclamation No. 2, was amended as therein more specifically set forth, and the said proclamation of the 8th clay of October, 1914, was to be read as one with the Trading- with-the-Enemy Proclamation No. 2; And whereas in consequence of the provisions of the said procla- mation dated the 8th day of October, 1914, it is desirable to restate and modify the provisions contained in the before-recited license dated the 23d day of September, 1914. Now, therefore, the Board of Trade, acting on behalf of His Majesty, and in pursuance of the power reserved in the said proc- lamation and all other powers thereunto them enabling, do hereby give and grant license to all persons resident, carrying on business or being in the United Kingdom To pay any fees necessary for obtaining the grant for or for obtain- ing the renewal of patents or for obtaining the registration of designs or trade-marks or the renewal of such registration in an " enemy country " ; And also to pay on behalf of an " enemy " any fees payable in the United Kingdom on application for or renewal of the grant of a patent or on application for the registration of designs or trade- marks or the renewal of such registration. Dated this 4th day of November, 1914. (Signed) H. LLEWELLYN SMITH, Secretary of the said Board. (From Illustrated Official Journal (Patents], Nov. 11. 1914, No. 1347.) PATENTS DESIGNS TRADE-MARKS FOREIGN DEPOSIT OF DOCU- MENTS OFFICIAL NOTICE. In compliance with a request made by the Council of Chartered Institute of Patent Agents it has been arranged that notifications and documents relating to foreign patents, designs, and trademarks, which agents or others are unable to forward to their destination abroad, may be deposited in the Patent Office (room 27) with the object of recording the intention on the part of the depositor to do any act or to file any document on a certain date at a foreign Patent Office. No guaranty can, however, be given that such procedure will be of any advantage to the persons concerned. GREAT BRITAIN. 287 Notifications and documents (other than drawings) so deposited must be written on foolscap paper and filed in duplicate, and the purpose for which the deposit is required must be stated. One copy, bearing a 2s. 6d. stamp (see Patents, Designs, and Trade-Marks Rules, 1914), to be impressed at the Inland Revenue Office (room 28), will be retained in the Office, and the other copy, after being num- bered and dated, will be returned to the applicant. A separate notice must be given of each country, but several fees may be included in one notice, provided that they are afterwards to be paid through one and the same foreign agent. The Chartered Institute of Patent Agents are opening a trust account, into which money in regard to such matters may be paid, subject to such rules as the institute may make. (From Illustrated Official Journal (Patents), Nov. 25, 1914, No. 1349.) PATENTS TRADE-MARKS ALIEN ENEMIES AVOIDANCE OR SUSPEN- SION PATENTS, DESIGNS, AND TRADE-MARKS (TEMPORARY RULES) ACTS, 1914. ALIEN ENEMIES. Patents, Designs, and Trade-Marks (temporary rules) Acts, 191^ For the information of the public it is thought desirable that the general principles upon which the Board of Trade will act in dealing with applications for the avoidance or suspension of patents and trade-marks under the above Acts should be made known. The prin- ciple given below may be taken as generally applicable, but special cases must necessarily receive exceptional treatment. Patents. Licenses will, as a general rule, be granted, where the applicants fulfill the necessary conditions, set out in rule 1 of the temporary rules: (1) Where there is no manufacture in this country under the pat- ent, and also (2) Where what manufacture there is, is carried on by a company or firm on behalf of alien enemies resident abroad, and there is any reason to doubt that the manufacture will continue to be carried on v or where it is in the interests of the country that some other manu- facture should be started in the British interests. 03169 19 19 288 GREAT BRITAIN. Trade-marks. Suspension will, as a general rule, only be granted in the following cases : (1) Where the trade-mark is the name of a patented article, and a license is granted under the patent protecting it. (2) Where it is the only name or only practicable name of an article manufactured under an expired patent. (3) Where it is the name or the only practicable name of an article manufactured in accordance with a known process or formula which has been published or is well known in the trade. Generally speaking, suspension will not be granted in the case of pictorial devices. (From Illustrated Official Journal (Patents], Nov. 11. 1914, No. 1347.) PATENTS TRADE-MARKS FOREIGN APPLICATIONS TAXES WAR MEASURES OFFICIAL INTERPRETATION . DEPARTMENT OF THE INTERIOR, UNITED STATES PATENT OFFICE, Washington, D. O., December 8, 1914. The following letter from the American Ambassador at London and the inclosures referred to therein, which have been received from the Secretary of State, are published for the information of those concerned. (Signed) THOMAS EWING, Commissioner. [Copy.] No. 554.] EMBASSY OF THE UNITED STATES OF AMERICA, London, November 4> 19 H. The Honorable the SECRETARY OF STATE, Washington: SIR: With reference to your unnumbered instruction of Septem- ber 16 last on the subject of taxes on patents and the filing of applications therefor in Great Britain, I have the honor to transmit- herewith inclosed a copy of a note I have just received from the Foreign Office, together with its inclosures relating to this matter. I have the honor to be, sir, your obedient servant, (Signed) WALTER HINES PAGE. Inclosure: Sir E. Grey to Mr. Page, November 3, 1914, with inclosures. GREAT BRITAIN. 289 [Copy.] Sir Edward Grey presents his compliments to the United States Ambassador, and has the honor to acknowledge receipt of His Excel- lency's note of October 2, respecting the payment of patent fees due to His Majesty's Government by United States citizens. Sir Edward Grey has the honor to transmit herewith in reply a copy of a memorandum on the subject, together with the documents referred to therein, which has been drawn up by the Comptroller General of Patents, Designs, and Trade-Marks. Sir Edward Grey has the honor to call Mr. Page's attention to the arrangements which have been made by His Majesty's Government in order to prevent the interests of applicants for patents, designs, or trade-marks, of patentees and of proprietors of designs or trade- marks being prejudiced by their failure to do any act or file any document required under the Patents and Designs Act (1907). or the Trade-Marks Act (1905), when such failure is due to circumstances arising from the war. FOREIGN OFFICE, November 3, 1914. [Copy.] Under the provisions of section 1 (1) of the Patents, Designs, and Trade-Marks (temporary rules) Act, 1914, the Board of Trade were inter alia given power to make rules and do such things as they think expedient for extending the time within which any act or thing may or is required to be done under the Patents and Designs Act, 1907, and the Trade-Marks Act, 1905. By virtue of this power the Board on the 21st of August last issued the Patents, Designs, and Trade-Marks (temporary) Kules, rule 3 of which runs as follows : The comptroller may also at any time during the continuance of these rules extend the time prescribed by the Patents and Designs Act, 1907, or the Trade- Marks Act, 1905, or any rules made thereunder, for doing any act or filing any document, upon such terms and subject to such conditions as he may think fit in the following cases, namely : (a) Where it is shown to his satisfaction that the applicant, patentee, or pro- prietor, as the case may be, was prevented from doing the said act or filing the said document, by reason of active service or enforced absence from this country or any other circumstances arising from the present state of war, which, in the opinion of the comptroller, would justify such extension. (&) Where the doing of any act would, by reason of the circumstances arising from the present state of war, be prejudicial or injurious to the rights or in- terests of any applicant, patentee, or proprietor as aforesaid. 290 GREAT BRITAIN. It will be observed that under this rule the comptroller has power to extend the time for doing any of the things mentioned in the American Ambassador's letter provided the circumstances of the case come within the provisions of paragraphs (a) and (b) of that rule. The procedure to be followed in cases where extensions are necessary is set out in paragraph 3 of the " Procedure to be followed under rules 2 and 3 of the rules," and in this connection it should be noted that an application for an extension of time within which an applicant for a patent, design, or trade-mark, patentee, or proprietor of a design or trade-mark, may do any act (such as the payment of a fee), or file any document should not be made until the applicant, patentee, or proprietor of a design or trade-mark, as the case may be, is in a posi- tion to do the said act or file the said document. On the other hand, any application or request to the comptroller to abstain from doing any act should be made before the date for the doing of any such act. (Signed) W.T.F. (From 209 Official Gazette, 1054.) PATENTS DESIGNS TRADE-MARKS PRACTICE RULES ( TEMPORARY ) Nos. 1255 AND 1256 PROCEDURE (AMENDATORY) or JUNE 1, 1915. PATENTS, DESIGNS, AND TRADE-MARKS (TEMPORARY) RULES, 1914, DATED 2 1ST OF AUGUST, 1914. [Procedure to be followed under rules 2 and 3 of the above rules. This procedure is substituted for the procedure dated the 21st of August, 1914.] Until further notice the following procedure will be adopted in dealing with all work in connection with patents, designs, and trade- marks: 1. During the continuance of the war no patent will be sealed and no registration of a trade-mark or design will be granted to subjects (hereinafter called "such subjects") of any State at war with His Majesty. The term " such subjects," except for the purposes of paragraph 4 hereof, will be taken to include (a) a firm which by reason of its con- stitution may be considered as managed or controlled by such subjects or the business whereof is wholly or mainly carried on on behalf of such subjects; (&) a company which has received its constitution in an enemy's State; (c) a company registered in His Majesty's domin- ions the business whereof is managed or controlled by such subjects, or is carried on wholly or mainly on behalf of such sub jeers. 2. As regards applications for patents, designs, or trade-marks no distinction will in the first place be drawn between those made by such subjects and those made by other persons. All proceedings thereunder will be carried on as usual down to and including accept- GEEAT BRITAIN. 291 ance; but in the case of applications by such subjects all proceedings thereon subsequent to acceptance (except such proceedings and mat- ters as are mentioned in sec. 9 of the Patents and Designs Act, 1907) will be suspended until otherwise directed. The suspension of proceedings upon applications by such subjects will only be recalled or discharged upon proper terms, including, if thought fit, the release of the applicant of the privileges and rights which he would otherwise have under section 10 of the Patents and Designs Act, 1907. 3. Applicants who fail to conform to the provisions of the Patents and Designs Act, 1907, the Trade-Marks Act, 1905, and the rules made thereunder will run the risk of losing their rights unless they are able to bring themselves under the provisions of rule 3 of the above rules. Applications under rule 3 (a) should be made and will be considered at such time as the applicant, patentee, or proprietor of a design or trade-mark as the case may be, is in a position to do the said act or file the said document as aforesaid. Applications under rule 3 (fr) should be made before the date for the doing of any such act. 4. As regards oppositions to the grant of patents and the registra- tion of trade-marks, arising after the commencement of the war (a) oppositions by such subjects in cases where the grant or registra- tion opposed is one to a British citizen or alien friend will not be entertained, (b) In the case where the grant or registration opposed is a grant or registration to any such subject the notice of opposition will be accepted, but all further proceedings will be suspended until the end of the war. 5. As regards inventions communicated by such subjects as afore- said in respect of which patents are applied for by persons in this country, these will be treated in the same manner as if made directly by the communicator. Dated 1st day of June, 1915. (Signed) W. TEMPLE FRANKS, Comptroller General. PATENTS LICENSES WAR MEASURE TEMPORARY RULES (AMENDA- TORY) OF JUNE 17, 1915. STATUTORY RULES AND ORDERS, 1915, NO. 591 PATENTS, DESIGNS, AND TRADE-MARKS (TEMPORARY) RULES, 1915, DATED JUNE 17, 1915. Whereas by the Patents, Designs, and Trade-Marks Temporary Rules (amendment) Act, 1914, it was provided, amongst other things, that the Patents, Designs, and Trade-Marks (temporary rules) Act, 1914, should have effect, and be deemed always to have had effect, as if 292 GREAT BRITAIN. the words " any patent or license granted to a subject of any State at war with His Majesty " there were substituted the words " any patent or license the person entitled to the benefit of which is the subject of any State at war with His Majesty"; And whereas by the rules made under the last-mentioned Act pro- vision was made for the avoidance and suspension in whole or in part of any patent or license granted to a subject of any State at war with His Majesty : Now, therefore, in pursuance of the powers conferred on them by the said Acts, the Board of Trade hereby make the following rule : It is hereby declared that the said rules shall have effect, and shall be deemed always to have had effect, as if a substitution similar to the above-cited substi- tution had been made therein, that is to say, as if in the said rules for the words " any patent or license granted to a subject of any State at war with His Majesty " there were substituted the words " any patent or license the person entitled to the benefit of which is the subject of any State at war with His Majesty." Dated the 17th day of June, 1915. (Signed) WALTER BUNCIMAN, President of the Board of Trade. (From the Illustrated Official Journal (Patents}, June 30, 1915, No. 1380.) PATENTS WORKING PATENTS AND DESIGNS ACT (PARTIAL SUS- PENSION) ACT, 1915. CHAPTER 85. An Act to suspend the operation of section 27 of the Patents and Designs Act, 1907, during the continuance of the pres- ent war, and for a period of six months thereafter (23d November, 1915). Be it enacted ~by the King^s most Excellent Majesty, ~by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same,, as follows: 1. The operation of section 27 of the Patents and Designs Act, 1907, shall be suspended during the continuance of the present war, and a period of six months thereafter, and in reckoning the period of four years mentioned in the said section the period during which that sec- tion is suspended by virtue of this Act shall not be taken into account. 2. This Act may be cited as the Patents and Designs Act (partial suspension) Act, 1915. (From Illustrated Official Journal (Patents], Dec. 15, 1915.) ; GREAT BRITAIN. 293 PATENTS DESIGNS DETRIMENTAL TO PUBLIC SAFETY APPLICA- TIONS REGULATION ORDER IN COUNCIL OF OCTOBER 14, 1915. [Extract from Order in Council of 14th October, 1915.] At the Couri at Buckingham Palace, the 14th day of October, 1915- Present : The King's Most Excellent Majesty in Council. Whereas by an Order in Council, dated the 28th day of November, 1914, His Majesty was pleased to make regulations, (called the de- fense of the realm [consolidation] regulations, 1914) under the Defense of the Realm Consolidation Act, 1914, for securing the public safety and the defense of the realm; Arid whereas the said Act has been amended by the Defense of the Realm (amendment) Act, 1915, the Defense of the Kealm (amend- ment), No. 2, Act, 1915, and the Munitions of War Act, 1915; And whereas the said regulations have been amended by Orders in Council, dated the 23d day of March, the 13th day of April, the 29th day of April, the 2d day of June, the 10th day of June, the 6th day of July, the 28th day of July, and the 24th day of September, 1915: And whereas it is expedient further to amend the said regulations in manner hereinafter appearing; Now, therefore, His Majesty is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, that the fol- lowing amendments be made in the said regulations : ***** * 2. After regulation ISa the following regulation shall be inserted : ISb. (1) Where an application has been made, whether before or after the date of the making of this Order, for the grant of a patent or the registration of a design in the United Kingdom, and the comptroller general of patents, designs, and trade-marks is satisfied that the publication of the invention or design might be detrimental to the public safety or the defense of the realm, or might otherwise assist the enemy or endanger the successful prosecution of the war, he may delay the acceptance of the complete specification filed with the application for the patent or, as the case may be, the registration of the design, and in such case may by order prohibit (a) The publication or communication in any way of the invention or design ; (1) Application being made for the protection of the invention or design in any enemy or neutral country ; and (c) Application being made for the protection of the invention or design in any allied country or in any of His Majesty's dominions without the permission of the Admiralty and Army Council. (2) No person shall apply for the grant of a patent in respect of any inven- tion or the registration of a design in any foreign country, or in any of His Majesty's dominions unless he has left at, or sent by post to the Patent Office a notice of his intention together with a provisional specification describing the nature of the invention or, as the case may be, a representation or specimen of 294 GEEAT BRITAIN. the design, nor until after the expiration of one month from the time when such notice was given, and if during the said month the comptroller general is satis- fied that the publication of the invention or design might be detrimental to the public safety or the defense of the realm, or otherwise assist the enemy or endanger the successful prosecution of the war, he may make a like order as in respect of cases in which application is made for .the grant of a patent or the registration of a design in the United Kingdom. (3) Before exercising any of his powers under this regulation as respects .any matter the comptroller general shall consult with the Admiralty and Army -Council, and shall not act except upon the request of the Admiralty or Army Council. (4) If any person contravenes the provisions of this regulation or of any order made thereunder, he shall be guilty of an offense against these regulations. (Signed) ALMERIC FITZROY. (From the Illustrated Official Journal (Patents), No. 1392. of Sept, 22, 1915.) PATENTS DESIGNS TRADE-MARKS APPLICATIONS RENEWALS NO- TICE TO AGENTS. BOARD or TRADE ANNOUNCEMENT TO PATENT AGENTS. The Board of Trade desire to remind patent agents that it is not permissible to receive from agents in enemy countries instructions or documents in respect of applications for the grant or renewal of pat- ents or applications in respect of the registration of designs or trade- marks in the United Kingdom on behalf of persons in neutral coun- tries. Patent agents should satisfy themselves that any instructions or documents which they may receive on behalf of a person in a neutral country have not passed through the hands of an enemy. November, 1915. (Signed) BOARD OF TRADE. (From Illustrated Official Journal (Patents), Nov. 24, 1915.) PATENTS DESIGNS TRADE-MARKS (TEMPORARY) RULES, 1915 (SECOND SET), OF OCTOBER 19, 191'5. By virtue of the provisions of the Patents, Designs, and Trade- Marks (temporary rules) Act, 1914, the Board of Trade hereby make the following rules : 1. The comptroller may, at any time during the continuance of these rules, extend the time prescribed by the Patents and Designs Act, 1907, or the Trade- Marks Act, 1905, or any rules made thereunder, for doing any act, upon such terms and subject to such conditions as he may think fit, where the doing of such act would by reason of the present state of war be prejudicial to the public interest. GEE AT BRITAIN. 295 2. These rules shall be called the Patents, Designs, and Trade-Marks "(tempo- rary) Rules, 1915 (second set), and shall come into operation as and from the 14th day of October, 1915. Dated the 19th day of October, 1915. (Signed) WALTEE RUNCIMAN, President of the Board of Trade. (From the Illustrated Official Journal (Patents), No. 1399, of Nov. 10, 1915.) PATENTS DESIGNS TRADE-MARKS FEES PAYMENTS TRADING WITH THE ENEMY ORDER (AMENDATORY) OF DECEMBER 7, 1915. TRADING WITH THE ENEMY. Payment of patents, designs, and trade-marks fees. Whereas by royal proclamation relating to trading with the enemy, dated the 9th day of September, 1914, it was, amongst other things, declared as follows : " The expression ' enemy country ' in this proclamation means the territories of the German Empire and of the Dual Monarchy of Aus- tria-Hungary, together with all the colonies and dependencies thereof. " The .expression ' enemy ' in this proclamation means any person or body of persons, of whatever nationality, resident or carrying on busi- ness in the enemy country, but does not include persons of enemy nationality who are neither resident nor carrying on business in the enemy country. In the case of incorporated bodies enemy character attaches only to those incorporated in an enemy country"; And whereas it was also declared by the said proclamation that from and after the date of the said proclamation the persons therein referred to were prohibited from doing certain acts therein more specifically mentioned; And whereas it was further declared by the said proclamation as follows : " Nothing in this proclamation shall be taken to prohibit anything which shall be expressly permitted by our license, or by the license given on our behalf by a Secretary of State or the Board of Trade, whether such licenses be especially granted to individuals or be an- nounced as applying to classes of persons " ; And whereas by proclamation dated the 8th day of October, 1914, the said proclamation dated the 9th day of September, 1914, called the Trading-with-the-Enemy Proclamation No. 2 was amended as therein more specifically set forth, and the said proclamation of the 8th day of October, 1914, was to be read as one with the Trading- with-the-Enemy Proclamation No. 2 ; And whereas in pursuance of the powers conferred by the above- recited proclamations the Board of Trade, acting on behalf of His 296 GREAT BRITAIN. Majesty by license dated the 4th day of November, 1914, granted license to the persons therein referred to to pay the fees therein more specifically mentioned ; And whereas by proclamation dated the 5th day of November. 1914. it was declared that the provisions of the proclamations and orders in council then in force issued with reference to the state of war with the Emperor of Germany and the Emperor of Austria, King of Hungary, should be extended to the war with Turkey, subject to the exception in such proclamation mentioned, and it was declared that the words " enemy country " in any of the proclamations or orders in council 'referred to in Article I of the said proclamation should include the dominions of His Imperial Majesty, the Sultan of Tur- key, other than Egypt, Cyprus, and any territory in the occupation of us or our allies ; And whereas by proclamation dated the 7th day of January, 1915, the provisions of the proclamations dated, respectively, the 9th ; -'55 Stat. L.. 229. providing for removing and storing valuable models and disposing of others : superseded in part by act Mar. 4, 1909, ch. 298. 35 Stat. L., 924 : " That all models of the Patent Office be retained by the Interior Depart- ment until provision is made for their care by Congress." SEC. 485. The Commissioner of Patents may restore to the re- spective applicants such of the models belonging to rejected applica- tions as he shall not think necessary to be preserved, or he may sell or otherwise dispose of them after the application has been finally rejected for one year, paying the proceeds into the Treasury, as other patent moneys are directed to be paid. SEC. 48G. There shall be purchased for the use of the Patent Office a library of such scientific works and periodicals, both foreign and American, as may aid the officers in the discharge of their duties, not exceeding the amount annually appropriated for that purpose. SEC. 487. For gross misconduct the Commissioner of Patents may refuse to recognize any person as a patent agent, either generally or UNITED STATES OF AMERICA. 385 in any particular case ; but the reasons for such refusal shall be duly recorded, and be subject to the appeal of the Secretary of the Interior. SEC. 488. The Commissioner of Patents may require all papers filed in the Patent Office, if not correctly, legibly, and clearly written, to be printed at the cost of the party filing them. SEC. 489. The Commissioner of- Patents may print, or cause to be printed, copies of the claims of current issues, and copies of such laws, decisions, regulations, and circulars as may be necessary for the information of the public. S paragraph " Sixth " of act of Jan. 12, 1895, post., p. 386. SEC. 490. The Commissioner of Patents is authorized to have printed, from time to time, for gratuitous distribution, not to exceed 150 copies of the complete specifications and drawings of each patent hereafter issued, together with suitable indexes, one copy to be placed for free public inspection in each capitol of every State and Terri- tory, one for the like purpose in the clerk's office of the district court of each judicial district of the United States, except when such offices are located in State or Territorial capitols, and one in the Library of Congress, which copies shall be certified under the hand of the commissioner and seal of the Patent Office, and shall not be taken from the depositories for any other purpose than to be used as evidence. (See sec. 894.) Superseded by act of .Ian. 12, 1895, ch. 23, sec. 73, par. 5 ; 28 Stat. L., 620, which was repealed by a<*t of Aug. 24, 1912 ("Sundry civil" act, No. 302). Sec. 491, R. S.. and sec. 12 of the act of Mar. 3, 1875, 18 Stat. L., 402, were disposed of in like manner. Res. No. 35 of Tune 28, 1902 ; 32 Stat. L., 746, made the Carnegie Library, of Pitts- burgh, the place of deposit for the western district of Pennsylvania. Act of Jan. 12, 1895. The Commissioner of Patents, upon the requisition of the Secretary of the Interior, is authorized to continue the printing of the follow- ing: First. The patents for inventions and designs issued by the Patent Office, including grants, specifications, and drawings, together with copies of the same, and of patents already issued, in such number as may be needed for the business of the office. Second. The certificates of trade-marks and labels registered in the Patent Office, including descriptions and drawings, together with copies of the same, and of trade-marks and labels heretofore regis- tered, in such numbers as may be needed for the business of the office. Third. The Official Gazette of the United States Patent Office in numbers sufficient to supply all who shall subscribe therefor at $5 886 UNITED STATES OP AMEBIOA. per annum; also to exchange for other scientific publications desir- able for the use of the Patent Office ; also to supply one copy to each Senator, Representative, and Delegate in Congress; also to supply one copy to eight such public libraries having over 1,000 volumes, exclusive of Government publications, as shall be designated by each Senator, Representative, and Delegate in Congress, with 100 addi- tional copies, together with bimonthly and annual indexes for all the same; of the Official Gazette the "usual number" shall not be printed. Fourth. The Report of the Commissioner of Patents for the fiscal year, not exceeding 500 in number, for distribution by him; the Annual Report of the Commissioner of Patents to Congress, without the list of patents, not exceeding 1,500 in number, for distribution by him; and of the Annual Report of the Commissioner of Patents to Congress, with the list of patents, 500 copies for sale by him, if needed, and in addition thereto the " usual number " only shall be printed. Fifth. Repealed by act of August 24, 1912 ("Sundry civil" act, No. 302). (See sec. 490, R. S., ante, p. 385.) Sixth. Pamphlet copies of the rules of practice, pamphlet copies of the patent laws, and pamphlet copies of the laws and rules relating to trade-marks and labels, and circulars relating to the business of the office, all in such numbers as may be needed for the business of the office. The " usual number" shall not be printed. (See sec. 489, R. S., ante, p. 385.) Seventh. Annual volumes of the decisions of the Commissioner of Patents and of the United States courts in patent cases, not ex- ceeding 1,500 in number, of which the "usual number" shall be printed, and for this purpose a copy of each shall be transmitted to Congress promptly when prepared. Eighth. Indexes to patents relating to electricity, and indexes to foreign patents, in such numbers as may be needed for the business of [the] office. The " usual number " shall not be printed. All printing for the Patent Office making use of lithography or photolithography, together with the plates for the same, shall be con- tracted for and performed under the direction of the Commissioner of Patents, under such limitations and conditions as the Joint Com- mittee on Printing may from time to time prescribe, and all other printing for the Patent Office shall be done by the Public Printer under such limitations and conditions as the Joint Committe on Printing may from time to time prescribe : Provided, That the entire work may be done at the Government Printing Office whenever in the judgment of the Joint Committee on Printing the same would be to the interest of the Government. (Superseding sec. 492, R. S.). UNITED STATES OF AMEBICA. 387 Revised Statutes, Title XL SEC. 493. The price to be paid for uncertified printed copies of specifications and drawings of patents shall be determined ,by the Commissioner of Patents : Provided, That the maximum cost of a copy shall be ten cents. SEC. 494. The Commissioner of Patents shall lay before Congress, in the month of January, annually, a report, giving a detailed state- ment of all moneys received for patents, for copies of records or drawings, or from any other source whatever; a detailed statement of all expenditures for contingent and miscellaneous expenses, a list of all patents which were grunted during the preceding year, desig- nating under proper heads the subjects of such patents; an alpha- betical list of all the patentees, with their places of residence; a list of all patents which have been extended during the year; and such other information of the condition of the Patent Office as may be useful to Congress or the public. (See sees. 195, 196.) SEC. 496. All disbursements for the Patent Office shall be made by the disbursing clerk of the Interior Department. SEC. 892. Written or printed copies of any records, books, papers, or drawings belonging to the Patent Office, and of letters, patent authenticated by the seal and certified by the commissioner or acting commissioner thereof, shall be evidence in all cases wherein the originals could be evidence; and any person making application therefor, and paying the fee required by law, shall have certified copies thereof. SEC. 893. Copies of the specifications and drawings of foreign letters patent certified as provided in the proceeding section shall be prima facie evidence of the fact of the granting of such letters patent, and of the date and contents thereof. SEC. 894. The printed copies of specifications and drawings of patents, which the Commissioner of Patents is authorized to print for gratuitous distribution, and to deposit in the capitols of the States and Territories, and in the clerk's offices of the district courts, shall, when certified by him % and authenticated by the seal of his office, be received in all courts as evidence of all matters therein contained. (See sec. 490.) SEC. 973. When judgment or decree is rendered for the plaintiff or complainant, in any suit at law or in equity, for the infringement of a part of a patent, in which it appears that the patentee, in his specification, claimed to be the original and first inventor or dis- coverer of any material or substantial part of the thing patented of which he was not the original and first inventor, no costs shall be recovered, unless the proper disclaimer, as provided by the patent 388 UNITED STATES OF AMERICA. laws, has been entered at the Patent Office before the suit was brought. (See sees. 4917, 4922.) SEC. 1537. No patented article connected with marine engines shall hereafter be purchased or used in connection with any steam vessels of war until the same shall have been submitted to a competent board of naval engineers, and recommended by such board, in writing, for purchase and use. (From act of July 18, 1861, 12 Stat. L., p. 268.) PATENTS. Revised Statutes, Title LX. SEC. 4883. All patents shall be issued in the name of the United States of America, under the seal of the Patent Office, and shall be signed by the Commissioner of Patents, and they shall be recorded, together with the specifications, in the Patent Office in books to be kept for that purpose. SEC. 4884. Every patent shall contain a short title or description of the invention or discovery, correctly indicating its nature and de- sign, and a grant to the patentee, his heirs or assigns, for the term of 17 years, of the exclusive right to make, use, and vend the inven- tion or discovery throughout the United States and the Territories thereof, referring to the specification for the particulars thereof. A copy of the specification and drawings shall be annexed to the patent and be a part thereof. SEC. 4885. Every patent shall issue within a period of three months from the date of the. payment of the final fee, which fee shall be paid not later than six months from the time at which the application was passed and allowed and notice thereof was sent to the applicant or his agent; and if the final fee is not paid within that period the patent shall be withheld. SEC. 4886. Any person who has invented or discovered any new and useful art, machine, manufacture, or composition of matter, or any new and useful improvements thereof, not known or used by others in this country, before his invention or discovery thereof, and not patented or described in any printed publication in this or any foreign country, before his invention or discovery thereof, or more than two years prior to his application, and not in public use or on sale in this country for more than two years prior to his appli- cation, unless the same is proved to have been abandoned, may, upon payment of the fees required by law, and other due proceeding had. obtain a patent therefor. (For appropriation for investigating pub- lic use, etc., see under "Appropriations," post, p. 406.) Section 8 of the act of March 3, 1897, amending sections 4886, 4887, 4894, and 4920, Revised Statutes, reads as follows : " That this act shall take effect January first, eighteen hundred and ninety-eight, and sections one, two, three, and four, amending sections forty- eight hundred and eighty-six, forty-nine hundred and twenty, forty-eight hundred and UNITED STATES OF AMERICA. { 389/ eighty-seven, and forty-eight hundred and ninety-four of the Revised Statutes, shall not apply to any patent granted prior to said date, nor to any application iiled prior to said date, nor to any patent granted on such an application." (29 Stat. L., 604.) SEC. 4887. No person otherwise entitled thereto shall be debarred from receiving a patent for his invention or discovery, nor shall any patent be declared invalid by reason of its having been first patented or caused to be patented by the inventor or his legal repre- sentatives or assigns in a foreign country, unless the application for said foreign patent was filed more than 12 months, in cases within the provisions of section 4886 of the Revised Statutes, and four months in cases of designs, prior to the filing of the application in this country, in which case no patent shall be granted in this country. An application for patent for an invention or discovery or for a design filed in this country by any person who has previously regu- larly filed an application for a patent for the same invention, dis- covery, or design in a foreign country which, by treaty, convention, or law, affords similar privilege to citizens of the United States shall have the same force and effect as the same application would have if filed in this country on the date on which the application for patent for the same invention, discovery, or design was first filed in such foreign country, provided tfye application in this country is filed within 1'2 months in cases within the provisions of section 4880 of the Revised Statutes, and within four months in cases of designs, from the earliest date on which any such foreign application was filed. But no patent shall be granted on an application for patent for an invention or discovery or a design which had been patented or described in a printed publication in this or any foreign country more than two years before the date of the actual filing of the ap- plication in this country, or which had been in public use or on sale in this country for more than two years prior to such filing. (See note following sec. 4886, supra.) SEC. 4888. Before any inventor or discoverer shall receive a patent for his invention or discovery, he shall make application therefor, in writing, to the Commissioner of Patents, and shall file in the Patent Office a written description of the same, and of the manner and process of making, constructing, compounding, and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with with it is most nearly connected, to make, construct, compound, and use the same; and in case of a machine, he shall explain the principle thereof, and the best mode in which he has contemplated applying that principle, so as to distinguish it from other inventions; and he shall particu- larly point out and distinctly claim the part, improvement, or com- bination which he claims as his invention or discovery. The specifi- cation and claim shall be signed by the inventor and attested by two witnesses. 390 UNITED STATES OF AMEEICA. SEC. 4889. When the nature of the case admits of drawings, the applicant shall furnish one copy signed by the inventor or his at- torney in fact, and attested by two witnesses, which shall be filed in the Patent Office; and a copy of the drawing, to be furnished by the Patent Office, shall be attached to the patent as a part of the specification. , SEC. 4890. When the invention or discovery is of a composition of matter, the applicant, if required by the commissioner, shall furnish specimens of ingredients and of the composition, sufficient in quan- tity for the purpose of experiment. SEC. 4891. In all cases which admit of representation by model, the applicant, if required by the commissioner, shall furnish a model of convenient size to exhibit advantageously the several parts of his invention or discovery. SEC. 4892. The applicant shall make oath that he does verily be- lieve himself to be the original and first inventor or discoverer of the art, machine, manufacture, composition, or improvement for which he solicits a patent; that he does not know and does not be- lieve that the same was ever before known or used; and shall state of what country he is a citizen. Such oath may be made before any person within the United States authorized by law to administer oaths, or, when the applicant resides in a foreign country, before any minister, charge d'affaires, consul, or commercial agent holding com- mission under the Government of the United States, or before any notary public, judge, or magistrate having an official seal and author- ized to administer oaths in the foreign country in which the applicant may be, whose authority shall be proved by certificate of a diplomatic or consular officer of the United States. SEC. 4893. On the filing of any such application and the payment of the fees required by law, the Commissioner of Patents shall cause an examination to be made of the alleged new invention or discovery ; and if on such examination it shall appear that the claimant is justly entitled to a patent under the law, and that the same is sufficiently useful and important, the commissioner shall issue a patent therefor. Act of March 3, 1897. SEC. 7. That in every case where the head of any department of the Government shall request the Commissioner of Patents to expe- dite the consideration of an application for a patent it shall be the duty of such head of a department to be represented before the com- missioner in order to prevent the improper issue of a patent. Revised Statutes, Title XL, SEC. 4894. All applications for patents shall be completed and prepared for examination within one year after the filing of the ap- UNITED STATES OF AMERICA. 391 plication, and in default thereof, or upon failure of the applicant to prosecute the same within one year after any action therein, of which notice shall have been given to the applicant, they shall be regarded as abandoned by the parties thereto, unless it be shown to the satisfaction of the Commissioner of Patents that such delay was unavoidable. (See note following sec. 4886, nnte, p. 388.) SEC. 4895. Patents may be granted and issued or reissued to the assignee of the inventor or discoverer ; but the assignment must first be entered of record in the Patent Office. And in all cases of an ap- plication by an assignee for the issue of a patent, the application shall be made and the specification sworn to by the inventor or dis- coverer ; and in all cases of an application for a reissue of any patent, the application must be made and the corrected specification signed by the inventor or discoverer, if he is living, unless the patent was issued and the assignment made before the 8th day of July, 1870. (Last clause is from act of Mar. 3, 1871, ch. 132, 16 Stat. L., 583.) SEC. 4896. When any person, having made any new invention or discovery for which a patent might have been granted, dies before a patent is granted, the right of applying for and obtaining the patent shall devolve on his executor or administrator, in trust for the heirs at law of the deceased, in case he shall have died intestate ; or if he shall have left a will disposing of the same, then in trust for his devisees, in as full manner and on the same terms and condi- tions as the same might have been claimed or enjoyed by him in his lifetime; and when any person having made any new invention or discovery for which a patent might have been granted becomes insane before a patent is granted the right of applying for and obtaining the patent shall devolve on his legally appointed guardian, conserva- tor, or representative in trust for his estate in as full manner and on the same terms and conditions as the same might have been claimed or enjoyed by him while sane : and when the application is made by such legal representatives the oath or affirmation required to be made shall be so varied in form that it can be made by them. The execu- tor or administrator duly authorized under the law of any foreign country to administer upon the estate of the deceased inventor shall, in case the said inventor was not domiciled in the United States at the time of his death, have the right to apply for and obtain the patent. The authority of such foreign executor or administrator shall be proved by certificate of a diplomatic or consular officer of the United States. The foregoing section, as to insane persons, is to cover all applica- tions now on file in the Patent Office or which may be hereafter made. SEC. 4897. Any person who has an interest in an invention or dis- covery, whether as inventor, discoverer, or assignee, for which a patent was ordered to issue upon the payment of the final fee, but 392 UNITED STATES OF AMERICA. who fails to make payment thereof within six months from the time at which it was passed and allowed, and notice thereof was sent to the applicant or his agent, shall have a right to make an application for a patent for such invention or discovery the same as in the case of an original application. But such second application must be made within two years after the allowance of the original applica- tion. But no person shall be held responsible in damages for the manufacture or use of any article or thing for which a patent was ordered to issue under such renewed application prior to the issue of the patent. And upon the hearing of renewed applications preferred under this section, abandonment shall be considered as a question of fact. SEC. 4898. Every patent or any interest therein shall be assignable in law by an instrument in writing, and the patentee or his assigns or legal representatives may in like manner grant and convey an ex- clusive right under his patent to the whole or any specified part of the United States. An assignment, grant, or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless it is recorded in the Patent Office within three months from the date thereof. If any such assignment, grant, or conveyance of any patent shall be acknowledged before any notary public of the several States or Territories or the District of Columbia, or any commissioner of the United States circuit court, or before any secretary of legation or consular officer authorized to administer oaths or perform notarial acts under section seventeen hundred and fifty of the Revised Statutes, the certificate of such acknowledgment, under the hand and official seal of such notary or other officer, shall be prima facie evi- .dence of the execution of such assignment, grant, or conveyance. Act of July 1. 1918 (Bankruptcy Act}. SEC TO. Title to property. The trustee of the estate of a bank- rupt, upon his appointment and qualification, and his successor or successors, if he shall have one or more, upon his or their appoint- ment and qualification, shall in turn be vested by operation of law with the title of the bankrupt, as of the date he was adjudged a bank- rupt, except in so far as it is to property which is exempt, to all ( 1 ) documents relating to his property; (2) interests in patents, patent rights, copyrights, and trade-marks * *. Revised Statutes, Title LX. SEC. 4899. Every person who purchases of the inventor or dis- coverer, or, with his knowledge and consent, constructs any newly invented or discovered machine, or other patentable article, prior to UNITED STATES OF AMERICA. 393 the application by the inventor or discoverer for a patent, or who sells or uses one so constructed, shall have the right to use, and vend to others to be used, the specific thing so made or purchased, without liability therefor. SEC. 4900. It shall be the duty of all patentees, and their assigns and legal representatives, and of all persons making or vending any patented article for or under them, to give sufficient notice to the public that the same is patented; either by fixing thereon the word " patented, " together with the day and year the patent was granted ; or when, from the character of the article, this can not be done, by fixing to it, or to the package wherein one or more of them is inclosed, a label containing the like notice ; and in any suit for infringement, by the party failing so to mark, no damages shall be recovered by the plaintiff, except on proof that the defendent was duly notified of the infringement, and continued, after such notice, to make, use, or vend the article so patented. SEC. 4901. Every person who, in any manner, marks upon any- thing made, used, or sold by him for which he has not obtained a patent, the name or any imitation of the name of any .person who has obtained a patent therefor, without the consent of such patentee, or his assigns or legal representatives; or Who, in any manner, marks upon or affixes to any such patented article the word " patent " or "patentee, " or the words " letters patent ", or any word of like import, with intent to imitate or coun- terfeit the mark or device of the patentee, without having the license or consent of such patentee or his assigns or legal representatives ; or Who, in any manner, marks upon or affixes to any unpatented article the word " patent " or any word importing that the same is patented, for the purpose of deceiving the public, shall be liable, for every such offense, to a penalty of not less than one hundred dollars, with costs; one-half of said penalty to the person who shall sue for the same, and the other to the use of the United States, to be recov- ered by suit in any district court of the United States within whose jurisdiction such offense may have been committed. Revised Statutes, Title LX. SEC. 4902. [This section provided for caveats, and was repealed by the act of June 25, 1910 (ch. 414, 36 Stat. L. ? 843).] The act reads : Be it enacted ft?/ the Senate and House of Representative of the United States of America in Congress assembled, That section forty-nine hundred and two of the Revised Statutes be, and the same is hereby, repealed. SEC. 2. That section forty-nine hundred and thirty-four of the Revised Statutes ne amended by striking out the following : " On filing each caveat, ten dollars." SBC. 3. That this act shall take effect July first, nineteen hundred and ten, and shall not apply to any caveat filed prior to said date. Approved, June 25, 1910. 394 UNITED STATES OF AMERICA. SEC. 4903. Whenever, on examination, any claim for a patent is rejected, the commissioner shall notify the applicant thereof, giving him briefly the reasons for such rejection, together with such infor- mation and references as may be useful in judging of the propriety of renewing his application or of altering his specification; and if, after receiving such notice, the applicant persists in his claim for a patent, with or without altering his specifications, the commissioner shall order a reexamination of the case. SEC. 4904. Whenever an application is made for a patent which, in the opinion of the commissioner, would interfere with any pend- ing application, or with any unexpired patent, he shall give notice thereof to the applicants, or applicant and patentee, as the case may be, and shall direct the primary examiner to proceed to determine the question of priority of invention. And the commissioner may issue a patent to the party who is adjudged the prior inventor, unless the adverse party appeals from the decision of the primary examiner, or of the board of examiners in chief, as the case may be, within such time, not less than twenty days, as the commissioner shall prescribe. SEC. 4905. The Commissioner of Patents may establish rules for taking affidavits and depositions required in cases pending in the Patent Office, and such affidavits and depositions may be taken before any officer authorized by law to take depositions to be used in the courts of the United States or of the State where the officer resides. SEC. 4906. The clerk of any court of the United States, for any district or Territory wherein testimony is to be taken for use in any contested case pending in the Patent Office, shall, upon the applica- tion of any party thereto, or of his agent or attorney, issue a subpoena for any witness residing or being within such district or Territory, commanding him to appear and testify before any officer in such district or Territory authorized to take depositions and affidavits, at y any institution, organization, club, or society which was incorporated in any State in the United States prior to the date of the adoption and use by the applicant: Provided, That said name, distinguishing mark, char- acter, emblem, colors, flag, or banner was adopted and publicly used by said institution, organization, club, or society prior to the date of adoption and use by the applicant: Provided, That trade-marks which are identical with a registered or known trade-mark owned and in use by another and appropriated to merchandise of the same de- scriptive properties, or which so nearly resemble a registered or known trade-mark owned and in use by another and appropriated to merchandise of the same descriptive properties as to be likely to cause confusion or mistake in the mind of the public or to deceive purchasers shall not be registered: Provided, That no mark which consists merely in the name of an individual, firm, corporation, or association not written, printed, impressed, or woven in some par- ticular or distinctive manner, or in association with a portrait of the individual, or merely in words or devices which are descriptive of the goods with which they are used, or of the character or quality of such goods, or merely a geographical name or term, shall be regis- tered under the terms of this act: Provided further, That no por- 410 UNITED STATES OF AMERICA. trait of a living individual may be registered as a trade -mark except by the consent of such individual, evidenced by an instrument in writing: And provided further, That nothing herein shall prevent the registration of any mark used by the applicant or his predeces- sors, or by those from whom title to the mark is derived, in com- merce with foreign nations or among the several States or with In- dian tribes which was in actual and exclusive use as a trade-mark of the applicant, or his predecessors from whom he derived title, for ten years next preceding February twentieth, nineteen hundred and five: Provided further, That nothing herein shall prevent the regis- tration of a trade-mark otherwise registrable because of its being the name of the applicant or a portion thereof. (As amended by act of Mar. 2, 1907.) SEC. 6. That on the filing of an application for registration of a tirade-mark which complies with the requirements of this act, and the payment of the fees herein provided for, the Commissioner of Patents shall cause an examination thereof to be made; and if on such exami- nation it shall appear that the applicant is entitled to have his trade- mark registered under the provisions of this act, the commissioner shall cause the mark to be published at least once in the Official Qa^ette of the Patent Office. Any person who believes he would be damaged by the registration of a mark may oppose the same by filing notice of opposition, stating the grounds therefor, in the Patent Office within thirty days after the publication of the mark sought to be registered, which said notice of opposition shall fye verified by the person filing the same before one of the officers mentioned in section two of this. act. An opposition may be filed by a duly authorized attorney, but such opposition shall be null and void unless verified by the opposer within a reasonable time after such filing. If no notice of opposition is filled within said time, the commissioner shall issue a certificate of registration therefor, as hereinafter provided for. If on examination an application is refused, the commissioner shall notify the applicant, giving him his reasons therefor. SEC. 7. That in all cases where notice of opposition has been filed the Commissioner of Patents shall notify the applicant thereof and the grounds therefor. Whenever application is made for the registration of a trade-mark which is substantially identical with a trade-mark appropriated to goods of the same descriptive properties., i;or which a certificate of registration has been previously issued to, another, or for registration of which another has previously made application, or which so nearly resembles, such trade-mark, or a known trade-mark owned and used by another, as, in'tfee opinion, of the. commissioner, tp be likely to be mistaken theref or by the public, he may declare that an interference UNITED STATES OF AMERICA. 411 exists as to such trade-mark, and in every case of interference or opposition to registration he shall direct the examiner in charge of interferences to determine the question of the right of registration to such trade-mark, and of the sufficiency of objections to registration, in such manner and upon such notice to those interested as the com- missioner may by rules prescribe. The commissioner may refuse to register the mark against the reg- istration of which objection is filed, or may refuse to register both of two interfering marks, or may register the mark, as a trade-mark, for the person first to adopt and use the mark, if otherwise entitled to register the same, unless an appeal is taken, as hereinafter provided for, from his decision, by a party interested in the proceeding, within such time (not less than twenty days) as the commissioner may prescribe. Sfic. 8. That every applicant for the registration of a trade-mark, or for the renewal of the registration of a trade-mark, which appli- cation is refused, or a party to an interference against whom a deci- sion has been rendered, or a party who has filed a notice of opposition as to a trade-mark, may appeal from the decision of the examiner in charge of trade-marks, or the examiner in charge of interferences, as the case may be, to the commissioner in person, having once paid the fee for such appeal. SEC: 9. That if an applicant for registration of a trade-mark, or a party to an interference as to a trade-mark, or a paHy who has filed opposition to the registration of a trade-mark, or a party to an appli- cation for the cancelation of the registration of a trade-mark, is dis- satisfied with the decision of the Commissioner of Patents, he may appeal to the court of appeals of the District of Columbia, on com- plying with the conditions required in case of an appeal from the decision of the commissioner by an applicant for patent, or a party to an interference as to an invention, and the same rules of practice and procedure shall govern in every stage of such proceedings, as far as the same may be applicable. Stc. 10. That every registered trade-mark, and every mark for the registration of which application has been made, together with the application for registration of the same, shall be assignable in connection with the good will of the business in which the mark is used. Such assignment must be by an instrument in writing and duly acknowledged according to the laws of the country or State in which the same is executed; any such assignment shall be void as against any subsequent purchaser for a valuable consideration, with- out notice, unless it is recorded in the Patent Office within three months from date thereof. The commissioner shall keep a record of such assignments. 412 UNITED STATES OF AMERICA. SEC. 11. That certificates of registration of trade-marks shall be issued in the name of the United States of America, under the seal of the Patent Office, and shall be signed by the Commissioner of Patents, and a record thereof, together with printed copies of the drawing and statement of the applicant, shall be kept in books for that purpose. The certificate shall state the date on which the appli- cation for registration was received in the Patent Office. Certificates of registration of trade-marks may be issued to the assignee of the applicant, but the assignment must first be entered of record in the Patent Office. Written or printed copies of any records, books,- papers, or draw- ings relating to trade-marks, belonging to the Patent Office, and of certificates of registration, authenticated by the seal of the Patent Office and certified by the commissioner thereof, shall be evidence in all cases wherein the originals could be evidence; and any person making application therefor and paying the fee required by law shall have certified copies thereof. SEC. 12. That a certificate of registration shall remain in force for twenty years, except that in the case of trade-marks previously regis- tered in a foreign country such certificates shall cease to be in force on the day on which the trade-mark ceases to be protected in such foreign country, and shall in no case remain in force more than twenty years, unless renewed. Certificates of registration may be from time to time renewed for like periods on payment of the renewal fees required by this act, upon request by the registrant, his legal representatives, or transferees of record in the Patent Office, and such request may be made at any time not more than six months prior to the expiration of the period for which the certificates of registration were issued or renewed. Certificates of registration in force at the date at which this act takes effect shall remain in force for the period for which they were issued, but shall be renewable on the same conditions and for the same periods as certificates issued under the provisions of this act, and when so renewed shall have the sam'e force and effect as cer- tificates issued under this act. SEC. 13. That whenever any person shall deem himself injured by the registration of a trade-mark in the Patent Office he may at any time apply to the Commissioner of Patents to cancel the registration thereof. The commissioner shall refer such application to the ex- aminer in charge of interferences, who is empowered to hear and de- termine this question and who shall give notice thereof to the regis- trant. If it appear after a hearing before the examiner that the regis- trant was not entitled to the use of the mark at the date of his appli- cation for registration thereof, or that the mark is not used by the registrant, or has been abondoned, and the examiner shall so decide, the commissioner shall cancel the registration. Appeal may be taken UNITED STATES OF AMERICA. 413 to the commissioner in person from the decision of examiner of in- terferences. SEC. 14. That the following shall be the rates for trade-mark fees : On filing each original application for registration of a trade- mark, ten dollars : Provided, That an application for registration of a trade-mark pending at the date of the passage of this act, and on which certificate of registration shall not have issued at such date, may, at the option of the applicant, be proceeded with and registered under the provisions of this act without the payment of further fee. On filing each application for renewal of the registration of a trade-mark, ten dollars. On filing notice of opposition to the registration of a trade-mark, ten dollars. On an appeal from the examiner in charge of trade-marks to the Commissioner of Patents, fifteen dollars. On an appeal from the decision of the examiner in charge of inter- ferences, awarding ownership of a trade-mark or canceling the reg- istration of a trade-mark, to the Commissioner of Patents, fifteen dollars. For certified and uncertified copies of certificates of registration and other papers, and for recording transfers and other papers, the same fees as required by law for such copies of patents and for re- cording assignments and other papers relating to patents. SEC. 15. That sections fort} 7 -nine hundred and thirty-five and forty-nine hundred and thirty-six of the Revised Statutes, relating to the payment of patent fees and to the repayment of fees paid by mistake, are hereby made applicable to trade-mark fees. SEC. 16. That the registration of a trade-mark under the provisions of this act shall be prima facie evidence of ownership. Any person who shall, without the consent of the owner thereof, reproduce, counterfeit, copy, or colorably imitate any such trade-mark and affix the same to merchandise of substantially the same descriptive proper- ties as those set forth in the registration, or to labels, signs, prints, packages, wrappers, or receptacles intended to be used upon or in connection with the sale of merchandise of substantially the same de- scriptive properties as those set forth in such registration, and shall use, or shall have used, such reproduction, counterfeit, copy, or color- able imitation in commerce among the several States, or with a foreign nation, or with the Indian tribes, shall be liable to an action for damages therefor at the suit of the owner thereof ; and whenever in any such action a verdict is rendered for the plaintiff, the court may enter judgment therein for any sum above the amount found by the verdict is the actual damages, according to the circumstances of 414 UNITED STATES OF AMERICA. the case, not exceeding three times the amount of such verdict, to- gether with the costs. SEC. 17. That the circuit and territorial courts of the United States and the supreme court of the District of Columbia shall have original jurisdiction, and the circuit courts of appeal of the United States and the court of appeals of the District of Columbia shall have appellate jurisdiction of all suits at law or in equity respecting trade- marks registered in accordance with the provisions of this act, arising under the present act, without regard to the amount in controversy. SEC. 18. That writs of certiorafi may be granted by the Supreme Court of the United States for the review of cases arising under this act in the same manner as provided for patent cases by the act cre- ating the circuit court of appeals. SEC. 19. That the several courts vested with jurisdiction of cases arising under the present act shall have power to grant injunctions, according to the course and principles of equity, to prevent the viola- tion of any right of the owner of a trade-mark registered under this act, on such terms as the court may deem reasonable; and upon a decree being rendered in any such case for wrongful use of a trade- mark the complainant shall be entitled to recover, in addition to the profits to be accounted for by the defendant, the damages the com- plainant has sustained thereby, and the court shall assess the same or cause the same to be assessed under its direction. The court shall have the same power to increase such damages, in its discretion, as is given by section sixteen of this act for increasing damages found by verdict in actions of law ; and in assessing profits the plaintiff shall be required to prove defendant's sales only; defendant must prove all elements of cost which are claimed. SEC. 20. That in any case involving the right to a trade-mark registered in accordance with the provisions of this act, in which the verdict has been found for the plaintiff, or an injunction issued, the court may order that all labels, signs, prints, packages, wrap- pers, or receptacles in the possession of the defendant, bearing the trade-mark of the plaintiff or complainant, or any reproduction, coun- terfeit, copy, or colorable imitation thereof, shall be delivered up and destroyed. Any injunction that may be granted upon hearing, after notice to the defendant, to prevent the violation of any right of the owner of a trade-mark registered in accordance with the pro- visions of this act, by any circuit court of the United States, or by a judge thereof, may be served on the parties against whom such in- junction may be granted anywhere in the United States where they may be found, and shall be operative, and may be enforced by pro- ceedings to punish for contempt, or otherwise, by the court by which such injunction was granted, or by any other circuit court, or judge thereof, in the United States, or by the supreme court of the Dis- UNITED STATES OF AMERICA. 415 trict of Columbia, or a judge thereof. The said courts, or judges thereof, shall have jurisdiction to enforce said injunction, as herein provided, as fully as if the injunction had been granted by the cir- cuit court in which it is sought to be enforced. The clerk of the court or judge granting the injunction shall, when required to do so by the court before which application to enforce said injunction is made, transfer without delay to said court a certified copy of all the pa pei-s on which the said injunction w T as granted that are on file in his office. SEC. 21. That no action or suit shall be maintained under the pro- visions of this act in any case when the trade-mark is used in un- lawful business, or upon any article injurious in itself, or which mark has been used with the design of deceiving the public in the purchase of merchandise, or has been abandoned, or upon any cer- tificate of registration fraudulently obtained. SEC. 22. That whenever there are interfering registered trade- marks, any person interested in any one of them may have relief against the interfering registrant, and all persons interested under him. by suit in equity against the said registrant ; and the court, on notice to adverse parties and other due proceedings had according to the course of equity, may adjudge and declare either of the regis- trations void in whole or in part according to the interest of the parties in the trade-mark, and may order the certificate of registra- tion to bo delivered up to the Commissioner of Patents for can- cellation. SEC. 23. That nothing in this act shall prevent, lessen, impeach, or avoid any remedy at law or in equity which any party aggrieved by any wrongful use of any trade-mark might have had if the pro- visions of this act had not been passed. SEC. 24. That all applications for registration pending in the office of the Commissioner of Patents at the time of the passage of this act may be amended with a view to bringing them, and the certificate issued upon such applications, under its provisions, and the prosecu- tion of such applications may be proceeded with under the pro- visions of this act. SEC. 25. That any person who shall procure registration of a trade-mark, or entry thereof, in the office of the Commissioner of Patents by a false or fraudulent declaration or representation, oral or in writing, or by any false means, shall be liable; to pay any damages sustained in consequence thereof to the injured party, to be recovered by an action on the case. SEC. 26. That the Commissioner of Patents is authorized to make rules and regulations, not inconsistent with law, for the conduct of proceedings in reference to the registration of trade-marks provided for by this act. 9316919 27 416 UNITED STATES OF AMERICA. SEC. 27. That no article of imported merchandise which shall copy or simulate the name of any domestic manufacture, or manufacturer or trader, or of any manufacturer or trader located in any foreign country which, by treaty, convention, or law affords similar privi- leges to citizens of the United States, or which shall copy or simu- late a trade-mark registered in accordance with the provisions of this act or shall bear a name or mark calculated to induce the public to believe that the article is manufactured in the United States,' or that it is manufactured in any foreign country or locality other than the country or locality in which it is in fact manufactured, shall be admitted to entry at any customhouse of the United States; and, in order to aid the officers of the customs in enforcing this prohibition, any domestic manufacturer or trader, and any foreign manufacturer or trader, who is entitled under the provisions of a treaty, conven- tion, declaration, or agreement between the United States and any foreign country to the advantages afforded by law to citizens of the United States in respect to trade-marks and commercial names, may require his name and residence, and the name of the locality in which his goods are manufactured, and a copy of the certificate of regis- tration of his trade-mark, issued in accordance with the provisions of this act, to be recorded in books which shall be kept for this pur- pose in the Department of the Treasury, under such regulations as the Secretary of the Treasury shall prescribe, and may furnish to the department facsimiles of his name, the name of the locality in which his goods are manufactured, or of his registered trade-mark; and thereupon the Secretary of the Treasury shall cause one or more copies of the same to be transmitted to each collector or other proper officer of customs. SEC. 28. That is shall be the duty of the registrant to give notice to the public that a trade-mark is registered, either by affixing thereon the words "Registered in U. S. Patent Office," or abbreviated thus, " Reg. U. S. Pat. Off.," or when, from the character or size of the trade-mark, or from its manner of attachment to the article to which it is appropriated, this can not be done, then by affixing a label con- taining a like notice to the package or receptacle wherein the article or articles are inclosed ; and in any suit for infringement by a party failing so to give notice of registration no damages shall be re- covered, except on proof that the defendant was duly notified of infringement and continued the same after such notice. SEC. 29. That in construing this act the following rules must be observed, except where the contrary intent is plainly apparent from the context thereof : The United States includes and embraces all ter- ritory which is under the jurisdiction and control of the United States. The word " States " includes and embraces the District of UNITED STATES OF AMERICA. 417 Columbia, the Territories of the United States, and such other terri- tory as shall be under the jurisdiction and control of the United. States. The terms "person" and "owner," and any other word or term used to designate the applicant or other entitled 'to a benefit or privilege or rendered liable under the provisions of this act, include a firm, corporation, or association as well as a natural person. The term "applicant " and " registrant " embrace the successors and as- signs of such applicant or registrant. The term " trade-mark " includes any mark which is entitled to registration under the terms of this act, and whether registered or not. and a trade-mark shall be deemed to be " affixed " to an article when it is placed in any manner in or upon either the article itself or the receptacle or package or upon the envelope or other thing in, by, or with which the goods are packed or inclosed or otherwise prepared for sale or distribution. SEC. 30. That this act shall be in force and take effect April first, nineteen hundred and five. All acts and parts of acts inconsistent with this act are hereby repealed except so far as the same may apply to certificates of registration issued under the act of Congress ap- proved March third, eighteen hundred and eighty-one, entitled " An act to authorize the registration of trade-marks and protect the same," or under the act approved August fifth, eighteen hundred and eighty- two, entitled "An act relating to the registration of trade-marks." Approved. February 20, 1905. ' ACT OF MAY 4, 1906. An Act To amend the laws of the United States relating to the registration of trade-marks. ******* SEC. 2. That the Commissioner of Patents shall establish classes of merchandise for .the pudpose of trade-mark registration, and shall determine the particular descriptions of goods comprised in each class. On a single application for registration of a trade-mark the trade-mark maybe registered at the option of the applicant for any or all goods upon which the mark has actually been used comprised in a single class of merchandise, provided the particular descriptions of goods be stated. SEC. 3. That any owner of a trade-mark who shall have a manu- facturing establishment within the territory of the United States shall be accorded, so far as the registration and protection of trade- marks used on the products of such establishment are concerned, the same rights and privileges that are accorded to owners of trade- marks domiciled within the territory of the United States by the 418 UNITED STATES OF AMERICA. act entitled " An act to authorize the registration of trade-marks used in commerce with foreign nations or among the several States or with Indian tribes, and to protect the same," approved February twentieth, nineteen hundred and five. SEC. 4. That this act shall take effect July first, nineteen hundred and six. Approved, May 4, 1906. ACT TO INCORPORATE THE AMERICAN NATIONAL RED CROSS, APPROVED JANUARY 5, 1905 (AS AMENDED JUNE 23, 1910). SEC. 4. That from and after the passage of this act it shall be unlawful for any person within the jurisdiction of the United States to falsely or fraudulently hold himself out as or represent or pretend himself to be a member of or an agent for the American National Red Cross for the purpose of soliciting, collecting, or receiving money or material; or for any person to wear or display the sign of the Red Cross or any insignia colored in imitation thereof for the fraudulent purpose of inducing the belief that he is a member of or an agent for the American National Red Cross. It shall be unlawful for any person, corporation, or association other than the American National Red Cross and its duly authorized employees and agents and the Army and Navy sanitary and hospital authorities of the United States, for the purpose of trade or as an advertisement, to induce the sale of any article whatsoever or for any business or charitable pur- pose to use within the territory of the United States of America and its exterior possessions the emblem of the Greek Red Cross on a white ground, or any sign or insignia made or colored in imitation thereof, or of the words " Red Cross " or " Geneva Cross " or any combination of these words : Provided, however, That no person, cor- poration, or association that actually used or whose assignor actually used the said emblem, sign, insignia, or words for any lawful purpose prior to January fifth, nineteen hundred and five, shall be deemed forbidden by this act to continue the use thereof for the same purpose and for the same class of goods. If any person violates the provision of this section he shall be deemed guilty of a misdemeanor, and upon conviction in any Federal court shall be liable to a fine of not less than one or more than five hundred dollars, or imprisonment for a term not exceeding one year, or both, for each and every offense. * * * * * * * SEC. 8. That the endowment fund of the American National Red Cross shall be kept and invested under the management and control of a board of nine trustees, who shall be elected from time to time by the incorporators and their successors under such regulations re- UNITED STATES OF AMEBJCA. 419 garding terms and tenure of office, accountability, and expense as said incorporators and successors shall prescribe. Approved, June 23, 1910. UNITED STATES OF AMERICA WAR LEGISLATION. PATENTS RUIZES WITHDRAWAL FROM ISSUE. 207 O. G., 612. [Order No. 2158.] DEPARTMENT OF THE INTERIOR, UNITED STATES PATENT OFFICE, Washington, D. C., October 9, 1914. Acting under the provisions of section 483 of the Revised Statutes and with the approval of the Secretary of the Interior, rule 165 of the Rules of Practice of the United States Patent Office is amended by adding the following: In view of the conditions arising from the European war, the provision that an application will not be withdrawn from issue after the case has received its date and number " for the purpose of enabling the inventor to procure a foreign patent " will not be insisted upon and upon a proper showing such an application may be withdrawn from issue until the foreign applications can be filed. This amendment of the rule will be in force for one year from the date of its approval by the Secretary of the Interior. So that the rule as amended will read as follows : 165. After notice of the allowance of an application is given, the case will not be withdrawn from issue except by approval of the commissioner, and if withdrawn for further action on the part of the office a new notice of allow- ance will be given. When the final fee has been paid upon an application for letters patent, and the case has received its date and number, it will not be withdrawn or suspended from issue on account of any mistake or change of purpose of the applicant or his attorney, nor for the purpose of enabling the inventor to procure a foreign patent, nor for any other reasons except mistake on the part of the office, or because of fraud, or illegality in the application, or for interference. (See Rule 78.) In view of the conditions arising from the European war, the provision that an application will not be withdrawn from issue after the case has received its date and number " for the purpose of enabling the inventor to procure a foreign patent " will not be insisted upon and upon a proper showing such an application may be withdrawn from issue until the foreign applications can be filed. This amendment of the rule will be in force for one year from the date of its approval by the Secretary of the Interior. This amendment will be in force for one year from October 8, 1914. (Signed) THOMAS EWING, Commissioner. 420 UNITED STATES OF AMERICA. PATENTS TRADE-MARKS PRINTS LABELS APPLICATIONS FEES RECIPROCAL EXTENSION or TERMS ACT OF JULY 17, 1916. An act to extend temporarily the time for filing applications and fees and taking action in the United States Patent Office in favor of nations granting reciprocal rights to United States citizens. Be it enacted l>y the Senate and House of Representatives of the United States of America in Congress assembled, That any applicant for letters patent or for the registration of any trade-mark, print* or label, being within the provisions of this act, if unable on account of the existing and continuing state of war to file any application or pay any official fee or take any required action within the period now limited by law, shall be granted an extension of nine months beyond the expiration of said period. SEC. 2. That the provisions of this act shall be limited to citizens or subjects of countries which extend substantially similar privileges to the citizens of the United States, and no extension shall be granted under this act to the citizens or subjects of any country while said country is at \var with the United States. SEC. 3. That this act shall be operative to relieve from default under existing law occurring since August 1, 1914, and before the 1st day of January, 1918, and all applications and letters patent and registrations in the filing or prosecution whereof default has occurred for which this act grants relief shall have the same force and effect as if said default had not occurred. Approved August IT, 1916. UNITED STATES PRACTICE. PATENTS APPLICATIONS RECIPROCAL EXTENSION OF TIME UNDER ACT OF AUGUST 17, 1916 BELGIUM, SWEDEN, DENMARK, GREAT BRITAIN, GERMANY, FRANCE, SWITZERLAND, SPAIN, AND HUN- GARY COMMISSIONER'S DECISIONS. [233 O. G., 351 Commissioner's decisions.] Ex PARTE DURANT. [Decided October 16, 1916.~\ PAYMENT OF FINAL FEE. Extension of Time Under Act of August IT, 1916 Reciprocal Privi- leges. Held that the Belgian Government grants to citizens of the United States substantially " similar privileges " within the meaning of the act of August IT. 1916. UNITED STATES OF AMERICA. 421 On petition. Wind instrument. Mr. Henri Van Oldenneel and Mr. W. H. Berrigan for the appli- cant. EWING, Commissioner: This is a petition that a final fee paid September 20, 1916, six months and five days after the expiration of the six months from the notice of allowance, be accepted under the provisions of the act of August 17. 1916. Applicant is a subject of the King of Belgium. The Belgian Gov- ernment has issued certain decrees which are published in volume 206 of the Official Gazette (p. 1439) ; volume 209, Official Gazette (p. 318) ; volume 210, Official Gazette (p. 718). The extensions indicated therein are believed to conform fully with the requirements of the statute that reciprocal privileges be granted to citizens of this country. The showing made is held to establish that the failure to pay the final fee within the six months period was due to the existing and continuing state of war, and it is directed that it be accepted. Ex PARTE Ex BERG. [Decided October 16, 1916.] PAYMENT OF FINAL FEE. Extension of Time Under Act of August 17, 1916 Reciprocal Privi- leges. Held that the Swedish Government grants to citizens of the United States substantially " similar privileges " within the meaning of the act of August 17, 1916. On petition. Calculating machine, cash register, and the like. Mr. Henri Van Oldenneel for the applicant. EWING, Commissioner: This is a petition that the final fee, which was paid September 20, 1916. two months and twelve days after the expiration of the six months from the date of the notice of allowance, be accepted under the provisions of the act of August 17, 1916. Applicant is a subject of the King of Sweden. The Swedish Government has issued certain ordinances which are published in the Official Gazette (vol. 219, p. 273; vol. 220, p. 1046). (The limit set in the last order was subsequently extended.) The extensions indicated therein are believed to conform fully with the requirements of the act of August 17, 1916, that reciprocal privileges be granted to citizens of this country. 422 UNITED STATES OF AMERICA. The showing made is held to establish that the failure to pay the fee within the six months was due to the existing and continuing state of war, and it is directed that it be accepted. !.> Ex PARTE FISHER. [Decided November 17, FILING DATE. Extension of Time Under Act of August 17, 1916 Keciprocal Privi- leges. Held that the Danish law grants to citizens of the United States substantially " similar privileges " within the meaning of the act of August 17, 1916. EWING, Commissioner: Applicant is a subject of the King of Denmark. The Danish law and the orders issued under the authority thereof (see 208 O. G., 986; 210 O. G., 719, and La Propriete Indiistrielle, 1916, 65) grant to citizens of the United States substantially "similar privileges" within the meaning of the act of August 17, 1916. As the application was mailed when the war had not been in prog- ress more than three months and the delay in the mails not so great as at present, it could reasonably have been expected that it would be received by the office within the period fixed by section 4887 of the Revised Statutes. The failure to file the application within that period is therefore held to have been due to the " existing and con- tinuing state of war." The patent granted on applicant's Danish application will there- fore not bar the grant of a patent in this country. Ex PARTE FOLET AND BAKER. [Decided October 16, 1916.] 1. Extension of Time Under Act of August 17, 1916 Reciprocal Privileges. Held that the British GoA^ernment grants to citizens of the United States substantially " similar privileges " within the meaning of the net of August 17, 1916. 2. Same Delay due to war. Where the failure to receive arid file the application within a year of the date of the British application was showix to be due to failure in the mails, and possibly to the sinking of a mail steamer, Held that the delay would be regarded as 4ue to the war. UNITED STATES OF AMERICA. 423 On petition. Detachable or interchangeable wheel for motor vehicles and the like. Mr. Berthold Singer for the applicants. EWING, Commissioner. This application was filed more than 12 months after the filing of the British application on January 28, 1915. Applicants request that they be given the benefit of the act of August 17, 1916, extending the time for filing applications and fees. Applicants are subjects of the King of Great Britain. Under the provisions of section 1 of the patents, designs, and trade- marks (temporary rules) act of 1914 the British Board of Trade issued certain rules which are published in Volume 209 of the Official Gazette (p. 1054). The 'extensions indicated therein are believed to conform fully with the requirements of the statutes that reciprocal privileges be granted to citizens of this country. Concerning the question of the failure to file within 12 months of the filing of the British application the British attorney in an affi- davit accompanying the present application states that the necessary application papers were prepared and dispatched on August 17, 1915, to the present attorney ; that a letter was written to him on the same date calling attention to the importance of filing the application as early as possible; and that no response was ever received to this communication. He also states that he is aware that on August 19, 1915, the Arabic, .which carried American mails, was sunk off the Irish coast. An affidavit has also been filed of the file clerk of the present at- torney, who states that the records of his office do not show the receipt of the letter above referred to. The statements above made are deemed sufficient to establish that the failure to file the application within the period fixed by section 4887. was due to the existing and continuing state of war, and as the application was filed within nine months from the expiration of that period the British patent will not bar the grant of a patent in this country. Ex PARTE JUNG. [Decided October 16, 1916.] PAYMENT OF FINAL FEE. 1. Extension of Time Under Act of August 17, 1916 Reciprocal Privileges. Held, That the German Government grants to citizens of the United States substantially " similar privileges " within the meaning of the act of August 17, 1916. 424 UNITED STATES OF AMERICA. 2. Same Delay due to war. Where it appears that a letter was sent to the German attorney three months before the time for paying the final fee expired, but was lost in the mails, and that the instructions to pay the fee were mailed more than a month before the time expired : Held, That the delay would be regarded as due to the war. On petition. Shaping machine. Mr. B. Singer, for the applicant. E WIN G, Commissiwi er : This is a petition that the final fee, which was paid September 26 y 1916, eight days after the expiration of the six months from the date of the notice of allowance, be accepted under the provisions of the act of August IT, 1916. Applicant is a subject of the Emperor of Germany. The German Government has issued certain orders, which are published in the Official Gazette (vol. 208, p. 239; vol. 209, p. 1318; vol. 215, p. 979). (The limit set in the last order was subsequently indefinitely ex- tended.) The extensions indicated therein are believed to conform fully with the requirement of the statute that reciprocal privileges be granted to citizens of this country. It appears from the affidavit filed in support of the petition that the attorney of record wrote to applicant's German attorney on March 20, 1916, notifying him that the application had been allowed; that he wrote again on June IT, 1916, calling attention to the fact that the final fee was due September 18, 1916, and that on Septem- ber 25, 1916, he received a letter from the German attorney, dated August 12, 1916, stating that no communication had been received since the letter of March 20, 1916, and directing the payment of the final fee. In view of the nonreceipt of the attorney's letter of June IT, 1916, and the fact that the directions to pay the final fee were mailed more than a month prior to the expiration of the six months period, it is held that the failure to pay the final fee within that period was due to the existing and continuing state of war, and it is directed that it be accepted. Ex PARTE RAVIER. [Decided October 16, 1916.} APPLICANT'S SIGNATURE. 1. Extension of Time Under Act of August IT, 1916 Reciprocal Privileges. Held, That the French Government grants to citizens of the United States substantially "similar privileges" within the meaning of the act of August IT, 1916. UNITED STATES OF AMERICA. 425 2. Same Delay Due to War. Where it appeared that the applicant was in the French Navy and that his signature to the United States application could not be ob- tained until very shortly before expiration of the year following the French filing date, Held that the delay would be regarded as due to the war. On petition. Works such as retaining walls, piers, and wharfs. Mr. John Imirie for the applicant. EWING, Commissioner: Applicant is a citizen of France. The French Government has passed a law (La Propriete Industrielle, 1915, p. 66) which reads in part as follows : ART. 5. The provisions of the decree of August 14, 1914, suspending the time limits in the matter of patents and of designs and models from and after August 1. shall be enjoyed by subjects and citizens of foreign countries only in so far as such countries have accorded or may hereafter accord, by way of reciprocity, equivalent privileges to the citizens of France and of the French protectorates. ART. 7. The terms of priority established by Article 4, as amended, of the Convention of the International Union of 1883, are hereby suspended from and after August 1, 1914, during the continuation of hostilities and until dates to be fixed by a future decree. The enjoyment of this suspension shall be claimed only by subjects of the Union whose country has accorded or may hereafter accord the same privilege to the citizens of France and of the French protectorates. The extensions indicated therein are believed to conform fully with the requirements of the act of Au,gust 17, 1916, that reciprocal privi- leges be granted to citizens of this country. It appears from the affidavit and correspondence filed in support of this petition that the applicant was in the French Navy and that his French agent was unable to obtain his signature to the United States application until shortly before the expiration of the year fol- lowing the filing of the French application on February 20, 1915, and that the application was mailed in Paris February 10, 1916, being received by the attorney February 23, 1916. This showing is held to establish that the failure to file the appli- cation within the year from the filing of the French application was due to the existing and continuing state of war. Applicant's French patent is therefore not a bar to the grant of a patent on the present application. It is directed that the amendment filed September 21, 1916, be entered and considered. 426 UNITED STATES OF AMERICA. Ex PARTE SCHLUMPF. [Decided October 16, 1916.1 PAYMENT OF FINAL FEE. Extension of Time Under Act of August 17, 1916 Reciprocal Privileges. Held, That the Swiss Government grants to citizens of the United States substantially " similar privileges " within the meaning of the act of August 17, 1916. On petition. Device for pressing-rollers, particularly for lacing-eyelets. Messrs. Munn & Co. for the applicant. EWING, Commissioner: This is a petition that the final fee, which was paid September 18, 1916, three months after the expiration of the six months from the date of the notice of allowance, be accepted under the provisions of the act of August 17, 1916. Applicant is a citizen of Switzerland. The Swiss Government has issued certain orders, which are published in the Official Gazette (vol. 207, p. 937; vol. 211, p. 288; and vol. 216, p. 1321). (The limit set in the last order was subsequently extended.) The extensions indicated therein are believed to conform fully with the requirements of the act of August 17, 1916, that reciprocal privileges be granted to citizens of this country. The showing made is held to establish that the failure to pay the fee within the six months was due to the existing and continuing state of war, and it is directed that it be accepted* Ex PARTE VICTORERO. [Decided October 16., 1916.] FILING DATE. EXTENSION OF TIME UNDER ACT OF AUGUST 17, 1916 RECIPROCAL PRIVILEGES. Held, That the Spanish Government grants to citizens of the United States substantially "similar privileges " within the meaning of the act of August 17, 1916. On petition. Machine for the elaboration of cigarettes. Mr. B. Singer for the applicant. UNITED STATES OP AMERICA. 427 EWING, Commissioner: Applicant is a subject of the King of Spain. The Spanish Gov- ernment has issued decrees which read in part as follows (208 O. G., 986; La Propriete Industrielle, 1916, p. 30) : 1. So long as the present state of war may continue, and from and after the 26th of July last, any declaration to the effect that a proceeding will not be pursued or that a registration effected has lapsed, in the matter of industrial property, shall be held in suspense in the case of an individual or corporate body domiciled abroad. 2. Immediately upon cessation of hostilities, a suitable term shall be fixed within which the individuals and corporate bodies referred to in the precedng paragraph shall show that they were prevented by circumstances over which they had no control from complying with the legal formalities within the terms fixed by the laws in force, and upon furnishing proof considered sufficient by the patent office authorities they shall be protected from all injury. ARTICLE 1. The priority term allowed for patents, in so far as it concerns cases wherein the term referred to had not elapsed on July 31, 1914, shall be extended until a date to be fixed at the conclusion of the war. ART. 2. Such privilege is granted upon the basis of reciprocity to those coun- tries that shall decide to grant a like benefit to Spain. The extension indicated therein are believed to conform fully with the requirements of the act of August 17, 1916, that reciprocal privi- leges be granted to citizens of this country. The showing made is held to establish that the failure to file the application in this country within 12 months from the filing of the Spanish application was due to the existing and continuing state of war. Applicant's Spanish patent will therefore not bar the grant of a patent in this country. Ex PARTE HECHT. [Decided October 16, 1916.} PAYMENT OF FINAL FEE. Extension of time under act of August 17, 1916 Reciprocal privi- leges. Held that the Hungarian Government grants to citizens of the United States substantially " similar privileges " within the meaning of the act of August 17, 1916. On petition. Container for loose sheets. Mr. Henri Van Oldenneel for the applicant. EWING, Commissioner: This is a petition that the final fee, which was paid September 16, 1916, two months and twenty-five days after the expiration of the 428 UNITED STATES OF AMERICA. six months from the date of the notice of allowance, be accepted under the provisions of the act of August 17, 1916. Applicant is a subject of the King of Hungary. The Hungarian Government has issued certain orders, which read, in part, as fol- lows (La Propriete Industrielle, 1916, p. 4) : No. 81250-1915 of December 7, 1915. By virtue of the powers provided in section 16 of Article LXIII of the law of 1912, which article relates to the exceptional measures to be adopted in case of war, I hereby order, in the meaning of ordi- nance No. 6981-1914 M. E., enacted in plenary session of the royal Hungarian ministry, as follows : SECTION 1. The terms of priority fixed with regard to filing in the matter of patents, designs, and trade-marks by Article 4 of the Con- vention of the Union of Paris of March 20, 1883, revised at Brus- sels December 14, 1900, and at- Washington June 2, 1911, are hereby extended for three months in so far as they had not expired prior to July 26, 1914. A future ordinance will fix the date from which such extension of three months shall run. This provision shall be applicable in favor of subjects of other countries belonging to the International Union for the Protection of Industrial Property only if such countries grant an extension of the terms of priority to Hungarian subjects. If, however, any such country shall grant this privilege to Hungarian subjects to a lesser extent than provided for in the first paragraph, the same restriction shall be applicable to the citizens of such country. A notice to be published in the official organ shall specify to what extent the terms of priority will be extended in Hungary in favor of subjects of other countries in the meaning of the provisions contained in the second paragraph. No. 87639 of December 23, 1915. By virtue ot the power conferred by section 16 of Article LXIII of the law of 1912, concerning the exceptional measures to be adopted in case of war and in conformity with the ordinance of the royal Hungarian ministry No. 6981-1914 M. E., I hereby order as follows : SECTION 1. The provision of my ordinance of August 19, 1915, No. 54400, under the terms of which the duration of the terms for the payment of annual taxes on patents and of additional taxes was sus- pended until December 31, 1915, is hereby modified by extending the duration of such suspension to June 30, 1916. UNITED STATES OF AMERICA . 429 In other respects my order cited above shall remain in force with- out any modification. SEC. 2. This ordinance shall go into force from the date of its pub- lication (published Dec. 25, 1915). (The limit set in the last order was subsequently extended.) The extensions indicated therein are believed to conform fully with The requirements of the act of August 17, 1916, that reciprocal privi- leges be granted to citizens of this country. The showing made is held to establish that the failure to pay the fee within the six months was due to the existing and continuing state of war, and it is directed that it be accepted. INDUSTRIAL. PROPERTY APPLICATIONS FEES RECIPROCAL EXTEN- SION OF TIME UNDER ACT OF AUGUST 17, 1916. TO ITALY NOTE or MARCH 24, 1917, AND COMMISSIONER'S DECISION OF OCTOBER 16, 1916. [Translation.] THE DEPARTMENT OF STATE TO THE AMBASSADOR OF ITALY AT WASH- INGTON. MARCH 24, 1917. We reply to your note of February 19 last, along with which you send us a copy of the decree of the Lieutenant General of the Kingdom of Italy prolonging the terms for the payment of fees in industrial property matters, at the same time asking us to advise you whether the Government of the United States has promulgated analogous dis- positions, and whether they are applicable to Italian subjects, this to the end that the Royal Italian Government may proceed to the pro- mulgation of a decree acknowledging that reciprocal advantages are granted to subjects of the two countries. I have the honor to send you herewith for your information a copy of the letter addressed to the undersigned department by the Commissioner of Patents and ex- plaining the point of view adopted by the Patent Office of the United States on this question. In this decision, rendered in the case of Feroci, the Commissioner assumes that the law of August 17, 1916, puts subjects of the United States in the position as provided for by the provisions of the above mentioned decree. We are sending with the present for the informa- tion of your Government a copy of the law of August 17, 1916, and a copy of the decision rendered by the Commissioner of Patents in the Feroci case. 33 La Propriete Industriette, 106.) 480 UNITED STATES OF AMERICA. Ex PARTE FEROCI. [Decided October 16, 1916.] 1. Extension of Time Under Act of August 17, 1916 Reciprocal Privileges. The decree of the Italian Government published in La Propriete Industrielle (1915, p. 113), Held to grant "substantially similar privileges " to citizens of this country within the meaning of -the act of August 17, 1916, extending the time for payment of fees, etc., where the delay is due to the state of war. 2. Same Same Act Liberally Construed. The act of August 17, 1916, is remedial and should be liberally con- strued to cover cases where the foreign Government grants to citizens of this country relief from forfeiture under its laws without specific reference to the form in which relief is granted. On petition. Automatic railway-car and compressed-air and steam-pipe coup- ling device. Mr. Wm. Wallace White for the applicant. E WIN G, Commissioner : This is a petition that the rejection upon applicant's Italian patent, the application for which was filed in Italy on April 30, 1914, be withdrawn. Applicant is a subject of the King of Italy. Two questions arise on the petition under the provisions of the act of August 17, 1916, namely, first, whether the Kingdom of Italy has granted "sub- stantially similar privileges" to citizens of the United States, and second, whether the failure to file the application in this country within 12 months of the filing of the application abroad was due to the existing and continuing state of war. The Italian Govern- ment has issued a decree (La Propriete Industrielle, 1915, p. 113) a portion of which is as follows : ARTICLE 1. Persons in active military service, employees of the army and navy, and persons who for reasons of service are in the train of the army and navy, are authorized to defer the payment of fees upon applications for patents and for industrial designs and models, and upon the registration of trade- marks to the sixtieth day after the date of the proclamation of peace. Applica- tions presented by said persons, when not accompanied by the acknowledgment of receipt of the fee, shall be held in suspense until the above-mentioned term shall have expired. ART. 2. The persons referred to in the foregoing article are authorized to defer the payment of taxes and the performance of the acts prescribed by law for keeping patents in force and for applying for an extension of the same, to the last day of the three-month term following the one during which peace will be proclaimed, provided the time limits for such acts or payments had not UNITED STATES OF AMERICA. 431 expired at the time of the declaration of war. The same advantages shall be enjoyed by citizens holding "certificates of privileges" who may be prevented by circumstances due to the state of war from effecting the payments and performing the necessary acts within the time limits prescribed by law in order to keep in force or extend their privileges. ART. 3. The provisions of the foregoing article shall be applicable likewise to foreign holders of patents who are subjects of countries which guarantee like advantages to Italian holders of patents. The existence of reciprocity of treat- ment shall be recognized by decree of the Minister of Agriculture, Industry, and Commerce. The act of August 17, 1916, is remedial and should be liberally construed. It is believed to be sufficient compliance with its require- ment as to reciprocal rights or privileges if the Government of which the petitioner is a citizen grants to citizens of this country relief from -forfeiture arising under its own laws without specific reference to the form in which relief is granted. The extensions indicated in the foregoing quotation are believed to conform fully to the re- quirement of the statute as to reciprocity. In explanation of the failure to file within 12 months of the filing of the Italian application the affidavit in support of the petition states that the application papers were received by the attorney in New York on April 15, .1915, accompanied by directions not to file the papers until he received instructions by cable to do so; that no instructions were received, but that on May 28, 1915, he received a letter from applicant's Italian attorneys stating that on April 23. 1915, they had sent him a message by cable directing him to file the application. It is a fair assumption that the failure of the attorney to receive the cable message was due to the existing and continuing state of war. since no other reason is apparent why it was not re- ceived. The petition is granted. (From 231 Official Gazette, 1539.) PATENTS. EX PARTE HABENICHT AND BECKE. [Decided March 15, 1. Extension of Time, of Act August 17, 1916 Reciprocal Privi- leges Time of Filing. It is assumed that in view of the act of August 17, 1916, extending (he time for filing an application where the failure to file it within 12 months was due to the state bf war, a similar extension will be granted by the German Government to citizens of this country under the proclamation of May 7, 1915. (215 O. G., 979.) 9316919 -- 28 432 UNITED STATES OF AMERICA. 2. Same Same Same Delay Due to War. The showing made Held sufficient to establish that the failure to file the application in this country within 12 months of the filing of the application in Germany was due to the existing and continuous state of war and Held that the grant of the German patent will not, therefore, bar the grant of a patent in this country. On petition. Carbureter for exploding motors. Mr. B. Singer for the applicants. EWING, C ommissiotwr : This is a petition that applicants be accorded an extension under the provisions of the act of August IT, 1916. This application was filed February 28, 1917. It appears from the oath that the corre- sponding German application was filed January 27, 1916. This office has not been advised that the German Government is granting to citizens of this country similar extensions. The German ordinance of May 7, 1915 (215 O. G., 979), providing for an extension of the periods of priority, states that the provisions of the ordinance shall apply " in favor of subjects of foreign countries when and to the same extent as the priority time limits are -prolonged in such coun- tries in favor of German subjects, as shall be certified by proclama- tion published in the Reichsgesetzblatt" It is assumed that in view of the act of August 17, 1916, extending the time for filing an application where the failure to file it within 12 months was due to the " existing and continuing state of war," a similar extension will be granted by the German Government to citi- zens of this country. The showing made is deemed sufficient to establish that the appli- cants were unable, on account of the " existing and continuing state of war," to file their application within the 12 months. The grant of the German patent will therefore not bar the grant of a patent in this country. The petition is granted. (From 236 Official Gazette, 1219.) PATENTS FEES AND TAXES IN GERMANY PAYMENTS PERMITTED PROCLAMATION OF MAY 24, 1917. [By the President of the United States of America, a proclamation.] Whereas the laws of the German Empire provide that letters patent granted or issued to citizens of other countries shall lapse unless certain taxes, annuities, or other fees are paid within stated periods; and UNITED STATES OF AMERICA. 433 Whereas the interests of the citizens of the United States in such letters patent are of great value, so that it is important that such payments should be made in order to preserve their rights ; Now, therefore, I, Woodrow Wilson, President of the United States of America, by virtue of the powers vested in me as such, hereby declare and proclaim that citizens of the United States own- ing letters patent granted or issued by the German Empire are hereby authorized and permitted to make payment of any tax, an- nuity, or fee which may be required by the laws of the German Em- pire for the preservation of their rights in such letters patent. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this 24th day of May, in the year of our Lord nineteen hundred and seventeen and of the independence of the United States, one hundred and forty-first. [SEAL.] (Signed) WOODROW WILSON. By the President: ROBERT LANSING, Secretary of State. INDUSTRIAL PROPERTY TRADING WITH THE ENEMY ACT or OCTOBER 6, 1917. [PUBLIC No. 91 65TH CONGRESS.] [II. R. 4960.] An act to define, regulate, and punish trading with the enemy, and for other purposes. Be it enacted ~by the Senate and House of Representatives of the United States of America in Congress assembled, That this act shall be known as the " trading with-the-enemy act." SEC. 2. That the word " enemy," as used herein, shall be deemed to mean, for the purposes of such trading and of this act (a) Any individual, partnership, or other body of individuals, of any nationality, resident within the territory (including that occu- pied by the military and naval forces) of any nation with which the United States is at war, or resident outside the United States and doing business within such territory, and any corporation incor- porated within such territory of any nation with which the United States is at war or incorporated within any country other than the United States and doing business within such territory. (b) The Government of any nation with which the United States is at war, or any political or municipal subdivision thereof, or any officer, official, agent, or agency thereof. 9316918 28 434 UNITED STATES OF AMEEICA. (c) Such other individuals, or body or class of individuals, as may be natives, citizens, or subjects of any nation -with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proclamation, include within the term " enemy." The words " ally of enemy," as used herein, shall be deemed to mean (a) Any individual, partnership, or other body of individuals, of any nationality, resident within the territory (including that occu- pied by the military and naval forces) of any nation which is an ally of a nation with which the United States is at war, or resident outside the United States and doing business within such territory, and any corporation incorporated within such territory of such ally nation, or incorporated within any country other than the United States and doing business within such territory. (5) The Government of any nation which is an ally of a 'nation with which the United States is at war, or any political or municipal subdiAision of such ally nation, or any officer, official, agent, or agency thereof. (c) Such other individuals, or body or class of individuals, as may be natives, citizens, or subjects of any nation which is an ally of a nation with which the United States is at war, other than citizens of the United States, wherever resident or wherever doing business, as the President, if he shall find the safety of the United States or the successful prosecution of the war shall so require, may, by proc- lamation, include within the term " ally of enemy." The word " person," as used herein, shall be deemed to mean an individual, partnership, association, company, or other unincorpo- rated body of individuals, or corporation or body politic. The words " United States," as used herein, shall be deemed to mean all land and water, continental or insular, in any way within the jurisdiction of the United States or occupied by the military or naval forces thereof. The words " the beginning of the war," as used herein, shall be deemed to mean midnight ending the day on which Congress has declared or shall declare war or the existence of a state of war. The words " end of the war," as used herein, shall be deemed to mean the date of proclamation of exchange of ratifications of the treaty of peace, unless the President shall, by proclamation, declare a prior date, in which case the date so proclaimed shall be deemed to be the " end of the war " within the meaning of this act. The words " bank or banks," as used herein, shall be deemed to mean and include national banks, State banks, trust companies, or UNITED STATES OF AMERICA. 435 other banks or banking associations doing business under the laws of the United States, or of any State of the United States. The words " to trade," as used herein, shall be deemed to mean (a) Pay, satisfy, compromise, or give security for the payment or satisfaction of any debt or obligation. (b) Draw, accept, pay, present for acceptance or payment, or indorse any negotiable instrument or chose in action. (said letters patent and of the price or prices charged therefor; (b) All items of cost incurred in the use of such invention and the manufacture and sale of articles made thereunder ; and 468 UNITED STATES OF AMERICA. ((?) All other matters and things which in the opinion of the Federal Trade Commission may be material for the purpose of show- ing the amounts from time to time payable by the licensee concerning such royalty and what is a fair and reasonable price to the public for such article. The licensee shall, within ten days after each of the semiannual days aforesaid, deliver a sworn statement to the Federal Trade Commission in writing showing the aforesaid particulars. The licensee shall, during the continuance of this license, give all such information as the Federal Trade Commission may consider to be material for thp purpose of ascertaining the amount of royalty payable by the licensee under this license, the cost of the use of such invention, the cost of producing and the price or prices charged by the licensee for the said article, and for that purpose shall, if re- quested by the Federal Trade Commission, permit such person or persons as shall be authorized in that behalf by the Federal Trade Commission at any time or times to enter upon and inspect any fac- tory or place of business of the licensee in which the use of the said invention or the manufacture of the said article shall be carried on and all books, papers, and documents of such licensee relating to such use, manufacture, and sale. If any payment under this license shall not be made within one month after the same shall have become due under the provisions herein contained (whether demand therefor shall have been made or not), or if the licensee shall or shall attempt to assign or part with the benefit of or grant any sublicense under this license, or shall make default in the performance or observance of any obliga- tion on his part herein contained, or shall have violated any of the conditions of this license or any of the provisions of the statute under which it is granted, and if, after ten days' notice in writing, shall have failed to comply with the aforesaid, then the Federal Trade Commission may, by notice in writing, and after a hearing, cancel and terminate this license as from the date of such notice, but without prejudice to and so as not in any manner to affect any liability hereunder on the part of the licensee which may then be subsisting or have accrued. If in the opinion of the Federal Trade Commission the licensee has failed to use this license so as to satisfy the reasonable require- ment of the public with regard to the subject matter thereof; or If in the opinion of the Federal Trade Commission the licensee has failed to supply to the public the articles made under this license at reasonable prices ; or If in the opinion of the Federal Trade Commission the licensee has charged unreasonable or excessive prices for articles made under this license ; or UNITED STATES OF AMERICA. 469 If in the opinion of the Federal Trade Commission the articles made under this license are of unsatisfactory quality (and the licensee shall furnish to the Federal Trade Commission in the man- ner prescribed by it and when and as often as required, samples and specimens for inspection j analysis, and test) ; or Circumstances have arisen which, in the opinion of, the Federal Trade Commission, make it just and equitable that this license be canceled in whole or in part ; The Federal Trade Commission may, in its discretion, give notice in writing to the licensee to terminate and cancel this license in whole or in part, and, if canceled and terminated, the same shall be without prejudice to and so as not in any manner to affect any liability here- inider on the part of the licensee which may then be subsisting or have accrued. Any sums which may at any time be payable by the licensee under the provisions of this license shall be a debt due from the licensee to the people of the United States and shall be recovered in an appro- priate action in the name of the people of the United States against the licensee. Dated, , 191__ Accepted and agreed to. Licensee. A copy of the patent is to be attached. If the licensee is not to be the actual manufacturer, the licensee will be held accountable to the Federal Trade Commission for the observance of the terms of his license by the actual manufacturer of the article, and the license will contain the following addendum, naming the actual manufacturer who shall sign : , the manufacturer for , the licensee of the article herein licensed, sepa- rately agrees to keep separate books containing full particulars of all articles manufactured, and the cost thereof, sold to , the licensee, and the price or prices charged therefor, and his books and plant shall be open to inspection in the same manner as provided for the licensee, The licensee and the undersigned, during the con- tinuance of the license, shall furnish or procure to be furnished all such information as the Federal Trade Commission may consider to be material for the purpose of ascertaining the amount of royalty payable by the licensee, the cost of producing or procuring the pat- ented article, the price or prices charged for said article, and shall permit or procure permission to be given to such person or persons as shall be authorized in that behalf by the Federal Trade Commis- sion at any time or times to enter upon and inspect any factory or place of business in which the manufacture of the patented article 470 UNITED STATES OF AMERICA. '"j| fj'iL--'l 1t Vi i t, J /; ^-'- L'V &f>'?' ', 1 'jii \ 1(1. i ? .;" U shall be carried on lyy the undersigned for the licensee, and all books, papers, and documents relating to such manufacture and sale. The undersigned, manufacturer, is not authorized to make, use, or vend the invention of the patent except for the licensee, and not further or otherwise, and the undersigned under- takes to observe and perform the terms and conditions of the license to , to which this is attached. Dated,' , 191__ Accepted and agreed to. Manufacturer. FORM OF LICENSE UNDER COPYRIGHT. Copyright licenses issued by the Federal Trade Commission under the provisions of the trading-with-the-enemy act will be in substan- tially the following form : Copright No. - , dated - - to - - for the (book, etc., as the case may be; see Copyright Act of Mar. 4, 1909, sec. 5, for classification) entitled (insert title of work). The Federal Trade Commission, under the authority of and in conformity with the trading-with-the-enemy act and of the Executive order of October 12, 1917, hereby licenses to exercise within the United States all the rights created by the copyright laws of the United States of America, being the act of March 4, 1909, as amended, with respect to the subject matter of copyright to _ , No. , dated for the (book, etc., as the case may be; see copyright act of Mar. 4, 1909, sec. 5, for classification) entitled (insert title of work), a copy of which is annexed hereto, for the period of , unless sooner terminated. The licensee, during the continuance of this license, shall pay to the Alien Property Custodian, semiannually, within 30 days after the 1st day of January, and the 1st day of July, respectively, of each year, a royalty at the rate of _. per cent of the gross sums re- ceived by the licensee from the sale of the copyright work so herein licensed (or per cent of the value of the use thereof to the licensee as established by the Federal Trade Commission). The licensee shall, during the continuance of this license, keep proper accounts and separate books containing full particulars of (a) All copies of said copyright work made or caused to be made by the licensee under the said copyright and of the price or prices charged therefor ; (b) All items of cost incurred in the use of said copyright work and in the manufacture and sale of such copyright work, and (c) All other matters and things which, in the opinion of the Fed- eral Trade Commission, may be material for the purpose of showing the amounts from time to time payable by the licensee concerning such royalty, and what is a fair and reasonable price to the public for such copyright work. UNITED STATES OF AMERICA. 471 The licensee shall, within 10 days after each of the semiannual days aforesaid, deliver a sworn statement to the Federal Trade Com- mission in writing showing the aforesaid particulars. The licensee shall during the continuance of this license give all such information as the Federal Trade Commission may consider to be material for the purpose of ascertaining the amount of royalty payable by the licensee under this license, the cost of producing, and the price or prices charged by the licensee for the said copyright work, and for that purpose shall, if requested by the Federal Trade Commission, permit such person or persons as shall be authorized in that behalf by the Federal Trade Commission at any time or times to enter upon and inspect any factory or place of business of the li- censee in which the use or manufacture of the said copyright work shall be carried on, and all books, papers, and documents of such licensee relating to such use, manufacture, and sale. If any payment under this license shall not be made within one month after the same shall have become due under the provisions herein contained (whether demand therefor shall have been made or not) , or if the licensee shall or shall attempt to assign or part with the benefit of or grant any sublicense under this license, or shall make default in the performance or observance of any obligation on his part herein contained, or shall have violated any of the condi- tions of this license or any of the provisions of the statute under which it is granted, and if after 10 days' notice, in writing, shall have failed to comply with the aforesaid, then the Federal Trade Com- mission may, by notice in writing, and after a hearing, cancel and terminate this license as from the date of such notice, but without prejudice to and so as not in any manner to affect any liability here- under on the part of the licensee which may then be subsisting or have accrued. If in the opinion of t;.o .Federal Trade Commission the licensee has failed to use this license so as to satisfy the reasonable require- ment of the public with regard to the copyright work; or If in the opinion of the Federal Tra,de Commission the licensee has failed to supply to the public the copyright work at reasonable prices; or If in the opinion of the Federal Trade Commission the licensee has charged unreasonable or excessive prices for said copyright work; or Circumstances have arisen which in the opinion of the Federal Trade Commission make it just and equitable that this license be canceled in whole or in part ; The Federal Trade Commission may, in its discretion, give notice in writing to the licensee to terminate this license in whole or in part, 472 UNITED STATES OF AMERICA. and if canceled and terminated the same shall be without prejudice to and so as not in any manner to affect any liability hereunder on the part of the licensee which may then be subsisting or have accrued. Any sums which may at any time be payable by the licensee under the provisions of this license shall be a debt due from the licensee to the people of the United States and shall be recovered in an appro- priate action in the name of the people of the United States against the licensee. Dated ,191 Accepted and agreed to. --5 Licensee. If the licensee is not to be the actual manufacturer or producer of the copyright work, the licensee will be held accountable to the Fed- eral Trade Commission for the observance of the terms of his license by the actual manufacturer or producer of the work, and the license will contain the following addendum, naming the actual manufac- turer or producer of the work, who shall sign : , the manufacturer for r the licensee of the copyright work herein licensed, separately agrees to keep separate books containing full particulars of all such copy- right works manufactured and the cost thereof, sold to , the licensee, and the price or prices charged therefor, and his books and plant shall be open to inspection in the same manner as provided for the licensee. The licensee and the undersigned, dur- ing the continuance of the license, shall furnish or procure to be furnished all such information as the Federal Trade Commission may consider to be material for the purpose of ascertaining the amount of royalty payable by the licensee, the cost of producing or procuring the copyright work, the price or prices charged therefor, and shall permit or procure permission to be given to such person or persons as shall be authorized in that behalf by the Federal Trade Commission at any time or times to enter upon and inspect any fac- tory or place of business in which the manufacture of the copyright work shall be carried on by the undersigned for the licensee, and all books, papers, and documents relating to such manufacture and sale. The undersigned, manufacturer, is not authorized to exercise any right conferred by the copyright statutes with respect to the copy- right work here involved except for __. the li- censee, and not further or otherwise, and the undersigned under- takes to observe and perform the terms and conditions of the license to to which this is attached. Dated _, 191__ Accepted and agreed to. UNITED STATES OF AMERICA. 473 A surety company bond may be required of the licensee, if, in the opinion of the Federal Trade Commission, it is necessary to safe- guard the public interest. PATENTS TRADE-MARKS TRADE NAMES" SALVARSAN " " 606 " " ARSENOBENZOL, " " ARSAMINOL " LICENSE TO MANUFACTURE AND VEND UNDER TRADE NAME "ARSPHENAMINE" "WAR MEASURES" TRADING WITH THE ENEMY. [Act, sec. 10 Order of Nov. 30, 1917.] The Federal Trade Commission has authorized the following: The Federal Trade Commission to-day entered orders for licenses to three firms to manufacture and sell the product heretofore known under the trade names of " Salvarsan," " 606," " Arsenobenzol," " Ar- saminol," patent rights which have been held by German subjects. The orders for licenses are subject to acceptance and agreements by the licensees to the stipulations made by the commission. Upon such acceptance and agreement licenses Nos. 1, 2, and 3 will be formally granted by Secretary L. L. Bracken, acting for the commission. Hereafter this important drug will be manufactured and sold under the name of " Arsphenamine." AUTHORITY FOR ACTION. The Trade Commission's action was taken under section 10 of the trading-with-the-enemy act, under direction of Commissioner Fort, upon recommendation of C. H. McDonald, Edward S. Rogers, and Francis Phelps, in charge of granting such licenses. The Public Health Service has prepared rules and standards for the manufac- ture and testing of " Arsphenamine," and will supervise its manufac- ture, authority having been conferred on the Public Health Service by the Secretary of the Treasury, and the observance of the rules and standards become a condition of the license. The three firms which will be hereby permitted to manufacture and sell " Arsphenamine " are Dermatological Research Laboratories, of Philadelphia; Takamine Laboratory (Inc.), of New York; and Farb- werke Hoechst Co. (Herman A. Metz Laboratory), of New York. The original patent for manufacture of what has heretofore been known as " Salvarsan," etc., was issued to Paul Ehrlich and Alfred Bertheim, German subjects, and assigned to Farbwerke Vormals Meister, Lucius and Brlining, of Hoechst on the Main, Germany. The supply, of the drug now licensed to be made in America, up to 1915, was almost exclusively obtained by importation from Ger- many. It is at present the only known specific for virulent blood poison. From the outbreak of the war importation became more difficult. 474 UNITED STATES OF AMERICA. PRICE OF DRUG. Before the war began the patent drug was sold at $4 per dose, which is approximately $3,500 per pound, and speculatively it has brought as high as $35 per dose. While the price of the product is not fixed at this time by the commission, the right to fix prices is re- tained, and a price of $1 per dose to the Army and Navy, $1.25 per dose for hospitals, and $1.50 per dose for physicians are the prices at which some, at least, of the licensees have stated that they intend to offer the licensed drug. The enormous shortage of supply of this important product will immediately be relieved, and the article placed in the hands of the Government, the hospitals, and the medical profession at a price lower than ever before. (From 1 Official Bulletin, Washington, Nov. 30, 1917.) EXECUTIVE ORDER REVOKING POWER AND AUTHORITY IN DESIGNATED OFFICERS UNDER THE TRADING- WITH-THE-ENEMY ACT. By virtue of the power and authority vested in nie by " an act to define, regulate, and punish trading with the enemy, and for other purposes," approved October 6, 1917, I hereby make the following orders and rules and regulations: SECRETARY OF THE TREASURY. I. I hereby revoke the authority and power vested in the Secretary of the Treasury by Section XI of the Executive order of October 12- 1917, to issue licenses to send, take, or transmit out of the United States any letter or other writing, book, map, plan, or other paper, picture, or any telegram, cablegram, or wireless message, or other form of communication intended for or to be delivered, directly or indirectly, to an enemy or ally of enemy, in any way relating to let- ters patent, or registration of trade-mark, print, label, or copyright, or to any applications therefor ; and no such license shall be granted until further order. FEDERAL TRADE COMMISSION. II. I hereby revoke the power and authority vested in the Federal Trade Commission by Section XVII of the Executive, order of Oc- tober 12, 1917, to issue licenses to any citizens of the United States, or any corporation organized within the United States, to file or prosecute applications in the country of an enemy or ally of enemy UNITED STATES OP AMERICA. 475 for letters patent or for registration of trade-mark, print, label, or copyright, and to pay any fees or agents' fees in connection there- with, or to pay to any enemy or ally of enemy any tax, annuity, or fee in relation to patents, trade-marks, prints, labels, and copyrights; and no such license shall be granted until further order. WOODROW WILSON. THE WHITE HOUSE, 11 April, 1918. UNLICENSED USE BY THE UNITED STATES OF PATENTED INVENTIONS COMPENSATION SECURED BY SUIT IN COURT OF CLAIMS. [PUBLIC No. 182 65TH CONGRESS.] [H. R. 10854.] An act making appropriations for the naval service for the fiscal year ending June 30, 1919, and for other purposes. Be it enacted ~by the Senate and House of Representatives of the United States of America in Congress assembled: ******* The act entitled "An act to provide additional protection for the owners of patents of the United States, and for other purposes," ap- proved June 25, 1910, shall be, and the same is hereby, amended to read as follows, namely : That whenever an invention described in and covered by a patent of the United States shall hereafter be used or manufactured by or for the United States without license of the owner thereof or lawful right to use or manu- facture the same, such owner's remedy shall be by suit against the United States in the Court of Claims for the recovery of his reasonable and entire compensation for such use and manufacture: Provided, hotvever, That said Court of Claims shall not entertain a suit or award compensation under the provisions of this act where the claim or compensation is based on the use or manufacture by or for the United States of any article heretofore owned, leased, used by, or in the possession of the United States : Provided further, That in any such suit the United States may avail itself of any and all defenses, general or special, that might be pleaded by a de- fendant in an action for infringement, as set forth in title 60 of the Revised Statutes, or otherwise : And provided further, That the benefits of this act shall not inure to any patentee who, when he makes such claim, is in the employment or service of the Government of the United States, or the assignee of any such patentee; nor shall this act apply to any device discovered or invented by such employee during the time of his employment or service. * * * * * * * Approved July 1, 1918. o THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW LIBRARY USE RETURN TO DESK FROM WHICH BORROWED LOAN DEPT. THIS BOOK IS DUE BEFORE CLOSING TIME ON LAST DATE STAMPED BELOW vua w\n*- 4V*# RECD LD DEC1V69-7PM LD 62A-30m-2,'69 (J6534slO)9412A A-32 General Library University of California Berkeley 412126, UNIVERSITY OF CALIFORNIA LIBRARY