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DOMINION OF CANADA-CAPE OF GOOD HOPE.
About 3,300 Canadian patents are issued per annum. Usual cost: Patent Paid up for 6 years, £18
18 £26 Extending from 6 to 12, or 12 to 18 years,
£12 Caveat, one year...
£6 Working a patent
48 Arranging patent under compulsory license
clause Registering a Specific trade mark
£9 General Trade mark for all goods
6 to 18 years
CAPE OF GOOD HOPE AND BRITISH
(Population, 2,400,000.) Patents are granted provisionally for six months. The inventor or his agent gives notice to proceed. The Attorney-General appoints a day of hearing, and the applicant for the patent is required to advertise the facts in a given form in various papers. At the day of hearing any one can oppose the grant, and the Attorney-General may call in to his aid a technical or scientific assessor and can, if he think it right, refuse the patent and can decree costs. If there be no successful opponent and the case appear in order, the Attorney-General grants a warrant for the patent to issue, and if the applicant duly pays the fees within the statute limit it is issued.
A patent is issued for a term of fourteen years but expires with the expiration of any prior foreign patent for the same invention. Disclaimers allowed so that patents claiming what would make
them void can be amended, and in cases where there has been only some obscure publication of the invention before the patent was applied for, the Governor can after due advertisement and after hearing all interested parties, grant a confirmation of the patent making it valid.
Unauthorised use of the word Patent or equivalent (or name of the patentee) subjects the user to a penalty of £100, one half of which and costs goes to the informer.
There are taxes at the end of the 3rd and 7th year. In other respects the law is like the English. Average costs, Patent
£25 Tax including agency fee before end of 3rd year
£12 Tax including agency fee before end of 7th year
£,22 Trade mark registration
(Population, 3,750,000.) The Patent Law is now assimilated to that of British India.
The only person recognised by the courts Government as the owner of a patent is the person in whose name it stands on the register, and even a fraudulent assignment of a patent by such registered owner will hold good against a lawful purchaser of the right if the fraudulent assignment be registered first. It is therefore very desirable to register at once all assignments.
Applications must be filed in Ceylon within a year from the date of the acquisition of a patent for the same invention in
any country Usual cost, £23.
Annual taxes due before the end of the 4th, 5th, 6th, 7th, and 8th year, each £6; each subsequent year, · £10. Extra fees, including agency for paying fine within one month after due date, £i 155. ; two months, £2 nos. ; three months, £3 ios. Trade marks, £13
(Population, 97,000.) In Jersey and Guernsey an English patent can be re-registered in the Royal Court of the respective island. Usual Cost, Jersey, £11; and Guernsey, £10.
Trade marks, Jersey, 26; Guernsey, £4 10s.
(Population, 3,300,000.) Patents of invention are granted for a term not exceeding ten years for absolutely unpublished inventions. The term near its expiration is frequently extended on petition in the case of really meritorious inventions. Each application before being granted is submitted to a scientific commission to decide whether it be novel and useful, and worth a patent. Their deliberations are kept secret, and according to their decision the patent is allowed or refused ; from this decision there is no appeal. If a patent be allowed, a definite time is given to the inventor in which to start the manufacture. The ten years granted for the patent begin from the termination of said term allowed for starting, and if, at such termination of term for starting, the manufacture be not in practical operation in the country, the patent is annulled. A model or specimens are sometimes required. Infringing a patent knowingly is a criminal offence, as is also the fraudulent application for
patent. The law is very favourable to the patentee against infringers, and is easily put in force.
The cost of a patent varies considerably, but from £75 to £100 the usual figure in a complicated or chemical case; but £20 of it need not be paid till the patent is allowed.
Cost of registering a trade mark, £10.
CHINA, INCLUDING MANCHURIA.
(Population, 400,000,000.) The Chinese Government have decided to establish a Patent and Trade mark Registration System and a scheme has been laid before the Governments of Great Britain, the United States, and Japan, but nothing is really fixed as regards patents at date of going to press.
Trade mark registration at present one class, £18; extra classes, £ 14 each.
(Population, 5,000,000.) Patents are granted to the true and first inventor for five, ten, fifteen, or twenty years; but to expire with any prior foreign patent for the same invention. There is no examination as to novelty or utility.
A patent for an entirely new industry must be worked within a year of grant, and working not suspended for a period of one year. It can be declared void if found to be an infringement of a prior-existing patent, or if not worked as above, or if it violates vested rights in existence at the date of application.
Usual costs, £35 + £2 8s. for every year the patent is required. Trade marks, £10-term unlimited.
CONGO_COSTA RICA --CUBA-DENMARK.
CONGO FREE STATE. (Population, probably about 15,000,000.) The Belgian law, altered in a few minor details of procedure in taking out patents, etc., has been enacted for this State. Assignments and licenses to be valid should be notified to the Department of Foreign Affairs in Brussels. There are no annual taxes.
Usual cost of patent, £17. Trade mark, £6.
(Population, 322,000.) Patents are granted by a special Act of Legislature. Average costs, Patents, £70. Trade marks, £,19.
(Population, 1,600,000.) Patents are granted for seventeen years to the inventor, his agent, or assignee, and must be worked within one year of grant of certificate.
Usual cost : Patent, £28. Trade mark, £13.
DENMARK AND ITS POSSESSIONS.
(Population, 2,450,000.) There are three kinds of patents, “Invention," “Dependence," and " Addition.”
Patents of “Invention ” are granted for fifteen years for any new invention which can be utilised in industry, or become an object of manufacture, except medicines, foods, and methods of making food. By “new” is meant not yet openly applied in Denmark or published in print anywhere to such an extent as to enable an expert in the trade to which it relates to work it.