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Patents of “Dependence” for important alterations or variations on existing patented inventions are granted to the inventors of such alterations, but without right to use the original invention.
Patents of “Addition” are granted for additions to patented inventions, to the patentees of the original invention, to expire with the original patent.
A patent prevents others from importing, selling, or manufacturing the invention, or using the patented product without the consent of the patentee, except use on ships or vehicles temporarily in the country and fitted with the invention abroad.
All patents except those of addition are subject to an annual tax on pain of forfeiture of the patent. If this be omitted to be paid when due, it can be paid within three months with an additional fine.
By Act of Parliament a patent can be purchased by the State, the amount being settled by arbitrators. A commission of five members (with power to call in experts) examines all patent applications as regards novelty, utility, completeness, and clearness of description, and whether the case embraces than one invention. The applicant has the right of being heard by the Commissioners and of correcting his case to suit their views, but the Commissioners, if the corrections be serious, can require the patent to be dated as of the date of filing the correction instead of that of the original application.
The case on successfully passing the examiners is advertised and laid open to public inspection for eight weeks, during which it can be opposed, and in such an eventuality the Commission hears both parties.
A non-resident inventor must have a resident agent in the kingdom, and if that agent die or cease to represent the patentee, the latter must within a reasonable time appoint another representative willing to
DENMARK AND ITS POSSESSIONS.
act, or the patent will be declared void. The representative of his local patent agent usually acts as resident agent until the inventor chooses to appoint another.
A patent must be worked within three years of the issue thereof, and the working must not afterwards be discontinued in the realm for one whole year at a time, or the patent will be declared void. The Commission can, however, grant an extension of this time, or even relieve the patentee of the obligation to manufacture, especially where it is shown that the expenses of so doing are out of reasonable proportion to the demand in the realm, and that the patentee has arranged that the patented article can always be purchased at some place in the realm.
Any interested person can bring an action to annul a patent on the ground of want of novelty, utility, or legality, or its interference with his legal rights ; and if two persons apply for patents for the same invention, the first applicant is considered the rightful owner without very strong proof to the contrary.
Denmark has joined the Union for the Protection of Industrial Property, and has extended the protection under the terms of the Union to twelve months from the date of the earliest application in a country of the Union.
Average costs, Patent of Inven-
£13 os. Addition
tu Annual taxes to be paid as follows :Before end of each of first two years £2 125. next three
£4 os. 7,6 195. £13 6s.
£19 Ios. Taxes can, however, be paid with a grace of three
DENMARK, ETC. ---ECUADOR-EGYPT.
months on payment of a fine of a fifth of the amount of the tax.
Trade mark, £8.
DUTCH EAST AND WEST INDIES.
(Population, 35,000,000.) There is no patent law in Holland or any of its Dependencies. Usual cost, $10.
Usual cost, £10. Curaçao and Surinam register trade marks, £ 10 1os. each colony. The remaining colonies Sumatra, Borneo, Celebes, Java, and Madura, £10 1os. for the lot.
EAST AFRICA PROTECTORATE.
(Population, white, 3,000.)
(Population, coloured, 4,000,000.) The law and costs are practically the same as those for India, except that in place of annual taxes £13 has to be paid before the end of the fourth year, and £26 at the end of the eighth year. Agency is included in these amounts.
(Population, 1,270,000.) The law, etc., of this country is similar to that of Bolivia, but there is no compulsory registration of trade marks.
Usual cost : Patents, £80. Trade marks, kun.
(Population, 10,000,000.) British and other patents can now be extended to Egypt, to continue as long as the home patent lasts.
Average cost, £16. Trade marks, £ 5.
EGYPT – FALKLAND)- FIJI — FINLAND.
(Population guessed at 2,000,000). The Government has now under consideration legislation for the protection of inventions. Trade marks can now be protected. Usual cost, £9.
(Population, 2,000). Any person having or owning patent registered trade mark or design for Great Britain can have the same extended to the Falkland Islands at a cost of £u for a patent, £ 10 for a design or trade mark.
(Population, 125,000). The law is very similar to the British, but the initial costs are much greater.
There are no taxes after grant, no compulsory licensing, and a patent falls with the earliest expiring British or foreign patent for the same invention. Duration otherwise fourteen years. Cost of patent about £45. Trade mark, £15.
(Population, 2,500,000.) Has at present a patent law independent of the Russian.
Patents of invention are granted for fifteen years (and patents of addition to expire with original patent) for new inventions other than foods, drinks, inedicines, clothes, or chemical substances—but a new mode of manufacture of any of these latter is patentable. By “new” is meant not published in the realm prior to application for patent, but if already patented abroad a patent is held as new in the realm if not published more than six months. There is an examination and publication, and oppositions can be filed.
If an invention requires the use of a previously patented invention for its successful working, it is still granted, but the fact and the number of the prior patent is set forth in the patent. Appeals are allowed from the decision of the examiner. There is a compulsory working or license clause very like the German with, like the latter, a three years' limit.
Usual costs : Patent, £17.
Annual taxes, including agency, £2, end of ist and 2nd year; £3, end of 3rd, 4th, and 5th year; £3 ios., 6th, 7th, and 8th ; £4, 9th, ioth, and uth; £4 1os., each of remaining years.
Trade mark registration, £7.
FRANCE AND COLONIES.
(Population (France], 39,000,000.) (
[Dependencies], 77,000,000.) Kind and Duration of Patents.—Patents of invention are granted for fifteen years, but fall void with any prior foreign patent for the same invention, except when obtained under the rules of the International Union.
Certificates of addition are granted for additions to, or improvements on, any existing patent, and to expire with the same.
The duration of patents can only be extended by special Act of Legislature, very rarely obtained.
Who can Patent.--Any one, citizen or alien, being the true and first inventor, his executor, administrator-or in practice his assignee—can obtain