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he can continue to use it during the entire period of the patent in defiance of the patentee.

During the continuance of the patent, the inventor can make additions to his specifications at any time, obtaining a certificate of addition therefor to expire with the original patent, and not subject to any other tax than that paid on applying for the certificate.

Certificates of addition secured by a person having an interest in the original patent form parts of the principal patent in the eye of the law, and the registered purchaser of a principal patent can enter an action for infringement of a certificate of addition, granted to the original patentee of the principal patent, though the certificate be not mentioned in his deeds of transfer.

If the owner of a patent, after being shown or convinced in any way that his patent is invalid, use it as a means of menacing his rivals in trade or their customers, he is liable to fine or imprisonment under the criminal code.

What can be Patented. As a rule, any new industrial product or new means or new application of old means for obtaining an industrial product can be patented.

The following are not patentable, however :

(1) Pharmaceutical compositions or remedies of any kind, the said objects remaining subject to the special laws and regulations for these matters, and especially to the decree of August 18th, 1810, relating to secret remedies.

(2) Schemes and combinations referring to credit and finances.

New designs (not involving any inventive talent or any new principle or new result) cannot be validly patented, but can be protected by filing them at the secrétariat du conseil des prud'hommes.

Ornamental and other designs in sculpture are fully protected without such filing under the law of July 19th, 1793.

The following have all been decided to be patentable inventions, provided they produce a new industrial result:

(a) A new process for producing an old article. (b) A new application of a known means or process, or the application of a known means process in a known way to an entirely different industry.


(c) The new practical application of a known chemical fact or theory.

(d) The new combination of two or more old parts or old processes.

(e) The mere alteration of the order in which certain steps in a known process are taken. (ƒ) The mere alteration of relative proportions or quantities, or even degree of temperature at which an old combination, compound, or process is worked.

(g) The application of an old substance, process, or machine to a use not analogous to any to which it had been applied previously.

(h) The mere omission of one part of a known process, or of one ingredient in a known compound hitherto supposed to be necessary to that process, or to the purposes for which the compound is applied, is patentable, if it produce the same result as the complete combination did, while saving the expense of the discarded part.

The mere use or employment of an old article in a new way, or the use of a machine or process hitherto used for manufacturing one substance—say, linen—to manufacturing another material—say, cotton or silk— is not patentable, unless a new industrial effect is

produced thereby not analogous to that produced heretofore.

Similarly, mere changes of form, dimensions, or materials are not patentable, unless they produce a new industrial result, or a novelty in the process.

A greatly superior yield, if directly resulting from the alteration or change, is a new industrial result; but the mere cheapening or improving of a known product, by greater skill in manufacture, is not a patentable invention.

A new industrial result is not patentable in itself, but only the means or process by which it is obtained, or the new product resulting therefrom.

A new industrial result need not be useful in order to be patentable; it is sufficient that it be novel; and in an action for infringement it is no defence that the patent infringed is useless; but this point can be considered by the judge in estimating damages.

The juges du fait have, in the first instance, the decision as to whether an invention be validly patentable, and from them appeal can be made to a superior court.

The patent must be limited to a single principal object, with the details that constitute it, and its applications, which should all be carefully enumerated and described.

In practice, the officials are generally liberal on the point as to what can be patented in one application, but some persons who have been in charge of the Patent Office have been much stricter than others. As a very exceptional case, we once obtained a patent for a Liverpool inventor, having more than three hundred drawings, and corresponding letterpress, the principal object being the manufacture of salt, and the objects of detail being the arrangements of plant and details of about forty different varieties of machines for treating salt. It was,

however, by far the most voluminous specification for which a patent has ever been granted by the French Government, and is even now exhibited at the Ministry as a curiosity.

Should the Minister reject the demand, there is an appeal to the Council of State or a fresh application or applications can be made. If, however, the invention have been published in the meantime the patent will be of doubtful validity.

If a patent be once granted, it cannot be annulled afterwards on the ground that it contains more than one principal object.

In patenting a process as the principal object, the obtaining and purifying of various by-products can be claimed.

Novelty. For the patent to be valid, the invention must be "new," that is, must not have been publicly used or described in any printed book in any country, or in any manuscript open to public inspection in any public library or patent office, in any country, before the date of the application, or of priority obtained under the Union for the Protection of Industrial Property, of which France is a member (see page 194), in such manner that from the description a man skilled in the trade could understand and work the invention. A French patent must therefore always be applied for on or before the date on which the English final or complete specification is accepted, the German patent is allowed, or American patent issued, except in cases where the provisional protection of the Union for the Protection of Industrial Property for the time being protects the inventor. The fact of an invention proving extremely valuable on being introduced to the trade is, as in England, primâ facie evidence of novelty.

Mere experiments, or secret use prior to the

application for the patent, do not nullify it, unless proved to have resulted in commercial success. Thus a patent for the manufacture of a pigment was held valid after it had been proved that the whole process had been published prior to the date of the patent as a laboratory experiment.

So long as any part of a patented invention be not proved to be old, or otherwise invalidated, the patent for that part of the invention is valid, even though all the rest have been declared null and void by a court of cassation.

Licenses and Assignments.-A patentee may transfer the whole or part of the proprietorship of his patent.

The transfer of the whole or part of the patent, either gratuitously or for a consideration, can only be effected by a notarial deed and after the payment of the whole of the prescribed taxes otherwise payable annually.

It is the general rule, but not an absolute one, that no transfer is valid as regards a third party, before it has been registered at the Secretary's office of the Préfecture of the Department in which the deed has been executed.

The registration of transfers and all other acts concerning mutation are made on the production and deposit of an authenticated extract from the deed of transfer or mutation.

A copy of each declaration of registration, together with the extract from the deed above mentioned, must be forwarded by the Préfects to the Minister of Agriculture and Commerce within five days of the date of the declaration. These can be inspected and copies obtained at the Ministry.

There is no penalty for non-registration.

If a patent be sold many times over, and the final owner register the successive transfers (having

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