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previously paid up the taxes), such registration is sufficient, though all the previous transfers escaped registration up to that date.

The purchaser of a patent leaving his title unregistered for a long period, and then registering it, becomes at once the lawful owner of the patent.

A transfer is valid, as regards the actual parties to that transfer, without registration.

The unregistered owner of a patent cannot bring an action for the infringement of that patent.

If, however, in the case of an unregistered transfer, the registered owner join the actual owner in an action against an infringer, they can obtain damages.

If two parties innocently purchase the same invention from the registered owner, and the second purchaser in point of time registers his transfer first, fulfilling all the formalities required, he becomes the actual owner, and his purchase, except in special circumstances, is usually held good, even against an unregistered earlier purchaser of the same invention from the same former owner.

If a transfer of the rights in an invention take place before application for a patent, and the purchaser take out the patent in his own name, the transfer cannot be registered, but must be made before a notary, and (if outside the realm) the notary's signature legalised by the French consul, and should be preserved ready for production in case of any one bringing an action to upset the patent on the ground of the patentee not being the inventor.

A patentee selling a patent guarantees, by such sale to the person buying it from him (but not to subsequent owners), that it is, as far as he is able to ascertain, valid; that the statements contained in the specifications are true; and if it be afterwards

proved that any part or the whole of the specification be untrue, or that the product cannot be obtained by following the description of the process described, a judge can decree the annulment of the assignment and the restitution of an aliquot part or the whole of the purchase money.

If, however, a patent be sold for a given annuity during the continuance of the patent, or for a given royalty on the product, and it be afterwards declared void, the vendor cannot be made to refund past payments, but, with the nullification of the patent, the contract ends.

Until, however, the nullification be pronounced, the contract is good, and royalty due up to the date of nullification must be paid by the licensee.

It is customary, nevertheless, in cases of assignment or license, for a special clause to be inserted binding the patentee to return the purchase money in case the patent be declared null from other cause than non-payment of taxes, subsequent nonworking, or expiration of term granted.

Should a part of the patent be nullified, a proportionate part of the purchase money can be similarly exacted by order of a court. A licensee is, in like manner, protected to the extent of the consideration paid for his license, but not for royalties already paid.

On the annulling of a patent, all licenses become void.

A patent can be seized for debt.

A patentee selling a territorial right (his rights. for Normandy, for instance), or a part or the whole of his patent, can recover damages if the assignee of that part exceeds his rights or sells beyond his territory; but he cannot, except in special cases, seize the goods so sold, or prosecute other parties using them, as the latter purchased them from a

licensee, and were not supposed to know the extent of the license.

The license of a patent, even for a share of the profits, does not constitute a partnership between the parties, unless there be a special clause to that effect; and if the licensee do not fulfil the terms of his license, the Tribunal of Commerce can annul the license and decree damages.

If a partnership in a patent be dissolved, any one of the partners can appeal to the Tribunal of Commerce to have the patent sold and the price obtained divided; but if the partners agree that each shall work the patent independently of the others, then neither of the co-owners can from thenceforth claim the protection of the Tribunal in this


Should a patentee, a member of a firm or company, sell his patent to that firm or company, he is still the owner of the patent as far as third parties are concerned, until the transfer is registered.

Taxes. A patent is subject to an annual tax of 100 francs, payable before each anniversary of the application, on pain of forfeiture of the patent.

This tax can be paid all at once, or by instalments, at any time. If by any chance the annual tax be not paid when it becomes due, it can be paid any time during the ensuing three months on payment of an additional fine of 5 francs for the first month, 10 francs for the second month, and 15 francs for the third month.

There are no annual taxes on certificates of addition, but these become void with the principal patent on failure to pay the tax on the latter.

If a principal patent and a certificate of addition thereon be separately owned, either party can pay the taxes to prevent the original patent (and consequently the certificate of addition) from falling

void. Neither, however, can force the other to pay his quota. If both parties pay independently of each other, the Government will return the second payment on production of the first receipt. There are no means of knowing whether a tax has been paid or not during the current month, but information of all payments up to within a month of date can be obtained on application at the Ministry of Agriculture.

Certificates of Addition are null if for objects different from that of the principal patent. Thus, if the latter be for a product, and the certificate for a process of making that product, or vice versa, the certificate is invalid; but an addition to the process, or an alternative sub-process to form a part of that originally patented, provided it be operative to the same end, or an improvement on the product claimed in the first instance, can validly form the subject of a certificate of addition.

A certificate of addition granted to any shareholder or licensee of the original patent, becomes the joint property of all the proprietors in the same proportion as the original patent.

Amendment. A patent invalid by reason of insufficiency or other defect in the description, cannot be made valid even by a "certificate of addition," though the added specification supplies the deficiencies of the original one, and makes it clear. Inexactitude is as bad as insufficiency of description, and equally nullifies a patent, even when unintentional.

Working. The patentee whose invention is not worked and who does not make bonâ fide efforts to work it within the realm, within two years, from date of grant (three years from date of application, if taken out under the convention of the Union for the Protection of Industrial Property), or who

abandons the working of it for two consecutive years, loses all right to his patent.

If any one "work" the invention during the two years, it suffices, it being immaterial to the question whether the inventor licensed him to do it or not.

Working invention in part has been held sufficient; working a machine having a slight difference in design but the same in principle to that patented, will be sufficient working. Substantial efforts to get the trade to take it up, advertising the invention for sale, and exhibiting it in a public exhibition, all severally constitute sufficient working to satisfy the law.

Proof or working should be registered within the two years following the grant of patent, and if the inventor cannot arrange it in time the Patent Agent usually attends to it at a charge of from £8 to 1o. Poverty, the fact of the patent being held an infringement of an existing patent, and that there was no demand for the invention at the time, have each been held sufficient excuses for not working a patent during the two years from date. of grant.

Infringements.-Every interference with the rights of a patentee-either by manufacturing products or by using means forming the subject of his patent-constitutes the offence of an infringe


That offence is punishable by a fine of from one hundred to two thousand francs (£4 to £80). The patentee can also bring an action for and obtain damages from the infringer.

An imprisonment of from one to six months may also be inflicted whenever the infringer is a workman or person employed at the workshops or in the establishment of the patentee, or whenever the

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