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infringer, after having gone into partnership with a workman or a person employed by the patentee, has become acquainted through the latter with the processes described in the patent.
In the latter case, the workman or person employed may be prosecuted as an accomplice.
It is an infringement of a patent for a new product to make that product by a different process from that set forth in the patent specification, or of different ingredients or materials.
It is an infringement the making of a product or the working of a process differing in unimportant details from that protected, but involving the principle of the patent. If an invention be for a combination of old parts, it is an infringement of the patent to manufacture or import those parts separately with a view to their being put together to form the invention.
It has been held an infringement of the patent to repair or renew, without license, worn-out parts of a machine originally purchased from the in
Working the invention for one's own personal use is an infringement.
If a man infringes a patent while in the employ and at the command of another, the latter alone is liable for infringement.
A licensee who goes beyond his license is liable for infringement.
Articles seized from the inventor for debt can be sold and used without infringing.
If any one, prior to the date of the patent, possessed the patented article in France, he has the right to continue to use it throughout the duration of the patent without being accounted an infringer.
Actions cannot be maintained for infringements
made more than three years prior to the commencement of lawsuit; but if the infringements have been continuous, or repeated over a lengthened period, and a part of them have been committed within the three years, an action can be brought for the entire series. But an action must cover all the infringements up to the date of action; and after the suit at law no further action can be brought against the defendant for infringements made prior to said suit.
It is sufficient defence of an infringement that the part of the patent which is alleged to be infringed was, prior to the date of the patent, published in any country sufficient to enable any one to work it, or described in a prior patent which has fallen into the public domain, or of which the plaintiff has not acquired the rights, if still in force.
The patentee can obtain as damages in a civil action all profits that he could have made on the articles counterfeited, and satisfaction for injuries to his business that he can distinctly prove to be caused by the infringement.
The carriage of a patented article made abroad, in transit through France, is an infringement, even if destined for export to another country,—thus the patented articles, made in Holland, where there is no Patent Law, if sent through France to a country where the invention is not patented, can be stopped and confiscated at the French Custom House.
Importation of Patented Articles.-A patent can be annulled if it be proved that the inventor, his agents, or any one with his or her connivance, has imported into the realm a specimen of the patented article manufactured abroad. France, has, however, joined the Union for the Protection of Industrial Property, and by so doing has agreed that this clause
shall be inoperative against patentees of the other nationalities of the Union (which includes Great Britain and the United States).
In a trial, where a man in Paris contracted with an American inventor to manufacture the American's invention in France, and supply it at a given price to the American's customers, and the contractor, instead of so doing, employed an agent in the United States, before that country joined the Union for the Protection of Industrial Property, to buy from the inventor and forward the machines to Paris, where they were regularly supplied, at sale price, by the contractor, it was held that this did not invalidate the patent, and that the patentee was not bound to interfere in the matter, but could, and, in fact, did, allow this singular trade to continue, to his own and the contractor's benefit.
The Minister of Agriculture can authorise an inventor, citizen of a state not in the Union, to introduce a single specimen of his invention by official permit; such permit can generally be easily obtained. During the régime of a late minister of agriculture they were, however, almost uniformly refused.
Importing the material for manufacture does not affect the patent. The article imported, to do any harm, must be in such a state of completeness that, if made in the realm, it would be held to be an infringement of the patent.
Nullification.-Any interested party can enter a suit to have a patent declared null. Any inventor in the same branch of industry is an interested party in the eye of the law.
A patentee can withdraw his application at any time within two months of the date of filing, when £4 will be returned.
Marking Articles.-Whoever, in his advertise
ments, prospectuses, labels, stamps, etc., uses the word "breveté" or "brevet " (patented or patent) in connection with the patented article, without adding the words "sans garantie du gouvernement" (without guarantee of the government), is liable to a fine of not less than £2 or more than £40. In the event of a repetition of the offence the fine may be doubled. The initials "s. g. d. g.," though almost universally used, have been held on one occasion not to be sufficient. Any one using the name, title, or trade mark of an inventor without his sanction, or marking a thing "patent" that is not patented, can be made to pay damages to the owner of the patent nearest resembling it.
Specifications are now printed and published separately (and without waiting for two years and then publishing them in the volumes as was the case till 1901). Cost of a printed specification, three shillings. One copy is sent to the patentee, who can notify the officials during the space of three months of any errors or inaccuracies therein when they will be corrected, after which the document will be considered a true copy of the specification and unalterable.
About 11,000 original patents are taken out every year in France, and the number issued up to December, 1904, was over 346,000.
12 to £14.
Usual costs Original patent,
Certificate of addition, £10.
Annual tax on original patent, including agency fee, £5.
Securing certificates of working, £9 to £10.
Registering a trade mark, £4 IOS.
Registering a design, £4 155.
GAMBIA AND PROTECTORATE.
The law is almost a copy of the British with these exceptions. An assignee can apply for a patent and the holder of a patent in any other state or colony can get that patent registered for Gambia for the remainder of the period for which such foreign patent was granted. The fees are double the fees exacted in Great Britain.
Usual costs Provisional protection, £7.
Registering foreign patent in the colony, £25. Taxes at end of 4th and subsequent years, £10, £10, £10, £10, £15, £15, £20, £20, £20, and £20. Fee arranging tax,
GERMANY AND COLONIES.
(Home population, 59,000,000.)
Kinds and Duration of Protection.--There are three kinds--Patents of Invention, of Addition, Registrations of Design. The first last for fifteen years subject to annual taxes. The second (additions to or improvements on existing patents) are granted to expire at the date when the original patent would expire-the taxes of the original patent serving for both. The third for three years renewable for a further term of three years for novelties of useful design. These will be treated in a paragraph to themselves, the following information applying only to the first and second class of patents.
Who can Patent.-Any person the true and first inventor or his assigns, and practically any applicant with the connivance of the inventor, can obtain a patent.