« PreviousContinue »
joined the Union for the Protection of Industrial Property. The cost varies from £60 to £8o. Trade marks, £10.
GRENADA AND THE GRENADINES.
(Population, 66,000.) The patent law is almost word for word with the British, but altered so as to substitute colonial officials and institutions for British.
Usual costs : Patent, provisional, £5; completing, £12; or complete at start, £16.
Taxes, including agency, end of fourth year, £5; increasing £1 annually.
Three months' grace allowed for paying taxes. Cost, £1 105., £3 105., and £,5 rosrespectively.
(Population, 1,500,000.) Patents of from five to fifteen years are granted only to inventors resident in the country. Subjects or citizens of countries with which Guatemala has at the time a convention, and who have obtained patents in their own country, can obtain a Guatemalan patent of importation to expire with the original one, but in no case to exceed fifteen years' duration.
Models or specimens are required where the case admits of it.
Working must be commenced in the realm within a year of the grant of the patent, and must not be discontinued for a complete period of twelve months on pain of forfeiture.
An annual tax, assessed by the Patent Office in each case (according to the supposed value of the invention), has to be paid on pain of forfeiture. This tax varies from £i to £10.
It is a criminal offence to knowingly infringe a patent.
Special concessions are also granted by the Executive with the sanction of the Legislature, and, for a limited period, to any one establishing a new industry, which, though not worked previously in Guatemala, is well known abroad, and by mere publications, or the sale of the produce thereof, in the realm. These concessions may include exemption from taxation, exemption of the concessionnaire and his employés from military service, grant of public land for works purposes, and in some cases money grants.
Usual costs : Patent, including the first year's tax, £60.
Special concessions can only be obtained by persons resident in the country, and must be applied for personally
Trade mark registration, £16 for 10 years.
GUIANA. See “ British Guiana.” French Guiana is covered by a French patent. In Dutch Guiana there is no
HAWAII. This is now a part of the United States, and comes under the United States law. The few patents granted by the late Governments are, however, unaffected by the change.
(Population, 1,300,000.) A patent can be obtained by a Special Act of Legislature. Cost, £95.
(Population, 5,300,000.) No patents of any kind are allowed, but efforts have from to time time been made to again introduce a patent law. Holland has joined the Union for the Protection of Industrial Property, and the Government have stated their intention of bringing in a patent bill, which if passed will be added as an appendix.
Cost of registering a trade mark, £7 1os.
(Population, 38,000.) The law, founded on the British law of 1852, is very similar to that now in force in England, except that there is no compulsory licensing and the costs and procedure are different, that the patent falls with the earliest prior foreign patent falling void ; and the patent is subject to a tax of £10 at the end of the third year, and £20 at the end of the seventh.
Usual costs: Patent, £64.
(Population, 780,000.) A patent of any foreign country can be extended to Honduras. If the invention be not in use there by independent parties the cost is decided specially for each case according to the presumed importance of the patent. There is an annual tax. Average cost of patent, £5 to £20 ; and annual tax, £2 to $8.
HONG KONG AND KOWLOON.
(Population, 325,000.) Patents granted for duration of corresponding British patent if the invention be not already in use in the colony.
Usual costs : Patent, £45.
(Population, 19,400,000.) Kind of Patents. There are two kinds of patents: patents of invention, for fifteen years, and patents of addition, to expire with the original patent.
Who can Patent.--The inventor, his heirs, successors (assigns) can validly obtain a patent, and no one else.
What can be Patented.--Any new invention capable of being used industrially can be patented, except medicines, food for men and animals, and chemical products, and, if the Government opposes, warlike inventions. A process for making any of these can, however, be patented, and the process covers the article actually made by that process; but others have a right of making the same article by a different process.
Novelty.-An invention is new only so long as it has not been published in print anywhere, or publicly worked, or patented by others in the realm. Official publications in a foreign state, granting reciprocity on this point to Hungary, may (by treaty with that state) not entail invalidity to a patent afterwards applied for.
Government employés cannot obtain patents for invention made through the knowledge obtained
in their Government employment, provided that the Government opposes the grant.
Patents obtained by fraud of the true and first inventor can be opposed by the latter, and if he be successful he can obtain a patent for himself for the invention.
Patents of Addition for improvements on prior patents can be obtained within the first year of such prior patents by the owners of such prior patents; but if others apply to patent said improvements during the year, their applications are kept secret till the end of the year, and then granted if the owners of the original patents have not, during the year, made an application for the same. Patents of addition are subject to no annual tax so long as the original patent is kept up, but expire when the annual taxes on the original patent cease to be duly paid, or, in any case, on the expiration of the term of grant of the original patent.
Rights Conferred by Patents are practically the same as those in England or the United States; but any person who has begun to work the invention, or who has erected plant to work it in the realm before the date of the patent, can continue to work it in his own works, in defiance of the patentee.
Government Rights.—The Government compulsorily take possession of a part or the whole of a patent, and compensate the owner.
Working.- If a patent be not worked in the realm within three years from date of grant sufficiently to supply the demand, and the inventor refuse licenses on just terms, especially after three years from the grant, and after due admonition by the Patent Office, the Patent can be annulled.
Annulling Patents.—Beside the clause set forth in the last paragraph, patents can be annulled in whole or in part if it be proved that they ought