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What can be Patented. An invention patentable in Great Britain or the United States is patentable in Italy, except that medicines are unpatentable. Only a single invention can be included in one patent.
Who can Patent. The inventor or his assigns, and practically any person, firm, or company, if the original inventor does not object.
Novelty. A patent is void if the invention have been fully published or worked in the realm prior to protection by application for the patent, or by rights. under the Convention for the Protection of Industrial Property (see page 194), with this exception-if the patent be applied for as a patent of importation to expire with a given (later expiring) foreign patent for the same invention, then the prior publication abroad in Government publications will not invalidate the patent.
Procedure. There is practically no examination, but all patents are granted if in order.
Rights conferred by Patent are similar to those in Great Britain, but there is no compulsory license clause.
Priority. Protection dates from the application, the term of the patent from the last day of March, June, September, or December next following the date of application.
Renewals.-Applications can be made for a less number of years than fifteen, and the patent thus obtained can, at any time before the expiration of its term, be renewed for a further period not exceeding fifteen years from the date of the original patent. As every prolongation costs about £6, in addition to the difference between the first cost of a patent for the original and for the extended term, prolongation should be applied for as seldom as possible. The usual plan is to secure a patent for at least six years,
and at the expiration of that period, have it prolonged for the full term of the fifteen years allowable. A patent cannot be prolonged without the original document being produced.
Working.—A certificate must be obtained that the patent has been worked within the realm within one year of grant, in the case of patents granted for less than six years, and within the space of two years in the case of patents of longer duration, or three years in the case of patents obtained under the rules of the Union for the Protection of Industrial Property, and the working must not be intermitted for any similar period, otherwise the patent may be declared void.
Disclaimers. During the first six months of the duration of a patent the proprietor can enter disclaimers of anything old or useless in the specification.
Taxes.-There are two kinds of taxes on patents— the "proportional tax," varying with the duration required, paid on applying for the patent or prolongation, and included in the cost of same, and an 66 annual tax," gradually increasing in amount payable on the last day of March, June, September, or December next ensuing after the anniversary of the date of application for the patent.
About two thousand patents are now granted yearly, and the number obtained annually is rapidly increasing.
Average costs: Patent :
Renewals equal £6 + the difference in cost between the two terms and the annual tax, thus: Renewing a one year's patent for five more is £6 + (18—15) + £2 10s. = £11 105,
Annual taxes, including agent's fee-first two years, each £2 10s.; next three, £3 10s.; and so on, increasing £1 every three years. Certificate of addition Certificate of reduction (disclaimer). Registering a trade mark .
WITH TURKS AND CAICOS ISLANDS.
Patents are granted for fourteen years, but limited by the duration of any prior foreign patent for the same invention, to the true and first inventor, or his assigns, of an invention not hitherto known or used in the islands. There is no rigid examination. A patent obtained by fraud, and the consequent publication of the invention, does not invalidate a patent afterwards obtained by the true and first inventor. Disclaimers can be made, and patents of addition, to expire with the original patent, can be obtained by the original patentee, to form a part of the original patent. The penalty for infringing is three times the actual damage as estimated by the jury of the court, and costs and injunction.
Average costs: Patent
Registration of trade mark
Kind, and Duration of Patents.-Patents of invention are granted for fifteen years from date of registration. Patents of addition are granted to the owner of the original patent, to expire with the latter,
Who can Patent.-Only the true and first inventor or discoverer can obtain a patent of invention, and only the owner of the original patent can secure a patent of improvement. No official of the Patent Office can own a patent unless he owned it before entering Government employ or received it by bequest.
An inventor outside the realm must appoint an agent domiciled in the realm as his agent, and such agent must be satisfactory to the Government and a registered patent agent in the country. Our agent fulfils these conditions and acts for our clients.
Only subjects of Japan, or foreigners with whose Governments Japan has special treaty arrangements, can obtain patents at present, the favoured countries are Austria, Belgium, Denmark, Germany, Great Britain and her Colonies and Dependencies, Holland, Norway, Sweden, Spain, France, and the United States. As, however, Japan has now joined the Union for the Protection of Industrial Property, the remaining States of the Union will soon have the right, and Hungary is now negotiating for a treaty.
What can be Patented.-Almost any new thing that can be patented in the United States or Great Britain can be patented in Japan, except articles of food, drink, or luxury, medicines and method of compounding them, things regarded as contrary to public order or morality and things which have been known to the public or have been in public use before the application of the patent; but this latter rule does not apply to things which have been known to the public for the purposes of trial for not more than two years, and this rule is also subject to the regulations of the Union for the Protection of Industrial Property.
Novelty. See last paragraph. The publication of a description in print in any country prior to
application in Japan is fatal to the validity of the patent, but subject to the regulation of the Union for the Protection of Industrial Property and the following rule in regard to national and international exhibitions.
Exhibitions. Exhibits in exhibitions organised by the central Government, or by the authorities of a Prefecture, are, by notification to the Director of the Patent Bureau duly given before entering the exhibit, provisionally protected without further charge for six months from the date of entry into the exhibition, and exhibits in an international exhibition in any of the States of the Union for the Protection of Industrial Property are provisionally protected for the same period in Japan and to the same extent as they are protected (in consequence of exhibiting and notification thereof) in the country in which the exhibition is situated.
Military and Naval Patents and others required in the public interest can be appropriated and compensation paid for same by the Treasury, the patentee having an appeal to a court if not satisfied with the compensations.
Examination.-Patents are examined to see if they be in order or previously published by the inventor and to a certain extent others, in any country prior to the application, or if they interfere with any other pending application. If the examiner reports against the patent the report is submitted to the parties interested and the patentee can appeal within sixty days to another examiner, and from him appeal can be had to the Patent Bureau. If an interference between two pending applications be declared, or if applicant be opposed, both parties are called upon to furnish full statement of their respective cases, and if the decision finally come to be that the second applicant is the first inventor,