Page images

and the first patent or patent application be cancelled, the second applicant can have his patent dated back to the date of the cancelled patent. Appeals can be made from decisions of the Patent Court to the Supreme Court.

Amendments can be made, provided they do not extend the invention. Actions for infringement or revocation of patents are tried before three or five patent judges, who must give their reasons, with the decision.

Working. A patent can be annulled if the owner allows three years to elapse without publicly working it in the Empire, or if, after such three years of nonworking he refuses to license or sell the invention at a reasonable rate.


Taxes. Annual taxes have to be paid on pain of forfeiture of the patent. Sixty days' grace are allowed in cases of accidental failure to pay in time. Marking. All patented articles must be marked "Patent of in the Japanese language. Penalties for wrongful marking or importing, using, or selling the patented article in contravention of the patentee's rights are major imprisonment of from fifteen days to three years, or a fine of from ten to five hundred yen and the confiscation of the infringing article, which is given to the patentee.

Average costs: Patents of Invention

Annual taxes including agency on patents of invention :

End of each of first three years
Next three years, each

And so on, increasing 10s. every

[ocr errors]
[ocr errors]

three years.

Registering a trade mark, each class.

£28 £22

£2 10s.




(Population, 8,500.)

The law and costs of Straits Settlements have been adopted bodily for Labuan. Trade mark, £14.


(Population, 1,500,000.)

Any inventor, his assigns, or legal representative with or without associates, or any person receiving the invention from abroad from the inventor or his legal representative or assign, can obtain a patent. The law is in nearly every other respect the British law, as set forth in the 12th Edition of my Handbook of 1902, except that the costs of obtaining patents are rather heavier, and the annual taxes commencing at the end of the fourth year are, including agency,

12 10s. for the 5th, 6th, 7th, and 8th years; £17 10s. for the 9th and 10th years; and £22 105. for the 11th, 12th, 13th, and 14th years.

Usual costs: Patent, £15.

Provisional protection for 9 months, £6 to £8.
Completing the patent, £13 to £16.
Trade mark, £10 IOS.


(Population, 130,000.)

Patents are granted for fourteen years, but limited by duration of any prior foreign patent, to first inventor, for any manufacture new as far as the colony is concerned, and not the subject of an expired patent abroad.


Usual costs: Provisional protection for six months, of little use except to residents

Completing same

Or complete patent at start
Tax before the end of third year
Tax before end of seventh year.
Registration of trade mark, all taxes
paid for three years

[ocr errors]
[ocr errors]
[ocr errors]


[ocr errors]
[ocr errors]


[ocr errors][ocr errors]

(Population, 1,500,000.)

Patents are granted for fifteen years to the true and first inventor, or his assigns, for inventions not yet known or used within the limits of the Republic. They must be worked within the first three years of their duration in the Republic, on pain of being considered abandoned.

Usual cost to Liberians



[ocr errors]




£12 10S.

£22 105.


£22 £33

(Population, 220,000.)

The patent law is in most respects identical with the Belgian, except that an invention must be new, not merely in Luxembourg, but in the entire Customs Union of Germany, to be validly patentable. By new is meant not described in public print or publicly worked. So also a patent is invalid unless before, or within three months after, its application, a patent for the same invention be applied for in Germany and (afterwards) granted. A patent is granted for fifteen years, but only remains valid as long as the German patent for the same invention is kept up. If, however, the German patent be declared void

for want of working, the Luxembourg Government can continue the grand ducal patent. Working in the duchy must be proved within three years of grant. Compulsory licenses can be obtained at rates fixed by Government, by parties wishing to use an invention patented more than three years previously -if in the opinion of the Government such compulsory licenses are desirable. It is generally useful to protect an invention in Luxembourg when patents are obtained in the surrounding States of Belgium, France, and Germany, as, there being no custom houses on the German frontier, and it being very difficult to prevent importation into France and Belgium, an infringer in Luxembourg can be a veritable thorn in the side to the owners of the German, French, and Belgian patents, unless he can be brought to account in Luxembourg itself through a grand ducal patent. The law is very severe against wilful infringers, and is easily put into execution.

Usual costs: Patent, £8 10S.

Annual taxes as

in Belgium.

Registering a trade mark, £5 10S.


(Population, 4,000,000.)

The French patent and trade mark laws extend to this country, but for a patent to be effective in the country registration of the same must be effected in the country. Cost of such registration, £15. Trade mark, £6 10s.


(Population, 200,000.)

The patent law is substantially identical with the British, but with a few slight improvements patents of

addition are granted to the patentee or his representatives for improvements on the original invention to expire with the original patent and form a part of it. Malta has joined the Union for the Protection of Industrial Property.

Designs can be registered for five years.

Usual costs: Patents and Designs and annual taxes the same as in Great Britain.

Registering a trade mark, £8.


Patents are granted to the original inventor or his assigns for fourteen years. This period can be prolonged by the Governor on showing a good case nine months before its expiration. There is no examination as to novelty, but publication is made before grant, after which it is open to opposition for a limited period; but oppositions are very rare. The invention must not have been published (except in Government publications), or be in use in the colony or the United Kingdom, or be patented more than a year in Great Britain, prior to an application for a patent in the colony. The public use, however, for not exceeding one year by the patentee or his assigns, licensees, or representatives, prior to patenting, is, by a special clause in the Act, held not to invalidate the patent. There are no annual taxes or compulsory working clauses.

Average costs: Patent, £39.
Registering a trade mark, £15.


(Population, 14,000,000.)

Who can Patent. The actual inventor, his agent, or legal representative can obtain a patent.

« PreviousContinue »