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Duration, twenty years.
What can be Patented.-Almost any new invention that can be validly patented in Great Britain or the United States can be secured by patent in Mexico with the exception of new chemical products; but new processes or plant for making such products and new industrial applications thereof can be protected.
Novelty. By new is understood not published in print or worked industrially in any country before the date of the application for the patent, or protection under the convention or special protection in an international exhibition as hereafter mentioned.
Mexico has joined the Union for the Protection of Industrial Property.
Exhibition in an officially recognised exhibition is not fatal to a subsequent application for a patent, if before exhibiting the applicant files the necessary notice at the Patent Office of his intending so to exhibit, and provided the patent be formally applied for within three months of the final closure of such exhibition.
Rights Conferred by Patent are similar to those in Great Britain and the United States, except that actual manufacture of infringing products is a criminal offence, so is importing, dealing in, using for commercial purpose, or being possessed of the patented invention after due warning; with these exceptions, a man may import, make or use, any invention for experiment or research, and if before the date of first protection an independent party has worked or made the necessary arrangements for working the invention, he can go on working in defiance of the patent.
Examination.-There is no examination as to novelty, but all applications are granted without
guarantee for novelty or validity, if in order, and for a proper object matter.
Any decision of the examiners, refusing an application as not in order, can be appealed against to the
Extension. A patent may be further extended at the option of the Government on such terms as the Government may decide, but proof must be produced that it has been for at least two years immediately preceding in industrial use in the realm.
Working and Compulsory Licenses. If after three years from the date of first protection the invention be not industrially at work in the country, or if, after that period, industrial working be suspended for three months, the Patent Office can grant other parties a license to work the invention, they paying half the profits to the patentee. the patentee are punishable by a heavy fine, imprisonment of from one to twelve months, and the licensee is also liable to the patentee for damage and loss.
rect returns to
The patentee has the right of getting a license granted by the Patent Office annulled any time two years or more after the grant on proving that he has himself established industrial working of the invention
or any time on proving that for two consecutive months the licensee has not worked the invention. Both the owner of the patent and one who has obtained a license through the Patent Office must, within fifteen days of first starting industrial working, prove such working to the Patent Office.
Official Examination as to Novelty.-Any interested party can at reasonable cost get the Government to officially examine into and report on the novelty of a patent, but the Government does not in any way guarantee this report.
Government Expropriation.—The Government can on payment of reasonable indemnity (ascertained,
if an agreement cannot be come to, in accordance with the rules in force for the expropriation of real estate) take a patent or a patented invention for Government or public use. This refers mainly to patents for munitions of war. Nullification.-A patent can be annulled by the courts if it be proved that (1) it has been granted wrongly; (2) that the claim or the description or the drawing is not sufficiently clear or precise or the whole insufficient to enable the invention to be worked therefrom; (3) that the object patented is not in accordance with the title, or (4) that the invention has previously been patented at home or abroad.
Infringements of patents by actual manufacture are both civil and criminal offences, punishable by a fine of from 500 to 2,000 pesos and imprisonment of from one to three years.
The mere unauthorised use, the sale or circulation or importation of the patented article, or hindering the patentee in the exercise of his rights are also criminal offences and heavily punished, while in case of a second or third offence, even with a different patent, the punishment is increased. The infringer in all cases is liable to pay costs and damages to the patentee, and to the confiscation of the infringing articles.
Marking Goods "Patent."-Any one marking an article as patent" when it is not, is liable to a fine of from 50 to 1,000 pesos or imprisonment of from one to eleven months or both.
Industrial Designs can be registered for five or ten years at the applicant's option, but neither term can afterwards be extended.
Average costs: Patents of invention, £30.
(Population about 5,000,000.)
Law and costs substantially the same as (British) India. Gold, precious stones, and tea are its chief products.
NATAL (AND ZULULAND).
(Population, coloured, 1,000,000.)
The law, based on the British patent law of 1852, is very similar to the English. There are, however, no compulsory licensing or working clauses; and a patent falls with the first-expiring prior foreign patent for the same invention.
Patent including agency :
Six months' grace to pay tax. Cost, £3 extra.
British patents can be extended to this state at any time for the remainder of their duration.
Duration of patent fourteen years, but it is lawful
for the Governor in Council to extend it for a further term of seven years. Patents are only granted to the actual inventor, his assignees, or legal representatives. A model must also be provided if the case admits of one, and specimens and ingredients if the invention be for a composition of matter; but in some cases these are dispensed with on the petition of the inventor.
The invention must not have been introduced into public or common use in the colony prior to the application, and it must be worked in Newfoundland within two years of the date of the patent, or it will be deemed to be forfeited. In cases where the invention has been previously patented in other countries, the duration is limited to that of the first foreign patent. It cannot be validly patented in Newfoundland after the expiration of a foreign patent for the same invention.
Notice of the intended application for a patent must be advertised in the Royal Gazette, and in another newspaper in the colony, for at least four weeks before the formal application, and this notice must include a description in general terms of the invention.
The application is referred to the Attorney-General, who hears any opposition that may be entered, examines the case, and if he judges it to be a good and proper subject for a patent, and the application in order, he certifies the same, and the patent is issued by the Governor in Council. Re-issues are granted as in the United States, but at any date of the duration of the patent, and patents of addition can be obtained.
Penalty for infringing a patent is three times the actual damage sustained by the patentee, and is recoverable by action in any superior court of the island.