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Average costs: Original Patent
NEW SOUTH WALES.
Any one being the true and first inventor or his assignee, nominee, or, in case of death, his legal representative (within six months of decease), can apply for and obtain a patent.
The law as to what is patentable is the same as the British. An invention can be provisionally protected for nine months, or by a complete specification at start as in England. The procedure is nearly identical, but, in addition to the English grounds for opposition, want of novelty, and that the communicator is not the actual inventor or his legal representative or assignee can also be urged against the patent.
The law as regards amendments, compulsory licenses, exhibiting in authorised exhibitions, rights of the crown, actions for infringements or for revocation, use of patent on foreign ships, rights under the Convention for the Protection of Industrial Property, extension of term of patent and using illegal threats, is substantially the same as the British (colonial officials being substituted for British ones). Any one illegally using the words "Patent," "Patented," etc., is liable to a fine not exceeding one hundred pounds or imprisonment not exceeding six months at the option of the judge. The patent is liable to a tax at the end of the fourth and of the seventh
162 NEW ZEALAND NICARAGUA—NORTH BORNEÔ.
year on pain of forfeiture, but a delay of three months is allowed, in cases of accidental omission, on paying an additional tax. No one can practise as a patent agent without being first registered as such. Average costs: Provisional Protection, nine months.
Tax before end of fourth year
Three months' grace to pay tax in case of accident, £6 10s. extra.
Registration of trade mark, £7.
Patents for inventions not known in the realm are granted for five to ten years. There is an annual tax of from twenty to one hundred pesas at the option of the Patent Office, payable on the 1st of January. Patents must be worked within one year on pain of forfeiture.
Cost from £20 to £25; agency fee for paying annual tax, £I.
The Government is, as a rule, rather uncertain, and the cost of patents or monopolies correspondingly so, but is usually about £75
Cost of protecting trade mark by official advertisement, £15.
Law and costs substantially the same as Straits Settlements.
(Population, white, 500.)
The English law verbally altered to suit the colony has been adopted almost in its entirety, but the Government fees, and also the annual taxes, are very much greater-about double what they are in Great Britain.
Average costs: Patent, provisional. £9 10s.
Kinds and Duration of Patents.-Patents of invention are granted for fifteen years, subject to an annual tax. Patents of improvement are granted for the term of the original patent, expiring with it, and are not subject to annual taxes.
Who can Patent.-The first inventor, or his legal representative, alone can obtain a patent for invention.
The inventor has the sole right for two years of patenting improvements on his invention. Other applicants can, however, file applications for patents for such improvements, but these are kept secret till the two years have expired.
What is Patentable.-All new inventions, useful in industry, and not contrary to law, morality, or public order can be patented, except articles of food, beverages, and medicines. Methods of manufacturing these, and apparatus therefore can, however, be
Novelty. By new is meant not known in the
realm in such manner that persons conversant with the said knowledge and skilled in the trade to which the invention relates could work it. The publication by printing or by ordinary exhibition within six months prior to the application for the patent, however, is not to be considered fatal to novelty.
Norway has joined the Union for the Protection of Industrial Property, so inventions protected by citizens of any State of the Union in their State are protected for twelve months in Norway.
Rights conferred by Patents.-Patents confer substantially the same privileges in Norway that British. and United States patents do in their respective countries, but both public authorities and private firms can obtain compulsory licenses at fair rates, to be decided, if necessary, by arbitration. If, however, the rate be a sum down, that sum must be paid before the license is granted. If it be a royalty, the licensee is required to give sufficient security that he will duly and faithfully pay the instalments as they come due.
Precedure. All applications for patents are decided upon by a scientific patent commission, and an appeal from the examiner's decision can be had to a higher court, and from that again to a special commission appointed by the King.
When a patent application is allowed it is advertised. for inspection, and any one may, during the next following eight weeks, oppose the grant. Patents are issued about eight weeks after the opposition period has expired, and about six months afterwards are published in the Norsk Patentblad.
A non-resident patentee must appoint an agent to represent him, who shall be registered at the Patent Office (this agent is usually the correspondent of the Patent Agent through whom the application is made). If the agent dies or leaves the country, another must
be appointed, or the patent will, after due notice, be declared void.
Working. A patent can be declared void if it be not worked or the patent or patented article offered for sale in the realm within three years of the date of the patent, so that persons requiring the use of the invention could have it by paying, or if working, or offering for sale, be wholly abandoned in the realm for one year. This period can be extended by the authorities on reasonable ground being shown.
Infringements.-The penalty for infringement is -first offence, £3 to £60; second offence, about £300. Also the counterfeit articles are confiscated and all damages compensated. If the defence be invalidity of the patent, the action for an infringement can be stopped till the infringer can bring a suit to have the patent declared void.
Average costs: Patent of Invention, £13; Patent of Addition, about £12.
Annual taxes, including agency, £1 10s. the first year, 1 16s. the second, and so on, increasing 6s. each year. Taxes can, however, be paid within ninety days after date on payment of a fine in addition to the amount of tax. Proving working exclusive of actual cost of manufacture, first year, £3 10s., each subsequent year, I IOS. First appeals against examiner's decisions, £4. Appeals to special commission, £15.
Registering a trade mark, £7.
ORANGE RIVER COLONY.
(Population, white, 144,000.)
This State when independent passed a law extremely similar to that of the Transvaal, of which it is in large part a copy. In this country there is no