Page images
PDF
EPUB

years of their grant, and the working not interrupted for a period of two years, or the Government can annul them.

A patent dates as regards its duration from the date of grant, as regards the rights of the patentee from the date of application, or if obtained under the Convention from the date of the original first application in the countries of the Union for the Protection of Industrial Property.

The Government can at any time appropriate a patent to its own use, wholly or partially, paying such compensation as may be agreed upon or decided by arbitration.

Knowingly infringing a patent is a criminal offence. After a quiet possession of a patent for seven and a half years the validity of that patent cannot be contested.

Monopolies for New Industries are granted at the discretion of the Government to persons proving that they are qualified and have sufficient capital to introduce into the realm and satisfactorily work there an industry hitherto not existing in the realm. They may be granted for any term not exceeding ten years, and if granted for a shorter period can be extended at the option of the Government to ten years. The monopoly is for exclusive manufacture onlyany one can import the monopolised article. A foreigner can only get a grant of monopoly by a sort of naturalisation. The application is advertised and can be opposed. The applicant must give good security to Government that he will duly work his monopoly, and the monopoly will be annulled and security can be forfeited if the industry be not at work within the year to a reasonable extent, or its operations be abandoned for eighteen months consecutively during the term granted.

Average costs: Patent of Invention for one year

£12. For each additional year applied for at the same time, 15s. Extending a patent 15s. for each year of the extended time, plus 225.

[merged small][ocr errors]

Patent of design or model, one class of goods

Each additional class

Extending same five years

[ocr errors]

£10
£5 55.

£4 IOS. £4 55.

Extending a patent to cover the colonies is equal to the cost of the Portuguese patent to be extended. Trade mark for one class of goods £5 IOS. Each additional class applied for at

the same time

[ocr errors]

£I 55. (All registrable goods are divided into 56 classes for designs, into 62 for models, and into 91 for trade marks.)

QUEENSLAND.
See Australia.

SOUTHERN RHODESIA.

(Population, white, 13,000.)
(Population, coloured, 600,000.)

In September 1904 an Act, almost a copy of the English law of 1883, was passed, but the rules re oppositions are greatly improved and costs allowed. to the winning party.

Provisional protection is for nine months and the annual taxes are about half the English. Average costs: Provisional Protection

Completing same

Or Complete at start

Trade mark registration .

£7 £13

£19 £13

ROUMANIA.

(Population, 6,100,000.)

Patents can sometimes be obtained by special Act of Legislature. Cost uncertain.

Average cost of registering a trade mark, £12.

RUSSIA.

(Population, 127,000,000.)

Kind and Duration of Patents.-Patents of invention are granted for fifteen years, subject to annual taxes. Patents of addition for improvements on existing patents are granted, to expire with the principal patents.

Patents for improvements on inventions already patented can, however, be obtained as independent patents of invention, and in such cases last for fifteen years.

Patents for inventions first patented abroad expire with the expiration or nullification of the earliest expiring foreign patent.

Who can Obtain a Patent.-The true and first inventor or his representative, whether Russian or alien, can obtain a patent. During the first year of grant of a patent of invention only the patentee thereof can obtain a patent of addition thereon. After this, others can obtain such patents of addition or improvement, to expire with the original patent: but neither party can use the other's invention without special agreement.

Inventions, however, which are already patented in foreign countries, can still be legally protected in Russia if the applicant for the Russian patent be the actual inventor of the foreign patent or his assign, and the invention be not yet known in

Russia. In such case the Russian patent is limited in its duration by the term for which the corresponding foreign patent of shortest duration was originally granted, copy of which has to be supplied for the purposes of identification.

What can be Validly Patented.—Any new invention capable of industrial exploitation, except : (1) Anything dangerous to the State or public morals.

(2) Anything already patented, or for which a patent has been applied for, in Russia, or which has been worked in the realm.

(3) Anything sufficiently described in the literature of any country as to be reproduced therefrom.

(4) Anything which is publicly known abroad without being patented, or patented in another name than that of the applicant for the Russian patent, unless such other applicant of the original patent be his assignor, assignee, or representative.

(5) Mere unimportant modifications or improvements of well-known inventions.

(6) Chemical products, foods, drinks, medicines, or processes, or apparatus for making medicines. Novelty. (See last article.)

Requirements. Besides the usual drawings and specification, a model is required when in the opinion of the examiners the case requires such for the full understanding of the invention.

Examination.-Inventions are examined as regards novelty by experts and representatives of the various departments of State; against the decision of this committee an appeal can be had to a general meeting of the Technical Committee. Patent applications are often two or three years passing through the office.

Government Use.-Patents for inventions useful to Government only, such as munitions of war, are not granted, and those useful alike to Government and to

private individuals, such as warlike materials that can be used for sporting purposes, are granted with the reservation that the Government shall have free use of them.

Provisional Protection.-An application having been made in due form, the name of the applicant, the date of application, and the title of the invention are published, and a certificate of safeguard (provisional protection) is granted. This enables the inventor to publish and work his invention without danger to the subsequent grant of a patent for the same and to notify infringers that they are exposing themselves, in the event of the patent being granted, to judicial prosecution for all infringements made after the date of the certificate of safeguard. Any time before the patent is granted (and the delay extends usually over a year or two), the grant can be objected to by the examining officials or any other person notifying them that the invention is old or has been wrongfully obtained by the applicant. The objection of the examiners or any notification that the invention is old is submitted to the applicant, who has then three months during which he can furnish a reply, and the general body of the examiners thereupon come to a decision. If, however, the notification be that the invention has been wrongfully or fraudulently obtained, the patent is refused, and the parties are obliged to submit the matter to a Court of Law, who can make such order in reference to the patent as it may consider right.

Conflicting Applications. If two applications be filed for the same invention, the first applicant receives the grant unless the two applications be made the same day or the first be opposed by the second. If the two be of even date, they are invited to come to agreement; and if they do not agree within three months neither application is allowed until the matter has been decided by a Court of Law.

« PreviousContinue »