a model or samples may be called for. An applicant outside the realm must have a resident representative (his Patent Agent's correspondent is sufficient), who, in all matters of the patent, shall be considered the representative of the patentee. He can be changed by the patentee for some one else, but if he dies, or leaves the country, another must be appointed. There is an examination as to sufficiency of description of the invention, and also as to novelty. If two inventors apply for the same invention, the first applicant has the preference.

Applications on being allowed are advertised, and for two months are open to opposition.

Taxes. Patents of invention are subject to an annual tax before the end of the first, second, third, and fourth years of 25 kroner each; before the end of each of the next five years, of 50 kroner each; and before the end of each of the last five years, of 75 kroner. The payment of this tax can at any time be discontinued, and the patent allowed to go void. If accidentally omitted, it can still be paid, and the patent hold good, provided the amount of the tax, together with one-fifth of the amount by way of fine, be paid within the next ensuing three months after the date when the tax became due.

Assignments to be valid have to be registered, and until such registration the registered owner for the time being is the legal owner. Any second assignment from him, therefore, registered before a previous assignment takes precedence of the latter.

Working. All patents must be worked in a substantial manner in the kingdom, commercially, within three years of their date, and the working once begun must not be intermitted for an entire year, otherwise, on the application to the courts by a third party, the Government can grant a license on such terms as regards compensation to the patentee as

the court may consider just. The patent authorities, under exceptional circumstances, can extend the time.

Rights Conferred.-A patent in Sweden confers substantially similar rights to what a patent in England does. A patent is not valid against any one who, before the date of the patent, either used the invention in the realm, or made extensive preparations—such as by putting down plant-for such use. The Government can confiscate a patent for the public good, or Government use, but must indemnify the owner. In such case, if the owner and the Government cannot agree as to the amount of the indemnity, a special commission assesses the amount.

The Penalty for Infringing a Valid Patent is a fine of not less than 20 crowns (£1 2s. 2 d.), or more than 2000 crowns (111), or imprisonment; and if after the commencement of the action the infringement has been continued, each time a summons has been served-provided the infringement has been continued between the dates of serving-entails a separate fine.

Nullification.-Any one can contest the validity of a patent at law; and if the verdict be against the patentee, the fact is registered in the Patent Office.

If a patent be rejected, £ 5s. of the fees is returned.

Usual costs: Patent, £15.

Annuities, including agency, payable near the end of each year

First four years

each £2 125.

Next five years

Next five years

£5 8s.

Registering a trade mark, £8.

SWITZERLAND.

(Population, 3,300,000.)

Kinds and Duration of Patents.-Patents of invention are granted for fifteen years, subject to an annual progressive tax. Patents of addition to expire with the original patent, and not subject to further tax, except the Government fee on application, are granted to the proprietor or proprietors of a patent. Provisional patents for three years are granted without reference to any model, giving substantially the same rights as provisional protections do in Great Britain– namely, right to publicly work the invention without prejudice to the patent afterwards obtained, and right of obtaining a patent during the three years, to date from the day of application for provisional protection on furnishing a model or proof of existence of a specimen, and fulfilling the necessary formalities to the satisfaction of the examiners. The provisional specification of these patents must, however, fully describe the invention. It is this specification upon which the patent is based.

What can be Patented.-Only new inventions capable of being represented by models are capable of being patented.

There is an Act now before the legislature to extend protection to chemical processes.

Novelty. Nothing will be considered new which at the date of the application is sufficiently publicly known in the realm to be worked by persons in the trade to which it relates.

Where, however, an invention has been previously patented in any country of the Union for the Protection of Industrial Property, and a patent is applied for in Switzerland within twelve months of the earliest application for a foreign patent, no publication or use

between these two dates will invalidate the Swiss patent.

There is a clause also protecting inventions exhibited in International exhibitions for six months from the date of opening such exhibition, provided an application for a patent be made in the Republic within such period.

Rights Conferred.-A patent gives the sole right of making, using for the purposes of manufacture, or dealing in the thing patented without the license of the patentee.

The proprietor of a patent of proved industrial importance that cannot be worked without using another prior patented invention, can oblige the prior patentee to grant him a license on equitable terms, after the first three years of the older patent have expired. If, however, such license be granted, the owner of the older patent can, in his turn, oblige the later patentee to grant him a license for said later patent. The Federal tribunal decides these cases, and settles the amount of royalty and other terms in default of the parties themselves coming to an agreement.

When the public interest requires it, the Federal or any Cantonal Government can expropriate a patent in its territory, indemnifying the patentee in such sum as it thinks fair.

Persons who illicitly make or use, or who sell or circulate the patented articles in contravention of the patent, or who knowingly co-operate or assist in such acts, or refuse to declare how articles made in contravention of the patent have come into their possession, can be prosecuted, both civilly for damages, and also criminally, the penalty in the later case being from 30 to 2000 francs (£1 5s. to £80), or imprisonment of from three days to a year, or both at the discretion of the judge. These penalties can be doubled in

case of a second conviction. Unintentional infringements can only be proceeded against civilly for damages and an injunction.

A civil action can be brought by any person interested, a criminal one only by the party injured. The action must take place within two years of date of the last infringement, and in the canton where the infringement took place. The tribunal can order the confiscation of the infringing articles to the benefit of the injured party, also the destruction of the tools, plant or instruments exclusively designed or destined for such infringement.

Taxes. Patents of invention are subject to an annual progressive tax, on pain of forfeiture. The patentee may pay any number of annuities in advance, and if before the expiration of the term paid for he formally abandons his rights, the taxes paid for the abandoned portion of the term will be returned. Persons resident in Switzerland proving poverty can delay all payment of tax till the end of the third year. A Patent becomes Void

(1) On its formal renunciation by the patentee. (2) If the annual taxes be not paid as they become due.

(3) If the invention be not worked in the realm before the end of the third year.

(4) If the object patented be imported from abroad and at the same time any applications made for a license on equitable conditions be refused by the patentee.

Nullity on the ground of the third or fourth of the above causes can be pronounced by any tribunal competent to try cases of infringement, on the suit of any interested party.

A patent can also be declared void at the suit of any interested party, on any of the following grounds :