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(1) That the invention was not new or not applicable to industrial purposes.
(2) That the proprietor of the patent is not the author of the invention or his representative (but a patentee is considered the author till proved to the contrary).
(3) If the title of the specification be misleading.
(4) If the description (with drawings and model) be not sufficient for a competent member of the trade to which it relates to work the invention.
An Inventor Resident Abroad must appoint an agent in Switzerland to represent him officially (this is usually the correspondent of his local Patent Agent).
In all actions for the annulment of the patent, it is sufficient to notify this agent. Procedure.
A patent is limited to one principal object and its details.
A full specification, with drawing, is required, also a proof that a model of the object invented exists, or that the object itself is already in existence, or a plastic representation setting forth clearly the nature of the said object. This proof is sometimes established by means of a photograph, but of late this rule has been very harshly carried out—if every part of the invention claimed is not exhibited on the photographs taken from an actual specimen, or if there be a difference between the model and the invention described, the patent is refused-strong efforts are now being made to change this.
An actual model can be demanded by the Patent Office before delivering a patent.
All applications are examined by the Patent Office, and if the documents, etc., are not satisfactory, the inventor is informed of the objection, and has the opportunity of amending or abandoning his application; and if the patent be finally refused, the inventor has four weeks to lodge an appeal to the superior administrative authority.
The examiners also report to the patentee anything they may find in their search which appears to touch upon the novelty of the invention. The inventor can then amend his description so as to avoid the objection, or can leave it intact as he pleases. The examiners' report is kept secret, and the officials have no power to refuse the patent on the ground of want of novelty.
Provisional protection is, however, granted on applications without any examination, and at the owner's risk. Marking. All patented articles must be marked
with the Federal cross and the number of the patent. If the article will not admit of this, its package must be so marked.
No action for infringement can be maintained if it be shown that the patentee has neglected this marking.
The penalty for pretending that an article is patented when it is not, is 30 to 500 francs (£1 45. to £20), or imprisonment for from three days to three months, or both. For a second conviction the penalty can be doubled.
A Register of Proprietors of patents and copies of specifications can be inspected at the Patent Office for a moderate fee.
The titles, specifications, patentees' names and domiciles, the payment of taxes on, and the annulments of, patents, are all published, and the particulars can be purchased; but this publication can be delayed at the inventor's request for a period of six months from the application.
About 500 Swiss patents are granted annually. Usual costs : Patent, exclusive of model, £12. Taxes, including agency, £2 ios. the first year;
£2 18s, the second year, and so on, increasing 8s.
(Population, coloured, 600,000.) Who can Patent.--The true and first inventor or his legal representative.
Kinds of Patents.—Provisional for nine months, and complete for fourteen years.
What can be patented.–Any invention not used or known by others in the colony, and not described in print in any country before the application in the colony, and not in public use or on sale anywhere more than two years prior to such application, unless the same be proved to have been abandoned, can be patented. If, however, the invention have been previously patented in any foreign country, but not more than a year prior to the application in the Transvaal, or within such year it has been first exhibited in an international exhibition, then no publication since the date of such prior patenting or such exhibition shall militate against the right of patenting. Each application is examined to see if it be in order and to ascertain whether it conflicts with any pending application, in which latter case it can be refused by the office subject to appeal.
Opposition.—Each application on allowance is advertised, and any one can enter an opposition to an application on any reasonable ground such as that it has been stolen from him, that it is not new, that it does not sufficiently describe the invention, that the invention described in the complete specification differs from that provisionally protected, that the title is fraudulently worded, or that the applicant is not the true inventor, or his legal representative. In all other respects, except fees and taxes, the law is practically a copy of the British.
Usual costs : Provisional Protection, £7. Completing same, £12. Or complete at start, £18. Taxes, including agency before end of 3rd year, £4; before end of 4th year, £4 ios. and so increasing ios. each year.
Registering trade mark, £12.
TRINIDAD AND TOBAGO.
(Population, 300,000.) Fourteen-year patents can be obtained by the inventor or importer, or his assigns, for new inventions.
There are no annual taxes, but in other respects the law of patents, designs, and trade marks, except as regards costs, is substantially the same as that of Great Britain.
Usual costs : Patent, £24.
(Population, 1,500,000.) The law is very similar to the French, except that a patent can be opposed prior to grant.
Usual costs : Patent for fifteen years, £ 17.
(Population, 22,000,000.) (Population, Tributary States, 17,500,000.) Any new industrial product, new means, or new application of known means, for obtaining a new industrial product or result, can be patented, with the exception of medicines and devices for banking or finance. Patents are granted for fifteen years, subject to a tax of two Turkish pounds per annum.
By an arbitrary decree of the Sultan, which may at any time be revoked, electric patents are at present rejected—and so are warlike inventions.
Patents are granted without examination, and at the risk of the applicant, as in France.
In the case of warlike inventions, the Government reserve the right of taking them, and rewarding the inventor ; and if they do not take them up they almost invariably refuse them as mischievous to the state. Gold, silver, and copper medals are granted to the inventors of valuable inventions, and the designs of these medals must be reproduced as trade marks by inventors.
Patents of addition, alteration, or improvement can be obtained during the entire duration of patent, free of annual tax, to expire with and form part of the original patent. Patents of addition granted to one owner or licensee of a patent, belong equally to all other owners or licensees, in the same proportion and extent as the original patent.
Patents must be worked in the realm within two years of grant on pain of forfeiture. The law as regards novelty, introducing specimens