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No special law exists in this country providing for the protection of inven. tions. It is, however, thought that some measure of protection can be secured by inventors in special cases by the favor of the Negus, who, if he believed an invention would be useful in and beneficial to the country, would be likely to grant a special concession having the force of a patent, securing to the inventor the exclusive right to the invention for a limited time. To apply for such a concession it is necessary to supply the following:

DOCUMENTS REQUIRED. 1. Power of Attorney.-Signed by the applicant.

2. Specification in Duplicate.-In any suitable form. No signatures necessary.

3. Drawings in Duplicate.—On tracing cloth of any suitable size. No signatures necessary.


Provisional Patents.-Although the issue of provisional patents is authorized by the law, and apparently without restriction as to the domicile or citizenship of the applicant therefor, the Patent Office bas of late rejected all applications filed by foreigners, asserting that only natives have a right to such protection.

Taxes.- Article 6 of the law fixes the taxes upon patents at 80 $ f. for a fiveyear patent; 200 $ f. for a ten-year patent, and 350 $ f. for a fifteen-year patent, and provides that one-half of the tax may be paid upon application, the payment of the other one-half being secured by suitable bonds, to be effected by way of annual payments, in accordance with Articles 24 and 25 of the Regulations (Office Rules of Practice). This system of payment was, however, never enforced, and has in practice been abandoned, the payment of the second onehalf of the taxes being required to be made, at the latest, upon the issuance and delivery of the patent deed.

Working.– The law requires that the invention shall be worked within the Argentine Republic within two years after the date of the issue of the patent, and the working must not be interrupted thereafter for two years at a time, except by circumstances beyond the inventor's control, or by accident, duly certified by the Patent Office. When it is impossible to perform a working within a prescribed time, an extension of the time can usually be secured upon present. ing a proper petition therefor to the Commissioner of Patents, who has discre. tionary power in such matters. The actual manufacture of the patented invention in the Argentine Republic is not necessary. It is sufficient to import a number of the patented articles into the Republic, and there expose or offer them for sale, or make use of them there. In case of a patented process, the process must be put into practice in a manufactory or establishment within the Republic. Workings must be proven to the satisfaction of the Commissioner of Patents, and should be duly entered of record in the Patent Office.

When we are instructed to work an invention in this country, correspondents should inform us whether any of the patented articles have been imported into the country or not, or, in case of a process, whether it has been in use there or not. If the patented articles have been imported, and are in the Republic, or a process has been in use there, we should be furnished with the names and addresses of the persons that received, and that have such articles in their possession, or that have used the process, with letters of introduction to them,

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requesting their co-operation in proving the working, in order that we may obtain their depositions as to facts within their knowledge. If none of the patented articles have been imported into the country, or the process has not been used there, we should be supplied with one or more of the articles for forwarding to the Argentine Republic, or in case of a process, with full directions for using it.

Documents.-In applying for a patent after the issue of a prior foreign patent for the same invention, it is necessary to furnish a certified copy of such foreign patent, legalized by an Argentine Consul, and in this connection the following points should be noted: FIRST.—If more than one foreign patent exists, a copy of any one of them will be sufficient, as the Patent Office does not insist upon the copy produced being a copy of the patent issued in the country where the applicant resides. The specifications and drawings of the patent produced must, however, agree exactly with the specifications and drawings of the Argentine application. Second.-In furnishing this copy of the foreign patent care should be exercised to send a certified copy of the title deed, (not merely a certified copy of the specification and drawings), such as an English blue book or a printed copy of a German or United States Patent. THIRD.-All documents in a foreign language presented to any judicial or administrative official or authority must be accompanied by a translation of the same by a sworn Argentine official public translator. The fees of a public translator are very high, and are not included in our usual charges, but subject to extra charge after their amount is known. Patent solicitors and agents may save this expense by supplying a copy of the Spanish or a Spanish-American patent, where this is possible, as in this case no translation will be necessary.


A new patent law, dated January 11, 1897, comes into legal effect on the 1st day of January, 1899.


Who may be Patentee.-Only the originator of an invention or his successors have a claim to the grant of a patent. Until the contrary is proven, the first applicant is considered as the originator. Persons not residing in Austria are only entitled to the grant of patents when they have appointed a representative (attorney) residing in the country. Joint inventors may obtain a joint patent, the relative rights of the parties being subject to the provisions of the Civil Code, the right to permit other parties to use the invention in doubtful cases is reserved to all the patentees jointly, although any one of the joint patentees may prosecute infringers in the courts.

Patents, Kind and Term.-Patents of invention granted for fifteen years, counting from the day of the publication of the invention in the Patent Journal, or, in other words, from the date of provisional protection. Patents of addition granted for the unexpired term of the original patent and expiring therewith, unless the original patent is withdrawn, annulled or renounced, in which case the patent of addition may be expressly maintained as an independent patent, taking the place of the original patent so far as the payment of taxes, etc., is concerned.

Unpatentable.—Patents are not granted for: 1. Inventions, the purposes of which are contrary to the laws or morals or injurious to health or which are obviously designed to deceive the public; 2. Scientific principles or theorems as such; 3. Inventions, the subject matter of which is reserved as a State monopoly; 4. Inventions of: (a) Articles serving for human nourishment, (6) Medicines and disinfectants, (c) Substances produced by chemical processes in so far as the inventions mentioned under (u) and (b) do not relate to a particular technical process for producing such articles.

Novelty, Effect of Prior Patent or Publication.-Patents are granted for all new inventions capable of being used industrially. An invention is not considered new if, prior to the filing of the application for patent: 1. It has already been so described in printed publications that its use by persons skilled in the art is possible; 2. It has already been publicly used or exhibited in such manner that its use by persons skilled in the art is rendered possible; 3. It has already formed the subject-matter of a privilege which has been in force in the countries in which this law (Austrian patent law) is to take effect, and has become public property. The government may declare that patent specifications officially published by foreign States are not to be considered as printed publications within the meaning of the law from the date of their publication, but only after a period, not exceeding six months, after such publication; such declarations will be published in the Patent Journal.

Taxes.-A tax of 10 florins is required to be paid simultaneously with the filing of an application for a patent, whether for an original patent or a patent of addition, and a further tax, the first annuity of 20 florins, at the latest within three months after the day of the publication of the application in the Patent Journal (provisional protection). An annual tax must be paid at the commencement of the second and each succeeding year of the life of the patent, as follows: Second year, 25 florins; third year, 30; fourth year, 40; fifth year. 50; sixth year, 60; seventh year, 80; eighth year, 100; ninth year, 120; tenth year, 140; eleventh year, 180; twelfth year, 220; thirteenth year, 260; fourteenth year, 300; and fifteenth year, 340 tiorins. Three months' grace are allowed for the payment of any tax, but in such case a fine of 5 florins must also be paid. Taxes may be paid in advance for any number of years. Any person interested in the payment may make the payment. If an application is withdrawn before its publication in the Patent Journal, or if the patent is detinitely refused, the first year's tax will be returned, as will annuities paid before becoming due if the patent is resigned, withdrawn or annulled. The Minister of Commerce, in conjunction with the Minister of Finance, may order the diminution or increase of the application fee and the annuities by 50 per cent., after the law has been in operation for three years.

For Patents of Addition (except when the original patent is withdrawn, annulled or renounced, and the patent of addition is maintained as an independent patent), a single tax of 25 forins is payable in addition to the application fee. Assignments.-Patents

may be assigned or mortgaged in whole or in part, and patentees may grant licenses to other persons to use the invention under such limitations and restrictions, either territorially or otherwise, as the owner of the patent may dictate.

Rights derived from an application for patent, or from a patent, descend to the heirs of the holder; they cannot be escheated. Both rights may be transferred to others, wholly or partially, by legal procedure, decision of the courts, or by testamentary provisions. The right to a patent, a mortgage, and other material rights under a patent, are acquired by indorsement in the patent register, and then become operative against third parties. To effect such indorsement it is necessary to furnish: 1. A deed of assignment, mortgage or license, duly executed by the grantor, whose signature must be legalized by an Austrian Consul; 2. A petition in writing by one of the parties interested, usually the grantee, requesting the due registration of the deed. This document also must be legalized by an Austrian Consul; 3. The original patent.

If the rights are assigned before the patent is granted, the patent, if granted, will be issued to the assignee.

A licepse can be transferred by the licensee, without the consent of the owner of the patent, only together with the business for which the license is serviceable. In case of the death of the licensee, the license descends to his successors, provided they carry on the business for which the license was granted.

Working.–A patent may be withdrawn, wholly or in part, if the patentee or his successors neglect to work the invention, or to have it worked in the country to an adequate extent, or to do all that is necessary to secure such working. Such a withdrawal can only take place after the end of three years from the date of the publication in the Patent Journal (provisional protection). This restriction of time, however, does not apply, if the patentee, or his successors, notwithstanding that the invention is worked abroad, and that the public interest requires the working in the country, still continues to meet the demands of the country exclusively, or to the largest extent, by importation, instead of working the invention in the country to an adequate extent.

The law provides that such withdrawal of the patent must be preceded by a threat of withdrawal stating the reasons and prescribing a suitable term within which the invention may be adequately worked. If the invention is not adequately worked within this term, the withdrawal will become operative.

Effect of Patent.—The patentee and his legal successors have the exclusive right to make, sell, offer for sale, or use, the subject-matter of the invention. If the patent be granted for a process, the effect of the patent also extends to the products directly produced by such process. A patent has no effect against a person who, at the time the application for the patent was filed, has already bona fide used the invention in Austria, or has made the necessary preparations for such use. Such prior user has the right to use the invention for the requirements of his business in his own establishments or in those of other persons This right can only be sold, assigned or inherited in connection with the business of the prior user. The prior user may request the patentee to make written acknowledgment of his right, and in case such request is refused the Patent Office, in a proceeding instituted for this purpose, will decide the claim. Upon request, such an acknowledged right will be entered against the patent in the Patent Register.

The effect of a patent does not extend to such vehicles or vessels, or arrangements in vehicles or vessels, as only come into the country transitorily on account of their use in trade.

Use of Inventions by Government.-By agreement with the Minister of Commerce, the War authorities have the right to the use of inventions relating to arms for war purposes, explosives, ammunition, fortifications, or ships of war necessary for increasing the belligerent power, or to have them used by their agents or contractors, and no rights derived from a patent can be enforced against them. If the authorities and the patentee cannot agree as to a reasonable compensation for such use, this question will be decided by the Minister of Finance, in conjunction with the Minister of Commerce and the War authorities.

Expropriation of Inventions.—If the interest of the armed forces, the public welfare, or any other important interest of the State requires it, an invention may be expropriated, or used in whole or in part by the War authorities or the Government, or be left open to public use. In such case suitable compensation is given to the inventor and to persons who were entitled to use the invention, in case they lose their rights by such expropriation or use.

Compulsory Licenses.-If a patentee finds that he cannot work his invention without using a previously patented invention, he may ask for a license to use the same, provided that three years have elapsed since the publication of the prior patent in the Patent Journal, and that the later invention is of considerable industrial importance. If the license is granted, the owner of the prior patent may in turn ask for a license to use the later invention.

If the public interest seems to require that others be allowed to use au


invention, any person may ask the patentee for permission to use the invention in his establishment.

If, in such cases, the patentee refuses to grant a license, the Patent Office decides upon the request made, and, in case it grants a license, determines the compensation to be given, the security, and other conditions of use.

The Patent Office. - The Patent Office is under the supervision of the Minister of Commerce, and has its seat in Vienna. There are three departments: 1. The Application Departments; 2. Appeal Departments; 3. Annulment Department. The members consist of a President, his substitutes, and the requisite number of jurisprudents and technical members, part of which are permanent and part non-permanent, elected for five years. The Application Departments decide questions with a quorum of three permanent members (the President included), of which two must be technical members. The final decisions of the Appeal Departments and the Annulment Department are taken with a quorum of two jurisprudent and three technical members, the President included. For intermediate decisions in these two departments, the presence of three members, two of which are technical members, is sufficient. Decisions are by majority; in case of ties the President has the deciding vote. As a Court of Appeal to hear appeals from the decisions of the Annulment Department a Patent Court is formed of a President or President of Senate of the Supreme Court of Justice and Cassation as President and Chairman, a Counsellor of the Ministry of Commerce, two Court Counsellors of the Supreme Court of Justice and Cassation, and three technical members as Counsellors.

The Application,- Procedure.-Upon the filing of an application it is taken up for examination by a member of the Applications Department. If the application is not in accordance with the prescribed requirements, the applicant is asked to correct formal defects within a stated term. The applicant may amend his specification at pleasure until the decision of the Patent Office to publish the application. If such alterations affect the essence of the invention, the Patent Office can decide that the application is to be considered as having been made on the date when the alterations were made, otherwise it continues to bear its original filing date. The applicant obtains the right of priority for his invention from the date upon which he filed his application.

If in the examination it be found that there is evidently no patentable invention in accordance with 1, 2 and 3 of the law, the applicant is notified, with a statement of the reasons, and with a request to reply thereto within a stated period. One, amd but one, extension of time may be had for replying to objections raised by the Patent Office. After a reply given in due time, or after the lapse of the stated time without reply, the Applications Department decides upon the application. If the prescribed requirements are not fulfilled by the original or amended application, or if it be found that obviously there is no patentable invention within the meaning of 1, 2 and 3 of the law, the application is rejected. If the rejection is for a reason which has not already been communicated to the inventor, the applicant is given an opportunity of replying to such rejection within a stated time.

An appeal can be entered against the decisions of the Applications Department, by lodging same at the Patent Office within thirty days from the delivery of the decision appealed from. None of the members of the Patent Office can take part in the decision on an appeal, that acted in giving the decision appealed from.

No appeal can be taken from decisions of the Appeals Department.

If the Patent Office finds the application is properly made, and that there is no reason why a patent should not be granted, it orders the publication of the application in the Patent Journal. On the date of the issue of the Patent Journal, the legal rights of the patent come provisionally in force in favor of the applicant (provisional protection), and the application, with all its annexes, is laid open at the Patent Office, for public inspection, for a term of two months, during which time opposition may be entered by any interested party. The

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