disinfectants, (c) Substances produced by chemical processes in so far as the inventions mentioned under (a) 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 florins. 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 If an application is withdrawn before its publication in the Patent Journal, or if the patent is definitely refused, the first year's tax will be returned, as will annuities paid before becoming due if the patent is resigned, withdrawn or annulled.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 florins 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 legal

ized 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 license 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 8 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, and 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

specification enjoys the protection afforded by the laws upon author's copyrights until the grant of the patent, and if such grant does not take place, until the lapse of five years from the date the application is laid open for public inspection. Upon the request of the applicant, the publication and laying open of the application for public inspection may be postponed for a term of at least three and not to exceed six months, counting from the date of the decision of publication.

Within two months from the date of publication, (provisional protection), opposition can be entered against the grant of a patent.

The opposition must be in writing, and can be based upon one or more of the following grounds only: 1. That the subject-matter is not patentable; 2. That the invention coincides essentially with an invention which has been previously patented or privileged, or for which a prior application has been made in the country; 3. That the applicant is not the originator of the invention, or his successor, or is not to be considered as such; 4. That the essential contents of the application opposed are taken from the descriptions, drawings, models, implements or arrangements of, or from a process used by, another person without his consent.

In the case mentioned under 3, only the originator or his successor, and in the case mentioned under 4, only the party injured, is entitled to enter opposition.

A copy of the opposition is delivered to the applicant to enable him to reply thereto in writing within thirty days, which term may be extended for sufficient reasons. At the end of such term the Applications Department hears the parties, witnesses and experts, and decides upon the grant of the patent and the sharing of the costs of the opposition. Either party may appeal from the decision within thirty days from the delivery of the decision, a copy of the appeal being delivered to the other party so that he may make a rejoinder within a term of fourteen days, which term may be extended for sufficient reasons. New facts may be produced in appeal proceedings.

Issue of Patent.-If the patent is finally granted, the invention is registered in the Patent Register, the grant is published in the Patent Journal, the patent is delivered to the patentee as soon as may be, and the Patent Office orders the printing and publication of the specification.

Printed Copies of Patents.-Under the new law provision is made for the printing of the specifications and drawings of all patents granted, in so far as the patents are open for public inspection. It is expected that these copies will be offered for sale at moderate cost.

Joinder of Inventions. Uniting two or more inventions in a single application is only permitted when such inventions relate to one and the same subjectmatter as constituent parts or operative expedients.

Withdrawal, Amendment, or Abrogation of Patents.-Patents may be withdrawn in whole or in part if the invention is not worked to an adequate extent; may be annulled in whole or in part if the subject-matter was not patentable or the invention forms the subject-matter of a prior patent; or abrogated in whole or in part if the patentee is not the originator of the invention or his successor, or is not to be considered as such, or the essential part of the subject-matter of the application has been taken from the descriptions, drawings, models, implements or arrangements of, or from the processes used by, another person without his consent.

Proceedings for the nullification of patents are begun only upon the request of interested parties and are heard by the Annulments Department. Appeals may be taken from the decisions of the Annulments Department to the Patent Court, by entering same in writing at the Patent Office within thirty days after the delivery of the decision appealed from.

Infringements. -A person commits an infringement who, without the consent of the patentee, makes, sells, offers for sale or uses the subject-matter of a

protected invention on a practical scale, or, who, being at the time the application for the patent was filed a prior user, uses the invention otherwise than for the requirements of his own business, in his own establishment or in those of other persons. The party injured may lodge a complaint against each infringer for recognition of his patent right, for preventing further acts of infringement. for the forfeiture of the articles produced by such infringement, for transformation of the means for committing the infringement, and for indemnity or delivery of the profits earned by the infringement. The indemnity comprises not only compensation for damages proper and amends for loss of profits, but also a suitable sum of money, in the discretion of the Court, for injuries suffered and other personal disadvantages. If the infringement has been committed consciously, it may be punished by a fine of from 500 to 2,000 florins, or by imprisonment for from three months to one year, to which a fine of not to exceed 2,000 florins may be added. Criminal prosecution may be instituted upon request of the party injured, and finally the provisions of the General Penal Code, and particularly those relating to fraud, may be applied.

Old Patents and Pending Applications. -For patents already granted or applied for, the provisions of the laws of August 15, 1852, and December 27, 1893, remain in force. Applications for patents filed under the law of August 15, 1852, and upon which patents have not been granted at the time this new law comes into force may, upon the request of the applicant, be proceeded with under the provisions of the new law. In such case the original date of filing is allowed as the date of the priority of the invention, and the novelty of the invention is to be judged in accordance with this original date. The owner of a patent granted under the old law may request the transformation of his patent into a patent under the new law. In this case the invention is subject to the examination and opposition provided for by the new law, the date of priority being that of the original filing of the application. The transformed patent will be issued for the remainder of the unexpired term of the original patent. The amount of the annuities and the date they fall due are reckoned from the date of the grant of the original patent.

DOCUMENTS REQUIRED.

1. Power of Attorney.-Signed by the applicant. No legalization required.

2. Specification.-Written or printed on any suitable paper. No signatures required.

3. Drawings in Duplicate.-One copy on stiff, smooth drawing paper (bristol board), the other copy on tracing cloth. The size of each sheet of the drawings must be either 33 or 34 centimeters (13 or 13 inches) in height, by 21, 42 or 63 centimeters (84, 16, or 24 inches) in width. A single marginal line must be drawn all around the sheet 2 centimeters (1 inch) from the edge thereof. A clear space of 3 centimeters (1 inches) must be left at the top of the sheet below the marginal line. The bristol board drawing must be executed in deep black lines: the drawing on tracing cloth may be executed in colors if desired."

4. If the Invention relates to Dyes, or process for producing aniline colors or pigments, dyed specimens on wool, silk or cotton are required. These specimens should be affixed to sheets of bristol board of a size of 33 or 34 centimeters (13 or 13 inches) in height, by 21 centimeters (84 inches in width). For each color or pigment, specimens should be filed in three shades, and a full description of the dyeing process should be filed, clearly stating all the particulars, such as the concentration of the bath, the mordanting agents, temperatures, etc., and whether after the dyeing the bath still contains any remainders of color or is free from same.