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LAW AND PRACTICE.
Who may be Patentee.-The actual and true inventor, his assigns or his legal representatives. Joint inventors may obtain a joint patent. The patent may be issued to the inventor alone, or to the inventor and his assiguees, or to his assignees alone, but the inventor must sign the papers in all cases, if he be alive. If the inventor be dead his assignee or legal representative may sign, stating in the oath that he believes that the inventor was the true and first inventor.
Patents. Kind and Term.-Patents of Invention, which are granted for eighteen years, subject to the payment of prescribed fees and proper working of the invention. In case of prior foreign patents, the patent will expire with the first expiring foreign patent. Extensions can only be obtained by special legislative act. Caveais may be filed by any intending applicant for a patent who has not yet perfected his invention, and the same wlll remain in force for one year. There is no provision for the renewal of Caveats.
Unpatentable.- Inventions which have an illicit object in view, or any mere scien. tific principle or abstract theorem.
Novelty, Effect of Prior Patent or Publication.–To obtain a valid patent the application should be filed before the invention has been in public use or on sale in Canada, with the consent or allowance of the inventor thereof, for more than one year, and in case a foreign patent exists for the same invention, before the expiration of twelve months from the date of such foreign patent. Section 16 of the law empowers the Commissioner of Patents to object to the grant of a patent for an invention which has been described in a book or other printed publication before the date of the application, or that is otherwise in possession of the public.
Taxes.-If the taxes for the full term of eighteen years are not paid before the issue of the patent, a tax of $20 is payable during and before the expiration of the sixth year of the life of the patent, and a further tax of $20 before the expiration of the twelfth year. No prolongation of time for making these payments can be obtained.
Assignments.—These should be in the English language and in duplicate. No special form of document is prescribed.
Working:-The patent will he void at the end two of years, unless within that period the working of the invention shall have been commenced, and, after such commencement the construction or manufacture of the invention must be continuously carried on in Canada, in such manner that any person desiring to use it may obtain it, or cause it to be made for him, at a reasonable price, at some manufactory or establishment for making or constructing it in Canada. This term of two years may usually be extended for from six months to one year upon application, which must be made not more than three months before the expiration of the two year period. It is the present practice of the Commissioner to grant these extensions from year to year upon seasonable application.
It is considered by good authorities in Canada, that the actual and continuous manufacture of the patented invention is not necessary to constitute a legal working, and it is now the practice to work the patent by concluding arrangements with some agent or manufacturer to be prepared to make the patented articles, and then to advertise that they can be obtained on application to the said agent or manufacturer.
Special. MARKING PATENTED ARTICLES.-Patented articles must be marked or stamped with the word “Patented,” together with the year of the date of the patent; as, for instance, “ Patented 1887,” or as the case may be.
IMPORTATION OF PATENTED ARTICLES. -If the patentee or his assigns, or his or their representatives, after the expiration of twelve months froin the grant of the patent (or any authorized extension of this time), imports the invention or causes the same to be imported into Canada, the patent will become void as to the interest of the person or persons so importing or causing the invention to be imported. The term for importing may usually be extended for a further period, by making proper application.
AMENDMENT OF SPECIFICATION.–The specification may be amended at any time by way of disclaimer. Patents may be re-issued and amended wherever they are deemed to be inoperative or defective, when it appears that the error arose from inadvertence, accident or mistake, without any fraudulent or deceptive intention.
MODELS OR SPECIMENS--Are no longer required in ordinary cases.
The papers should be written or printed on legal cap, on one side only.
1. Petition.-Signed by the applicant.
2. Power of Attorney.-Signed by the applicant and one or two witnesses.
8. Duplicate Specifications. Both copies must be signed by the applicant and two witnesses.
4. Drawings in duplicate.-On tracing cloth. The sheets must measure exactly eight inches wide by thirteen inches high. As many sheets may be used as are neces. sary. Beside the drawings on tracing cloth it is necessary to furnish an additional view or views upon a sheet of good white bristol board of exactly the same size as the tracings. This last drawing is used by the Canadian Office to photo-lithograph from, and it is not necessary that it should include all the figures of the drawings; a single figure will be sufficient, provided it shows the entire invention clearly and fully. No reference letters are required upon the bristol board drawing. The drawings need not be signed by the applicant.
5. Oath.-Sworn, or affirmed to, and signed by the applicant. The oath may be made before any Justice of the Peace in Canada ; but if the applicant is not at the time in Canada, the oath may be made before any Minister Plenipotentiary, Charoe il 1ffairs, Consul, Vice-Consul or Consular Agent, holding commission under the government of the United Kingdom of Great Britain, or any judge of a court of record, or a Notary Public, or the Mayor or other chief magistrate of any city, borough or town corporate in the country in which the applicant happens at the time to be. The oath must in all cases be attested by the proper official seal of the officer before whom the oath is taken.
(CAPE OF GOOD HOPE.)
LAW AND PRACTICE,
Who may be Patentee.—The true and first inventor, which is interpreted to include the true and first importer of the invention within the Colony.
Patents, Kind and Term.- Patents of Invention (or Importation) granted for fourteen years, but will expire with any first expiring prior foreign patent. The patent can sometimes be extended for an additional term of seven and perhaps fourteen years. The patent is dated as of the day upon which the application is filed.
Unpatentable.—The law is silent on this point.
Novelty, Effect of Prior Patent or Publication.-To obtain a valid patent the application therefor must be filed before any publication or public use of the invention within the Colony. Publication, or the fact that an invention has been patented, in a foreign country, does not prevent the obtaining of a perfectly valid patent so long as the invention is new within the Colony, at the time the application is filed.
Taxes.-A tax of £10 is payable before the end of the third year of the life of the patent, counting from the date of the application, and a further tax of £20, before the expiration of the seventh year. There are no provisions for extending the time for making payment.
Assignments.—Should be prepared in duplicate. Any suitable form may be used.
DOCUMENTS REQUIRED. 1. Specification in duplicate.—May be signed by the applicant or his attorney. slay be written on legal cap.
2. Drawings in duplicate.-On drawing board or tracing cloth, any convenient size. No signatures necessary.
3. Power of Attorney.-Signed by applicant and two witnesses.
LAW AND PRACTICE. Who May Be Patentee.-Patents are granted to the true and first inventor, his executors, administrators, or assigns. A mere importer cannot obtain a valid patent. One or more other persons may join the actual inventor in making the application, and the patent will issue to all jointly.
Patents, Kind and Term.- Patents of Invention are issued for fourteen years, counting from the date of the filing of the petition. Patents may, in exceptional cases, be extended for a further term of seven or fourteen years. The patent will expire with any prior dated foreign patent.
Unpatentable.- A person is not entitled to a patent in the following cases: 1. If the invention is of no utility; 2. If the invention, at the time of the filing of the petition, was not a new invention ; 3. If the petitioner, or some one or more of the petitioners is or are not the true inventor or inventors thereof; 4. If the original or any amended specification does not fulfill the requirements of the Ordinance; 5. If any petition or specification contains a willful or fraudulent misstatement; 6. If the petition is made after the expiration of one year from the date of the acquisition of an exclusive privilege in respect of the invention in any place beyond the limits of the Colony and the United Kingdom of Great Britain.
Novelty, Effect of Prior Patent or Publication. A valid patent may be obtained at any time so long as the invention has not been publicly used, or made publicly known by means of a written publication, in any part of Ceylon or the United Kingdom of Great Britain, before the filing of the petition. Public use or knowledge of an invention in fraud of an inventor will not bar the issue of a valid patent, provided that the inventor has not acquiesced in such pub ic use or knowledge, and that be tiles his petition within six months of such use or knowledge. The use of an invention in public by the inventor, or by any other person by his license in writing, for a period not exceeding one year preceiling the filing of his petition, is not a bar to the issue of a perfectly valid patent. A valid patent may also be obtained at any time within twelve months from the sealing of a British patent for the same invention, provided the invention was not known or used in Ceylon at or before the date of the application for the British patent, even though it may have been publicly used or known in Ceylon or some part of Great Britain before the filing of the petition in Ceylon.
Taxes.-A tax of 50 rupees is payable at or before the expiration of each of the fourth, fifth, sixth, seventh and eighth years of the life of the patent, and a tax of 100 rupees at or before the expiration of each of the nintb, tenth, eleventh, twelfth and thirteeuth years. Should a patentee fail to pay any tax within the prescribed time, an ex
tension of time for making such payment, not, howerer, to exceed three months, may be obtained upon payment of the following fee : if such extension does not exceed one month, 10 rupees; two months, 25 rupees ; three months, 50 rupees.
Assignments.—There should be prepared in duplicate, and may be in any suitable form.
Working.--These are no requirements, but the Governor in Executive Council mar require a patentee 10 grant licenses, if the invention is not being worked in Ceylon, or the reasonable requirements of the public with respect to the invention cannot be supplied, or if any person is prevented from working or using to the best advaniage an invention of which he is possessed.
DOCUMENTS REQUIRED. 1. Petition.-Signed by the applicant. 2. Appointment of Agent.-Signed by the applicant and two witnesses.
3. Specification in Duplicate.-Signed by the applicant. They must be written upon one side only of strong, wide-ruler paper of a size of 13 inches in heighi by 8 inches wide, leaving a margin of 2 inches on the left hand side.
4. Drawings in Duplicate. --These must be made upon pure white, smooth drawing paper, or bristol board, the sheets of which must measure 13 inches in height by 8 inches wide. A margin line should be drawn all round one-half an inch from the edge.
The British Patent no longer covers the Channel Islands. When the last English Act was passed, copies were sent to the Legislative Assembly so that that body might frame a measure upon the same lines, applicable to the islands. Two such Acis were drawn up; the first was not approved by the English Board of Trade andwas returned to be improved. The second was passed, but at the date of our last advices it had not yet received the Royal sanction.
It is, however, possible to obtain protection in the Island of Jersey for inventions already patented in Great Britain, by the registration of a certified copy of such paient upon the Rolis of the Royal Court. We understand that similar protection may be obtained ii the island of Guernsey, in the same manner. Further particulars will be given on application.
LAW AND PRACTICE.
Who may be Patentee.- The author or inventor of any art, manufacture, machine or instrument, preparation of materials or any improvement thereof.
Patents, Kind and Term-Patents of Invention. The law of September 9, 1840. fixed the maximum term of a patent at ten years, but a law of January 20, 1883, gave power to the President of the Republic to extend the term of a patent' to as much as twenty years. The term of a patent is fixed by the government in cach case. The practice at present is to allow inventors the maximum term in almost all cases.
Unpatentable.—The law is silent upon this point.
Novelty, Effect of Prior Patent or Publication. To ovtain a valid patent, the in. vention must be unknown in Chili at the time the application is filed. Prior publica. tion or patents in foreign countries will not prevent the obtaining of a perfectly valid patent in Chili, provided the invention is new there at the time the application is filed. Whenever an application is filed for an invention that is known and practiced in a for. eign country, the particulars as to the application are published in the Official Gazette ; and interested parties can, within thirty days from the date of such publication, oppose the grant of a patent upon showing that the invention or industry has been put into practice in Chili, or that steps have been taken and expense incurred for the introduction of the same, prior to the date of the filing of the application.
Taxes.—There are none after the issue of the patent.
Assignments.—The documents should be in the Spanish language and be executed in duplicate, and legalized by a Chilian Consul. In case the patent has not been taken out through our agency, a Power of Attorney, also legalized by a Chilian Consul, should be furnished.
Working.–A term is fixed in each patent for the establishment of the machinery, plant, or manufacture of the patented article in Chili, on the conclusion of which the term of the patent will commence to run. If, at the expiration of this term of establishment the invention has not “ come into work” the patent lapses, as it will also do if the working is abandoned for more than one year at a time, or if the products are adulterated, becoming inferior to the samples, specimens or models exhibited. It will be seen therefore that a full and actual manufacture of the patented article in Chili is called for.
DOCUMENTS REQUIRED. 1. Power of Attorney.-Signed by the inventor before a Notary Public, and legalized by a Chilian Consul.
2. Specification.-Any suitable form, no signatures necessary.
3. Drawings in Duplicate.-On drawing board or tracing cloth, of any con venient size, leaving ample margin at the sides. No signature necessary.
NOTE.--The Chilian law requires an oath, but as the Attorney is allowed to sign same, it is pot necessary to send it.
CHINA (EMPIRE OF).
There are no existing National laws in China for the protection of inventions, and the only methods by which foreigners can obtain protection, are as follows :
1. By securing a special grant from the National authorities, conferring on the grantee a monopoly of the manufacture and sale of the invention. This method is an expensive one, involving a cost of from $1,000 to $5,000, or more, without any certainty of obtaining the grant.
2. By registering copies of the specification and drawings of the invention in the Chinese Foreign Office and at a foreign Consulate, and liy due publication of the inventiou and the inventor's rights of ownership in the principal Chinese official newspapers.
The last method is not so expensive, and would seem to afford fully as much protection as the former.
The Chinese Government bas very recently taken measures to prevent the infringing of inventions. The Tsungli Yamen (Foreign Office) has instructed the proper authorities to inquire into charges of infringement and to arrest and punish guilty parties.
DOCUMENTS REQUIRED. A power ofattorney in the English language, and duplicate copies of specificatious and drawings. Almost any form of documents may be used.