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Unpatentable. A patent cannot be granted for an invention: 1st, the working of which is contrary to a law, or an ordinance, or to public morals; 2d, which relates to arms for war purposes, explosives, ammunition, fortifications or ships of war, necessary for increasing the belligerent power of the Austro-Hungarian army, the navy or the Hungarian militia-provided, the Minister of Commerce enters an opposition against the grant of such patent within the term named in the law; 3d, for scientific theorems or principles as such; 4th, for articles serving for human nourishment, for medicines, and articles produced by chemical processes the process employed in making such articles can be patented, however; 5th, nor for an invention, the essence of which has been taken from the description, drawings, models, devices or apparatus, constructions, or from the process employed by another person, without the permission of the inventor, or his successor, if he enters an opposition to the grant of such patent. If in consequence of such opposition the application is withdrawn or rejected, the opponent can, if he files an application within thirty days from the receipt of the information of such fact, claim that the priority of his own application is to be reckoned from the date of the former application.

Novelty, Effect of Prior Patent or Publication.-Any new invention capable of being utilized industrially can be patented. An invention is not regarded as new, if, at the time of the application for patent: 1st, it has been made so known by published, printed publications, or other reproductions, that it can be used by persons skilled in the art; 2d, if it has been made so known by public working or by exhibition that its employment by persons skilled in the art has been made possible; 3d, if it has formed the subject matter of a prior patent. An invention is regarded as new notwithstanding publication or working, if, since its last publication or working, up to the date of the application for patent for it, a term of one hundred years has elapsed; whether an official publication published in a foreign State deprives an invention of novelty is determined by the treaties in force between Hungary and the foreign State in question. A patent has no effect against a person who, before the date the application for the patent was filed, has used the invention within the Hungarian territories, or who has made preparations involving its use; such person may use the invention for the purposes of his business, in his own or other establishments, but cannot assign this right except in connection with his own business.

Taxes. A tax of twenty kronen must be paid on application for any patent or patent of addition. Besides this tax the following yearly annuities must be paid: For the first year 40 kronen; second year, 50; third year, 60; fourth year, 70; fifth year, 80; sixth year, 100; seventh year, 120; eighth year, 140; ninth year, 160; tenth year, 200; eleventh year, 250; twelfth year, 300; thirteenth year, 350; fourteenth year, 400, and fifteenth year, 500 kronen. All taxes are payable yearly, counting from the date upon which the application for the patent was filed. Thirty days' grace, without fine, and an additional thirty days with payment of a fine of 20 kronen, are allowed for the payment of any tax. A patentee may pay the annuities for any number of years, from 1 to 15, as he may desire. If a principal patent is surrendered, or is annulled or forfeited, the patent of addition, if any, becomes an original and independent patent, and is considered as taking the place of the original and principal patent, in so far as the payment of annuities is concerned, i. e., the amount of the tax, and the time for making the payment will be the same as if it were the original and principal patent.

Assignments. The owner of a patent has the right to assign his patent as a whole, or in part, to living persons, and to permit others to work or to use his patent, with or without restrictions. The transfer of the right of property in a patent is only valid with respect to third parties when the assignment has been registered in the Patent Register in the Patent Office, but such transfer, although not registered, is legally valid against a person who, at the time when he acquired a right in the patent, was aware of the fact of a previous assignment. The validity of registered licenses for working or using are not affected by assignments of the patent. The right of working or using a patent, and the obligations connected therewith, descend to the heirs. An assignee or licensee can assign his rights among living persons only, if, according to the agreement made with the patentee, this is explicitly permitted. If the patent be granted or assigned to two or more persons, they are regarded as joint owners, with equal shares, unless a different agreement be made. Each joint owner can freely use the patent and dispose of his share.

The documents required for effecting the registration of an assignment are: 1st, a deed of assignment, signed by the assignor, and legalized by an Austrian Consul;

ad, a power of attorney, signed by the assignee, and legalized by an Austrian Conal; 3d, the patent deed; this will be returned as soon as the registration is effected.

Workings. A patent can be revoked in whole, or in part, if the owner of a patent has neglected to work his invention within Hungarian territories, in substance and to an adequate extent, or if he has unjustifiably interrupted such working or use by suspending, or if he has not at least done, according to his own and the country's circumstances and conditions, all that is necessary for securing and continuing such working. Such revocation cannot, as a rule, take place before three years after the publication of the grant of the patent.

Such revocation can, exceptionally, take place at an earlier time, if the owner of the patent does not meet the demands of the country, or does not permit it to be done by granting licenses, and does not fulfill this obligation within a term fixed by the Patent Office, after due consideration of the circumstances, and notwithstanding that the invention is worked abroad, if the working in Hungary is desirable, having regard to the public interest.

A patent may be revoked in whole, or in part, if, after three years from the publication of the grant of the patent, the owner of the patent does not work his patent to an extent adequate to the demand of the country, and refuses to grant unto other trustworthy manufacturers, in the country, the necessary licenses, for a suitable compensation, and on good security, such compensation being determined by the Patent Office.

Before such revocation can take place the owner of the patent must be notified, a suitable time being allowed for him to comply with the requirements.

SPECIAL INFORMATION.

The Patent Office. The Patent Office is under the supervision of the Minister of Commerce. The patent authorities are: 1. The Patent Office, having two departments, the Application Department, and the Judicial Department, the officers of which are a president, a vice-president, permanent judicial and technical members, and non-permanent judicial and technical members, appointed for a term of five years. 2. The Patent Senate, consisting of the president, of assessors chosen from amongst the members of the Supreme Courts of Justice, these serving during the entire time of their magistrature; also assessors chosen from amongst the Professors of the Royal Hungarian Polytechnical University, who serve for a term of five years; together with the necessary number of assistant officials. The Application Department decides questions in meetings of three members, two of which are technical and one a judicial member. The Judicial Department decides questions in meetings of five members, the president presiding, two members being members of the Patent Office, qualified for a judgeship, and the remaining two being technical members of the Patent Office. Members who took part in a decision appealed against, cannot take part in the session of the Judicial Department in which the appeal is considered. Decisions are by majority. The Patent Senate gives its decisions in meetings of seven members, presided over by the president, or his substitute, four members being judicial, and two of them technical assessors.

The Application, Procedure. Upon the filing of the application it receives its serial number and is entered upon the register. A member of the Application Department examines it and causes the applicant to be requested to make any formal amendments that may be necessary. If the applicant does not answer to or comply with such request within the term allowed, or within an extension of such term, allowed on the request of the applicant, the application is considered as withdrawn. But if he removes the defects objected to, or if he maintains his application, the latter is decided upon by the Application Department at one of its meetings.

If the Application Department finds that the defects are not removed, or that the invention is not patentable in the meaning of 1 and 2 of the law, it rejects the application. The novelty of the invention is not officially made the subject of examination or decision.

A rejection of the application can be appealed against before the Judicial Department within fifteen days from the receipt of the rejecting decision.

If the Application Department, or, in case of appeal, the Judicial Department, considers the application to be in due order, and finds that a patent may be granted for the invention, it orders that the application be published in the Official Gazette of the Patent Office, and the term within which opposition may be filed, then commences.

ADDENDA No. 12.

On the request of the applicant the publication can be postponed for a time day of publication, the specification, and the annexed drawings, samples and models, are open for public inspection, the invention being meanwhile provisionally pronot longer than six months; a delay of three months cannot be refused. From the tected against unauthorized use. Opposition can be entered by any interested party against the grant of the patent within two months from the day of publication, but only on the following grounds: 1. That the invention is not a patentable one (within the meaning of 11 and leading (not fulfilling the requirements of paragraphs 1 and 2 of 32); and 3.—That| 2 of the law). 2.-That the specification or claims are insufficient, ambiguous or misthe invention does not lawfully belong to the applicant. A copy of the opposition is handed to the applicant to enable him to reply thereto Department hears the parties, witnesses and experts, and decides within the term fixed by the Patent Office. restriction, or the rejection of the patent, and the sharing of the costs of the oppo dicial Department by either party, at any time within 30 days from the receipt of The decision of the Application Department may be appealed against to the JuThe decision of the Judicial Department is final. If the decision is in favor of the applicant the Patent Office issues Letters Patent to him. In case of unopposed applications, Letters Patent are issued to the applicant as soon as possible after the term for opposition has expired.

sition.

the decision.

At the end of such term the Application upon the grant, the

prised in one patent, unless they relate to one and the same object, forming its conAs to Joinder.-Two or more inventions, differing from one another, cannot be com The effect of a patent granted for a process, exproduced by such process. stituent parts, or operative means. The Minister of Commerce may, by ordinance, claim a tends also to the products Confiscation by State.

patent, in whole or in part, and for any length of time, for the use of the army, the militia, the navy, or for purposes of State's monopoly. In such case suitable com

the inventor, which, if no agreement can be made, is depensation will be made to termined by the Courts of Law.

1.

Power

garian Consul.

2.

DOCUMENTS REQUIRED.

of Attorney, signed by the applicant, and legalized by an Austro-Hun

signature

Specification, on any, paper, no
drawn in accordance with the German practice.
plicity of claims should be avoided.

3.

cloth.

required. The claims should be Combination claims and a multi

The sheets must measure exactly 33 centimeters (13 inches) in height, by Drawings in Duplicate, one copy on Bristol board, and one copy on tracing 21, 42 or 63 centimeters (8, 161, or 24 inches) in width. A single marginal line must be drawn all around, 2 centimeters (13-16 inch) from the edge of the sheets, and

space

at the top a clear
figures of the drawing

tro-Hungarian Consul.

of

3 centimeters (1 3-16 inches) must be left between the and the margin line. No signatures required.

If the applicant be an assignee, a document proving his right to make the application in his own name, must be furnished. This must be legalized by an Aus5. If the invention relates to the manufacture of chemical products, (explosives excepted) samples of the final products, and of the new intermediate products, must be Supplied, in bottles of matters, samples in duplicate of dyed stuff, showing the different stages of furnished.

Coloring

the bog

process must be rd, measuring 3:3

30 mm, in diameter and 80 mm, in height. In case of dyes or The samples are to be fixed upon sheets of Bristol centimeters in height by 21 centimeters in width. Yours very truly,

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Third Edition of our Generai information relating to Patents and rau,

ADDENDA No. 13.

JAPAN-PATENTS.

We desire to inform you that citizens of the United States, and citizens or subjects of such other countries as have treaties with Japan containing the "most favored nation" clause, may now obtain Patents of Invention and the registration of Trade Marks and Designs in Japan.

Under the treaty recently concluded between Japan and Germany, and which is now in force, provision is made, in Article XVII, for the granting of patents and the protection of trade marks and names, and designs. The same privileges are extended and granted to citizens and subjects of all countries having existing treaties with Japan containing the provision relative to the "most favored nation."

This treaty with Germany also contains a clause to the effect that, on or before the date of the enforcement of all of its terms, Japan will become a member of the International Union for the Protection of Industrial Property.

Owing to the importance of Japan as a manufacturing, mining and agricultural country, and the marvelous enterprise and industry of its inhabitants, inventors and manufacturers should lose no time in securing protection for their inventions, their trade marks and their trade names, in the England of the East."

We give below a statement of our charges, and of the principal provisions of the Japanese patent law. With regard to our charges, we wish to say, that as the practice is as yet unformed, and the expense of carrying through an application is not fully determined, the prices quoted are subject to change. We think, however, that the present fees will be sufficient to cover all expenses in all ordinary cases,

FEES.

Patent, application for, including all taxes for fifteen years,
agency fees, and translation of the specification up to 2,000
words
Translation, for each 100 words in excess of 2,000.
Amendments, preparing and filing, before issue, from..

$200 00

I 00

10 00 upwards

after issue, including government fees, from... Appeal or Arbitration, in case of final rejection by primary examiners..

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Assignments, preparing and recording.

50 00

Workings, exclusive of freight and customs charges, cost of manufacture, etc....

75 00

LAW AND PRACTICE.

Who may be Patentee.-Any person who has invented any useful, technical process, machinery, manufactured or other article, or any improvement relating to same, and the heir of a deceased inventor. The law apparently makes no provision for the grant of patents to assignees, mere importers or corporations.

Patents, Kind and Term.-Patents of Invention, granted for five, ten or fifteen years, as elected by the applicant, the term beginning to run from the date of registration. Patents for improvements are granted for the same terms. The applicant for a patent for an improvement is required to obtain the consent of the original patentee, if possible, to use the original invention together with his own. If such consent is withheld, the applicant may lodge his application, stating the circumstances, and the Minister may grant the patent, but shall fix an amount of compensation to be paid to the original patentee.

Unpatentable.-1. Articles of food or drink, or of fashion. 2. Medicines, or methods of compounding the same. 3. Articles that have been in public use prior to the filing of the application for a patent. 4. Inventions proved to be neither new nor useful. 5. Inventions in the detailed specification of which an important fact has been wilfully omitted, or some fact not necessary to the working of same has been wilfully inserted.

Novelty, Effect of Prior Patent or Publication. The law is silent as to the effect, if any, of a prior foreign patent. So far as we have been able to ascertain, a valid patent may be obtained in Japan either before or after the issue of foreign patents for the same invention, the only requirement as to novelty being that the patented article shall not have been in public use (this undoubtedly means public use in Japan, not in other countries), prior to the filing of the application for patent. Taxes. There are none after the issue of the patent.

Assignments.—Arts. XXII and XXIII of the patent law are as follows: “ A patent may be sold or transferred or made property in common, with or without conditions, or may be hypothecated; but an application to have such sale, transfer, or hypothecation registered must be sent to the Patents Bureau, and no sale, transfer, or hypothecation shall be held as legally valid towards a third party unless registered."

"No official of the Patents Bureau shall apply for or become the owner of a patent while employed in the Bureau."

Assignments and mortgages should be prepared in both the Japanese and English languages, and in duplicate. They should be drawn in the form of a contract, and be signed by both assignor and assignee. A power of attorney, authorizing the registration of the assignment or mortgage should also be supplied.

All the documents should be legalized by a Diplomatic or Consular Officer of Japan.

Working.-Patents will become invalid:

1. When an invention has, without sufficient reason, not been practically used in public, within three years after the date of the certificate.

2. When practical use of the invention has, without proper reason, been suspended for a period of three years.

3. When a patentee has imported and sold patented articles from abroad, or has ignored the fact that articles liable to infringe upon his rights have been imported from abroad.

The working required is undoubtedly an actual bona-fide manufacture and sale of the patented article in Japan, and in sufficient quantity to supply all actual demands.

Procedure, Examination of Applications.-Applications for patents are made to the Minister of State for Agriculture and Commerce, and are examined by a body of judges (examiners) constituting, with a Director, the Patents Bureau. The exam

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