a process used by him, without his consent, and if the latter enter an opposition on this ground. If the opposition result in the withdrawal or refusal of the application, the opponent may, if he himself apply for a patent for the invention within a month from the date of the decision relating thereto, demand that his application be dated as of the day previous to the publication of the prior application.

SEC. 4. The patent has the effect that the owner thereof has the exclusive right of manufacturing the object of the invention industrially, bringing it into use, vending or using the same. If the patent be for a process, the right extends to the products directly manufactured by the process.

SEC. 5. The patent is of no effect against a person who, at the time of the application, has already used the invention within the realm, or made the necessary arrangements for using the same. Such person has the right to use the invention for the requirements of his own business in his own works or the works of others. This right can only be inherited or disposed of together with the said business. The patent has furthermore no effect in so far as according to the decisions of the Imperial Chancellor the invention is to be used for the Army, the Navy, or otherwise in the interests of the public welfare. The owner of the patent has, however, in this case a claim against the Empire or the particular State which has desired the limitation of the patent in its special interests, for adequate compensation, to be settled in a court of law if no arrangement can be come to.

The patent right does not extend to vessels or vehicles which are present in the realm only temporarily.

SEC. 6. The claim to the grant of the patent and the rights arising from the patent pass to the heirs. The claim to the grant of a patent and the patent right may be transferred to others in a restricted or unrestricted manner by agreement, or by testamentary disposition in the case of death.

SEC. 7. The duration of the patent is fifteen years; this term commences with the day following the application for the patent. If an invention relate to the improvement or further development of an invention protected by a patent in favor of the applicant, he may apply for a patent of addition, which terminates with the patent for the older invention.

If, in consequence of the declaration of nullity of the principal patent, a patent of addition become an independent patent, its duration and the date on which the taxes are due is determined by the day of commencement of the principal patent. The date of commencement of the patent of addition determines the annual amount of the taxes. In this case the first patent year is taken to be the interval of

time between the day of application for the patent of addition and the next following anniversay of the commencement of the principal patent.

SEC. 8. For every patent a tax of thirty marks must be paid before the grant (sec. 24, clause 1).

With the exception of patents of addition (sec. 7) there shall, in addition, be paid on account of the patent, at the commencement of the second and every following year of its duration, a tax amounting to fifty marks for the first year and increasing by fifty marks every subsequent year.

This tax (clause 2) shall be paid within six weeks from the date on which it falls due. After the expiration of that time the payment can be made within six further weeks only on payment of an additional tax of ten marks.

The owner of a patent who proves his want of means may obtain the postponement of the payment of the taxes for the first and second year of the duration of the patent until the third year, and if the patent expire at the third year, the said taxes may be entirely remitted.

The payment of the taxes may be effected before they fall due. If the patent be abandoned, or revoked, or declared null and void, the prepaid taxes which are not due shall be refunded.

By a decree of the Federal Council the taxes may be reduced.

SEC. 9. The patent expires if the owner thereof relinquish it, or if the taxes be not paid within the prescribed time at the Patent Office or at a post office within the German Empire.

SEC. 10. The patent is declared null if it be proved:

(1) That the subject matter was not patentable in accordance with sections 1 and 2;

(2) That the invention forms the subject of the patent of a prior applicant;

(3) That the essential part of the subject matter has been taken from the description, drawings, models, implements or arrangements of another person, or from a process used by him, without his

consent.

If any one of these suppositions (1 to 3) be only partially proved, the action for declaration of nullity shall have the effect of limiting the patent to a corresponding extent.

SEC. 11. If the owner of a patent refuse to another person permission to use the invention after an offer to pay reasonable compensation and to give security for such payment, and if it be to the public interest that such permission should be granted, right to use the invention (compulsory license) shall be granted to such person. The right may be granted with restrictions and may be made dependent upon conditions.

Provided no International Convention forbid, the patent may be withdrawn if the invention be worked exclusively or mainly outside the German Empire or Protectorates. The transfer of the patent to another person shall be inoperative if made merely for the purpose of evading the withdrawal.

No decision under paragraphs 1 and 2 shall be given against the owner of the patent before the expiration of three years from the publication of the grant of the patent.

[NOTE. The words in italic were substituted by Article I of the law of the 6th of June, 1911.]

ART. II. The provisions of the patent law respecting the revocation of a patent shall apply to the procedure and the decision relating to the grant of a compulsory license.

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ART. IV. This law shall come into force on the 1st day of July, 1911.

SEC. 12. Any person not residing within the realm may claim the grant of a patent, and the right accruing therefrom, only if he have appointed a representative within the realm. The latter is empowered to represent the applicant in all proceedings under this law, as also in all civil litigation concerning the patent and actions for penalties or damages. The place where the representative resides, and in the absence of such a residence, the place where the Patent Office is located shall be taken as the place of jurisdiction, according to section 24 of the law on civil actions.

With the consent of the Federal Council the Imperial Chancellor may decree that a right of retaliation shall be put in force against the citizens of a foreign State.

SECOND SECTION.-PATENT OFFICE.

SEC. 13. The grant, the declaration of nullity, and the revocation of a patent is effected by the Patent Office.

The Patent Office has its seat at Berlin. It consists of a president, of members who are qualified for a judicial appointment or for a higher administrative office (legal members), and of members who are experts in a branch of technical industry (technical members). The members are appointed by the Emperor, the president being proposed by the Federal Council. The appointment of the legal members, when they hold an appointment in the service of the Empire or State, is made for the term of such appointment, otherwise for life. The appointment of the technical members is made either for

life or for five years. In the latter case the provisions of section 16 of the law concerning the legal status of imperial officers, of the 31st of March, 1873, do not apply.

SEC. 14. In the Patent Office are instituted:

(1) Departments for the applications for patents.

(2) A department for suits for declaration of nullity or for the revocation of patents.

(3) Departments for appeals.

In the departments for applications, only those technical members who hold life appointments may act. The technical members of the departments for applications may not act in the other departments, and the technical members of the latter may not act in the departments for applications.

To enable decisions to be given in the departments for applications at least three members shall be present, of whom two shall be technical members.

The decisions in the departments for revocations and appeals shall be given by two legal and three technical members. For other decisions the presence of three members shall be sufficient.

The regulations of the civil process law as to the exclusion and rejection of members of the court apply in this case also.

Experts who are not members may be appointed to assist at consultations; they may not take part in decisions.

SEC. 15. The decisions of the sections are made in the name of the Patent Office. They shall be accompanied by the grounds, to be set out in writing and to be sent officially to all interested parties.

SEC. 16. An appeal may be made against the decisions of the application departments and the annulment department. No member may take part in the decisions in respect of an appeal who has taken part in the decision appealed against.

SEC. 17. The formation of the departments, the determination of their scope of action, the modes of procedure inclusive of the mode of giving notification, and the order of business of the Patent Office shall be determined by Imperial Orders, with the assent of the Federal Council, in so far as they are not determined by the present law.

SEC. 18. At the request of the legal tribunals, the Patent Office is bound to give opinions upon questions concerning patents, if contradictory opinions of experts be given in a lawsuit.

The Patent Office is, however, not otherwise empowered to give decisions or opinions outside its legal sphere of business without the consent of the Imperial Chancellor.

SEC. 19. A register or roll shall be kept at the Patent Office, which shall indicate the subject matter and the duration of patents granted, as also the name and place of residence of the proprietors of the patents, and of any representative appointed at the time of applica

tion. The commencement, termination, expiration, declaration of nullity, and the revocation of the patents shall be noted in the register and at the same time be published in the Imperial Gazette.

If a change take place in the ownership of a patent or in his representative, this shall also be noted in the register and published in the Gazette, if positive evidence with regard thereto be supplied to the Patent Office. So long as this has not been done, the original owner of the patent and his original representative shall remain authorized and liable according to this law.

The inspection of the register or roll, of the descriptions, drawings, models, and samples on the basis of which the patent has been granted, is open to anyone, in so far as it does not relate to a patent taken in the name of the State for the purposes of the Army or Navy. The Patent Office shall publish the essential features of the specifications and drawings, in so far as these are open to the public, by means of an official journal. In the latter shall also appear the notifications which shall be published in the Imperial Gazette in accordance with this law.

THIRD SECTION-PROCEDURE IN PATENT MATTERS.

SEC. 20. The application for the grant of a patent shall be made in writing at the Patent Office. For each invention a separate application is required. The application must contain the demand for the grant of the patent, and must indicate accurately the subject matter which is to be protected by the patent. The application must be accompanied by a written statement describing the invention in such a manner that the use thereof by others skilled in the art appears possible. At the end of the description must be indicated the features which are to be protected by patent (claim). The necessary drawings, models, and samples must also be delivered.

The Patent Office shall issue rules as to other requirements for the application.

Until the decision as to the publication of the application, amendments of the subject matter shall be allowable. Simultaneously with the application twenty marks shall be paid for the costs of the proceeding.

SEC. 21. The application shall be subjected to a preliminary examination by a member of the application department.

If in such examination the application do not appear to comply sufficiently with the prescribed rules (sec. 20), the applicant shall be required by a notice to remove the defects within a prescribed time.

If the preliminary examination show that no patentable invention exists according to sections 1, 2, and 3, clause 1, the applicant shall