INDUSTRIAL PROPERTY-EXTENSION OF GERMAN LAWS-WHO MAY PROSECUTE VIOLATIONS-DECREE (AMENDATORY) No. 155, of OCTOBER 4, 1916.

[Translation.]

Decree of the Governor General which modifies the decree concerning the protection of the rights of German subjects in matters of industrial property within the territory of the Government General of Warsaw.

ARTICLE 1. The second paragraph of section 2 of decree No. 70, of March 11, 1916, concerning the protection of the rights of German subjects in matters of industrial property is modified as follows:

Proceedings shall be instituted only upon complaint of the party interested. The complaint may be withdrawn. Persons that have their seat or their domicile elsewhere than within the territory of the German Empire, of the Government General of Warsaw, or of Austria-Hungary or of territories occupied by Austria-Hungary shall not be authorized to make complaint.

ART. 2. The present decree shall become effective immediately. (From translation in 33 La Propriété Industrielle, 3, of January, 1917, taken from Blatt für Patent-, Muster-, und Zeichenwesen.)

RUSSIA.

PATENTS RELIEF MEASURES" WAR MEASURES"-REGULATION OF OCTOBER 31, 1917.

[Translation.]

Regulation of the provisional government, of October 31, 1917. ART. 1983. Regarding the non-publication of inventions whereof the publication might be inimical or inexpedient as regards the national defense, the provisional Government stipulated in the Journal of May 11, 1917, concerning the amendment and complement of the laws:

During the duration of the war of the State all inventions whereof the promulgation might be inimical or inexpedient as regards the national defense shall be held secret, independently of expropriation for the benefit of the State, and, furthermore, the usual publication of the filing certificate shall not be made, as likewise the delivery of patents for the above inventions shall be delayed until after the conclusion of the war.

ART. 1984. Concerning the restitution of non-observed terms as regards acceptance of treasury tax receipts for patents of invention, the provisional Government has stipulated in the Journal of June 30, 1917:

To authorize the Minister of Commerce and Industry during the war, in extremely well-grounded cases, to reinstate the non-observed terms, indicated in Articles 89 and 98 of the code of industry, fabrics, and commerce (Code of

Laws, Vol. XI, p. 2, edition of 1913) and also to accept tax receipts of the treasury as regards the payment of taxes and fees subsequent to the expiry of the terms fixed in Articles 368 and 371 of the regulation of taxes (Code of Laws, Vol. V, edition of 1914), and addenda to Article 198 19 of the code of industry (Coll. of Laws, 1914, Art. 1876).

NOTE. The various provisions referred to in the preceding stipulation (Art. 1984) are the following:

Statute of industry, Art. 89.—The applicant, not being satisfied with the decision of the committee, may appeal within three months from the date on which this decision was notified to him, on first filing a treasury tax receipt certifying the payment of 15 roubles.

Statute of industry, Art. 96.—The owner of a patent must within five years from the date of the signature of the patent work the patented invention or improvement in Russia and within the same period must lodge with the section of industry a certificate of such working, from a competent authority nominated by the Minister of Commerce and Industry.

*

Tax regulation, Art. 368.-The tax indicated must be paid-for the first year that the patent is in force during the three months beginning from the day on which the applicant received notice of the acceptance of his petition by the Technical Committee of the Section of Industry of the Ministry of Commerce and Industry, and for the following-in advance of each year as long as the patent remains in force-counting from the day of the signature thereof. The fee paid is to be refunded in no case whatever.

Tax regulation, Art. 371.-In case of delay in the payment to the treasury of the State of the tax indicated in Articles 367 and 368, a fine will be required, of 10 per cent of the tax due for the first, 15 per cent for the second, and 25 per cent for the third delayed month, counting fractions of a month as a full month. No delay extending beyond three months will be allowed.

Statute of industry, Art. 19819.-From the beginning of the second year of the term of the patent the treasury tax receipt for the payment of the tax fixed by Article 367 of the regulation concerning taxes shall be filed by the owner of the patent in the section of industry not later than three months from the day on which the tax shall have been paid into the treasury.

(Translation by Messrs. Kaupe & Tschekaloff, Petrograd.)

ROUMANIA.

[Law No. 862 of 18th August, 1917.]

There is granted a prolongation of the terms for the payment of the annual taxes on patents belonging to Roumanian subjects and the subjects of allied or neutral States, beginning from the 14th August, 1916, throughout the duration of the war, and until a date which will be determined later by the Ministry of Industry and Commerce by a notice published in the Official Moniteur.

The same prolongation is granted to all the beneficiaries under patents who are Roumanian subjects or subjects of the allies or neutrals who obtain patents after the date from which the present law has been decreed. This prolongation will not profit subjects of allied or neutral countries unless a parallel prolongation is granted in these countries in the favor of Roumanian subjects who are interested in patents. While in the countries above mentioned prolongation will be given to allies or neutrals from 19th July, 1914, the date of the commencement of the European war, this prolongation will apply in Roumania also, from the same date in favor of Roumanian subjects who are holders of patents.

381

UNITED STATES OF AMERICA.

PATENT LAWS.

THE CONSTITUTIONAL PROVISION.

The Congress shall have power * * * to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. (Art. I, sec. 8.)

The Consolidated Patent Act from which the sections of Revised Statutes relating to patents were chiefly compiled was passed July 8, 1870 (16 Stat. L., 198). As to sections 490, 491, 492, 493, 894, and 4934, see also Resolution No. 5 of January 11, 1871 (16 Stat. L., 590), and act of March 24, 1871 (17 Stat. L., p. 2).

Where sections have been amended since passage, the amending act is cited in the margin.

Sections of the Revised Statutes (except first three below) are arranged in numerical order. Other statutes are inserted as far as possible after the sections of the Revised Statutes to which their subject matter is related.

ORGANIZATION OF THE PATENT OFFICE.

Revised Statutes, Title XI.

SEC. 475. There shall be in the Department of the Interior an office known as the Patent Office, where all records, books, models, drawings, specifications, and other papers and things pertaining to patents shall be safely kept and preserved.

SEC. 476. There shall be in the Patent Office a Commissioner of Patents, one Assistant Commissioner. and three examiners in chief, who shall be appointed by the President, by and with the advice and consent of the Senate. All other officers, clerks, and employees authorized by law for the office shall be appointed by the Secretary of the Interior, upon the nomination of the Commissioner of Patents. [See sec. 169.]

Position of First Assistant Commissioner was created in the appropriation act of March 4, 1909 (35 Stat. L., 891); salary, $4,500 a year.

SEC. 477. The salaries of the officers mentioned in the preceding section shall be as follows:

The Commissioner of Patents, $4,500 a year.

The Assistant Commissioner of Patents, $3,000 a year.
Three examiners in chief, $3,000 a year each.

Present salaries given under "Appropriations," post, page 406.

SEC. 440. There shall also be in the Department of the Interior

One examiner in charge of interferences, at a salary of $2,500 a

year.

One examiner in charge of trade-marks, at a salary of $2,500 a year. Twenty-four principal examiners, at a salary of $2,500 a year each. Twenty-four first assistant examiners, at a salary of $1,800 a year

each.

Twenty-four second assistant examiners (two of whom may be women), at a salary of $1,600 a year each.

Twenty-four third assistant examiners, at a salary of $1,400 a year each.

One librarian, at a salary of $2,000 a year.
One machinist, at a salary of $1,600 a year.

Three skilled draftsmen, at a salary of $1,200 a year each.
Thirty-five copyists of drawings, at a salary of $1,000 a year each.
One messenger and purchasing clerk, at a salary of $1,000 a year.
One skilled laborer, at a salary of $1,200 a year.

Eight attendants in the model room, at a salary of $1,000 a year each.

Eight attendants in the model room, at a salary of $900 a year each.

For present employees and their salaries, see under "Appropriations," post, page 406.

SEC. 441. The Secretary of the Interior is charged with the supervision of public business relating to the following subjects;

Jurisdiction of the Secretary on appeal from commissioner.-Butterworth v. Hoe, 112 U. S., 50-60; 29 O. G., 615.

SEC. 478. The seal heretofore provided for the Patent Office sha!l be the seal of the office, with which letters patent and papers issued from the office shall be authenticated.

SEC. 479. The Commissioner of Patents and the chief clerk, before entering upon their duties, shall severally give bond, with sureties, to the Treasurer of the United States, the former in the sum of $10,000 and the latter in the sum of $5,000, conditioned for the faithful discharge of their respective duties, and that they shall render to the proper officers of the Treasury a true account of all money received by virtue of their offices.