ABYSSINIA. There is as yet no patent law in this country, and, so far as we know, no way in which inventions may be effectually protected. AFGHANISTAN. There is as yet no patent law in this country, and, so far as we know, no way in which inventions may be effectually protected. ARGENTINE REPUBLIC. LAW AND PRACTICE. Who May Be Patentee.-The actual inventor or his legal successor? Where an application is based upon a prior foreign patent, and it is desired that the Argentine patent be issued to a person, firm or corporation other than the one in whose name such foreign patent was issued, a proper deed or deeds of assignment must be furnished with the application for patent, and the power must be signed by the assignee in whose name the patent is to issue. Patents, Kind and Term.-Provisional patents are granted for the term of one year, and may be renewed from year to year. Patents of Invention are granted for five, ten or fifteen years. A fifteen year patent can only be obtained upon inventions which have not, up to the date of application in the Argentine Republic, been patented elsewhere, and, in such case, the applicant must furnish with his application a declaration under oath, to the effect that he has not as yet applied for any patent in any other country, and that he makes his application in the Argentine Republic before applying elsewhere, because he believes it to be to his interest to do so. When a patent has been previously obtained in another country, the duration of the Argentine patent is limited to the duration of the foreign patent, but not to exceed ten years at the most. Patents of Addition will not be granted for a longer period than the life of the original patent, when the latter does not exceed ten years, except when half that time has expired, or when the improvement lessens by half, at least, the cost of production, time, risk or danger, or for other similar reasons, in which case the Commissioner of Patents fixes the term for which the patent may be granted. A patent cannot be extended after its issue. Unpatentable.-Pharmaceutical compositions, financial schemes, such discoveries or inventions as have previous to the application received a sufficient publicity in books, pamphlets or periodicals either in this or foreign countries, to permit of their being worked; those of a mere theoretical nature having no evidence of their practical use in industry; and finally, inventions contrary to morals, or to the laws of the Republic. Novelty, Effect of Prior Patent or Publication. To obtain a valid patent the application must be filed before the invention has received sufficient publicity in books, pamphlets or periodicals, either in the Argentine Republic or abroad, to enable it to be put into practice. The holder of a prior foreign patent, may, subject to the above requirement, apply for and obtain a valid Argentine patent at any time during the existence of his foreign patent. Taxes.-There are none after the issue of the patent. 7 Assignments. To effect the assignment of a patent, the following documents are necessary: 1. The Letters Patent; 2. An assignment in the Spanish language, signed by the assignor before a Notary Public, and legalized by an Argentine Consul. Care must be taken to make no mention in the assignment of any other patent than the Argentine. When desired, we can obtain the legalization of the applicant's signature here at a cost of $3.00 for each legalization. Working. The invention must be worked within two years of the date of the issue of the patent, and the working must not be interrupted thereafter for two years at a time, except by circumstances beyond the patentee's control, or by accident duly certified by the office. DOCUMENTS REQUIRED. The same documents are required for Provisional Patents and Patents of Addition. 1.-Power of Attorney.-Signed by applicant before a Notary Public, and legalized by an Argentine Consul. 2.-Drawings in Duplicate.-On Drawing paper or tracing cloth of any suitable size. Must be made in black ink and to metric scale. No signatures necessary. 3.—Specification.-May be written or printed on any suitable paper. No signa tures necessary. 4. If a Prior Patent Exists.-It is necessary to send a certified copy of such patent, legalized by an Argentine Consul. The Patent Office, in every case, where the inventor is not a resident of that Republic, requires the production of either the declaration called for under the following heading, or of a foreign patent of the invention. It does not, however, insist upon such being the patent of the country where the inventor resides, but it may be that of any other country, so long as the specification and drawing agree exactly with those of the Argentine application. Where possible, it is always best to use a certified copy of the Spanish patent. 5.-If no Prior Patent Exists.-A declaration to that effect signed by the applicant before a Notary Public and legalized by an Argentine Consul. This document must also be furnished in all cases where the specification and drawings of the Argentine application do not exactly agree in all important particulars with those of a prior foreign patent. In such case it will not be necessary to furnish a certified copy of the foreign patent. AUSTRIA. Up to January 1, 1894, patents were issued upon a single application covering both Austria and Hungary. Austria and Hungary now issue separate and independent patents, one or both of which may be applied for at will, each patent requiring separate maintenance, such as the payment of taxes, working, etc. For patents granted or applied for before January 1, 1894, the former practice is still applicable. Such patents will remain as individual Austria-Hungarian patents, and all the requirements of the old practice as to the payment of taxes, working, etc., will be applicable to them for the whole of their term. LAW AND PRACTICE. Who May be Patentee.-Any person, whether the inventor or not; a firm or a corporation. Where the invention has been patented in any or several foreign countries, a valid Austrian patent can only be obtained by the owner of said foreign patent or patents, or by his heirs, or legal successors or assignees. In such cases one of the foreign patents, chosen by the applicant, forms the basis of the Austrian patent applied for. Patents, Kind and Duration.--Patents of Invention are granted for fifteen years, subject to the payment of the required taxes, and the legal working of the invention. In former years it was the custom of the Austrian office to issue the patent for the exact number of years for which the taxes were paid at the time of issue. This is no longer the case, the Minister of Commerce having decided (Decisions of July 27, 1882, and July 18, 1888) that Austrian patents are, without exception, granted for the maximum term of fifteen years, subject to the payment of the legal taxes, etc., and the forms of the patent documents have now been changed, so as to leave no doubt as to the term of the grant. In case an Austrian patent is based upon a prior foreign patent, it is limited in term and validity by the term and validity of such foreign patent, but it is quite independent of all other foreign patents for the same invention, without regard to their date. Unpatentable.--Preparations of food, beverages and medicines; discoveries, inventions or improvements which cannot be worked for reasons of public health; morals, or safety, or as being contrary to the general interest of the State; scientific principles, or strictly scientific theories, even if the principle or theorem lead to the creation of new industrial products, a new means or a new method of production; inventions, which while worked in any foreign country are not patented there. Novelty, Effect of Prior Patent or Publication.-To obtain a valid patent the application must be filed before the invention has been made public in Austria, either by a printed publication, or by the invention having been worked there. The printed copies of patents issued by the German Patent Office will not prevent the obtaining of a valid Austrian patent, provided the application for the latter be filed within three months from the day of issue of such print, but a valid patent cannot be obtained after the expiration of this time. Printed copies of patents of other countries can only affect the validity of an Austrian patent when it is proven that they were introduced into Austria before the filing of the application. A valid Austrian patent can be obtained at any time during the life of a prior foreign patent for the same invention, so long as the invention has not been published, or become publicly known in Austria. Taxes.-The legal taxes may be paid at once and in a lump sum, or in annual installments, as preferred by the patentee. In the latter case they must be paid yearly in advance, counting from the date of the issue of the patent. The amount of the taxes payable to the government are as follows: Second, third, fourth and fifth years, each,21 florins; sixth year, 31.50 florins; seventh year, 37 florins; eighth year, 42 florins; ninth year,. 47.25 florins; tenth year, 52.50 florins; eleventh year, 63 florins; twelth year, 73.50 florins; thirteenth year, 84 florins; fourteenth year, 94.50 florins, and fifteenth year, 105 florius. The Letters Patent should always be forwarded for the endorsement of such payment thereof. If for any reason it is impossible to forward the patent with the tax, the latter can be paid for one year without the production of this document. In this case, however, it becomes necessary to produce the patent with the next year's tax, or if it be lost, to apply for and obtain a duplicate of the patent. No extension of time for the payment of taxes can be obtained. Assignments.-The following documents are necessary: 1. An assignment in German, signed by the assignor before a Notary Public and legalized by the Austrian Consul. 2. A power of attorney signed by the assignee before a Notary Public, and legalized by an Austrian Consul, authorizing the attorney to apply for and obtain the registration of the assignment and pay the taxes in connection therewith. Working.--The invention must be worked within one year from the day of the issue of the patent, and the working must not be discontinued thereafter for any two consecutive years. No extension of time for working can be obtained. To effect a legal working, the invention, if a machine, must be actually constructed in Austria, and of materials procured there; if a process, it must be put into operation there. Nominal workings, although very frequently made, are not legally valid, and we cannot recommend them. We will secure estimates of cost for actual workings, on receipt of particulars. According to the official decree of June 1, 1889, they must now be proven and entered upon the Patent Registers in connection with the patent to which they relate. DOCUMENTS REQUIRED. 1. One copy of Specification.-Written or printed on any paper. No signatures required. 2. Drawings in duplicate.-May be made on tracing cloth, any size and margin. No signatures required. 3. Power of Attorney.-Signed by applicant before a Notary Public, and legalized by an Austrian Consul. BAHAMA ISLANDS. LAW AND PRACTICE. first importer may obtain a valid patent, as well as the first inventor. Who may be Patentee.—Practically anyone, whether the inventor or not, as the years from the filing of the specification, but the duration may be extended for two Patents, Kind and Term.-Patents of Invention (or Importation) granted for seven additional terms of seven years each, (twenty-one years in all) upon due application and payment of the legal fees. Unpatentable.—Inventions that are not new within the Islands, as to the public use and exercise thereof at the time the application for patent therefor is filled; if the applicant for the patent is not the true and first inventor within the Islands (the word inventor being held to include the true and first importer) of the invention described in the specification; inventions which are at the time the specification is filed well-known elsewhere, and also known to some person or persons in the Islands other than the person filing such specification, and inventions already patented there. Novelty, Effect of Prior Patent or Publication.-To obtain a valid patent the application must be filed before the invention has been published or otherwise publicly known within the Bahama Islands. The fact that prior patents exist, or that the invention has been published, or is publicly known and used in other countries, will not prevent the obtaining of a perfectly valid patent, so long as the invention is new as to the Bahamas at the time the application is filed. Taxes. Strictly speaking there are none after the issue of the patent, the same being issued for seven years and the fees paid at the filing of the application being in full for this term. If, however, it is desired to continue the patent in force for a longer time, it may be extended for a second term of seven years upon payment of a fee of £10 and for a third term of seven years upon payment of a further fee of £20. Assignments. These should be prepared in duplicate, and in the English language; almost any form will answer, and no legalization of the document is now held to be neces sary. Special. This Colony does not issue a formal document or "Letters Patent " to serve as a title deed. It is hoped that the Colony will soon have proper forms printed, and issue such a document to every patentee. Until this is done, however, the only documents that can be forwarded for the use of the patentee are: 1. The certificate of the Registrar of Records that the specification has been filed, and, 2. A copy of the Official Gazette containing a notice of the filing of the specification. If desired, a certified copy of the patent can be obtained, but only at an expense of from $15 to $35 according to the length of the specification, as the fees demanded by the Attorney-General for such copies are very high. DOCUMENTS REQUIRED. 1. Four copies of the Specification.-These may be written or printed on any suitable paper, and of any size, No signatures nor legalization required. 2. Four copies of the Drawings.—On bristol board or tracing cloth, or any suitauble size. No signatures required. 3. Petition.-Signed by applicant, may be on any suitable paper. 4. Declaration.-Signed by applicant, before a Notary Public, or other person authorized by law to administer an oath, who must affix his official seal. |