"^ ■fifVi.'-, ~§j^^i^^ a% %..^ ^<,- -^^^ ''mm- ^^''%.. %■ . \..>, y^ *o ,'>,;5^- • o^ ' J>- .0 ^v. ■:^m^: .-^"^ ^^'^^^^ ^^' , <^ " " "^ -» ^vs ■> •^ \-^^%^^; \. A^'/iv; ^^• ^ : gj UNITED STATES I FOREIGN PATENTS, TRADE MARKS, &o. WM. H. BABCOCK, Attorney at Law and Solicitor of Patents, No. 513 Seventh Street, {p. 0= Box 220,) WASHINGTON, D. C. INCLUDING THE LATEST CHANGES. WASHINGTON, D, C. R. Beresford, Printer. 1885. H W' '$'■ S/..^' UNITED STATES i FOREIGN PATENTS, TRADE MARKS, &c. BY/' WM. H. BABCOCK, Attorney at Law and Solicitor of Patents, No. 513 Seventh Street, ^ (p. O. Box 220,) j!^> WASHINGTON, D. C. INCLUDING THE LATEST CHANGES. WASHINGTON, D. C. R. Beresford, Printer. 1885. INDEX. Page. Introduction I The United States ii Canada 27 Mexico 30 Cuba and Spain 31 United States of Colombia 32 Chili S3 Brazil ^3 Other American Countries 34 Great Britain " 35 France 39 Germany 41 Austria ,... 44 Italy 46 Belgium 47 Holland 40 Russia 4p Finland eo Sweden ^o Norway cj Portugal _^ CI Luxembourg ^ 52 Denmark, including Iceland 52 Turkey c^ Other European Countries India Ceylon Other Asiatic Countries and Colonies Cape of Good Hope ;\'> Natal .,6 Liberia 5^^ New South Wales Queensland South Australia ^ Victoria , Western Australia New Zealand Tasmania Hawaii Mauritius Fiji Islands ' 3 gives me great advantages over those who are hundreds of miles away from it, and who must transact their business either by correspondence, by deputy, or in the course of brief and hurried visits to the Capital; finally, I have always been in the same place and the same building, am well known personally and professionally to the officials of the Patent Office, and can refer you for evidence of responsibility to the real estate records of the District, and for that of compe- tency to the testimony of many clients who have tried me, and whose names and addresses 1 shall be pleased to give you, I think that no attorney- can show a smaller percentage of cases finally lost. WHAT IS NEEDED. I need at the outset a model, or clear drawings showing your invention, together with the best explanation you can give of its leading features and advantages. It is better to err on the side of too great particularity and fullness. From these data I prepare the specification and claims. The drawings required by the Patent Office arc also made from them under my directions. These again usually form the basis for preparing the applications for foreign patents. If a prelimi- nary examination is desired (it usually costs ^5) I search the drawings of U. S. patents already granted, and often their specifications also, and in a good many cases save all further expense by finding one which shows the invention. If I do not find it, my report is never conclusive as to novelty, since some of the drawings are near- ly always out of place, and, beside, the very thing sought for may be shown in a foreign patent or publication which no attorney could hope to find without an expenditure of time out of all proportion to the price above stated. A really exhaustive search through the foreign patents and books in the library would often cost the applicant far more than the application for patent itself Whether a preliminary exami- nation is worth paying even the ^5 for or not de- pends largely on the nature of the invention and the inventor's familiarity with the state of the art. I am always willing to give my judgment on this point gratis; and in regard to things which I know to be old or otherwise unpatentable should without any examination advise against applying. When the specification and other ap- plication papers which need your signature are ready, I send them to you with full instructions. In returning them you send the fees also. WHO SHOULD APPLY. Be careful to give me the name and address of the real inventor. A purchaser has no right to apply for a patent in this country as inventor either alone or jointly with the one who really contrived it. If two or more parties really united in inventing an improvement, they should apply jointly; but do not for purposes of economy en- deavor to club together in one application dis- tinct improvements relating to the same machine, but made by different parties. Many patents now extant are void by reason of inattention to these matters. The safest course, though, certainly, the most expensive at the outset, is to apply for two 5 or more patents in the several names wherever there is any doubt. A renewal application may be made by any person interested. So may a re- issue, but in this case the inventor must sign and make oath. If he will not, the assignee has no remedy. Many foreign countries allow the as- signee or even any first importer to apply for and obtain a valid patent. WHEN, WHY, AND HOW TO OBTAIN FOREIGN PATENTS. This brings us to a highly important topic, and one which receives too little attention from American inventors, manufacturers, and invest- ors in patents. There is no doubt whatever that a great many excellent chances for large profits are allowed to pass for lack of proper information or on account of misunderstandings. There is a general impression that valid patents cannot be obtained in the more important European coun- tries if applied for after the issue of an United States patent. This is perfectly true so far as France and Germany are concerned, but at pres- ent very untrue as a rule with regard to all the others. The difference is that the laws of the , two countries above mentioned make prior publication anyiohere a fatal objection; whereas Great Britain, Austria, Russia, and Italy do not allow the patent to be invalidated by any publi- cation except in the country where the later patent is applied for. The receipt of a copy of the United States patent and its exposure to the public would constitute such publication in every one of those countries, and the United States ex- changes such copies with all of them except Russia, (and with no others as yet,) but the act- ual sending is mercifully delayed, giving inven- tors a chance to save themselves. Thus no copies have been sent since last May, a period of be- tween four and five months. It is not likely that the margin will be kept quite so broad as this, the rule being nominally to send at the end of every month ; but an American patentee whose pat- ent is not muck more than a quarter of a year old should not consider his opportunity gone for obtain- ing valid pateyits in the countries last named until he has made inquiry of his attorney at Washing- ton, who will ascertain for him whether the copies have yet been sent to the foreign patent offices. Even after reaching there some delay inevitably occurs before the public actually have access to them. There is, of course, some chance that copies may have been sent abroad by private par- ties, and placed where the public could see them, but this would have to be proved on trial. Again, the brief information given by the Patent Office Gazette, which is mailed abroad immediately after each issue, would, perhaps, be a sufficient description in the case of some very simple in- ventions, but these must be very few indeed, for the courts lean strongly against destroying a pat- ent on such grounds. Even a full description in a printed book in a public library has been held insufficient, if the book was not properly cata- logued. Any imperfection in the United States patent making it less than a complete disclo- sure of the invention, would also prevent it from injuring the British patent, even if the former patent were exposed to the public in England be- fore applying for patent there. With all these 7 points in his favor, and in view of the recent changes in the law making it httle more expen- sive to obtain a British patent than one in the United States or Canada, an American patentee should think twice before deciding to forego the most valuable privilege of the kind in the world. V As we do not exchange patents with Russia at all, the risk there is still less, even after a longer period. The vast extent and population (nearly one hundred millions) of that empire, now rapidly waking to the demands of modern life, make a patent there, though costly, desirable in many in- stances. France, Germany, and Austria are vast, populous, and wealthy countries, with an immense amount of capital invested in manufacturing en- terprises. A patent for any one of them costs but little more than one for the United States, and is often nearly or quite as valuable. It is necessary only to be very careful about filing the application at least on or before the day of issue of the U. S. patent. There are some other countries in which a valid patent may be obtained after the issue and publication of the United States patent ; but the term v/ill be limited to a shorter period. Spain, as including Cuba, our near neighbor, is one of the most important of these to Americans. By applying on or before the issue of the United States patent, ten years in the life of the patent are saved, the full term being tv/enty years. A valid ten-year patent may, however, be obtained at any time within two years. In Canada, the limit is one year from the date of the United States patent, but there are advantages, herein- after described, in applying earlier. Most of the inventions which are worth patenting in the United States should be patented there also. In any one of the seven Australasian colonies, a valid patent may be obtained at any time before the invention has gone into use there or been pub- lished there ; and in Victoria, a year of such prior use and publication is allowed. The thrifty and intelligent character of the population of thpse colonies, their great cities — such as Melbourne, Adelaide and Sydney, — their rapid growth and prospects, second only to our own, make their patents (especially those of the four larger colo- nies) very valuable. India grants a valid patent at any time within one year from the date of a valid British patent on the same invention. This covers all the five presidencies, with an aggregate population of nearly two hundred million. Eng- lish rule is rapidly putting the country forward and modernizing it. The protection is for four- teen years, extensible to twenty-eight. There are other favorable features in the law, which have secured a rapid increase in the number of Indian patents. As its advantages become more widely known, the number taken out will be very much greater than heretofore. No atten- tion is paid to prior patents in other countries, and there are very few cases in which they can harm the Indian patent — indeed, none, if the British patent has been properly applied for. Mexican and Hawaiian patents are serviceable for certain kinds of inventions ; the mines and near markets of Mexico compensating for its inconvenient patent laws (which, however, do not allow a prior U. S. patent to be a bar) ; while the Sandwich Islands (Hawaii) are almost a colony of California, and have enacted a new patent law similar to our own, and making their patents almost equally cheap. This hasty review points out the countries in which it is usually most desirable to secure patents. Of course, 'in certain instances, others for special reasons might be even more valuable. Regard must be had to the nature of the inven- tion and the industries and productions of dif- ferent regions. It would obviously be unwise to patent mining machinery in an island almost wholly given over to sugar culture ; and an im- provement on ships would ordinarily be of no value in an inland country not engaged in mianu- facturing anything that pertained to navigation. Less extreme cases in point will readily occur to the reader. But it may safely be said that there is hardly any really useful invention which could not be profitably patented in several countries at least. The weekly issue of U. S. patents is now about 475, with almost a certainty of steady increase, and of the inventions thus protected a considerable number would doubtless be valu- able anywhere. Most of these are habitually left unguarded outside our own borders; or those of two or three other countries. In very many cases, the right to obtain patents in divers foreign empires and great colonies could doubtless be obtained for a small sum, this being a clear profit to the inventor, who usually cannot afford to take out many foreign patents himself It would be worth while for inventors to consult the half thousand or so dratvings, and the accomixinying claims^ ^published in each number of the Gazette, with a view to such lO bargains. Of course the field is still broader if the invention has not been patented at all. The best practice, when the inventor has deter- mined in advance to apply for foreign patents, is to file the applications of all those which could be affected by the U. S. patent on the same day that the latter issues. This I can easily effect by means of agents in the different capitals, in whose hands the applications respectively remain until I send them word of the date. But as the neces- sary preparations require some time, it is desir- able for the applicant to determine just what patents he will want as early as possible, and make the payments therefor. The charges hereinafter stated must be under- stood as referring to ordinarily simple cases. Of course some inventions are so complex, or involve such special elements of difficulty, that the time and labor necessarily spent on them compel me to state larger fees. II AMERICA. THE UNITED STATES, Patents are granted in this country to an in- ventor, or the assignee, executor, or adminis- trator of an inventor, without regard to age, sex, race, or nationality, no one being excluded ex- cept Patent Office employes. A patent lasts seventeen years, or for the normal term of the shortest foreign patent of less duration granted previously to its own issue, expiration of said foreign patent by non-payment of taxes or ne- glect of working having no effect The subject- matter may be any new and useful art, (process) machine, article of manufacture, or composition of matter, or any new and useful improvement in any of these. The area covered includes all the States, the Territories, and the District of Columbia. The privilege secured is the exclu- sive right to make, use, and sell what the patent claims, subject to the decisions of the U. S. courts on questions of validity and infringement. If an assignment is recorded before the payment of the final fee, the patent will issue to the assignee wholly or partly, as the case may be ; but the inventor, or his personal representative after his death, must sign the application papers and make oath to them. The Government fees are fifteen dollars (^15), payable on filing the 12 application, and twenty dollars (;5^2o), payable within six months after allowance. No applica- tion is considered completely filed until the appli- cation papers, drawing, and first Governnient fee are all in. When an executor or administrator ap- plies, he must file letters testamentary or of admin- istration from some court in this country. Modeh are not usually required, and even drawings arc dispensed with, provided the subject-matter (e. (j. compositions and some processes) will not admit of illustration. Specimens of compositions arc generally required. Under this head medical compounds and preparations for food, prohibited in so many countries, are patentable in ours. But they must not be injurious; they must have some real utility, though it may be slight ; they must amount to more than mere addition of inert elements to mixtures before known, and must involve something higher than the ordinary skill and knowledge of a prescribing physician. It is often difficult to determine whether any one of these restrictions applies in a given case, but the principles themselves are clear, and do not essen- tially differ from the criteria of other classes of invention. Thus, as- a rule, the application of a process to a new substance, the substitution of one mechanical equivalent for another, the omission of an element, or a change of materials in some part of a structure or machine, would not be pat- entable. Nor Avould a new arrangement or ag- gregation of old elements. The exceptions to all these and divers similar dicta occur when the change is productive of some real advantage, not obviously to be foreseen, and therefore legit- imately regarded as the fruit of invention. Here again a sound doctrine is anything but easy of exact practical application. What seems obvious after the fact, may have been anything but ob- vious before; and what one man, reasoning after- ward, may suppose to have been obvious before, another will regard as having been a matter of doubt and difficulty. Much of the work of solicitors and examiners consists in hair-splitting over just such metaphysical and logically indeter- minable questions ; the outcome of the contest in patent or no patent being nevertheless often of solid .financial importance. There are a mul- titude of formal objections also, which would be more properly discussed in a professional treatise for the benefit of patent attorneys than in a popular handbook for clients. Almost every examining division has its own little eddies of practice ; so that one examiner will sometimes insist on the very phraseology which another would resolutely prohibit. This is absurd enough of course, and needs correction. Indeed, the whole practice of the Office has grown prepos- terously intricate and artificial, and would, be a very proper subject for sweeping reforms ; al- though its personnel is generally good in every respect, and not likely to be improved by any considerable changes. The provision of the law limiting a patent to one invention has been con- strued with a really harsh rigidity, but the pres- ent Commissioner seems disposed to allow some relaxation in the cases where the former decisions bore hardest on the inventor ; i. e. those includ- ing in one application a process and its product, or the various parts of a single machine which might be applied for separately, 14 THE EXAMINATION. After an application has been duly filed it is sent to one of the examiners who has charge of the particular class of subject-matter to which it belongs. It is examined by him in the order of its priority, subject to certain statutory excep- tions, the most important of which is that giving precedence to cases previously patented abroad. In some examining divisions the order of action is determined by the dates of the en- tire mass of cases sent there ; in others the work is subdivided among the several assistant exam- iners according to subject matter, and each acts on his own applications in their chronological order without any regard to earlier ones in the hands of other assistants. In either case the principal examiner revises, controls, and is responsible for the decision made, which is generally a rejection of some part at least, on grounds of form, or substance, or both. This is communicated to the inventor through his attorney, and the work of the latter in presenting the application then fairly begins. He has the right to amend in order- to avoid the references cited or the ob- jections urged; or if the examiner is partly or totally wrong the error may be refuted by argu- ment, and reconsideration requested. Often an oral interview and explanation are of service as auxiliaries; but I avoid troubling the examiners needlessly in this way, as they are overworked and have very little time to spare. Nevertheless a word in season will sometimes go further, and hit the mark more exactly, than much writing. A great deal depends in this connection on the 15 mental constitution and habits of the individual examiner under consideration. One is indis- posed to listen, but may be relied on to read an argument closely and to give full weight to any point made ; another will pass over the most care- ful written explanation in a rather careless way, but may readily be convinced if the same things are said to him. An attorney who sees these gentlemen frequently naturally gets to under- stand many such differences, and conforms his procedure thereto as far as possible. But no human being can forsee all the whims and excen- tricities which an examiner's mind may evolve. PROCEEDINGS AFTER ALLOWANCE. After amendment or request for reconsidera- tion, the examiner acts again, either by way of allowance or rejection. In the former case noth- ing remains except to pay the final Government fee. If paid on a Thursday the patent issues two weeks from the next Tuesday. If payment be delayed a day longer the interval is extended by a week. There is absolute uniformity in this procedure. It is quite useless to ask me or any- body to hurry it. After allowance it is almost impossible to effect any substantial change in the claims or specification. Every article or machine made under the patent should be marked " pat- ented," with the date. APPEALS. If the examiner does not allow the application, he at length finally rejects one or more of the claims, or takes similar decisive action on some i6 formal matter. In the first instance an appeal lies to the Board of Examiners-in-chief; in the second, to the Commissioner in person. The latter requires no additional fee ; but on the first there is an appeal fee of ;^io, which must be ac- companied by a statement of reasons of appeal. The examiner answers this in writing. A hear- ing is then appointed, and the attorney ordinarily appears thereat to support said reasons by oral argument and explanation before the Board. If they decide unfavorably an appeal lies to the Commissioner, (Government fee ;^20,) and thence (;|^5o) to the Supreme Court of the District. The last appeal is rarely taken. Indeed, even an ap- peal to the Board has been found necessary only in a very small minority of my cases. My usual charge therefor is ;^io. INTERFERENCES. When two or more applications claim the same thing, or one is rejected on a patent and priority of invention is claimed over the latter with re- gard to subject-matter claimed therein, an inter- ference is declared. - The first step is to require each party to file a sworn preliminary statement of the leading steps in the history of the inven- tion ; to all the averments and dates of which he will be closely held, although it cannot be used as evidence in his favor. For preparing this vitally important document I usually charge ;^io. These statements are opened on a day set, and a period is then appointed within which the appli- cant of later date must take testimony-in-chief, a second period for the testimony-in-chief and 17 rebuttal of the other side, and a third for the re- buttal testimony of the one first named. These dates are often extended by stipulation or motion. The testimony is taken in each instance before a notary, U. S. Commissioner, or justice, after notice to the attorney of the other side to be present and cross-examine. It is afterwards printed and the original is sent on with duly authenticated exhibits of models, drawings, &c. These last are of the utmost importance. So, too, is full and precise testimony as to the first conception, the first disclosure to others, the dates when drawings, models, and machines were made, the reduction to practice, and the putting on the market. Besides the testimony printed briefs of the argument are usually filed on each side, and the attorneys appear at the hearing and argue the case before the Examiner of Interferences. From his decision the defeated party may appeal to the Board of Examiners in Chief, and thence to the Commissioner. Beyond him there is no appeal, but a bill may be brought before an United States Circuit Court which will reopen the matter from the beginning. This last procedure is not very often adopted. The Government appeal fees within the Office are the same as those in ex parte cases already considered. My charge per diem for all time spent in taking testimony, traveling to and from the place where it is to be taken, preparing the brief, and otherwise in the necessary conduct of an interference case, or in any other work estimated by the time employed, is ,$25. A day means the ordinary seven hours of office work. Extra time counts proportion- ately. My charge for each hearing- is ^25. It i8 will be seen by the above that a closely contested interference is very expensive; but the cost is usually distributed over a considerable time; each trip, including traveling expenses, being paid for about the time it occurs, and at least partly in advance. In some instances one side abandons the fight at an early stage, leaving to the other an easy and cheap victory. MATTERS RELATING TO TITLE. Patent rights, like other property, may be as- signed, mortgaged, and made the subject of a great variety of agreements. Certain States have sought to restrict this right, but such legislation has uniformity been declared unconstitutional. Beside an entire assignment any undivided share in it may be similarly transferred, or the division may be territorial, granting a single State. Li- censes may also be issued under a patent, with a great variety of restrictions and conditions, rang- ing from a mere shop right up to an exclusive license throughout the entire country, hardly dis- tinguishable from an .absolute assignment. An assignment need not be by deed, and a license need not be in writing at all ; but both are com- monly written, sealed, and recorded. It is best that everything in any way relating to the title should be put on record as speedily as possible, but an assignment is good against everybody if recorded within three months from date, and good against the assignor if never recorded. The Government record fee is $i up, according to length. For preparing an ordinary assignment I usually charge but ;^i ; for any conveyancing re- . ^9 quiring more labor my charge is regulated ap- proximately by the time employed. Title searches and reports are frequently called for. These cost from ^5 upward, the work being much more difficult and prolonged in some than in others. INFRINGEMENT SEARCHES. As the Government in issuing a patent does not guarantee its validity, nor even consider the question of infringement, no cautious man will invest much money in a patent or a suit thereon until he has had a thorough search made and a competent professional opinion given thereon. If a man is sued or threatened with a suit, it becomes exceedingly important to him, likewise, to know whether he is actually an infringer, and whether the patent menacing him is valid or not. A search and opinion on these points is paid for by the time required at the usual ^25 per diem. It extends through the United States patents relevant to the subject-matter in dispute, and such foreign patents and publications in the library as are at all likely to have any bearing thereon. Its duration depends on the number of points for consideration, the newness or an- tiquity of the art to which they relate, and other matters. In some instances, a day's search may discover all that is really necessary; but more often two or three days will be required, and sometimes eight or ten, or even more. CAVEATS. These are applied for sometimes as a prelimi- nary to a patent, the cost being but ;^20 or ;^25, 20 all told, and the effect being a right to notice in case some one else applies for the same thing within a year. If the invention be really incom- plete, and further time for experiment really needed, a caveat is useful ; but in a majority of cases it is a mere substitution of the shadow of protection for the substance. I generally advise an application for patent instead. RENEWALS. An application forfeited by non-payment of the final fee during the six months stated may be renewed, on petition of the inventor or any other interested person, within two years after allowance. The papers formerly filed may be used again, but a new first fee must be paid to Government, and the application will be liable to examination and rejection as a new case. In point of. fact, most of these renewals give little trouble, so I make my own charge ordinarily but ^lo, that is to say ^25 including the first Government fee. The rejection and abandon- ment of an applicant's first case will not prevent him from filing another one for the same inven- tion, although he must, except in veiy rare in- stances, pay a new fee, supply new papers and drawings, and treat the new application in every respect as separate and independent. REISSUES— DISCLAIMERS— EXTENSIONS. These were formerly an important branch of practice, but so many reissued patents have been overturned by the courts lately that, very few persons care to have them even when obtainable. 21 In a few Instances, where the error in the original patent is obvious, and where there is no attempt to introduce new or broader claims, an applica- tion for reissue, if made within two -years, is advisable ; but that is about all that can be said in their favor. Care should be taken to retain all the claims of the original patent, since the latter is surrendered when the reissue is granted, and has no effect thereafter. A reissue must not be used to fulfill the function of a disclaimer. It dies with the end of the original term. The Government fee is ^30. My charge in addition thereto is usually $40. A disclaimer is a document describing certain parts of the original patent which the patentee does not desire to retain. It is similar in purport to the disclaiming amendments often inserted in pending applications, but differs in being a sepa- rate document presented by regular petition, and having a record and fee of its own. The latter is ;^io, to which add my own of ;^20. Few disclaimers are filed, and they are nearly always by way of preparation for suit. PROCEEDINGS IN COURT. Infringement suits at law or in equity — the latter predominating — are the commonest form of the above, though there are special provisions for compelling the grant of a patent or the can- cellation of one or both of two interfering pat- ents. It is also believed to be competent to have a patent annulled on the ground of fraud, at the suit of the law officers of the Govern- ment, on the relation of some injured party who 22 has no interfering patent This last is still a matter of doubt. When damages only are looked for, a jury trial is the sole method to be pursued. But in most instances the aggrieved party is entitled to an injunction also (if he is entitled to anything), and wants that even more than the profits. This brings the matter properly into the cognizance of a court of equity, so that it may be decided by the Judge or Judges of an United States Circuit or District Court, some of whom have become specially qualified to dispose of causes involving mechanical questions. If infringement and validity are determined in the complainant's favor, the ascertainment of the proper amount to be awarded as profits or damages is referred to a master, who reports thereon subject to the de- cision of the court. The testimony on which the judge bases his decision, before such refer- ence, is taken very much as in interference cases ; but experts are ordinarily called in to testify on both sides, and the contest is generally more close and prolonged, consequently more expen- sive. A preliminary injunction pending the suit can generally be obtained if there has been a decision in the complainant's favor by some other U. S. court, .or by the Commissioner of Patents in an interference. Long and general public acquiescence will also afford sufficient ground. But something more is necessary than the mere possession of a patent. A man, firm, or corporation may be sued either for making, using, or selling the subject-matter. Practically, nobody is exempt except one who has bought from a person having full authority to sell, or one INTRODUCTION. October, 1885. This little treatise contains information which will make it worth keeping for future reference. So much of it as relates to United States patents and patent practice has had the benefit, in prep- aration and revision, not only of a long personal experience, both inside and outside the Patent Office, but also of a complete and minutely sub- divided subject-matter digest, made by myself, and brought down to date, of all the decisions, both of courts and commissioners, reported in the Official Gazette since it was first established, though of Course only a small part of these can be presented. So much as relates to foreign pat- ent systems has been compiled from the laws and patent office rules of various countries, and from a great mass of material sent by agents and at- torneys practicing therein, or derived from other trustworthy sources. The numerous recent changes in the statutes of European nations and their colonies, bearing on such subjects, have had particular attention, the aim being to give in every instance the very latest provisions with regard to every point of importance, that my clients and readers may know in advance what they have to expect and provide for, and may choose to the best advantage the fields wherein they will obtain protection. I have added in most instances similar data with regard to trade marks and some other branches of my professional work which hardly come under the general title chosen, A WORD FOR MYSELF. Of course I do not profess to be actuated by pure benevolence in sending out this little book gratis. Therefore, it is proper that I should state at the outset the grounds on which I hope to receive the reader's business, in many in- stances at least. First, an experience of more than three years in the examining corps of the Patent Office, and more than nine preparing and prosecuting applications before it, has thoroughly familiarized me with the details of such work, and the best methods of securing adequate pro- tection as promptly as the law and the rules will allow; secondly, beside the acquaintance with technical and mechanical matters incident to such an experience, I have done some inventing myself, and can very well look at the matter from the inventor's standpoint; thirdly, long practice in most kinds of other descriptive writ- ing furnished at the outset an excellent prepara- tion for the full and accurate development oi specifications, and I still find it of great as- sistance; fourthly, I am a graduate of the law school of Columbian University, Washington, D. C, and a member of the bar of the Su- preme Court of the United States, beside di- vers lesser tribunals ; fifthly, my location within a stone's throw of the Patent Office necessarily 23 who has some undivided or territorial interest in the patent itself. Even an undivided interest, however, will not excuse the manufacture of an infringing machine which is not identical with the one shown in the patent. But if the owner of a fiftieth part adheres closely to the latter, he may make and sell as many articles or machines as he pleases, and he cannot be compelled to pay over anything to the other owners. If, after the final "perpetual" injunction (which, notwith- standing its name, has no effect after the expira- tion of the patent), the defendant persists in infringing, he is guilty of contempt, and may be punished by fine and imprisonment. Costs are awarded to the successful party, or sometimes distributed between the parties when the equities require it. There are many fine and uncertain points with regard to the criteria of profits and damages, though some principles are well settled; but we need not enter on that subject here. The usual legal or equitable pleadings are required in these suits. I generally charge $2^ for pre- paring a bill or answer (the data being furnished), and $2^ per diem for all time employed on the case, beside a retainer of not less than ^loo, and from $2^ to ^50 for each hearing. My usual charge for preparing and prosecuting an application for patent on a simple invention is ^25, with ^5 for the drawings and the ^15 first Government fee, making in all $/[^, payable on or before filing the application. This makes the entire cost of the patent (including the first Gov- ernment fee) ordinarily ^65. If the application is finally and permanently rejected, there is, of course, no necessity to pay the final ;^20. I have, 24 however, obtained allowances in nearly all my cases. I will generally take applications which have been already filed and rejected at two-thirds price, that is to say for ^20, exclusive of Govern- ment fees. This applies only to inventions which are not very complex, and any corrections in the drawings will be extra thereto. DESIGN PATENTS. These run for three and a half, seven, or four- teen years, at the option of the applicant. The subject-matter must show invention, but its merit should lie in the direction of ornament or beauty of contour. Each claim should relate to some separable or at least clearly distinguishable part. There must be no reference in the specifitation to material operation or practical utility. The privileges granted and remedies for their infringe- ment are the same as in the case of other patents. A wide range of articles and fabrics, specified in detail in the statute, may be formed in accord- ance with the designs which constitute its sub- ject-matter. Some of these articles, &c., have no other purpose than ornament; others are primi- arily useful, but all must be susceptible of pro- ducing a pleasing effect on the eye. The Gov- ernment fees are respectively ten, fifteen, and thirty dollars, (;^io, ;^I5, ^^30,) according to dura- tion, payable on filing the case. To these I usually add about twenty dollars (;^2o) as my own fee. TRADE MARKS. These require no invention. The same maii<: may be registered by two different men if applied 25 o different kinds of goods. No registration is dlowed unless the mark is used in commerce vith foreign nations or the Indian tribes. The nark must not so closely resemble that of some )ne else applied to the same class of goods as :o be easily mistaken therefor. The owner's lame would not be registrable, but his signature vould. The name of his place of manufacture vould be objectionable, but the name of another 3lace in some instances would not. Descriptive A^ords would not make a trade mark if properly ased; but if used fantastically and preposterously :hey might. Arbitrariness is essential to a trade mark. Almost any fancy words, characters, or symbols will do. It may be registered by an in- dividual, a firm, or a corporation; is good for thirty years, and any person counterfeiting it is liable to be severely punished. The applicant should send me specimens of the mark, a state- ment of the features regarded as most essential, the name of the country in commerce with which it is used, and an account of the usual method of applying it, and the class of articles distinguished by it. The Government fee is ^25 and mine is ^5, due on filing the application. LABELS AND PRINTS. These are under the same examiner as trade marks. In the Patent Office sense, a print or label may be defined as a slip containing an illegitimate trade mark, and used for similar pur- poses. It must not relate to the fine arts. It must not be arbitrary. It may consist mainly of the owner's name, or descriptive words, or any- 26 thing else not suitable to trade mark registry. The registration is good for twenty-eight years. The applicant should send me half a dozen specimens. My fee and the Government fee together only amount to ^15. The label law is of very doubtful constitutionality. COPYRIGHTS. These come under the supervision of the Li- brarian of Congress. The subject-matter may be any book or other printed publication, any kind of a picture or engraving, a sheet of music, statuary, or a print or design having relation to the fine arts. A copyright may be assigned and the assignment recorded at a cost of ^i Govern- ment fee. For preparing this document I charge at least $2 additional. The privilege conferred is similar to that of a patent, and the practice and fees in suits thereon are substantially the same. The duration is twenty-eight years. To obtain registration I need three copies of the book or other thing to be copyrighted, a print of the title, three dollars (^3) for the Govern- ment fee, and five dollars (;^5) for myself Copy- rights are easily obtained, but some time is neces- sarily expended in doing so. In some instances, the subject-matter runs so close to the labels, designs, or mechanical inventions under the ju- risdiction of the Patent Office, that there may be doubt as to which should be applied for. The distinction to be made is between literary or artistic invention, on the one hand, and marks for the purposes of commercial identification or contrivances for advancing the useful arts or enhancing the value of articles of commerce, oil the other. But no precise and invariably reliable line can be drawn, I think, between designs to be patented and designs to be copyrighted. Some things which have a mechanical function are capable also of being read and conveying ideas like ordinary print ; and an engraving may very well be a highly meritorious work of art, though serving also to indicate ownership or place of manufacture. In many cases, both kinds of pro- tection might properly be obtained; the one to guard against mere reproduction, the other against some special use. There are, further, divers rights, which courts will protect, that still are not registrable or patentable in any manner whatever. CANADA. The Canadian patent system is modeled partly on our own and partly on that of Great Britain. The application papers are similar to those re- quired for the U. S. Patent Office ; but the speci- fications and drawings are in duplicate, with a single sheet of card-board ; and the Canadian rules are very particular about the exact corre- spondence of the copies and other formal mat- ters. There is an examination as to novelty, but not so searching as with us ; and allowances can generally be more promptly obtained. The Government fee, due on filing, is ^20, one-half of which is returned in case of rejection. I 28 have not found this provision of much import- ance, however, all my applications having been allowed except one, in which the repayment was promptly made. There is no final fee. The patent runs for fifteen years, subject to the pay- ment of ;^20 at the end of the first five years, and ^20 more at the end of the first ten. A patent may be obtained at any time within one year after the grant of one elsewhere; but it is not well to postpone very long, for any person who begins the manufacture in Canada before the issue of the Canadian patent may continue it during the whole life of the latter, and will not be liable for infringement. The patented article, machine, or composition must not be imported into Canada after twelve months from the date of patent, though a single one as a specimen or pattern will do no harm. The in- vention must be worked in Canada within two years from the date of patent, and the work- ing must not be discontinued for two years at any time during its life. This, however, is not enforced as stated. Willingness to license and supply the market, coupled with a very slight effort to do so, is held sufficient. The law of reissues, disclaimers, caveats, infringe- ment, assignment, marking, &c., differs only in some minor points from that of the United States. My usual fee for Canadian patents is about $60, including the ;^20 Government fee, but when the invention is very simple may be less. In com- plicated cases it is sometimes as high as ;^ioo or more. For attending to the payment of the five- year and ten-year Government fees (which keep the patent alive) I usually charge ^5 each ; mak- 29 ing each payment $2^ in all. Preparing and re- cording assignment of Canadian patent usually costs $^ to $/[.. Caveat, including Government fee, ^25. A model or specimen is required for every Canadian patent, but need not be supplied till the latter is actually issued. The specifica- tions are not printed, nor are the drawings photo- graphed, but one of the copies of each sent by the applicant is returned to him after patent. TRADE MARKS. These are registered in the office of the Min- ister of Agriculture. Any proprietor of a trade mark may effect this registry. No suit for in- fringement can be sustained without it. The mark may be refused registration for lack of nov- elty, as tending to deceive, indecency, or lack of the " essentials " of " a trade mark properly speak- ing." It may be, at the option of the applicant, either general or specific. In the former case it applies to whatever he deals in ; whereas a specific trade mark applies only to a particular class of merchandise. A general trade mark lasts for- ever. A specific trademark lasts twenty-five years, and may be successively renewed, each time for the same period, as often as the proprie- tor desires. The Government fee for each gen- eral trade mark is ;^30 ; for each specific trade mark $2^ ; for each renewal of the latter ;^20. If any application is rejected the Government fee is returned to the applicant, except ^5. Provis- ion is made for interferences ; for cancellation of a trade mark registry when the proprietor so de- sires ; and for the correction of clerical errors. I 30 need, to prepare the application, specimens of the mark, a brief description or explanation and a statement whether the registration is to be gen- eral or specific. My own charge, including draw- ings, will be ;^20, in addition to above Govern- ment fees. DESIGNS. Registered for residents in Canada only. Du- ration five years, extensible to ten. Must be ap- plied for before publication. Copy of design and brief explanation needed to prepare for registry. Charge ;^I5, including government fee. Each renewal $\2. MEXICO. Duration ten years. Not affected by prior U. S. or other foreign patent or publication. Application papers similar to our own, but the power of attorney must be legalized by the min- ister or a consul of that country. These for- malities are rather costly. A brief notice of the application is three times published in the offi- cial gazette. Two months are allowed for oppo- sition. In some cases Congressional approval is necessary; but usually the patent, if unopposed, will issue soon after the two months. Never- theless, the administration of affairs in Mexico is even yet rather uncertain, though constantly improving. An arbitrary period for working may be set by Government, but generally this provision is not attended to. One-half of the 31 employes in Mexico under the patent must, if practicable, be Mexicans. The Government fees are allowed by statute to vary from ten dollars (;^io) to three hundred dollars (^300). No one can be certain, in advance, of what the fee will be ; but in most cases it is believed to be nearer the minimum than the maximum limit. My charge will be ordinarily two hundred and fifty dollars (^250), payable at the outset, with extra subsequent charge for all Government fees and charges in excess of ^50. CUBA. As this island comes with the other colonies under the Spanish law, and as it is ordinarily more important to Americans than old Spain, I insert it here. There is, however, a decided awakening in the latter country, making it a good market for patents on easily manufactured articles and other inventions requiring small capital ; also for fire-arms. The patent term is twenty years, if applied for before patenting in any other country ; if applied for afterward, it is but ten. The inventor applies in either of these instances; but if no such application is made, any one who will begin the manufacture in Spain may obtain a patent for five years. Medical compounds are not patentable. Working is re- quired within two years, and must not be inter- rupted for more than a year. Infringers are punished by heavy fines. Annual fees to Gov- ernment are required, beginning with 20 pesetas 32 ($6), and increasing each year by lo pesetas. My charge for a Spanish patent, including the first year's Government fee, is usually ^75. There are agent's charges and other incidental expenses in connection with the subsequent annuities (as in all other countries which have taxes after patent), making the second payment in all about ;^I5, the third ;^i8, and so on. Cuba is a favorite market for many American articles and some kinds of machinery, especially everything re- lating to sugar and tobacco. The same is true to a less extent of the neighboring island of Porto Rico, included in the same patent. The f entire population covered is about equal to one- ^ half that of the United States. ^ UNITED STATES of COLOMBIA. This country contains the railway across the Isthmus, from ocean to ocean, and the Panama Canal. It has, unlike most Spanish-American coun- tries, a well administered patent system, A pre- vious American or other foreign patent is no obstacle ; but the Colombian patent will expire with it. Working the invention is required with- in a year, and not to be interrupted for a year at any time thereafter. The inventor selects his own term of patent, from five years to twenty, each additional year adding ;^io to the cost. Usual charge, including all payments for one year, ^175, sometimes less. 33 CHILI. This is well known as the most enterprising of the South American republics, and a correspond- ingly good field for patents. The cost of obtain- ing one is uncertain. At least ;^200 would be required at the outset, with probably a further outlay before obtaining the patent. There are no annual or other payments afterward; and the laws are very strict against infringers. The term is eight years, if the invention has iDcen previ- ously published in another country, otherwise ten. It is often extended. BRAZIL. This Empire has a territory almost as large as that of the United States, and a population nearly twice that of Canada, though much less in- telligent. Seven months are allowed from the date of patent elsewhere before filing an application. The patent runs for fifteen years, or the life of the prior foreign patent, with annual payments, increasing at the rate of about ^5 per year. There is a formal examination, but allowance is pretty certain. The invention must be worked within three years. The operation of the patent may be suspended in any part of the country not properly supplied. The cost of the patent will not usually exceed $y^. 34 OTHER STATES and COLONIES. The other South American countries and the Central American States nearly all have patent laws ; but revolutions are so frequent and the ad- ministration so unstable, corrupt, and irregular, that this feature of civilization is neglected. The cost is ordinarily about ^200 or ;^250 in each; but for the majority of inventions the money would doubtless be thrown away. Guiana and the rather nlimerous insular colonies of England and other European nations also have, in many instances, individual patent systems, or grant patents by special legislative ordinance. Some of these may be worth considering in connec- tion with improvements in arts or branches of cultivation which are specialties there. To Americans Jamaica and Newfoundland are per- haps the most the most important. In each an U. S. patent is no obstacle ; the term is fourteen years or the life of the prior foreign patent; work- ing is required within two years, and there are no annuities. The cost of the patent is about ;^22 5 in the former and ;^200 in the latter. Bar- badoes, under its new law, has about the longest original patent term in' the world, twenty-one years, and costs less than most of them, {$17 S) but it has seventh and fourteenth -year taxes of ^15 and £2^ respectively. 35 EUROPE, GREAT BRITAIN and IRELAND. None of the colonies are included in a British patent, but the great wealth, dense population, and industrial supremacy of the mother country make such a patent in many instances the very most valuable in the world. Formerly the ex- pense of obtaining one was so great that it de- terred most American inventors and their as- signees from the venture; but this defect is now remedied, the Government fees prior to grant of patent being little more than half our own. The patent runs fourteen years, subject to the condi- tion of paying ^^50 at the end of four years and ^100 at the end of seven years. These payments may be distributed into annual sums of i^io and £1 5 if preferred. When made through an attorney there are moderate agency charges, of course. A British patent is not made void by a foreign patent or publication in any other country; but prior publication in Great Britain is fatal if con- clusively proved in court. In most instances this does not occur until several weeks at least after the U. S. patent, as before explained. The official examination is chiefly as to formal mat- ters, and few cases are rejected or persistently objected to. Oppositions are allowed, but occur only in a small minority of cases. 36 There is no restriction on importation. The feature of the new British patent law which least commends itself to Americans is that which al- lows the Board of Trade, on the petition of any person interested, to compel a patentee to grant licenses for a compensation fixed by said Board. This, however, will not be done unless it appears that the patent is not being worked in the United Kingdom ; or that the public is not reasonably supplied ; or that any one is prevented by the patent from working or using his own invention to the best advantage. None of these considera- tions, however, affect the validity of the patent. The British practice is much more lenient than our own with regard to what may be included in a single application, so that the aggregate cost of protection is sometimes far less. Many claims, also, which would be pertinaciously rejected here may be readily obtained there, and will hold good in court. This is especially true of such as would here be called functional, or claims for a princi- ple. There is no provision, as with us, for two years' public use before applying ; but by filing a provisional application, nine months' time may be obtained, during which the invention may be publicly worked and sold in Great Britain. As in our law, merely experimental use in the United Kingdom before application, or public use and sale anywhere else at any time will do no harm. The granting of extensions, though rather un- usual and accompanied by considerable expense, is not, as here, a matter of practical impossibility. There are provisions in the English patent law for disclaimers, interferences, the revocation of patents, and nearly everything which the United States law provides for. Assignments and other instruments of title are recorded in much the same way and have similar effect. Infringement suits are prosecuted and defended in accordance with the same general principles of law. The average expense is probably greater than with us, owing to their more cumbrous legal machinery and their curious division of lawyers into succes- sive strata, compelling the employment of two or three where one should suffice. A mitigating provision enables either party to demand and ob- tain the submission of a cause to arbitration. A provisional patent (total cost ^25) may be applied for, and the patent completed for ;^55 a little less than nine months later, there being some additional work when this method is adopted. An extension of time may usually be obtained by paying a small fine. If the patent be not completed it will be kept secret. The first importer or applicant is considered an in- ventor in the absence of clear proof of fraud, so it^s important to apply as soon as practicable. The declaration is made before a British consul or before a notary if there Is no consul in the in- ventor's neighborhood. Joint applicants need not all be inventors. Application may be made by way of communication to an English agent, but this plan involves an additional outlay of about $7.^0 and I do not advise it. My charge, when the complete application is filed in the first instance, is usually $y^, including Government fees. DESIGNS. Registration for five years. They need not be 38 decorative or aesthetic. If used outside of Great Britain they must be used in the latter also within six months from registration, or protection ceases. They are kept secret during the said five years, but are afterward open to inspection. Every ar- ticle to which they are applied must be marked R'd or Reg'd (according to the class) with thp registration number. Triplicate drawings of specimens are required. I need for such an ap- plication a specimen or specimens, a brief ex- planation of the nature and utility of the design and the articles to which it will be applied, and a statement of the name, residence, and business of the proprietor. My charge, including Gov- ernment fee, drawings, &c., will vary from ;^20 to ^25, according to the subject-matter. TRADE MARKS. These are granted for fourteen years, and the term may be extended at a cost of about ^10. To obtain a trade mark I require the full name, address and business of the applicant, three copies of the mark, a wood block or electrotype for making it, and a statement of the goods or arti- cles to which it is applied, and for how long it has been thus used. Every trade mark applied for is advertised by Government, and may possi- bly be opposed. In most cases it would, how- ever, be admitted to registry with little delay. It is assignable only with the good-will of the business. As to the proper subject-matter for registry, the British law is very similar to our own. The charge for obtaining it is $2^, Govern- ment fees included. 39 FRANCE. A French patent (including Algeria) lasts for fifteen years, or the term of any shorter prior foreign patent, subject to an annual payment of lOO francs, due on the anniversary of the date of application, which, with agency charges, will come to about $2^. There is no examination as to novelty, no oath or declaration is required, and a patent can usually be obtained with very little delay. Claims that would be objected to by the U. S. Patent Office will be allowed readily by that of France. The patent dates from the hour of application, though the actual grant may not take place till several weeks afterward. Medicines are not patentable, but in other re- spects the law as to subject-matter is the same as in England and the United States. A patent is held valid until declared void ; but the latter will be done at the instance of any interested party, on conclusively showing that the subject- matter is contrary to public morals, law, or order ; that the description is insufficient or misleading, or the principle undemonstrated ; that the in- ventor knew and suppressed a better way of putting his invention into practice ; that the in- vention is not new, or has been obtained by fraud from the inventor; that he or his agent has imported the subject of the patent into France without Government permission ; or that any annual tax has not been paid. No allow- ance is made for accidents under this latter head, and one day's delay is as fatal as a year's. The prohibition of importation is often a serious ob- jection, as the Government will generally refuse 40 a permit. In some cases, however, the mere appearance of manufacturing in France under a contract so to do seems to be sufficient, not- withstanding the actual fact of importation. [The article imported must be complete or it will not affect the patent. Thus importation of the ma- terial alone will do no harm. The invention must be worked within two years from the date of the grant of the patent, and working must not be abandoned for any two consecutive years thereafter; but almost anything that looks like a serious endeavor to get the invention on the market will be held sufficient. Proof of working should be recorded within the first two years. This will ordinarily cost from $2^ to ;^50, and in practice is not always attended to. A prior patent as such does not invalidate a subsequent French patent, but if the former (or any other complete description) be published in any country before the French patent is applied for the latter will not be valid. It will readily be granted and will stand until contested in court, but that is all. Further, any attempt to use as a scare -crow or means of intimidation a patent known to be void, for this or any other reason, will subject the patentee to the risk of punish- ment by fine and imprisonment, .provided the French courts can reach him. Advertisements, labels, stamps, Sic, must be marked " sans gar- eniie^' of '' Gouveryiement" after ^^ breve f or " brevete," under penalty of a fine. All the Gov- ernment fees for the full fifteen years must be paid before an assignment can be made. To avoid this great cost it is common to execute agreements to assign, which are enforceable by the courts. There are divers arrangements with respect to title, royalty, &c., not very uncommon in this country and England which cannot be effected in the same way or with the same cer- tainty in some of the Continental countries of Europe. Thus a royalty per article manufac- tured must not be stated in an assignment as the consideration, since the fee for recording the in- strument depends in some instances on the gross amount of the latter, and no one can say in ad- vance what it will be. A given amount per an- num would apparently suffice. Contracts or agreements may of course be made between the parties covering these points. My usual charge for a French patent is $'/^, all included. A patent of addition is used as a codicil for annexing improvements and after- thoughts, costs about ;^50, and requires no an- nual Government fees. DESIGNS AND TRADE MARKS. These may be protected in France at a cost to the applicant of about $40 each. To prepare the application, I need specimens of the design or trade mark and a brief explanation such as the applicant would naturally give in his letter trans- mitting it. GERMANY. Formerly there were a great number of patent systems in the German States, so that the aggre- gate cost of protection was very great ; but thes^ 42 I are now all swallowed by the Imperial German patent law, which extends over a population nearly as large as that of the United States, and a territory including most of the great commer- cial and manufacturing cities of central Europe. A German patent has, therefore, become one of the most valuable properties of the kind in the world. Whatever is patentable in the United States is patentable in Germany, excepting only articles of food, drink, and medicine and chemicals gen- erally. The system of examination is very much like our own, and the objection to including more than one invention is insisted on with equal rigor. The specification must be stated differently and more tersely; and the claims are differently drawn and construed. After the official objec- tions are disposed of, the case is thrown open to opposition by advertisement, as in England, Mexico, and some other countries. The law as to prior publication abroad is the same as in France ; and a discovery of the prior foreign pat- ent would result in the rejection of the case. The course to be pursued in filing the application is, therefore, the same as in France, except that it should be one day earlier, as the patent bears the date of the day after it is filed. The law of pat- ents of addition is very similar to the French. There is no restriction on importation ; three years are allowed; the working is not insisted on in the absence of any demand for the invention, and there are three months' grace for paying the annuities, in all of which respects the comparison with the French law is favorable to the German. On the other hand, the annual Government fee, though 43 only fifty marks at the end of the first year, rises to one hundred at the end of the second, and so on, increasing by fifty marks each twelvemonth. To this must be added agency charges, making the cost about ^17.50 the first year, ;^30 the second year, &c. Licenses, at a reasonable roy- alty, are compulsory, if the public interest is held to require them. The law of infringement is extremely and almost fiercely in favor of the patentee; the offender, if wilful, being punished by a fine of ^1,250, or a year's imprisonment. In addition to this the complainant may insist on a further fine of ;^2,5oo for his own benefit, (or take dam- ages instead by civil suit, as he prefers,) and may publish the sentence at the cost of the injured party. Infringement is not likely to occur very often in Germany. My usual charge for a Ger- man patent in a simple case is $y^, including the Government fee due on filing the case. The an- nual fees are due on the anniversary of the day of filing the application. TRADE MARKS. To secure registration in Germany, I need five small copies of the mark, a wood block or electrotype thereof, and an official certificate from the U. S. Patent Office that the mark has been registered here. An oath and petition are also required, each with the mark printed thereon or secured thereto by the notarial seal. The oath must be legalized and the certificate attested by a German consul. If it consists of words, letters, or figures only, proof must be given of 44 the applicant's right to use it in his own country prior to 1875. The Patent Office certificate of registration is generally the most available evi- dence of this. An official copy of it, legalized by a German consul, must therefore be appended. I attend to the matters of obtaining copies, cer- tificates, legalization, &c. It will be seen that there is a good deal of work, even before the appli- cation is made. My charge will usually be ^50 to ;^55, Government fee included. DESIGNS. . The requirements with respect to designs are much simpler. I need samples and explanation, with applicant's name, residence and occupation. Charge, ^40. AUSTRIA. The great Austro-Hungarian Empire ranks next in importance for our purposes after France and Germany on account of its population, wealth, its great cities, such as Vienna and Budapesth, and its mines and manufactures. A patent will be granted and held valid not- withstanding a prior patent in the United States. It runs for fifteen years or the life of a prior for- eign patent of shorter term. They must not have previously been worked or published in Austria. A separate patent is simultaneolisly published in Hungary on the same application without extra charge. Anything patentable in the United 45 States except food, beverages, and medicines may be patented in Austria and Hungary ; assign- ments and licenses are registered. The practice as to a single subject in an application is the same as in Germany and the United States. If desired, the specification will be kept secret ; but the infringer of a secret specification cannot be prosecuted for the first offence. This is a matter of some importance, since the penalty is by fine or imprisonment, as in Germany, though to a less extent ; also the confiscation or destruction of all tools, materials, &c., used in infringing. The first applicant obtains the patent and is sustained therein, whether the first inventor or not. Work- ing is required within a year, although it suffices to partly put together a machine, the elements of which have been made elsewhere, and which is not actually completed and operated until after the year ends. Improvements in guns and other implements of warfare are usually appropriated and paid for by Government ; or patents are re- fused altogether. It is common to obtain a pat- ent for one year and extend it from year to year by paying the annual Government fees. Such a patent is judicially construed as one for fifteen years, subject to annual payments. My charge, including the Government fee for the first year, will ordinarily be ^80. The registration of a trade mark in Austria will cost the applicant ;^35-. I require the same documents and data as for Germany. United States citizens are not al- lowed to register designs in Austria. 46 \ ITALY. In Italy the applicant may choose a longer or shorter term, varying from one year to fifteen years. Beside the annual tax, there is a propor- tional tax payable on applying for the patent. This latter varies with the period chosen. It is common to choose and pay for one year, and then extend the patent with each successive annual payment. This is rather expensive, however, as each application for extension involves some outlay. The total cost of application, including the proportional tax for three years, will be ;^8o. The annual payment for the second and third years will amount, with incidental charges, to about ;^I5 each. Then they increase by about ;^5, and this increase is repeated each three years. One year is allowed for working if the propor- tional tax has been paid for less than six years ; but the limit is two years if the proportional fees have been paid for six years or more. This lat- ter plan involves some extra cost (;^I5) at the outset, but has obvious advantages. It is not necessary that the parts of a machine should have been made in Italy. Setting up and working suffices. The Italian patent will expire with any prior foreign patent, but the latter is no obstacle to obtaining the former, though its prior publica- tion in Italy might make the Italian patent void. Lapse by non-payment of fees on the foreign pat- ent has no effect. Medicines are not patentable, nor are articles injurious to health. Assignments may be made and recorded as here, except that all the fees of the patent term chosen must first 47 be paid, if the assignment is to more than one per- son, in separate shares. The cost of the assign- ment depends on the consideration, but will never be less than ;^I5. Infringers are liable to a fine of about ^loo. To obtain registry of a trade mark in Italy, I require about the same data as in other countries, with the addition that the label or print showing the mark should con- tain the signature of the applicant, the name of the manufactory, and the name and location of the chief house of sale. My charge will be ^40. Designs may also be registered; information as to manufactory and place of sale not needed. Cost, ,$50. BELGIUM. This country, though small, is the most densely populated in Europe, and a veritable hive of manufacturing industry. Moreover, its prox- imity to France and Germany, and the facility with which manufactured articles could be in- troduced into them from it, make a Belgian patent a most desirable safeguard. Nearly 70,000 have been obtained. There is no difficulty and not much delay in obtaining it. Any one may do so except citizens of a country not granting reciprocity, and the subject-matter may be any- thing patentable in the United States, except medicines for human beings and some medical appliances. Patents of addition are granted, as in several other European countries. All other patents are either of invention or of importation. 48 The former run for twenty years, subject to an annual fee ; the latter expire with the prior foreign patent on which they are based, unless the term of that is more than twenty years. A patent of invention will be void if the subject- mater has been previously published in print or patented anywhere, or worked in the kingdom by any one other than the inventor or those claim- ing under him. A valid patent of importation may, however, be obtained, notwithstanding prior for- eign patents and governmental publications, al- though a complete prior description, published in any country by any one except a government, would be fatal. Six additional months for paying an annual fee may be obtained by paying a fine or extra tax. These annual fees begin at a very low figure, but increase with every year ; thus, with agent's charges, the cost for the first year is about $7-^0', for the second, ;^io, &c. The in- vention must be worked at least partly before the expiration of a year from the time it can be proven to have been worked in another country. This time may be prolonged another year by petition. The working must never be suspended continuously for one year. Nei- ther licenses nor assignments need be recorded, if they have a date attested by a notary's seal or some official document ; otherwise both must be recorded. The registration fee varies with the consideration. The assignor warrants title and validity, and the assignee can compel him to refund the purchase-money if the patent fails in either respect. My usual charge for obtain- ing a Belgian patent is ;^5o. 49 TRADE MARKS AND DESIGNS. These may be protected by registry. I require substantially the same data as in most other :ouptries. My charge for the former will be ^35, for the latter, ^40. HOLLAND. Trade marks alone are protected. Cost Same data needed as in England or Belgium RUSSIA. Patents of invention last three, five, or ten years, as chosen ; patents of importation from one to six. The former are invalidated by prior publication in Russia; the latter, not. Slight improvements are not generally regarded as pat- entable, and there is a rigid system of examina- tion, resulting in many rejections. Nevertheless almost any really valuable invention may be patented if application be made soon enough. A patent term runs from the grant, though pro- tection begins with application. As the proceed- ings are somewhat lengthy, a ten-year patent sometimes gives nearly twelve years' protection, with right to sue for infringement perpetrated during any part of it. There are no annual fees or other fees after patent; working is not re- quired until near the end of the first quarter of the nominal term; compulsory licenses are not so required; importation is not restricted, and a part of the Government fee is returned in case of final rejection. The Government may require special privileges for itself, paying therefor. Cost of patent, including Government fees, ;^350. For trade marks I need the usual data, with copy of U. S. certificate of registration and power of at- torney legalized by Russian consul. Cost, ^40. FINLAND, Though under the Czar, has a separate patent system. A commercial and agricultural country of frugal and thrifty people, bordering on the Baltic sea. It has kept something of its former liberty. The patent runs for twelve years, and costs about $17 S- SWEDEN, Under the law of 1885, only actual inventors or their representatives are entitled to apply. Official publication by a foreign patent office is no bar if the Swedish application is filed within six months thereafter. Any other complete de- scription, published anywhere before the date of said application, will invalidate the patent. Ap- plications are open to the public for two months, and may be opposed. Working is required within three years, and must not be discontinued for a year thereafter. Patents are granted for 51 fifteen years, subject to annual payments, which begin with 25 crowns and increase with the sixth and eleventh years by the same amount The number of patents taken out in this very solid and thriving country — population about equal to that of the State of New York — has been steadily increasing, and this law must give it a fresh impetus. Charge, ^^80. NORWAY. Patent usually ten years. Must be worked within two years from grant. Invention offi- cially published at patentee's expense, when the time has half expired, at a cost of ten dollars (Norwegian). If the invention is worked in any market town, the worker must become a citizen thereof Usual cost, $'j^. No annual fees, no compulsory licensing, no restriction on importation. PORTUGAL. Patents are not granted if the invention has been published in the realm before application, but a patent which does not reach Portugal until after said application will have no effect, except to limit the normal fifteen years of the Portuguese patent to its own duration, if less. The inven- tion must be publicly worked during the first half of the term. If left undisturbed during that half, its validity is unimpeachable afterward. 52 There are no annual taxes and not many vexa- tious provisions, except in the case of chemical patents, on each of which ^i,ooo extra must be deposited, subject to confiscation if certain cere- monial requirements be not complied with. Med- icines, food, and ornaments are not patentable ; but books, music, designs, and sculpture are so. Patents of addition are allowed ; but improve- ments will not be patented to any one except the original patentee during the first year. Either the inventor or first importer may obtain a pat- ent. The cost is about $17 S- LUXEMBOURG. This petty State derives some importance from its position between Belgium, France, and Ger- many. Of course infringers might locate them- selves there and manufacture with impunity, causing trouble in those countries. A patent costs $4.0. The law in nearly all respects is like that of Belgium. DENMARK— Including^Iceland. Duration of patent from three to five years. Working in first year and continually afterwards. No protection afforded against importation of the same articles by other parties. Patent easily ob- tained. Cost, ;^75. 53 TURKEY. Has now a law similar to that of France ; but the Government reserves the right to appropriate warlike inventions on payment. The duration of the patent is fifteen years. Annual payment, two pounds Turkish. Cost of patent, ;^I50. OTHER EUROPEAN COUNTRIES. Switzerland has no patent law ; though some of the smaller cantons occasionally grant patents. Greece, Servia, and Roumania afford special pro- tection sometimes by act of the legislature ; Bul- garia, Montenegro, and one or two other minor States offer no patent facilities at present; and patents are rarely obtained or worth obtaining in the small English dependencies along the Mediterranean and the North Sea. 54 ASIA. INDIA. A patent may be applied for at any time within one year from the date of the British patent No attention is paid by the Indian patent officials to patents granted in any other country; but the courts might hold a patent not valid if published either in Great Britain or India before applying for the Indian patent, pro- vided no British patent had been applied for. The duration is fourteen years, extensible to twenty-eight. An examination is made, but a patent can usually be obtained. No fees after patent ; no compulsory license ; importation allowed ; working not insisted on. No other patent in the world gives protection for so long over such an extent of territory and such an enormous population. Scarcely any exceeds it in any one of these respects. The cost of pat- enting a simple invention is ^150. CEYLON. This is now a thriving colony, with about two million population, including a considerable num- ber of European colonists. It has a law similar 55 in many respects to that of India, but even more liberal, allowing a patent to be applied for at any- time during the life of the British patent. Public use or publication in any other country than Ceylon has no effect whatever. A prior grant of patent in England simplifies the examination in Ceylon, and reduces its cost. About six months are usually required to obtain a grant. Duration, fourteen years, renewable for fourteen more. Cost usually ^150. If no British patent has been previously obtained, it may reach ;^250 or more. OTHER ASIATIC COUNTRIES AND COLONIES. Hong Kong and the Straits settlements grant patents; cost of each being usually ^150, and duration fourteen years. In the former the au- thorities have power to lay on heavy taxes at end of third and seventh years. Japan has a pat- ent law but no means of enforcing it; China, Persia, Afghanistan, Beloochistan, Anam, Siam, and Burmah have none. The remainder of Asia (both continental and insular) is mostly included under the patent laws of Russia, Turkey, Spain, &c. 56 AFRICA, CAPE OF GOOD HOPE. Duration fourteen years, limited by prior for- eign patent Tax of ^lo at end of three years; ^20 at end of seven. No compulsory licenses, no working. No invention patentable if pub- lished in the colony before application. The number of patents taken out has been of late years rapidly increasing. Cost, $iys. NATAL. Similar to above. Duration the same. Third year tax £S and seventh ^13. Cost of obtaining patent, ;^i5o. LIBERIA. Duration fifteen years. Granted for inventions not known or used in Liberia before application. Working within three years. Cost, ;^ 165. Nothing else in Africa at present worth con- sidering, except Algeria, which is covered by the patent law of France. 57 AUSTRALASIA, (AND MISCELLANEOUS ISLANDS.) NEW SOUTH WALES. No provisional protection. Duration of pat- ents usually fourteen years, and granted either to inventor or importer. Application subject to examination, but usually granted. If refused, part of the money is returned. No annual or other taxes after patent; no working required. The invention must not have been in public use nor on sale in the colony before application, nor described in any printed publication circulating there. There is no compulsory licensing. This is the oldest and, except Victoria, the most pop- ulous of the Australian colonies ; its growth has been marvelous ; and a patent there is beyond doubt very desirable in many cases. Cost, ^200. QUEENSLAND. The new law (i 885) is a close copy of the Eng- lish, except as to fees. The fourth years' tax is £^ and the eighth £40. Cost, ;^I50. After Vic- toria and New South Wales, the most important colony of Australia. 58 SOUTH AUSTRALIA, Grants patents to inventors only. Duration fourteen years. Disclaimers and caveats are provided for. The invention must not have been publicly used or offered for sale in the colony. Six months' prior testing or exhibition allowed. Working required within three years. No pro- vision as to prior foreign patent or as to publica- tion in print. Third and seven year taxes £2 los. Cost of patent, ;^i5o. VICTORIA. A new colony, but of somewhat greater pop- ulation than New South Wales, and equally important for patent purposes. Grant to inventor only, and for fourteen years. The invention must not have been previously worked or pub- lished in the colony, but prior patentee may obtain valid patent within one year from his foreign patent, notwithstanding publication or use in Victoria during that period, if without his consent. Taxes at end of third and seventh years. Patent may be extended for another four- teen years. The number of patents taken out has been between two and three hundred yearly, but is rapidly increasing. Cost, ^^150. 59 WESTERN AUSTRALIA. The smallest of all these colonies. A patent costs ;^350. Or the owner of an English patent can get letters of registration extending it to Western Australia. Cost, ;^225. NEW ZEALAND. Very many patents have been obtained in this young but enterprising colony, which has about half a million population of English and Scotch immigrants. Every application is open to public inspection and officially advertised. Within four days thereafter it may be opposed ; in which pro- ceedings follow which are somewhat like an in- terference but less prolonged and costly. This of course does not happen in most cases. Amend- ment is allowed under certain restrictions. The patentee's rights include the interval between the application and grant, except so much of it as may exceed a year. A patent is granted to the inventor only, and lasts for fourteen years. If a foreign patent has been granted, the owner re- ceives letters of registration running for the term of said foreign patent. These letters of registra- tion have the same effect as letters patent. Work- ing is required within two years from date of ap- plication. There is a Government fee of seven pounds five years from said date. With inci- dental expenses, agent's fees, &c., this comes to about $4$. My charge for obtaining patent, if unopposed, is usually ^150. 6o TASMANIA. Though on a separate island, this colony is a comparatively near neighbor to the main land of Australia. Duration of patent, fourteen years. Patents granted to actual inventor or his repre- sentative. The invention must not have been worked or published in the colony before appli- cation. There is an official examination. Three years' tax of £iS, and seven years' tax of ;^20. With agency charges, these come respectively to about ;^85 and ^iio. Provisional protection for six months if desired. Cost of obtaining patent, ^165. HAWAII. This little kingdom, better known as the Sand- wich Islands, is the first station in the Pacific west of our California coast, and has attracted considerable capital from that region. The most important occupation is sugar planting, in which, as in many other things, the latest improvements have been introduced — electric lights even being used in the fields to extend the working hours of the day — an excess of enterprise and industry to which our own farmers and planters have not attained. Communication with San Francisco is constant, and Americans constitute an important element in the population. Both the exports and the imports nearly doubled between 1878 and 1882. Presumably the increase has con- tinued, which would make the former now about 6i ;^ 1 3,000,000, and the latter about ^9,000,000. The position of these islands and their other natural advantages insure a future for them, A good part of the new patent law (1884) is quoted verbatim from that of the United States, but the term is made ten years instead of seven- teen, and prior public use is allowed for but one year instead of two. The first Government fee is $2$, and the final Government fee ;^5. The Gov- ernment fee for a caveat is ^5. Disclaimers, reis- sues, and designs are not provided for. A cav- eator need not be a citizen nor have declared his intention to become such. The papers may be either in English or Hawaiian. My charges, in- cluding all Government fees, are: Patent, caveat, ;^ 30; copyright, ;^ 15. MAURITIUS. This island, with its dependencies, in the In- dian Ocean, has a population of about 300,000. Invention must not have been worked or pub- lished in the colony. Most of the provisions of the law are the same as the Indian, but prior use or publication in England is no bar. Cost, ;^I75. FIJI ISLANDS. These now constitute a British colony, with a prosperous European settlement and many of the adjuncts and comforts of advanced modern 62 life. Steady future improvement and growth may be looked for. The patent runs for fourteen years. There are no annual or other fees after it is granted. No working is required. The application papers must be in duplicate, the declaration being slightly different from that required in England under the law prior to recent changes. Cost, ^^200. Most of the petty English insular possessions {e. g. St. Helena and the Falkland Islands) grant patents either under a regular patent law or by special ordinance. Indeed, there are few spots on the globe where some, form of protection cannot be obtained by sufficient expenditure of money and effort; but many of these minor states or possessions are so limited in territory, population, wealth and knowledge as to make the privilege worthless. As a rule, a man may fairly claim to have covered all that is worth having, in the whole patent-giving world, if he has secured protection in the United States, Canada, Mexico, Colombia, Chili, Brazil, Great Britain, France, Belgium, Luxembourg, Ger- many, Austria, Italy, Spain and Cuba, Russia, Sweden, Denmark, India, the Cape colony, four of the Australian colonies (omitting Western Australia), New Zealand, Tasmania, Hawaii and perhaps Fiji. SB 40"* S* ^;■^^V/^V \.^'i' ^^■V. "MS^: .J'^ ^v^iCM: ^foD^^ ^0 ^y^ v^^ ^^^%^^^. -a>- ,-^c'\*^\. ,^^' .o:^_ OCeSS BROS. LIBRARV aiNDINa ^ST. AUGUSTINE ;;j * FLA. .^^-^.V. .'"^