the patentee as such, and of all the circumstances of the case. If it appears to the court that the patentee has been inadequately remunerated by his patent, it may extend the term of the patent to a further term not exceeding seven or, in exceptional cases, fourteen years, or may order the grant of a new patent for a certain term, with any restrictions or provisions it may think fit (Act of 1907, § 18). Patent privileges, like most other rights, can be made the subject of sale. Partial interests can also be carved out of them by means of licences, instruments which empower other persons to exercise the invention, either universally and for the full time of the patent (when they are tantamount to an assignment of the patentee's entire rights), or for a limited time, or within a limited district. By an exclusive licence is meant one that restrains the patentee from granting other licences to any one else. By means of a licence a patentee may derive benefit from his patent without entering into trade and without running the risks of a partnership. One of the regulations of the act of 1883 was that a patentee could be compelled by the Board of Trade to grant licences to persons who were able to show that the patent was not being worked in the United Kingdom, or that the reasonable requirements of the public with respect to the invention could not be supplied, or that any person was prevented from working or using to the best advantage an invention of which he was possessed. This regulation, however, remained practically a dead letter, for only three applications were made between the years 1883 and 1897, and these never proceeded to a hearing. After 1897 a few petitions were heard, but even so late as in 1908 there was only one petition and that was withdrawn by agreement between the parties. By § 3 of the act of 1902, the hearing of petitions for a grant of compulsory licences was transferred to the judicial committee of the privy council, but the act of 1907 substituted the High Court as the tribunal in the place of the judicial committee. It also laid down that the reasonable requirements of the public should not be deemed to be satisfied: (a) if by reason of the default of the patentee to manufacture to an adequate extent and supply on reasonable terms, the patented article or any parts thereof necessary for its efficient working or to carry on the patented process to an adequate extent or to grant licences on reasonable terms, any existing trade or industry or the establishment of any new trade or industry in the United Kingdom is unfairly prejudiced, or the demand for the patented article is not reasonably met; or (b) if any trade or industry in the United Kingdom is unfairly prejudiced by the conditions attached by the patentee before or after the passing of the act to the purchase, hire or use of the patented article or to the using or working of the patented process. Clause b is an endeavour to remedy an abuse by which patentees bound down purchasers and licences by all kinds of conditions. Section 38 of the act of 1907 contains also a further remedy, making it unlawful in any contract in relation to the sale or lease of, or licence to use or work, any patented article or process to insert conditions prohibiting or restricting the use of the patent or process from using articles supplied by a third person or requiring him to use other articles not protected by the patent. Such conditions are declared "null and void as being in restraint of trade and contrary to public policy."

Another new and very important provision of the act of 1907 is that dealing with the revocation of patents worked outside the United Kingdom. It may be stated here that in the year 1908 out of a total number of 16,284 patentees, 2819 were resident in the United States, 2516 in Germany, 822 in France, 334 in AustriaHungary, 200 in Switzerland, 166 in the Australian Commonwealth, 159 in Belgium, 155 in Canada, 139 in Sweden and 134 in Italy, It had been a common practice to take out licences in the United Kingdom (especially in the dyeing industry) in order to close the British market to all except the patentees and their licensees, the patented articles or processes being worked entirely abroad. Section 27 of the act of 1907 enacted that at any time not less than four years after the date of a patent and not less than one year after the passing of the act, any person might apply to the comptroller for the revocation of a patent on the ground that the patented article or process is manufactured or carried on exclusively or mainly outside the United Kingdom. The comptroller is given power to make an order revoking the patent forthwith or after a reasonable interval, unless the patentee can show satisfactory reasons. The insertion of this provision resulted in the establishment of many factories in the United Kingdom.

Legal Remedies. A patentee's remedy for an infringement of his rights is by civil suit, there being no criminal proceedings in such a case. In prosecuting such suit he subjects those rights to a searching examination, for the alleged infringer is at liberty to show that the invention is not new, that the patentee is not the true and first inventor, &c., as well as to prove that the alleged infringement is not really an infringement. But it may here be remarked that a patentee is not bound down (unless he chooses so to be) to the precise mode of carrying the invention into effect described in the specification. If the principle is new, it is not to be expected that he can describe every mode of working it; he will sufficiently secure the principle by giving some illustrations of it; and no person will be permitted to adopt some mode of carrying

the same principle into effect on the ground that such mode has not been described by the patentee. On the other hand, when the principle is not, new, a patentee can only secure the particular method which he has invented, and other persons may safely use other methods of effecting the same object. Instances of this occur every day; and it is well known that scores of patents have been taken out for screw-propellers, steam-hammers, water-meters, &c., each of which is limited to the particular construction described, and cannot be extended further. Again, where the invention patented consists of a combination of parts, some old and some new, the whole constituting a new machine or a new process, it is not open to the world to copy the new part and reject the rest. A man is not permitted to allege that the patent is for a combination, and that, the identical combination not having been used, there has been no infringement. If he has borrowed the substance of the invention, it will be held that he has infringed the patent. At common law a person who, alleging that he has a patent, threatens his rivals in trade, is liable to an action for damages, but the plaintiff cannot succeed without showing that the threats were made maliciously. The Patents Act 1883 provided another remedywhat is known as "the threats action." This has been incorporated in the act of 1907, § 36. The statute makes the good faith of the patentee threatening legal proceedings no answer to an action brought against him by any person aggrieved by his threats if the acts complained of are not in fact an infringement of the patent, and if the patentee fails with due diligence to commence and prosecute an action for infringement.

Extent and Construction. The patent when sealed is to have effect in the United Kingdom and the Isle of Man. The act of 1907, unlike the Patent Law Amendment Act of 1852, does not extend the monopoly to the Channel Islands.

The patent business of the United Kingdom is transacted at the Patent Office in London under the superintendence of the comptroller, an officer appointed by the Board of Trade, under whose direction he performs his duties. At this office is kept a register of all patents issued, of assignments of patents, licences granted under them, &c. An illustrated journal of patent inventions is published at the same office, where printed copies of all specifications can also be obtained. The fees payable to government on patents were considerably reduced by an order of the Board of Trade which came into operation on the 1st of October 1892, and may now be paid by convenient annual instalments. The following are the present fees: before the expiration of the 4th year from the date of the patent, £5 instead of fio; of the 5th year, £6 instead of £10; of the 6th year, £7 instead of 10; of the 7th year, 18 instead of 10; of the 8th year, £9 instead of £15; of the 10th year, £11 instead of £20; of the 11th year, 12 instead of £20: of the 12th year, £13 instead of £20; and of the 13th year, £14 instead of £20. The preliminary fees amounting to £4 were left untouched by the order but under the Patent Rates of 1905 an additional fee of £1 is payable on the sealing of the patent. The entire cost of a patent is now reduced from £154 to £100.

A new Patent Office was constructed on the site of the old buildings, the frontage extending from Southampton Buildings into Staple Inn. The number of applications for patents, which sprang from 5993 in 1883 to 17,110 in 1884, culminated in a total of 30,952 for the year 1892, since which date a steady decline set in down to 1900, when the number was 23.924. But the numbers went up again, reaching 30,030 in 1906, but only 28,598 in 1908. The number of patents sealed on application for a given year shows less variation, the minimum being 8775 for 1885 against 16,060 in 1907. The proportion of seals to applications varies from about 46 to 50%. The receipts from patent fees in 1908 were £262,890, against a total expenditure of £179.531.

The official publications of the Patent Office deserve some notice, as, in the absence of official investigation into novelty, the onus of search rests with the applicant or his agent. The procedure has been greatly simplified by the publication, on a uniform system and at a low rate (Is. per volume), of illustrated abridgments of specifications. From 1877 practically to date the searcher obtains a chronological digest of all specifications falling within a given class. To these classes there is a reference index, known as the abridgment class and index key," which at once directs the searcher to his proper class and index heading.

Patent Agents.-Patents are frequently obtained through the intervention of persons termed patent agents, who devote themselves to this branch of business. Their position is now regulated by statute. By the Patents Act 1888, it was provided that no person should, after July 1, 1889, be entitled to describe himself (and whoever does so knowingly incurs liability to a maximum penalty of £20) as a patent agent whether by advertisement, description of his place of business or otherwise, without being registered as such in pursuance of the act. But the act preserves the right to registration of every person who, to the satisfaction of the Board of Trade, shows that he had been bona fide practising as a patent agent before it passed. The Board of Trade is empowered by this statute to make from time to time general rules for the purpose of carrying out its provisions, and by rules issued in 1889, and reissued in 1891, the Board of Trade delegated to the Institute of Patent Agents (which obtained a royal charter in

1891) the care of the register of patent agents and the duty of holding the necessary examinations for entrance into the profession.

British Dominions.-The following notes on colonial law give the salient facts. Prior to 1852 British letters patent extended to all the colonies, but the act of 1852 restricted the rights granted to the United Kingdom, Channel Islands and Isle of Man.

Australia.-The Commonwealth Acts are No. 21 of 1903, and No. 19 of 1906. They are founded on the English act of 1883 and amending acts. They provide for a department of patents controlled by a commissioner "under the minister " (§ 10 of 1903). Any person, whether a British subject or not, may apply for a patent (§ 32 of 1903). The term of a patent is 14 years (64 of 1903). The Commonwealth or a state may acquire patents compulsorily (§§ 93, 94 of 1903). The act creates a new class of patent attorneys (§ 101, 1903). There is an examination as to novelty (41 of 1903). The renewal fees amount to a sum of £5 before the end of the 4th year, and £5 before the end of the 7th year from the date of the patent.

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Bahama Islands. The law is regulated by the following acts of the colony: 52 Vict. c. 23; 53 Vict. c. 2; 54 Vict. c. 12; and 63 Vict. c. 3. Duration of patent 7 years, with power in governor to renew for another 7 years, and thereafter for a third period of 7 years. The fees are £10 on filing specification, £10 for second renewal and £20 for third. Apparently there is no preliminary examination as to novelty.

Barbadoes.-Acts of 1903 (No. 31) and of 1908 (No. 10). Duration of patent 14 years. The governor in council has power to grant compulsory licences. Fees are £2, 10s. on filing specification, £50 before the end of the 4th year and £100 before the end of the 7th year. No preliminary examination as to novelty. Bermuda.-Act of 1902 (No. 51), on the lines of that of Trinidad. British Guiana.-The law is regulated by ordinance No. 31 of 1902 and is practically the same as the English act of 1883. The fees are $15 on filing specification and $100 before the end of

7 years,

British Honduras.-The law of the 10th of September 1862 has been re-enacted with slight modifications (see supplement to Patent Laws of the World, No. 4, 1900). There is no examination as to novelty.

British India. The law is now governed by Act 5 of 1888, which applies to the whole of British India. Duration of patent is 14 years. A preliminary examination into novelty might apparently ordered. The following taxes are payable: annual sums of Rs. 50 from the 4th to the 8th year, and of Rs. 100 from the 8th to the 13th year of the term.

British New Guinea.-The Queensland Patents Acts, No 13 of 1884 and No. 5 of 1886, have been adopted. See British New Guinea ordinance No. 6 of 1889, schedule A.

British North Borneo.-Straits Settlements law (No. 12 of 1871), adopted by Patents Proclamation 1887 (No. 1 of 1887).

Canada-Patent legislation belongs exclusively to the Dominion Parliament [B.N.A. Act 1867, § 91 (22)). The existing acts are c. 61 of 1886; 55 & 56 Vict. c. 24; 56 Vict. c. 34; and act of 1903. The duration of the patent is 18 years. At the time of application the applicant may pay the full fee required for that term (viz. $60) or the partial fee required for the term of 6 years ($20) or for the term of 12 years ($40). If a partial fee only is paid, the amount is stated in the patent, and the patent ceases at the end of the term covered by such partial payment, unless before the expiration of such term the patentce pays the fee required for the further term of 6 or 12 years, viz. $20 in the former case and $40 in the latter. There is a preliminary examination into novelty by examiners, with an appeal from the decision of the commissioner of patents to the governor in council. The patent is void unless it is worked in Canada within 2 years, or if after the expiration of 12 months, or any authorized extension of either of these periods, the patentee imports the invention into Canada, but conditions may be substituted for condition as to manufacture in Canada, as, for example, a licence to another to manufacture, &c.

Cape of Good Hope. The law is regulated by act No. 17 of 1860, No. 24 of 1902 and No. 28 of 1904. There is no preliminary examination into novelty, and the act contains no provisions for compulsory working, or as to the importation of patented articles from abroad.

Ceylon. The law is now regulated by act 15 of 1906. The duration of the patent is 14 years, with power vested in the governor in council to grant extensions of 7 and 14 years. There is a preliminary examination as to novelty, but there are no provisions as to compulsory working or the importation of patented articles from abroad. The renewal fees are Rs. 50 annually from before the expiration of the 4th to before the expiration of the 8th year from the filing of the specification, Rs. 100 after the expiration of the 8th and before the expiration of the 9th year, Rs. 150 after the expiration of the 9th and before the expiration of the 10th year, and Rs. 200 annually after the expiration of the 10th year to before the expiration of the 15th year.

Channel Islands.-These are not now included in grant of letters patent. See form of grant, schedule I., form D., Patents Act 1883. any invention may be granted to any person holding in the United Falkland Islands.-By ordinance No. 2 of 1903 letters patent for Kingdom a valid patent for any invention or to any person to whom all interest in the patent has been assigned. The fee on application is £5.

Fiji Islands. The law depends on ordinances No. 3 of 1879 and 7 of 1882, and order of December 29, 1890. The duration of the patent is 14 years. There is no preliminary examination, and there are no provisions as to compulsory working or importation from abroad. The patent is not subject to any payment after issue. A fee of 5 guineas is payable on deposit of petition and specification. The fee for provisional protection is 5 guineas; on obtaining letters patent the applicant pays 10 guineas.

Gambia. An ordinance (No. 5 of 1900) is practically identical with the English act of 1883. No. 5 of 1904 made international arrangements for protection of patents.

Gibraltar.-There is no patent law in Gibraltar, but special ordinances are sometimes passed extending the privileges of British patentees to the dependency for the unexpired residues of the original terms. See as examples No. 5 of 1890, No. 1 of 1896, and No. 1 of 1898.

Gold Coast. The law is now regulated by the Patents Ordinances 1900 to 1906, which closely resemble the Imperial Act. Hong-Kong.-The law is regulated by ordinance No. 2 of 1892. The inventor or assignee of any invention patented in England may obtain protection in the colony for the unexpired residue of the original term. If the English patent is extended by the advice of the Judicial Committee, an extension of the colonial patent may be obtained, or a new patent granted for the extended period. A fee of $25 is payable on grant of patent, and another fee of the same amount on grant of extension or original letters in lieu of extension. There is no preliminary examination, and there are no provisions as to compulsory working or importation from abroad.

Jamaica.-The law is still in substance governed by c. 30 of 1857. But under ordinance No. 15 of 1891 the stamp duty on letters patent is now £2 instead of £6, 10s., and there is no longer any fee payable on the reference to the attorney general. There is no preliminary examination as to novelty, and there are no provisions as to importation from abroad.

Lagos. Ordinances of 1900 (No. 17) and 1902 (No. 2) introduce substantially the English law.

Leeward Islands.-Act No. 3 of 1906 has adopted the English act of 1883. The fees are on filing specification £2, 10s.; at end of 4th year £20; at end of 7th year £40.

Malta. The law is governed by ordinance No. 11 of 1899 and No. 7. of 1907, the duration of the patent is 14 years. There is no express provision for a preliminary examination into novelty. Provision is made for compulsory assignation or licence, where the invention has not been put into use within 3 years subsequent to the grant or its working has been suspended for 3 years continuously. The annual fees are £5 before the expiration of the 4th year from the date of the patent; £6 before the expiration of the 5th; £7 and £8 respectively before the expiration of the 6th and 7th years; £9 and £10 before the expiration of the 8th and 9th; and from £11 to £14 before the expiration of the 10th, 11th, 12th and 13th years.

Mauritius.-The law is still regulated by ordinance No. 16 of 1875. There is no preliminary examination as to novelty, and there are no provisions for compulsory working or importation from abroad.

Natal. The law is still regulated by No. 4 of 1870. But certain details of practice are amended by No. 2 of 1895. There is no preliminary examination as to novelty, and there are no provisions as to compulsory working or importation from abroad.

Newfoundland. The law is contained in the Consolidated Statutes, t. xii. c. 109. There is no preliminary examination into novelty. In addition to the office fees, the patentee is required to deposit with the colonial secretary the sum of $25, to be paid by him to the receiver-general for the use of the colony.

New Zealand. The law now depends on No. 12 of 1889, amended in details by No. 8 of 1897. The duration of a patent is 14 years. There is no preliminary examination as to novelty, and there are no provisions as to compulsory working or importation from abroad. The following fees are payable: £2 on obtaining letters patent, £5 before the expiration of the 4th year and £10 before the expiration of the 7th.

Nigeria, Northern.-No. 12 of 1902 introduces practically the English law of 1883.

Orange River Colony.-Up to the outbreak of war in 1899 the law was regulated by ordinance No. 10 of 1888 and no change has yet been made. The term of a patent was 14 years. No preliminary examination as to novelty. Compulsory licences might be obtained. No prohibition of the importation of patented articles. The fee for signing and scaling the patent was not less than £10 nor more than £50. Taxes of £5 and £10 were payable before or at the expiration of the 3rd and 7th years of the term respectively. Rhodesia, Southern.-Ordinance No. 7 of 1904 adopts practically the English law.

St Helena. The law is regulated by ordinance No. 3 of 1872. The grantee of an English patent, or his representatives, can have the grant extended to the colony. All cases of doubt and difficulty not provided for by the laws of the colony are governed by the law in force in England. A fee of one guinea is payable on filing copy of letters patent and specification with the registrar of the Supreme Court." Sierra Leone.-No special regulations exist, but an ordinance practically identical with that of the Gold Coast is being adopted. Straits Settlements.-The law is prescribed by ordinance No. 12 of 1871. The duration of a patent is 14 years. There is no preliminary examination as to novelty, and there are no provisions as to compulsory working or importation from abroad. There is a stamp duty of $50 on the petition. No renewal fees are payable. Transvaal Colony.-Proclamations Nos. 22 and 29 of 1902 introduce substantially the English law.

Trinidad and Tobago. The law is regulated by ordinance No. 10 of 1900 and No. 13 of 1905. The duration of the patent is 14 years. There is no preliminary examination into novelty, and there are no provisions as to compulsory working or importation from abroad. A fee of £10 is payable on application for a patent. Turks and Caicos Islands. The law of Jamaica has been extended to these islands by No. 7 of 1897. See supplement to Patent Laws of the World, No. 3 of 1900. Windward Islands. In the Windward Islands other than Barbadoes, viz. Grenada, St Lucia and St Vincent, patents for invention were granted until recently only by special ordinances. See, e.g. St Lucia, ordinance No. 41 of 1875 (Tooth's patent). A stamp duty of £10 was payable in this island on letters patent for inventions (No. 6 of 1881, schedule). But ordinances based on the Imperial Act have now been passed, St Vincent (No. 5 of 1898). Grenada (No. 4 of 1898) and St Lucia (No. 14 of 1899).

Foreign Patent Laws.-For the text of these see Patent Laws of the World, ed. 1899 and supplemental volumes. But the following are the essential facts.

Algeria. French law applied by decree of June 5, 1850. Argentine Republic.-The law of October 11, 1864, is still in force. There is no provision as to importation from abroad. Austria.-A law of January 11, 1897, came into force on January 1, 1899. The principal changes introduced by this measure were these. A strict preliminary examination was made into novelty. The term of the patent was fixed at 15 years, and besides an application fee of 10 florins, annual fees were imposed rising from 20 florins for the 1st year to 340 florins for the 15th. The period for compulsory working was raised from 1 year to 3 years from the date of the publication of the grant of the patent in the patent journal. Provision was made for the conversion of patents under the old law of August 15, 1852 (extended to Hungary by law of June 27, 1878, and to Bosnia and Herzegovina by law of December 20, 1879) into patents under the present law.

Belgium.-The law is still governed by the law of May 24, 1854. Patents are granted, as in France, without guarantee of novelty.

Bolivia. The patent law depends on a law of May 8, 1858. The duration of the grant is in the case of a patent of invention not less than 10 nor more than 15 years; in the case of an imported invention, 3 years if its establishment requires an outlay of $25,000, if it reaches $50,000, 6 years, and if $100,000 or more, 10 years. The novelty neither of patents for invention nor of patents for imported inventions is guaranteed. The patent lapses unless the invention is put into complete practice within a year and a day from the date of the privilege, unless the omission is excused by justifiable causes according to law.

Brazil.-Patents are granted under the law of October 14, 1882. The patent lapses unless the invention is brought into effective use within 3 years from the date of the grant, or if such use is suspended for more than a year, except by reason of force majeure admitted by government to be a sufficient excuse. Besides expenses and fees, patents of invention are subject to an annual and progressive tax, commencing at $20 and increasing at the rate of $10 a year. The patents issued are without guarantee of novelty or utility.

Chile. The law is regulated by the law of September 9, 1840, decree of August 1, 1851, and laws of July 25, 1872, January 20, 1883, and January 20, 1888. There is a preliminary examination as to novelty and utility. Though the duration of a patent does not ordinarily exceed 10 years, the term may be extended to 20 years by the president of the republic, if the report of the experts on the nature and importance of the invention seem to justify it. There are no provisions as to importation from abroad.

Colombia.-Patents are granted under law No. 35 of 1869 and decree No. 218 of 1900. The term varies from 5 to 20 years at the option of the applicant. There is no preliminary examination as to novelty, and there is no provision as to importation from abroad. A patent for a new industry is void when such industry is idle for a whole year, unless inevitable circumstances have intervened. An applicant pays a sum of 20 pesos, which is forfeited if the patent is refused, and taken in part payment of the patent fee if it is granted. The patent tax is from 5 to 20 pesos a year for every year of the privilege.

Congo.-Patents are issued under a law of October 29, 1886, and a decree of October 30, 1886. They are of three kinds, patents of invention, of importation and of improvement. There is no preliminary examination as to novelty, and the patent expressly mentions that the grant is made without guarantee. The term of a patent of invention is 20 years. A patent of importation or of improvement expires in the former case with the foreign, in the latter with the principal patent. Patents of improvement are not liable to any tax; on other patents a payment of 100 francs is required. There are no provisions as to compulsory working or prohibiting the importation of patented articles. Costa Rica.-Prior to June 26, 1896, applications for patents had to be made to the Constitutional Congress. The matter is now dealt with by a law of the above-mentioned date. The duration of the term is 20 years. There is apparently no preliminary examination into novelty. The period for compulsory working is 2 years, and a patent which ceases to be worked during any 3 consecutive years becomes public property.

Denmark.-Patents are now granted under a law of March 28, 1894. The duration of the patent is 15 years, and no extension can be granted. There is a preliminary examination into novelty. The patent may, on terms, be appropriated by the state if the public interest demands it. The period for compulsory working is 3 years, and the patent will also lapse if the exercise of the invention is discontinued for more than a year. The patent commission may release the patentee from the obligation of manufacturing the patented article in Denmark, if satisfied that the cost of such manufacture would be unreasonable, on condition that the patented article is always kept on sale in Denmark. The tax is an annual fee of 25 kroner for the first 3 years, 50 kroner for the next 3, 100 for the following 3; then for 3 years 200 kroner yearly, and for the last 3, 300 kroner yearly.

Ecuador.-Patents are granted under a law of October 18, 1880. The provisions are identical with those given for Bolivia. Finland. The law is regulated by ordinances of January 21, 1898. The term of the patent is 15 years. There is a preliminary examination into novelty. The period for compulsory working is 3 years, the penalty for non-compliance being an obligation on the part of the patentee to grant compulsory licences. The tax consists of annual fees, commencing with the second year of the patent, and of the following amounts: 20 marks yearly for the 2nd and 3rd years; 40 marks from the 4th to and including the 6th year; 50 marks from the 7th to and including the 9th; 60 marks from the 10th to and including the 12th year; and 70 marks from the 13th to and including the 15th.

France. The law is still regulated by the law of July 5, 1844. The following additional points should be noted: The term of a patent of invention is 5, or 10, or 15 years, at the option of the patentee. Every such patent is subject to the following taxes, payable by annual instalments of 100 francs: 500 francs for a patent of 5 years, 1000 francs for a patent of 10 years, and 1500 francs for a patent of 15 years. A tax of 20 francs is payable on application for a patent of addition. Patents of addition are not subject to annual taxes. There is no preliminary examination as to novelty. A patentee is not obliged to mark patented articles as such, but, if he does, the words Sans Garantie du Gouvernement, or the initial letters of these words-S. G. D. G.-must be added, under liability to a penalty for omission of from 50 francs to 1000 francs. The provisions as to compulsory working (exploitation) are in the main so interpreted as to strike only at voluntary and calculated inactivity. The law of July 5, 1844 is applied to the French colonies by a decree of October 21, 1848, to Madagascar by decree of 1902, and as to French Indo-China, see decree of June 24, 1893.

Germany. Patents (the law as to which is not affected by the civil code of 1900) are granted under a law of April 7, 1891. The duration of the patent is 15 years. There is a strict preliminary examination into novelty. The period for compulsory working is 3 years, but it is sufficient if the patentee has done everything that is necessary to ensure the carrying out of the invention. A tax of 30 marks has to be paid before the grant. In addition to this there has to be paid at the commencement of the second and every following year of the term a tax amounting to 50 marks for the first year and increasing by 50 marks every subsequent year. An act of 1900 regulates the profession of patent agents.

Greece. No special patent law apparently exists. A private act is required, which can be introduced by a deputy and is treated like any other bill.

Guatemala.-Patents are granted under the law of May 21, 1886 and a decree of December 17, 1897. The term of the patent ranges from 5 to 15 years. An annual tax of 30 pesos is payable. The period of compulsory working is 1 year, and abandonment of working for a year forfeits the patent There is apparently a preliminary examination as to novelty (see Art. 16 of the decree of Dec. 17, 1897), but there is no prohibition of the importation of patented articles.

Hawaiian Islands.-Patents were issued till 1900 under the civil code (8$ 255, 256) and a law of August 29, 1884, which were not at first affected by the annexation of the islands by the United States. There was a preliminary examination as to novelty.

The maximum duration of the patent was 10 years. On application a fee of $5 was payable, the commissioner of patents received $20 for his examination, and a fee of $5 was payable when the patent was issued. No further payments. Now the United States law applies. Honduras.-No. 177 of March 10, 1898. Term not to exceed 20 years. Annual tax 5 to 10 silver pesos; in the case of foreigners 10 to 50 gold pesos. Hungary. The law in force is that of July 7, 1895. The duration of the patent is 15 years. The period for compulsory working is ordinarily 3 years. The annual taxes range from 40 kroner for the 1st year to 500 for the 15th.

Italy. The law is still governed by that of January 31, 1864, extending the Sardinian law of October 30, 1859 to the whole kingdom. There is no preliminary examination into novelty, and there is no provision prohibiting the importation of patented articles. Patents are subject (i.) to a proportional tax of as many times 10 lire as the years for which the patent is applied for, and (ii) to an annual tax of 40 lire for the first 3 years; 65 lire for the following 3; 90 lire for the 7th, 8th and 9th; 115 lire for the 10th and 11th; and 140 lire for the remaining 3 years.

Japan.-Patents are issued under an act which came into operation on July 16, 1899. The law as to subject matter resembles that of England and the United States. The term of a patent is 15 years from the date of registration. The patent may be annulled if the patentee has not worked his invention within 3 years from the date of the certificate of grant, or if, having discontinued such use for 3 years, he has refused a reasonable request by a third party for an assignment or a licence. An applicant not domiciled in the empire must appoint within 6 months a duly qualified agent by power of attorney. There is apparently a preliminary examination into novelty. The patent owner must affix his mark to the patent. The fees are calculated on a gradually ascending scale. Liberia.-Patents are issued under a law of December 23, 1864. The maximum term is 20 years. There is a preliminary examination as to novelty. A sum of $25 or $50 is payable on application, according as the applicant is a citizen or an alien. An invention patented by an alien must be put in practical operation within 3 years. There is no prohibition of the importation of patented articles.

Luxemburg (law of June 30, 1880).-The term of the patent is 15 years. There is no preliminary examination as to novelty, and the importation of patented articles is not prohibited. An annual and progressive tax, commencing at 10 francs and increasing by 10 francs annually, is payable in advance. The period for compulsory working is 3 years, and after the expiration of that period compulsory licences may be ordered.

Mexico (law of Oct. 1, 1903).-The duration of a patent is 20 years, with possible extension for another 5 years. The act defines what is patentable and what is not patentable. There is on request of the interested party, an examination without guarantee as to novelty. There are no provisions as to compulsory working (but compulsory licences may be ordered) or prohibiting the importation of patented articles. The tax ranges from $50 to $150. The patentee must also at the end of each 5 years of the grant, in order to keep the patent in force for another 5 years, pay 50 pesos at the end of the first 5 years, 75 pesos at the end of 10 years, and at the end of 15 years, 100 pesos. The Patent Office publishes a special gazette-La Gaceta Oficial de Patentes y Marcas. Nicaragua. Patents were, as a general rule, until 1899, granted only by special Act of Congress. But see now supplement 720, No. 15, Patent Laws of the World. Norway (law of June 10, 1885).-The term of the patent is 15 years. There is a preliminary examination into novelty. The invention must be worked within 3 years, and the working must not be discontinued for a year on pain of forfeiture. For each patent an annual tax is payable amounting to 10 crowns for the 2nd year and increasing by 5 crowns each year.

Panama.-Law 88 of 1904 adopts the rules prescribed by the laws of Colombia. The fee is an annual one of $20. Peru (law of Jan. 28, 1869 and law of Jan. 3, 1896).-The maximum term of the patent is 10 years, and the tax is an annual sum of 100 dollars. There is no preliminary examination into novelty. The period for compulsory working is 2 years, and the importation of patented articles from abroad (except models of machinery whose introduction is authorized by the government) is prohibited.

Portugal (law of Dec. 15, 1894).-The maximum term is 15 years. The patent tax is 3000 reis, payable in advance, for each year of the term for which the privilege is granted or renewed. There is no preliminary examination into novelty. The period for compulsory working is 2 years, and discontinuance of working for any 2 years at a stretch forfeits the patent unless the inaction can be justified. The importation of patented articles from abroad is not prohibited.

Russia (law of May 20, 1896).-The maximum term is 15 years; the tax ranges from 15 roubles for the first year to 400 roubles for the fifteenth. There is apparently (see Arts. 3 and 13) a preliminary examination into novelty, but none into utility. The period for

Spain.-Patents are issued under the law of June 7, 1902. There is no preliminary examination as to novelty, and the importation of patented articles is not prohibited. The duration of a patent is 20 years, and it is subject to an annual and progressive tax, as follows: 10 pesetas for the 1st year, 20 for the 2nd, 30 for the 3rd, and so on successively to the 5th or 20th year, for which the tax is respectively 50 and 200 pesetas. Sweden (law of May 16, 1884).-The term is 15 years. The annual tax is 25 crowns for the 2nd, 3rd, 4th and 5th years: 50 crowns for each of the following 5 years; and 75 crowns for each of the remaining 5 years. There is a preliminary examination as to novelty, the period for compulsory working is 3 years, and discontinuance during any entire year entails forfeiture. There is no prohibition of the importation of patented articles.

Switzerland.-Federal law of June 21, 1907. The term of rising from 20 francs for the 1st year by an annual increase of 10 the patent is 15 years. There is an annual and progressive tax, francs up to 160 francs for the 15th. There is no preliminary examination as to novelty. The patent is forfeited if the invention has not been carried into practice by the end of the 3rd year, or if patented articles are imported from abroad, while at the same time the proprietor has refused applications on equitable terms for Swiss licences.

Tunis (law of 22nd Rabia-et-Tani, 1306; Dec. 26, 1888).-The term is either 5 years (fee 500 piastres) or 10 years (fee 1000 piastres) or 15 years (fee 1500 piastres). There is no preliminary examination and two consecutive years' discontinuance of such working, unless as to novelty. The period for compulsory working is 2 years, justified, forfeits the patent. So also does the importation of patented articles, but the introduction may be authorized (i.) of models of machines, and (ii.) of articles, made abroad, intended for public exhibitions or for trials.

Turkey.-Patents are still granted under the law of the 2nd of and a patentee who mentions his title as such without adding March 1880. There is no preliminary examination as to novelty, maximum penalty of 45 Turkish pounds. the words "without guarantee of government," is liable to a

United States.-The American law may be considered at greater length. The Federal Constitution empowered Congress to promote the progress of science and useful arts by securing for limited times to inventors the exclusive right to their... discoveries." The existing American patent law is based on a series of Acts of Congress passed in virtue of this provision in the constitution, and on the judicial interpretation of these statutes. Between American and English patent law there is, as will appear in the course of this sketch, a considerable degree of similarity. The fact is not surprising when it is remembered that the Statute of Monopolies (21 Jac. I. c. 3) was, except in limiting the maximum duration of letters patent for inventions at fourteen years, only declaratory of the common law, and therefore formed part of the original common law of America. The English and American patent systems further agree in this, that they contain no provision as to compulsory working, and no prohibition of the importation of patented articles. But there are important differences between the two systems, not merely in points of detail, but in matters affecting the theory and practical working of the law. In England the consideration for the grant of a patent has all along been mainly the benefit which the public derives from the introduction of a new manufacture. In America greater emphasis is placed on the right of an inventor to have his merits rewarded. Again, under the Statute of Monopolies an inventor's exclusive privilege arises only in regard to inventions not known or used at the date of the grant, although it should be observed that under the modern Patents Acts the date of a patent, once granted, relates back to the date of the application. In the United States, on the other hand, the right is conferred on inventors to an exclusive privilege in such inventions as were not known or used before their discovery by the patentees. The practical bearing of this difference is explained in an admirable note on "The Statute of Monopolies in Ruling Cases, sub tit." Patent" (xx. 5): "It shifts the point of view in the important question of novelty. Many good American inventions have been given away in England by the premature publication in America of the inventor's proceedings. He is interviewed, and an article in the New York Sun, or some other paper, in due time finds its way to England. This does no harm in America; on the contrary, it is good evidence of the date of the actual invention. But it is fatal to a subsequent application in England."

The definition of patentability in American law is contained in sect. 4886 of the Revised Statutes of the United States as amended by an act of the 3rd of March 1897. In the following passage the amendments are indicated by italics:

Any person who has invented or discovered any new and useful art, machine, manufacture or composition of matter, or any new and useful improvement thereof, not known or used by others in this country before his invention or discovery thereof, and not patented or described in any printed p

tion of patented articles.

thereof or more

than two years prior to his application, and not in public use or on