National Republican., 1883-09-17
FOREIGN PATENTS.
The Changes in the British Law which Go
Into Effect Next January
Some interesting Features Noted by n
Home ana Foreign Solicitor.

nb lOllOWluE luNtAOotlnB lnIOTInUllOn Ill
regard to the changes in tho British patent
laws, which go into effect next January, was
obtained yesterday from Mr.. s. j. Wallace,
solicitor of American and foreign patents:
The law and modes Of procedure aro changed
nearly throughout. A new officer the comp
troller, and patent Office are established for
business relating to patents, trade marks, and
designs. In making application for patent
on an invention the papers can bo sont by
mail instead Of requiring tho employment OF
an agent in London to deliver them by hand,
as now.
Tho first fee is reduced to G1, from G5,
which is one-third the cost in the United
States. This gives provisional protection for
one year instead of six months, as now.
10 complete tho patent, tho fees are f3 in
stead of 600, as before, and instead of $40 in
the United States. The patent thon runs for
four years. instead of three years, without
further fees. These prices illustrate the
recommendations of Commissioner Marble,
noticed yesterday.
Tho full term OF the patent remains four
teen years and tho later taxes remain the
same The first tax of $50 Is due in four
years, instead of three as now, and the last
tax of 9100 is due in eight years, instead OF
seven. If preferred, these taxes can be mado
i'll yearly payments, el0 each for the second
four years, and then increasing so rs to make
tho full f15O in thirteen years, which saves
'Viho ihbSiSSb anu oVAhV Gloh oh ehO iAAfSsb-
mont.
The applicant or at least one of them, If
more than one, must swear to being the truo
and first inventor. Heretofore, anyone, not
the first inventor, could get valid patent if
the invention was new in Great Britain.
The patent must contain one or more distinct
claims. Heretofore it has been usual, but
not necessary, to have claims.
Tho chances against getting the patent are
increased, as we'll as those of getting into
contests. They are these:
l. At each stage the papers are examined to
see II they are in good, approved form, and
whether the invention is fully described, if
not, they are required TO be amended. This
is one advantage to the applicant, but if not
satisfactory to him it may be contested.
IL. Where two applications are pending at
one time under tho same or similar titles,
they are examined to see if they appear to
comprise the same invention and if So the
latest may be refused. This also may be
contested.
III. When the complete specification is ac-
cepted, it is made public and advertised and
any one may within two months oppose the
sealing of the patent for these causesi That
the invention has been taken by fraud from
some ono; that it is already patented in Great
Britain and, that the application has been
reported against as appearing to contain the
same invention as prior dated applca-
tion. This opposition may be contested. and
door to enemies or those having contrary in
terests, TO worry poor inventors.
When all these things arc successfully
passed, the patent is sealed, and is then COM
plete.
The inventors rights begin in three scpa-
rate steps.
Priority of claim and safety from publica-
tons begin with the application.
lntringcments and the rights Of the pat
entee begin TO run from the acceptance of the
complete specification.
But suits and proceedings at law can only be
begun after the sealing Of the patent
When the right to convey by deed begin,
Is not stated. 1t begins nowy only after the
scaling of tho patent. But under this new
law the comptroller is made judge rs to the
ownership of patents, and anything which
satisfies him is enough to convey the title So
that whoever he enters In the register of pat
ents as tho proprietor has absolute power over
the patent, to sell it, to grant licenses, to deal
with 1t, and to give eileCtual receipts for any
of these things.
The owner can ask for the privilege of
amending his patent, so as to disclnim, cor
rect, or explain any part. But this must be
advertised, and within month any one may
oppose it, This may lead to n contest as to
what he may be allowed to change. No
change can be made to give tho pntentee
moro than, or different from, what he claimed
at first.
A new departure is that the patent binds
the government. The government may use
the invention by agreement with the patentee,
and even without that, on terms to be fixed
by the treasury, after hearing the parties
But the patenteo cen claim payment therefor
MS right which is now recognized in him as
against the crown.
The courts and committee of tho privy
council are empowered to call in tho aid of
an assessor, specially qualified, to assist in
trying and hearing suits for infringements
and other matters relating to patents and in
yentions which lawyers generally do not nm
derstand. This is good move and one we
will need to COPY.
Tho board of trade may compel the pat
entee to grant licenses on such terms as may
be deemed just in default of his granting
licenses OH reasonable terms. Where it is
complained that the patent is not worked in
the Kingdom, that the reasonable require
ments of tho public cannot be supplied, or
that any one is prevented from using another
inyentioh to the best advantage.
There arc provisions adopted looking to tho
establishment OF an international protection
for inventions, trade marks, and designs, 80
that when patent was applied for IN one
country in such system, tho applicant would
have seven months to make his applications
III the others, without risk of loss from publi-
cation OF subsequent applicants.
No ono must moddle With the royal arms
nor any arms liko the royal arms, without
the consent of her majrsty-or some one
else--or ho may be liablo to G2O fine accord
ing to section 1O6, which is certainly very
cheap, considering tho cost of moddling with
other peoples arms In this country. What
this has TO do with patents Is not stated. If
they could give patents on new arms, no
doubt II would bo u booming enterprise and
no need to mako the price low to encourage 1t
as a branch OF public economy.
wonderful Case.
nj IN ~ 4