Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-12-02
INVENTORS RIGHTS
Questions to Come Up Before the
Brussels Convention.
CONSIDERATION OF, TRADE MARKS
Propositions Submitted by the
American Bureau.
LENGTH OF CON ENCE
LENGTH OF CONFERENCE

The conference of the International
Union for the Protection of Industrial
Property, which assembled yesterday at
Brussels, Is regarded with much interest by
| inventors and business men, interested in
securing protection for their trademarks
| throughout the world. The convention is
| the result Of previous conventions for the
same purpose and is to carry into effect a
| number of reforms, the need of which
| has been shown by experience. A Star re-
porter today talked with Acting Commits
| sioner Greeley Of the patent office regard
| ing past efforts in this line Of work and the
| questions that will come before the con-
| vention in Brussels.
| Harmonixfnz Patent System Needed.
| 1.-The International Union for the Pro-
lection of Industrial Property said Mr..
Greeley, was primarily the outcome of
| certain patent congresses held in connec-
ton with the international exposition of
| 1873 in Vienna and 1873 in Paris At these
| congresses of persons interested in patents
from all nations it became apparent that
| to secure adequate protection for inven-
| lions it was necessary that the patent sys-
| TENS of the different nations should be
| brought more into harmony. Some Of these
countries grant patents without eXamfna-
| ton as to novelty. In others a careful eX-
| animation into novelty is made and no pat
| ent is granted unless the invention is found
| to be new. In those countries which grant
patents upon application without examina-
| ticn the patent granted is not valid if the
| invention not new. In this regard
| there is substantial uniformity in all coun-
| tries which grant patents namely that
| rovelty Is an essential to a valid patent.
| But as to what constitutes novelty there
| is wide difference in the practice of the
various countries. In the United States
novelty is not negatived by publication or
| public use prior to the date of the applca-
| ton. provided application is made by the
| first inventor and the public use has not
| continued over two years. In most of the
European countries publication or public
| use In the country prior to the filing of the
| application. were it only day prior, inval-
| idates the patent. In France. for instance,
| publication of description of the inven-
| ticn in any part of the world one day be-
! fore the application for patent Is sufficient
to lnvalidate the patent. In some other
| countries description in a printed publica-
| ton In another country does not invalidate
If the publication does not reach the coun-
! try in which the patent is sought before
| the filing of the application.
| There is material difference also as to
! the term OF the patent and the date at
| which 1t begins to ruin. In the United
States patents date from the issue and run
| term is but fourteen years, and as in most
| European countries, 1t begins to run from
| the date of filing. On account of these
differences in patent systems it was a
| matter of great difficulty for an inventor
| 10 secure valid patent for his invention
| IN more than one or two countries. If his
| United States patent issued before app-
| cation was made in France, the French
| patent was invalid because of the publi-
| cation of the United States patent in the
| Official Gazette. If. en- the other hand the
| French patent was granted before the
| United States patent, the term of the lat
| ter was materially shortened. Similar diff
| fculties were found with other countries.
| Organization in 1SS3
| 1T was to obviate such difficulties that
| the International Union was formed at
| Paris, March 20, 1898. The countries rep
| resented there which became parties to
| the convention were Belgium, Brazil
| France, Guatemala Italy, the Netherlands,
| Portugal, Salvador, Servia, Spain and
! Switzerland The United States had been
| invited to the conference and repre-
| scented there, but our representative was
! not empowered to sign the convention
| The United States became member of the
| union in 1887
| THE main feature of the convention, so
| far as patents were concerned, was article
| 4, which provided that any one who has
| regularly filed an application for patent in
| any one of the countries of the union may
| enjoy a right of priority of six months for
[ fling his application in each of the other
| countries; that is to say, the American in
| ventor may file an application in France
| and receive valid patent there notwith-
l
| or even its use here. even in France.
| provided he does so within six months
| (seven months for countries beyond seas)
| from the date on which he filed his appli-
| cation here. The Importance of this fea-
| ture Of the convention is very great. I'm
| der it an inventor having filed his applca-
| ton here may proceed at once to sell the
| device invented in any foreign countries
| and may thus ascertain whether 1t meets a
| public demand and whether it is worth
| while to take out foreign patents, or he can
| offer the invention for sale. In short, he
| has six months within which to test his
| market.
| Another important provision Of the con-
| ventlon IS found in article 3, which pro-
| vides that the Introduction by the patentee
| into countries where the patent has been
| granted of articles manufactured in an
| other country shall not entail forfeiture of
the patent. Except for this provision the
| American inventor after having taken out
a valid patent in France would. if he in
| troduced INTO that country articles made
under his invention in this country. i'm
mediately forfeit his French patent. The
| same is true of other countries.
Central Once.
| 1.-The convention as originally agreed to-"
continued Mr.. Greeley. provided for a
| permanent central office of the union,
which is supported by contributions from
| the several members of the union, the
share Of the United States being about
500 each year. This central office is To-
| Gated in Berne Switzerland. and is known
as the international bureau of the union
for the protection of industrial property.
| NJ. Morel is director of this bureau and NJ.
| Frey-Godet is the secretary. A journal
known La Propriete Industrielle is pub
| ished by this bureau monthly.
Two conferences O. this International
| Union, besides that at Paris In 1888, have
! been held. At Rome in 1886, at which we
were represented. although not then
member of the union, and at Madrid in
1890. at which conferehce we repre-
scented by Mr.. Francis Forbes of New York
and the late Col F. A.: Seely, a principal
examiner of the patent office.
Have the agreements at these meetings
In the past fulfilled the-wishes of the pat
ent office" Mr.. Greeley was asked.
THE convention as originally agreed on"
Mr. Greeley replied, was not in all points
satisfactory to thf,. United States. Owing
to our system of preliminary examination
and the fact that the patent dated from its
issuance and not from the filing of the ap-
plication. 1t was attempted at the Madrid
conference to secure an amendment by
which The right Of priority. referred to
| Usually the DELAY or Drjorjty' should