Evening star. [volume] (Washington, D.C.) 1854-1972, 1898-03-14
Union for the Protection of Industrial
Property.
REPORT OF THE BRUSSELS CONGRESS
An important Decision Regarding
Filing Of Applications.
REGISTERING TRADE MARKS

has been received from the delegates rep-
resenting the United States. Mr. Bellamy
Storer, United States minister to Belgium,
and Mr.. Francis Forbes, and is of marked
interest. There we're present at the con-
ference not only delegates from fifteen of
the states of the union, but delegates also
from seven states which have not yet ad-
hered to the union, among them Germany
anil Japan. From the active interest which
these delegates took in the proceedings it
is evident that objects of the union are
universally recognized as of the highest
Importance.
The propositions for amendment of the
convention, submitted by the United States,
looking toward reciprocity in the matter
of fees and the requirement of working,
and the matter of invention belonging to
certain classes which arc patentable. in the
United States but not in certain other coun-
tries, were held by the conference TO be
contrary to the general spirit of the con-
vention, but several solutions Of the diff
culties complained of were suggested which
would not be obnoxious TO the convention,
such as requiring of any inventor who has
applied for Il patent in foreign country
before applying in the United States, LIST,
the payment of the same fees in the United
States which are required III the foreign
country in which application was made:
I'd, the limitation Of :he patent granted in
the United States to the invention protected
by the foreign patent, and, Sd, providing
that the patent granted in the United
States within the time within which work.
ing Is required in the foreign country.
AS the fees exacted in many foreign
countries for the grant and annual taxes
on patents and the requirements Of. work
ing the invention in each country in which
it is patented are extremely onerous upon
our inventors and manufacturers, it is be-
lieved to be but right that foreign inventors
who take out patents here should not be
nor cd fo s3fr
easier conditions than they can in their
own countries.
Important to American Inventors.
The proposition submitted by the United
States for the purpose Of removing any
question as to the effect upon the right
of priority of the amendment of an appli-
cation found necessary In the progress of
the examination into the novelty of the
invention was favorabiy received. but was
not incorporated into othe convention, for
the reason that it was believed unneces
sary, 1t being the opinion Of the conference
that it was "incontestable that the restric-
tons given to the original description, dur
ing the preliminary examination cannot
prejudice the right Of priority established
by article f." This Is. of very great i'm
portance, as 1t had been generally under
stood that a United States inventor seek
ing to secure the benefits of the delay
convention must file in the foreign coun-'
tries the application as originally filed
here instead of the Application in the
amended form in which 1t became a pat
ent. Under the present understanding of
the convention, the United States inventor
having filed his appHca ton here may at
once offer his invention for sale in for
eign country or otherwise bring 1t to the
notice OF manufacturers there and yet
making application at any time within
seven months from the date Of his aDOli
cation here, obtain there valid patent.
A proposition to 50 amend the conven-
ton that patents granted in the several
countries shall be mutually independent;
that 49, that a patent granted for fourteen
years in one &C untry shall not shorten
the term of a patent subsequently in a
country in which the normal term is seven
teen or twenty years, received the support
Of the United States delegates and was
adopted by the conference.
The proposed extension of the delay of
priority to one year. the proposition that
patents worked to the extent required in
the country of origin should not be forfeit
ed for non-working in other countries for at
least three years from the grant of the pat
ent. and certain propositions relating to
trade marks, were discussed very fully, but
had to be left to be settled by correspond
ence. All Of these propositions, excepting
the particular proposition restricting the
registration of trade marks, were favored
by the United States delegates.
Registration of Trade Marks.
Tie United States delegates took an &C
tive interest in the discussion Of changes
proposed in the agreement respecting the
International registration Of trade marks,
though the United States is not at present
party to that agreement The purpose of
this agreement Is to make the international
bureau at Berne the center of a cheap reg
istratiCn which shall be efficient over the
territory OF the adhering states. Such a
registration is extremely desirable and is
practically necessity If our manufacturers
are to be protected in their foreign trade
as, unless their trade marks are registered
by them in each of the countries with which
they have wish to have an extensive
trade, they are liable to find their goods
stopped at the custom house. or even seized
as being an Infringement on the rlgntS OF
some citizen Of the country who has KNOW
ingly appropriated their trade mark ana
had it registered. This has, in fact, ire
quently happened, especially in Germany.
A United States manufacturing firm, whose
country to the other, recently complained
to this Office that their trade mark had been
copied and registered by German manu-
facturer, who was able, by virtue OF ms
registration, to stop their trade In that
country. The same thing is said to have
happened to an English manufacturer
whose trade mark is known all over the
world, who had however. failed to register
III IeTIflduy.
The fee for this international reslsIra.
ton was reduced to 100 francs Tor the nrst
mark and 80 francs for each OF all otner
marks for registration at the same ume
by the same owner. GIHT
Annexed to the report are number OF
papers of great interest. among these is a
statement made by the German delegates
in which they urge the extension OF the de-
lay of priority to one year, instead OF seven
months and abolition of forfeiture OF pat
ents for non-working.s seem to make
amendment as to these tTo points the con-
dition Of their adhesion 70 the convention:
Both of these are favored by the United
States delegates as being In the Interest
of our inventors. Ia S,n
Excluded Froma Frotection.
Among the other papersis statement Of
the inventions excluded from protection in
a number Of foreign Countries, and state
ment of the requirements as to working
the invention made IN certain countries.
In some countries the failure to manufac-
ture the invention in the country within
one year invalIdates q patent granted on
that invention. In others two. years, or
even three years, are allowed, and tmporta-
ton of goods made under the patent Is pro-
hibited. This means that the manufacture
er of an American invention must estab-
iish factories In each OF these countries or