The Washington times., 1903-08-10

tOr the information OF Americans WHO
wish to obtain patents in Germany for
their inventions, and who through
ignorance of the German law and prac-
tice at the imperial patent Office fire.
quently write to consular officers for
information. which 1t is difficult to make
clear and complete by correspondence.
Frank II. Mason. United States consul
general at Berlin, has made the follow
ing translation of a synopsis of the
German law and the more important de-
tails of usage at the patent Office:
Patents on inventions are issued in
the German Empire IN accordance with
the patent law Of April z, 1891. This
law came into force on October I, 1s9l.
replacing the law Of May %. 1877. and
is applied also to patents which had
been previously granted under the older
law
German patent oflce-The government
department which deals with the grant
ing of patents is the Kaiserliche Patent
Amt IN Berlin. This office receives the
applications and examines them as TO
correctness in form, as we'll as to orig
inality and suitability for patenting of
the object for which patent is asked.
Must Be an Invention.
Suitability for patenting-The object
for which a patent is applied must, &C
cording TO section / of the patent law,
always be an invention, and az the law
does not more fully explain the meaning
Of invention" the imperial patent Of
fee decides in each individual case &C
cording to its own judgment whether il
is an invention or not.
AS a condition for suitability for a
patent, 1t is presumed that the inven-
ton % is new at the time of applica-
tion. and t2) can be utilized. industrially
or IN trade
Additional patents-Patents on inven-
lions proposing an improvement on an
invention already applied for or pa
tented can be applied for by the paten-
tee Of the main invention or the owner
Of the patent already granted They
are free from fees after the second
year. and expire together with the CHIEF
patent
pplicants-There is no restriction in
the law as regards the person OF the
applicant; firms can also be applicants.
Aliens-AIiens can claim the protec-
tion of the patent law Just the same as
natives. but they must appoint an at
torney residing in Germany
If the imperial patent office, after due
examination. considers an invention to
be suitable for a patent, it orders the
publication Of the title and the date Of
application In the Imperial Gazette
(Reichsanzelger).
Objections and Complaints.
Objections-During the period of pub
lieation an objection can be filed
against the granting OF patent on ac-
count OF its unsuitabiIity. or the claim
that Il has been stolen.
Complaints-If the patent Office ar
rives at decision to refuse an appli-
cation. complaint can be filed by the
applicant within one month after re-
ceipt Of notification of such refusal.
Life of patent-The legal duration OF
a chief patent Is fifteen years from the
date OF application.
Official fees-Together with the appIi-
cation fee Of 20 marks CS476) is to be
paid il, and during the period Of pub
LEGATION the first annual fee of 30 marks
(S7.14) must be paid. After that there
are duo on the chief patent annual fees
amounting 10 90 marks glib for the
second year. and increasing by 80 marks
from year 20 year. Date of payments be
coming due 70 the anniversary Of the
date OF application. Payment can be
made without an extra fee within six
weeks after becoming due, and within
tho following six weeks with an extra
Zee OF 10 mark8 tS2.3S). There is no
extension Of time for the payment Of the
first years fee.
Complaints are subject to a legal fee
OF 20 marks (s4.76), and every applica-
t!oa for annulment or withdrawal OF a
patent must be accompanied with a pay
ment OF 90 marks (SI1.19)
Designation Of patented objects-The
dosigIa;icn OF patented articles ia not
required by law. but = assists the owner
o. the patent IN the prosecution OF
parties infringing the patent. The usual
designation IS d. r. p. No. -tGerman
imperial patent No. y.
Withdrawal OF a patent on account OF
nonmanufacture-No limit OF time is pre-
scribed IN Germany for the manufacture
@: a patented article. but according to