Canada, Dominion Of

The laws of Canada follow somewhat closely the practice in the United States. The term of a patent is 18 years. The general practice, however, is to divide the fees, making payment only for a term of six years at one time. Applications are subjected to examination as to novelty and usefulness, as in the United States. The application must be filed in Canada not later than during the year following the issue of the United States or other foreign patent. If the inventor neglects to file his application within the 12 months, the invention becomes public property. It is not permissible to import the pat-ented article into the Dominion after 12 months from the date of the Canadian patent. Within two years from said date the manufacture and sale of the article under the patent must have been begun. These exactions may be relaxed under certain conditions.

Great Britain

The term of the patent is 14 years. After January, 1905, an examination will be made in Great Britain to ascertain whether the invention has been disclosed in the specifications of British patents granted within fifty years of the filing of the British application. While this will be the extent of the examination by the Patent Office, it will be sufficient to invalidate a British patent to show in court that the invention was published, or was in public use, in Great Britain before the priority of the British application. In Great Britain the true inventor should apply for the patent in his own name; but if the invention has been conceived in a foreign country, the first introducer may obtain the patent whether he be the true inventor or not. Under these circumstances, therefore, a foreign assignee may apply for the patent in his own name without the true inventor being known. After the fourth year there are annual taxes, gradually increasing in amount. The patent becomes void if the tax is not paid. No time is set within which the manufacture of the invention must be commenced, but after three years if the manufacture has not been begun, the patentee may be compelled to grant licenses, or the patent may be declared invalid.

France

The term of a patent is 15 years. There is no examination as to novelty, and the patent is granted to the first applicant, whether or not he be the true inventor. The life of the patent depends upon the payment of annual taxes. The patent must be worked in France within three years of the filing of the application. If these conditions are not complied with, the patent becomes public property.

Germany

The term of a patent is 15 years. The patent is issued to the first applicant, but if he is not the true inventor he should, before filing the application, obtain the written consent of the inventor. The application is subjected to a rigid examination. The patent is subject to an annual progressive tax, and must be worked within a period of three years.

Austria

The term of a patent is 15 years. The practice is somewhat similar to the practice in Germany, although the examination is generally not so exacting. The patent is subject to an annual tax and it must be worked within a period of three years.

Hungary

The term of a patent is 15 years. The laws are similar to those of Germany. There is a progressive annual tax and the patent must be worked within a period of three years.

Belgium

The term of a patent is 20 years. The first applicant obtains the patent whether or not he is the true inventor. There is a small annual tax, and the patent should be worked within three years or within one year of the working elsewhere.

Italy

The term of a patent is 15 years The patent is granted to the first applicant. The patent is subject to an annual tax, and the working must take place within three years.

Russia

The term of the patent is 15 years. The patent is subject to the payment of annual taxes and must be worked within five years.

Spain

The term of the patent is 20 years, subject to the payment of annual taxes. It must be worked within three years. The patent is issued to the first applicant, whether or not he be the true inventor.

Switzerland

The term of the patent is 15 years, subject to an annual tax. Working must take place within three years. Only the true inventor or his assignee can obtain a patent.

Norway

Term of patent is 15 years, subject to a small annual tax. The patent must be worked within three years. The application must be filed in the name of the true inventor or his legal representative. Application must be filed within six months of the publication of any prior patent.

Sweden

Term of patent is 15 years, subject to payment of an annual tax. The conditions are very similar to the laws of Norway, but the application should be filed before the issuing of a prior foreign patent.

Denmark

The laws are similar to those of Sweden.

Portugal

The term varies from 1 to 15 years, the fees payable depending upon the term of the patent.

Holland has no patent laws.

Australasia

The Australasia patent protects an invention in Victoria, New South Wales, Queensland, South Australia, Tasmania and Western Australia, but not in New Zealand, which has its own patent laws. The term of the Australia patent is 14 years, a tax being due before the expiration of the seventh year. When the patent is not worked the patentee may be required to give license for a reasonable consideration.

New Zealand

The term of the patent is 14 years, taxes being due before the end of the fourth and seventh years. There are no requirements as to working.

British India

The patent is granted for 14 years, and closely follows the British practice. The application should be filed within one year of the issue of the patent in any other country.

Porto Rico

It is possible to procure protection for industrial property by registering a certified copy of the United States patent with the Civil Governor and complying with the other legal formalities.

Philippines

The modus operandi is the same as that just described as applying to Porto Rico.

Cuba

Since Cuba has become an independent republic it has established a patent system. The term of the patent is 17 years. Working should be established within one year. No taxes after the issue of the patent.

Mexico

The term is 20 years. There are no taxes after the issue of the patent.

South American Republics

Patents are issued by all the South American republics. The principal countries in which patent protection is sought are Brazil, in which the laws are quite favorable to foreigners, Chile and Argentina. Patents are also frequently secured in Venezuela, Peru. Ecuador, Colombia and Paraguay, but only for certain classes of invention, owing to the expense involved in procuring the patents.

South Africa

Patents are obtainable in four important states, Cape Colony, Transvaal. Congo Free State and Orange Free State.

Japan has recently enacted a system of patent laws on a liberal basis.

China has no patent laws nor patent office.

The conditions under which foreigners may file applications in the countries having patent laws vary greatly, and no attempt has been made to specify under what conditions applications may be filed. In most countries, however, the issuance of a prior foreign patent will either defeat the issuance of the patent subsequently applied for in another country, or will render the patent invalid even if it is issued. Great care should be taken, therefore, to avoid having a foreign patent issue at such a time as to endanger the life of the patent at home. The many dangers and difficulties which have arisen from the differing laws and the varying practice in different countries have led to the establishment of rectifying provisions which lessen these various disparities and rendering them innocuous.

- Encyclopedia Americana.