If the application be not filed by the military or any other governmental administration (inclusive governmental enterprises), the applicant shall pay into the treasury of the Royal Hungarian Patent Office, for each right to which his application has reference, à fee of 50 kronen.

2. The Royal Hungarian Minister of Finance may reject the application without instituting proceedings. In this case the fee of 50 kronen, paid in conformity with the preceding paragraph, shall be refunded to the applicant.

The Royal Minister of Commerce, if he institutes the proceedings. charges the Royal Hungarian Patent Office with the conclusion of the proceedings.

3. The President of the Royal Hungarian Patent Office charges a member of the office with the preliminary preparation of the case, who hears the interested parties orally or in writing and takes the necessary proof.

The member so charged requests, upon communicating copies of the application and accompanying instruments thereof to the party entitled, against whom the action is taken, or if he be not domiciled within the domains, his representative residing therein, that he file a response with the member so charged regarding the application within a term fixed in the request. If the party entitled to the right does not reside in the interior and has no local representative his testimony shall be omitted.

The member so charged requests the known interested parties residing within the domains in a communication to be delivered, but the interested parties, either unknown or domiciled in a foreign country, through a notification to be published once in Szabadalmi Közlönv. The rules of practice in patent litigation is determinative for establishing proof.

The member so charged draws up a protocol regarding the proceedings which he submits to the president accompanied by a report.

4. The president submits the matter, upon the appointment of a referee, to the judicial division of the Royal Hungarian Patent Office. The referee may be also the member so charged. In the cases determined in Article 3 the question of rejection of the application is decided by the judicial division. An appeal may be lodged from this decision with the Royal Hungarian Patent Senate in accordance with the rules governing proceedings in patent litigation.

If the judicial division of the Royal Hungarian Patent Office does not determine upon the rejection of the application on one of the grounds stipulated in Article 3, it decrees to this effect and prepares a suggestion regarding the decision to be rendered by the Royal Hungarian Minister of Commerce in accordance with Articles 1, 2, or 4. The Royal Hungarian Patent Office submits the instruments, together with its suggestion, to the Royal Minister of Commerce, as soon

as the decision mentioned in the preceding paragraph has become legally operative.

5. The proceedings may be continued on the part of the office, in the event that the application for the annulment of the patent or design right is withdrawn.

6. The costs of procedure and representation are borne by each party.

7. The Royal Hungarian Minister of Commerce communicates his decision in accordance with the provisions contained in No. 3 of paragraph 3 of the same article to the parties interested.

8. The application and its final disposition, as well as the transfer of the consent to the use given shall be noted upon the register (register for patents, trade-marks, or designs), and if a patent is concerned, notice shall be published in Szabadalmi Közlöny; if, however, a trade-mark or a design is involved, publication shall be made in Központi Védjegyértestiö.

ART. 6. The grant of patents to subjects of France, Great Britain, Italy, and Russia remains suspended. Applications for patents that emanate from subjects of these cited countries shall not be accepted.

The President of the Royal Hungarian Patent Office may decide whether the proceedings, subject to the maintenance of the decree contained in the first paragraph, in respect of patent applications of subjects of the mentioned countries, shall be further suspended, and if so to what an extent, regarding patent matters in which the subjects of the countries mentioned in paragraph 1 are interested.

The registration of designs and trade-marks for subjects of France, Great Britain, Italy, and Russia remains suspended. Applications for the registration of designs and trade-marks from subjects of these countries shall not be accepted.

The provisions of these paragraphs are not applicable to such patent, design, and trade-mark applications, in which as a joint applicant a person is interested who is not a subject of a country designated in paragraph 1, if the legal conditions have been met prior to the day on which the state of war was entered into with the country in question (sec. 8).

ART. 7. The provisions of Article 6 are also applicable, subject to the restrictions contained in paragraph 2 of Article 3, to such rights and applications, which have been transferred by subjects of the belligerent countries in question to subjects of other countries or to natives subsequent to the day on which the state of war was entered into with the country in question (Art. 8).

The operation of the provisions of this decree shall not be precluded by the fact that a subject of another country has been substituted, in order to conceal the nationality of an enemy country.

93169-19- -22

ART. 8. August 5, 1914, shall be considered as the day on which the state of war commenced in respect of Russia; August 13, 1914, in respect of France and Great Britain; and May 24, 1915, in respect of Italy.

ART. 9. Subjects of the colonies and possessions of the countries mentioned in this decree are placed on a par with the subjects of the enemy countries in question.

ART. 10. Every person, as long as the same does not prove anything to the contrary, shall be considered a subject of the country, its colony or possession in which territory he has his domicile.

Juridicial persons and companies will be dealt with like the subjects of the country, the colony or possession thereof in which territory they are situated. In so far as the rights designated in paragraphs 1, 2, and 4 are concerned, there shall be placed on a par with the subjects of France, Great Britain, and Russia such enterprises or branch establishments of enterprises operative within a territory where this decree is in force, that are conducted or supervised from these countries, their colonies or possessions, or the profits from which are as a whole or in part remitted thereto, or the capital of which is wholly or partially owned by subjects of these countries, their colonies or possessions, wherever they are domiciled, regardless of the fact whether or not the enterprises or branch establishments are subjected to supervision or to another restriction on the part of the authority.

ART. 11. This decree becomes operative on the day of its publication. Its operation extends to the whole territory of the countries of the Hungarian sacred Crown.

(From Oesterreichisches Patentblatt, 1916; reprinted in Blatt für Patent, Muster und Zeichenwesen, Sept. 27, 1916.)

PATENTS TAXES FURTHER EXTENSION OF TERM FOR PAYMENT"WAR MEASURES "-DECREE No. 91,621 OF DECEMBER 20, 1916.

[Translation.]

Decree of the Royal Hungarian Minister of Commerce concerning the prolongation of the term for the payment of the annual taxes fixed by section 45 of the thirty-seventh legislative Article of 1895 concerning patents of invention.

By virtue of the power conferred by section 16 of the sixty-third legislative Article of 1912 concerning exceptional measures to be taken in case of war, and in accordance with the decree of the Royal Hungarian Minister of Commerce, No. 6981-1914, I decree as follows: ARTICLE 1. The provision of my decree of June 19, 1916, according to the terms of which the course of the terms for the payment of the annual patent taxes and additional taxes has been suspended

until December 31, 1916, is modified in the sense that the duration of this suspension is prolonged until June 30, 1917.

As to the remainder, my decree above cited remains in force with

out any modification.

ART. 2. The present decree shall become effective from the date of its publication.

Budapest, December 20, 1916.

(Signed)

BARON JEAN HARKANYI, m. p., Royal Hungarian Minister of Commerce.

(From 33 La Propriété Industrielle, 2, of Jan. 2, 1917.)

PATENTS-TAXES-FURTHER EXTENSION OF TERM FOR PAYMENT"WAR MEASURES"-DECREE No. 46,728, OF JUNE 26, 1917.

[Translation.]

Decree of the Royal Hungarian Minister of Commerce concerning the extension of the delay for the payment of the annuities established by section 45 of the thirty-seventh legislative Article of 1895 concerning patents of invention.

By virtue of the power conferred by section 16 of the sixty-third legislative Article of 1912 concerning exceptional measures to be taken in case of war, and in conformity with the decree of the Royal Hungarian Minister of Commerce, No. 6981-1914, I decree as follows: SECTION 1. The provision of my decree of December 20, 1916, No. 91,621, according to the terms of which the terms for the payment of patent annuities and additional taxes was suspended until June 30, 1917, is amended in the sense that this suspension is extended until December 31, 1917.

Otherwise my decree above mentioned remains in force without any modification.

SEC. 2. The present decree shall become of effect from the date of its publication.

Budapest, June 26, 1917.

(Signed)

ROYAL HUNGARIAN MINISTER OF COMMERCE.

(From 33 La Propriété Industrielle, 82.)

[DECREE OF 16TH DECEMBER, 1917.]

The provisions of the ordinance of 26th June, 1917, No. 46728, under the terms of which the periods of extension for the payment of patent taxes and additional taxes has been suspended until 31st December, 1917, are modified in the sense that the duration of this suspension is prolonged until 30th of June, 1918.

For the rest the ordinance referred to above remains in force without any modifications.

ITALY.

[NOTE. The Italian law and regulations of January 31, 1864, extended the Sardinian law of October 30, 1859, to the whole Kingdom of Italy. Certain sections were repealed, and all matters concerning patents were placed under the direction of the Minister of Agriculture, Industry, and Gommerce. The following is the law thus amended, transitory provisions being omitted.]

PART I-RIGHTS DERIVED FROM INVENTIONS OR INDUSTRIAL DISCOVERIES AND TITLES THERETO.

CHAPTER I.

RIGHTS OF INVENTORS.

ARTICLE 1. The author of a new invention or discovery in industry has the exclusive right of working the same and of deriving profit therefrom during the time, within the limits, and under the conditions prescribed by the present decree.

This exclusive right constitutes an industrial privilege.

ART. 2. An invention or discovery is said to belong to industry whenever the immediate object is:

(1) An industrial product or result.

(2) An instrument, machine, tool, engine, or any mechanical arrangement.

(3) A process or method of industrial production.

(4) A motor, or the industrial application of a force already known.

(5) Finally, the technical application of a scientific principle, provided it give immediate industrial results.

In this last case the privilege is limited solely to those results expressly pointed out by the inventor.

ART. 3. An invention or industrial discovery shall be considered as new when it was not before known or even when the particulars necessary for putting it into practice are unknown, though a general notion of it exists.

ART. 4. A new invention or industrial discovery already patented abroad, although published by reason of the foreign patent, confers on its author, or on those interested through him, the right of obtaining a privilege in the State, provided the patent be applied for be