If none of these pleas be sustained, and the infringement be proved, the court can assess damages sustained, and increase the amount at its discretion, levying the amount from the infringer.

If the plea should be sustained that a certain material part of the patent is old, but at the same time it be found that the patentee was ignorant of the fact, and that another material part of the invention has been infringed, the case will be decided against the infringer, but without costs.

To successfully plead abandonment of the invention to the public, it is necessary to show that the invention was publicly used, worked, or sold extensively in the United States by parties independent of the inventor, with the knowledge and tacit or expressed concurrence of the inventor before his application for a patent, or that by some well-defined action he offered the public the free use of it. Allowing others to use the invention as an express favour or on royalty for a period of less than two years immediately prior to the application for the patent, is not an abandonment to the public. But the tacit or open concurrence in independent parties using, working, or selling the invention in the United States prior to the application, is an abandonment to the public.

The description of a part of an invention in a patent specification without claiming it, but claiming other parts, and allowing the public free use of the unclaimed part for years, does not amount to an abandonment of the unclaimed part to the public; but on the contrary, by surrendering the patent and applying for a re-issue, the inventor can claim his neglected part and stop all further infringements.

DESIGNS.

Fatents are also granted for new designs or patterns of manufactured articles. These do not require a model,

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if the drawings and specification fully describe them. They are granted for three and a half, seven, or fourteen years, at the option of the applicant, the price of course varying. Except in these respects, the same rules apply to patents of design as of invention. These patents of design are liable to considerable abuse, as it frequently happens that a manufacturer having failed to obtain a patent of invention, owing to want of novelty, secures a patent of design, and marks the articles" Patented Feb. 24, 1878," or whatever the date may be, thus giving the public to believe that the article itself is patented, whereas it may be that an ornamental design forming part of the machine is the sole portion really protected.

As in the "United Kingdom," so in the United States, a word of caution will be useful as regards unscrupulous or dishonest patent agents. The commissioner, with the consent of the secretary of the interior, can, on the grounds of gross misconduct, refuse to recognise any person as a patent agent, either generally or in any particular case, but this action only weeds out the utterly flagrant cases, and there are black sheep in the profession in the United States as in England.

In his report in 1869, the commissioner of patents writes: "Honest and skilful patent agents, with a "thorough knowledge of the practice of the office and "of patent law, and who are able and willing to advise "their clients as to the exact value of the patents which

they can obtain for them, may be of much service to "inventors. There are many such; but those who care "for nothing but to give them something to call a patent, "that they may secure their own fee, have in too many "instances proved a curse. Between such men and the office the strife is constant. This tendency is aggra"vated by those who solicit patents on contingent fees, "and who, without special training or qualifications, adopt this business as an incident to a claim agency.

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"Such men are often more desirous of obtaining a patent "of any kind and by any means than they are of obtaining one which shall be of any value to their "clients."

There are about twenty-one thousand applicants for United States patents yearly, of which about 15,000 are granted, upwards of 250,000 having been issued altogether, and of this enormous number eighty-one per cent. are still in force. Copies of specifications can be had at low rates, as in the English patent office; usual charge by patent agents, 4s ($1). The cost of an original patent when unopposed, exclusive of model, but including all other agency and government fees for residents in America $65 to $100, for non-residents $100 to $120 (£20 to £24).

Re-issues from $60 to $80 (£12 to £16).

Caveats fees for residents or citizens only, $25 £5). Simple assignments, $2 to $5 (10s. to £1). Patents for designs, 3 years, $40 to $65 (£8 to £11). 7 years, $45 to $70 (£9 to £14). 14 years, $60 to $85 (£12 to £17).

URUGUAY.

(Population, 440,000.)

This country is in pretty much the same condition as Paraguay as regards patent laws.

VENEZUELA.

There is a very good patent law, but poor unstable government to make it of value. Very few patents are taken out, and then chiefly by residents. Cost about £35.

VICTORIA.

(Population 850,000.)

Duration of patents fourteen years, limited by expiration of prior foreign patent of shortest term. Provisional protection for six months, on deposit of complete specification, which specification may be afterwards amended. Patents granted only to the actual inventor or his representative. The invention must not have

been previously worked or published in the colony. There is an official examination. Notice to proceed having been given, and duly advertised by the applicant or his agent, and the official examination being undergone, the law officer can issue his warrant for letters patent, subject to such restrictions and conditions as he may deem fit. These formalities must all be accomplished within the six months of provisional protection. At the end of three years there is a tax of £15 ($75,) and at the end of the seventh one of £20 ($100). Patents can be renewed before the expiration of the fourteen years, for another term of fourteen years, or less, at the option of the Governor in Council. Assignments and licences must be duly registered at the patent office. Disclaimers can be filed as in England (see page 17), and confirmations (see page 15), instead of being as in the mother country practically unavailable from the difficulty and expense of appealing to the judicial committee of the Privy Council, are in Victoria practical, and very satisfactory modes of getting over some slight flaw in the deeds. A special commission sits on petitions for confirmation and prolongations; all interested parties are advertised to appear before it, and if the Commissioner decide that it is advantageous to grant the confirmation, it is granted in such manner as not to injure legitimate existing interests opposing. The law as relates to infringements, and almost all

other matters, is the same as that of Great Britain, from which it is in great part copied. The number of patents granted yearly is at present about one hundred, but it is very rapidly increasing. Cost of patent, £80 ($150).

WESTERN AUSTRALIA.

(Population, 30,000.).

The owner of an English patent can get letters of registration extending its action to Western Australia for £45, but an invention not patented elsewhere costs to protect it in the colony £70. It need hardly be said that very few patents of either kind are taken out.

WEST INDIES.

Cuba and Porto Rico (population, 2,000,000) come under the Spanish patent law.

Hispaniola, divided into the two republics of Hayti (population, 800,000) and St. Domingo (population, 175,000), has no patent law, but special privileges can sometimes be obtained from the two legislatures at moderate rates.

Jamaica (population, 560,000), the Windward Islands (population, 285,000), the Leeward Islands (population, 120,000), Trinidad (population, 110,000), British Honduras (population, 26,000), the Bahamas (population, 40,000), and Bermudas (population, 16,000), each require a separate patent, averaging in cost from £12 to £25.