Australian Commonwealth-Patents. Conversion of State Patents.. 1013 Australian Duty on Magazines, &c...... 1026 Bulgaria-Trade Marks. Law of January 14/27, 1904 (Concluded).... 1017 Great Britain-Patents. Applications Under International Convention....... 1007 Great Britain—Patents. Important Changes in Law and Practice.. Greece-Trade Marks......... 1007 THE Patent and Trade Mark Review A monthly journal for the publication of new laws and other related subject-matter. Volume 1, October, 1902, to September, 1903; Vol- ADVERTISING RATES. Personal Advertisements, 2 Cents per word. We do not solicit the advertisements of Patent Agents or Solicitors. WHILE THE UTMOST CARE IS TAKEN TO INSURE ACCURACY IN THE MATTER THAT APPEARS IN THE REVIEW, NO RESPONSIBILITY IS ASSUMED ON ACCOUNT OF ERRORS OR INACCURACIES WHICH MAY OCCUR THEREIN. Cuba. International Convention. The Republic of Cuba has notified its adhesion to the Union for the Protection of Industrial Property. This adhesion was effected by a notification dated September 22, 1904, addressed to the Swiss Federal Council. The Swiss Government notified the other States of the Union October 17th and Cuba's adhesion therefore became effective November 17, 1904. No rules have yet been issued to govern the practice under the convention. China. Trade Marks. Detailed Rules to govern the practice have been promuigated, as well as a classification of goods, comprising fifty-four classes. In the light of these rules the following are the DOCUMENTS REQUIRED. Power of Attorney.-Signed by the owner of the mark, before a Notary Public. Certified copy of home registration. Additional copy of same uncertified. Two Electrotypes of the mark, which must not exceed three inches in width or four inches in length. Twelve impressions or facsimiles of the mark. A Chinese translation must accompany each document filed. Greece. TRADE MARKS.-The Right to the Mark Determined by Priority of User. In a recent case referred to at length La Propriete Industrielle October 31, 1904, p. 189, the Correctional Tribunal of Athens has decided, in a contest between a party who had registered a trade mark, and another who claimed right to same by reason of earlier and long established use of the mark that the earlier user must prevail notwithstanding the fact that such earlier user was not upon Grecian territory, expressly declaring that "frontiers between the several countries having. been abolished by international treaties, it is immaterial whether the first public use has taken place in Greece or abroad." We have great satisfaction in calling attention to a decision expressing such broad and just views. PATENTS.-Applications Under International Convention. We are advised that the British Office has definitely adopted a new practice with regard to these applications. While heretofore it has accepted at applicant's pleasure certified copies of either, patent as issued, or application as filed, it will hereafter require a certified copy of application and specification as filed, or, in the alternative, certified copy of patent as issued together with a written assurance from applicant that the patent as issued contains nothing which was not in the specification as originally filed in the foreign country. Great Britain. PATENTS.-Important Changes in Law and Practice to Take Effect January 1, 1905 It will be remembered that certain features of the law of December 18, 1902, were not put in force at once, for reasons already stated. (See p. 335, Patent AND TRADE MARK REVIEW, where will also be found the text of the said law.) The provisions, enforcement of which was postponed, will take effect from January 1st, 1905, in accordance with Order of August 12, 1904 (PATENT AND TRADE MARK REVIEW, p. 943), and the Patent Rules, 1905, dated October 20, 1904, the text of which we give hereafter. Attention is called to the following, the same being the most important changes effected: Examination. All complete specifications filed after January 1, 1905, will be subject to examination as to novelty, the field for examination being the British patent specifications published within the fifty years preceding the filing of an application. If the Examiner cite one or more patents as anticipations applicant may amend to avoid same, or may be heard by the Comptroller in support of his claims. The Comptroller may require a reference to prior patents to be made in applicant's specification. Fees. An additional fee of £1 is required to be paid before the sealing of the grant. Provisional Protection.-The term is shortened from nine months to six months. Unity of Invention.—The new rule seems to promise greater strictness on this point. Term for Amendment.-This is fixed at two months. Appeal. The Comptroller's decisions are subject to appeal to the Law Officer. Documents Specifications.-A margin of at least one and a half inches should be left at the left side of the sheet, and space of two inches should be left blank at the top of the first page. Claims. These are required to be "clear and succinct" and "separate and distinct from the body of the specification," and "any unnecessary multiplicity of claims or prolixity of language should be avoided." Drawings.-See Rules 16 to 24, inclusive. It should be noted that the second or "true copy" of the drawings may be on tracing cloth. Great Britain. PATENTS.-Statutory Rules and Orders, 1904, No. 1652. THE PATENTS RULES, 1905. DATED OCTOBER 20, 1904. By virtue of the provisions of the Patents, Designs, and Trade Marks Acts, 1883 to 1902, the Board of Trade do hereby make the following Rules: Short Title. 1. These Rules may be cited as the Patents Rules, 1905. Commencement. 2. These Rules shall come into operation from and immediately after the 31st day of December, 1904. Interpretation. 3. In the construction of these Rules, any words herein used defined by the said Acts shall have the meanings thereby assigned to them respectively. APPLICATIONS FOR PATENTS. 4. The statement of the invention claimed, with which a complete specification must end, shall be clear and succinct as well as separate and distinct from the body of the specification. 5. For Rule 9 of the Patents Rules, 1903, the following Rule shall be substituted : One Invention. When a specification comprises several distinct matters, they shall not be deemed to constitute one invention by reason only that they are all applicable to or may form parts of an existing machine, apparatus, or process. Applications for Separate Patents by Way of Amendment. Where a person making application for a patent has included in his specification more than one invention, the Comptroller may require or allow him to amend such application and specification and drawings or any of them so as to apply to one invention only, and the applicant may make application for a separate patent for any invention excluded by such amendment. Every such last-mentioned application may, if the Comptroller at any time so direct, bear the date of the original application, or such date between the date of the original application and the date of the application in question, as the Comptroller may direct, and shall otherwise be proceeded with as a substantive application in the manner prescribed by the said Acts and by any Rules thereunder for the time being in force. Where the Comptroller has required or allowed any application, specification or drawings to be amended as aforesaid, such application shall, if the Comptroller at any time so direct, bear such date, subsequent to the original date of the application and not later than the date when the amendment was made, as the Comptroller shall consider reasonably necessary to give sufficient time for the subsequent procedure relating to such application. PROCEDURE UNDER SECTION I OF THE PATENTS ACT, 1902. Power of Comptroller to Post-Date. 6. If after the leaving of any complete specification the Examiner reports that the nature of the invention is not sufficiently disclosed and defined to enable him to make the investigation prescribed by sub-section 1, and the Comptroller has required amendment of the specification and drawings, or either of them, the application shall, if the Comptroller at any time so direct, bear such date, subsequent to its original date and not later than the date when the requirement is complied with, as the Comptroller may consider reasonably necessary to give sufficient time for the subsequent procedure relating to such application. |