1891) the care of the register of patent agents and the duty of holding
the necessary examinations for entrance into the profession.
British Dominions.—The following notes on colonial law give the salient facts. Prior to 1852 British letters patent extended to all the colonies, but the act of 1852 restricted the rights granted to the United Kingdom, Channel Islands and Isle of Man.
Australia.—The Commonwealth Acts are No. 21 of 1903, and No. 19 of 1906. They are founded on the English act of 1883 and amending acts. They provide for a department of patents controlled by a commissioner “under the minister” (§ 10 of 1903). Any person, whether a British subject or not, may apply for a patent (§ 32 of 1903). The term of a patent is 14 years (§ 64 of 1903). The Commonwealth or a state may acquire patents compulsorily (§§ 93, 94 of 1903). The act creates a new class of “patent attorneys” (§ 101, 1903). There is an examination as to novelty (§ 41 of 1903). The renewal fees amount to a sum of £5 before the end of the 4th year, and £5 before the end of the 7th year from the date of the patent.
Bahama Islands.—The law is regulated by the following acts of the colony: 52 Vict. c. 23; 53 Vict. c. 2; 54 Vict. c. 12; and 63 Vict. c. 3. Duration of patent 7 years, with power in governor to renew for another 7 years, and thereafter for a third period of 7 years. The fees are £10 on filing specification, £10 for second renewal and £20 for third. Apparently there is no preliminary examination as to novelty.
Barbadoes.—Acts of 1903 (No. 31) and of 1908 (No. 10). Duration of patent 14 years. The governor in council has power to grant compulsory licences. Fees are £2, 10s. on filing specification, £50 before the end of the 4th year and £100 before the end of the 7th year. No preliminary examination as to novelty.
Bermuda.—Act of 1902 (No. 51), on the lines of that of Trinidad.
British Guiana.—The law is regulated by ordinance No. 31 of 1902 and is practically the same as the English act of 1883. The fees are $15 on filing specification and $100 before the end of 7 years.
British Honduras.—The law of the 10th of September 1862 has been re-enacted with slight modifications (see supplement to Patent Laws of the World, No. 4, 1900). There is no examination as to novelty.
British India.—The law is now governed by Act 5 of 1888, which applies to the whole of British India. Duration of patent is 14 years. A preliminary examination into novelty might apparently be ordered. The following taxes are payable: annual sums of Rs. 50 from the 4th to the 8th year, and of Rs. 100 from the 8th to the 13th year of the term.
British New Guinea.—The Queensland Patents Acts, No. 13 of 1884 and No. 5 of 1886, have been adopted. See British New Guinea ordinance No. 6 of 1889, schedule A.
British North Borneo.—Straits Settlements law (No. 12 of 1871), adopted by Patents Proclamation 1887 (No. 1 of 1887).
Canada.—Patent legislation belongs exclusively to the Dominion Parliament [B.N.A. Act 1867, § 91 (22)]. The existing acts are c. 61 of 1886; 55 & 56 Vict. c. 24; 56 Vict. c. 34; and act of 1903. The duration of the patent is 18 years. At the time of application the applicant may pay the full fee required for that term (viz. $60) or the partial fee required for the term of 6 years ($20) or for the term of 12 years ($40). If a partial fee only is paid, the amount is stated in the patent, and the patent ceases at the end of the term covered by such partial payment, unless before the expiration of such term the patentee pays the fee required for the further term of 6 or 12 years, viz. $20 in the former case and S40 in the latter. There is a preliminary examination into novelty by examiners, with an appeal from the decision of the commissioner of patents to the governor in council. The patent is void unless it is worked in Canada within 2 years, or if after the expiration of 12 months, or any authorized extension of either of these periods, the patentee imports the invention into Canada, but conditions may be substituted for condition as to manufacture in Canada, as, for example, a licence to another to manufacture, &c.
Cape of Good Hope.—The law is regulated by act No. 17 of 1860. No. 24 of 1902 and No. 28 of 1904. There is no preliminary examination into novelty, and the act contains no provisions for compulsory working, or as to the importation of patented articles from abroad.
Ceylon.—The law is now regulated by act 15 of 1906. The duration of the patent is 14 years, with power vested in the governor in council to grant extensions of 7 and 14 years. There is a preliminary examination as to novelty, but there are no provisions as to compulsory working or the importation of patented articles from abroad. The renewal fees are Rs. 50 annually from before the expiration of the 4th to before the expiration of the 8th year from the filing of the specification, Rs. 100 after the expiration of the 8th and before the expiration of the 9th year, Rs. 150 after the expiration of the 9th and before the expiration of the 10th year, and Rs. 200 annually after the expiration of the 10th year to before the expiration of the 13th year.
Channel Islands.—These are not now included in grant of letters patent. See form of grant, schedule I., form D., Patents Act 1883.
Falkland Islands.—By ordinance No. 2 of 1903 letters patent for any invention may be granted to any person holding in the United Kingdom a valid patent for any invention or to any person to whom all interest in the patent has been assigned. The fee on application is £5.
Fiji Islands.—The law depends on ordinances No. 3 of 1879 and 7 of 1882, and order of December 29, 1890. The duration of the patent is 14 years. There is no preliminary e.lamination.and there are no provisions as to compulsory working or importation from abroad. The patent is not subject to any payment after issue. A fee of 5 guineas is payable on deposit of petition and specification. The fee for provisional protection is 5 guineas; on obtaining letters patent the applicant pays 10 guineas.
Gambia.—An ordinance (No. 5 of 1900) is practically identical with the English act of 1883. No. 5 of 1904 made international arrangements for protection of patents.
Gibraltar.—There is no patent law in Gibraltar, but special ordinances are sometimes passed extending the privileges of British patentees to the dependency for the unexpired residues of the original terms. See as examples No. 5 of 1890, No. 1 of 1896, and No. 1 of 1898.
Gold Coast.—The law is now regulated by the Patents Ordinances 1900 to 1906, which closely resemble the Imperial Act.
Hong-Kong.—The law is regulated by ordinance No. 2 of 1892. The inventor or assignee of any invention patented in England may obtain protection in the colony for the unexpired residue of the original term. If the English patent is extended by the advice of the Judicial Committee, an extension of the colonial patent may be obtained, or a new patent granted for the extended period. A fee of $25 is payable on grant of patent, and another fee of the same amount on grant of extension or original letters in lieu of extension. There is no preliminary examination, and there are no provisions as to compulsory working or importation from abroad.
Jamaica.—The law is still in substance governed by c. 30 of 1857. But under ordinance No. 15 of 1891 the stamp duty on letters patent is now £2 instead of £6, 10s., and there is no longer any fee payable on the reference to the attorney-general. There is no preliminary examination as to novelty, and there are no provisions as to importation from abroad.
Lagos.—Ordinances of 1900 (No. 17) and 1902 (No. 2) introduce substantially the English law.
Leeward Islands.—Act No. 3 of 1906 has adopted the English act of 1883. The fees are on filing specification £2, 10s.; at end of 4th year £20; at end of 7th year £40.
Malta.—The law is governed by ordinance No. 11 of 1899 and No. 7. of 1907, the duration of the patent is 14 years. There is no express provision for a preliminary examination into novelty. Provision is made for compulsory assignation or licence, where the invention has not been put into use within 3 years subsequent to the grant or its working has been suspended for 3 years continuously. The annual fees are £5 before the expiration of the 4th year from the date of the patent; £6 before the expiration of the 5th; £7 and £8 respectively before the expiration of the 6th and 7th years; £9 and £10 before the expiration of the 8th and 9th; and from £11 to £14 before the expiration of the 10th, 11th, 12th and 13th years.
Mauritius.—The law is still regulated by ordinance No. 16 of 1875. There is no preliminary examination as to novelty, and there are no provisions for compulsory working or importation from abroad.
Natal.—The law is still regulated by No. 4 of 1870. But certain details of practice are amended by No. 2 of 1895. There is no preliminary examination as to novelty, and there are no provisions as to compulsory working or importation from abroad.
Newfoundland.—The law is contained in the Consolidated Statutes, t. xii. c. 109. There is no preliminary examination into novelty. In addition to the office fees, the patentee is required to deposit with the colonial secretary the sum of $25, to be paid by him to the receiver-general for the use of the colony.
New Zealand.—The law now depends on No. 12 of 1889, amended in details by No. 8 of 1897. The duration of a patent is 14 years. There is no preliminary examination as to novelty, and there are no provisions as to compulsory working or importation from abroad. The following fees are payable: £2 on obtaining letters patent, £5 before the expiration of the 4th year and £10 before the expiration of the 7th.
Nigeria, Northern.—No. 12 of 1902 introduces practically the English law of 1883.
Orange River Colony.—Up to the outbreak of war in 1899 the law was regulated by ordinance No. 10 of 1888 and no change has yet been made. The term of a patent was 14 years. No preliminary examination as to novelty. Compulsory licences might be obtained. No prohibition of the importation of patented articles. The fee for signing and sealing the patent was not less than £10 nor more than £50. Taxes of £5 and £10 were payable before or at the expiration of the 3rd and 7th years of the term respectively.
Rhodesia, Southern.—Ordinance No. 7 of 1904 adopts practically the English law.
