PATENTS & TRADE MARKS IN WAR TIME.

Dominion, Volume 8, Issue 2281, 15 October 1914, Page 9

PATENTS & TRADE MARKS IN WAR TIME.

ACTION OP THE IMPERIAL GOVERNMENT The following information ha? Tbeort supplied to us oy Messrs. Baldwin and Bayward, iii regard to steps recently taken by the Home Government in connection with patent matters of the subjects of belligerent countries: —' Under tho new regulations designed to meet tho circumstances of the war, the Board of Trad'o may, at any time in its absolute, discretion if it deems it advisable, order the avoidance or suspension of tho whole or part of any British patent which has-been granted to tho subject of an enemy country, or any license of any British patent which has beeu granted to such subject, the board having the right to proscribe terms and conditions if, and as it may think fit. Any person (and person is held to include any Government Department) may apply to the Board' of Trade to order the avoidance or suspension of any patent or liceuse granted .to an enemy subject, but the Board of Trade before granting such application may require to ba satisfied under the'following heads: — 1. That tho patentee or licensee is a subject of a Stat© at war with His Majesty. . 2. That tho person applying intends to manufacture or cause to be manufactured tho patented article, or to carryon, or cause to be carried on, the patented process. 3. That it is in the particular interest of the country, or of a section of the community, or of a trade, that such articlo should he manufactured, or such process carried on as above-mentioned. Power is also given to the Board of Trade in its absolute discretion to at any time revoke any avoidance or suspension .of any patent or license_ which has been previously ordered by it, and tho board may, at any time, appoint a person or persons to hold an inquiry into and to report to the board upon the circumstances relating Ix\ any application for an-order of avoidance or suspension or for the revocation of an order. During tho continuance of the war no patent will be sealed, and no registration of a trade mark or design will be granted to subjects of any State at war with His Majesty. An application for patent, design, or trade mark may, however, apparently be filed by a subject of an .enemy country, and all proceedings relating to such application will be carried on as usual down to the time when acceptance of such application would usually occur, the proceedings will then be suspended, and no formal certificate of acceptance will be issued.

Another to the patent rules of a very necessary character, and which should 'be brought into force in New Zealand, is designed to. prevent loss to persons who, by reason of their going upon active service, or from other circumstances arising out of the war, are nnable to comply with the rules or the Patent Office, or to carry out any step which usually devolves upon a patentee or the applicant for a patent. "Under tho now rulo, the Comptroller of the Patent Office may at hfs absolute discretion extend tho time for the purpose indicated upon such terms and conditions as he may think fit. In regard to existing patents granted to British subjects by countries with which wo are at war, or pending applications for patents of thnso countries, and for sucii like purposes, a speenu office has been provided in the British Patent Department, w'hero documents relating to such matters may be deposited, tho British Government, howover, disclaims responsibility as to. the validity of any proceeding /jvhich may be transacted in t-h'is x oflico, which lias been set.up with tliehope of safeguarding the interests of,.inventors who,may. have existing patents or may desire to obtain patents in enemy countries. The British Patent Office is also co-operat-ing with tlie Chartered Instituto of Patent Agents, which has opened a trust account for the deposit of fees in connection with tho above matters.