142

The number of patents issued in the United Kingdom in 1909 was 15,065. It is shown by the above table that the majority of the patents issued in the SelfGoverning Dominions are granted in Canada, and that the number granted in any one year in these Colonies amounts to considerably more than half of the number granted in the United Kingdom. On the other hand, it should be borne in mind that an invention patented in the United Kingdom is frequently patented also in more than one Colony. Who may obtain Patents. The main points of difference arising in this branch of the Patent Law are (1) whether an inventor may assign or bequeath his right to obtain a patent for his. invention; and (2) whether a person, who is not the inventor in the ordinary sense of the term, but who is the first to introduce the invention from abroad, should be allowed to obtain a patent for it, in disregard of the rights of the real inventor, or his assignee. In the United Kingdom a patent may be granted to one or more applicants. Every application must contain a declaration to the effect that the applicant or applicants is or are in the possession of an invention whereof he, or, in the case of a joint application, one or more of the applicants, claims or claim to be the true and first inventor or inventors. If an inventor dies before applying for a patent, the patent may be obtained by his legal representative. If an applicant dies before the expiration of fifteen months from the date of application, the patent may be granted to his legal representative at any time within twelve months after the death of the applicant. Any person to whom an invention has been communicated from abroad, and who declares that to the best of his knowledge and belief the invention is not in use in the United Kingdom by any other person or persons, is regarded as the true and first inventor within this country. In Canada a patent may be obtained by the inventor, or, in the event of the death of the inventor, by his assignee or legal representative. In Newfoundland, before any person can obtain a patent he must " make oath, " in writing, that he doth verily believe that he is the inventor or discoverer of the " art, machine, composition of matter, or improvement for which he solicits letters " patent." In Australia the applicant for a patent may be — (a) The actual inventor; or (6) His assignee, agent, attorney, or nominee; or (c) The actual inventor or his nominee jointly with the assignee of a part interest in the invention; or (d) The legal representative of a deceased actual inventor or of his assignee; or (c) Any person to whom the invention has been communicated by the actual inventor, his legal representative or assignee (if the actual inventor, his legal representative or assignee, is not resident in the Commonwealth). The Australian Act prescribes that the term " actual inventor " does not include a person importing an invention from abroad. In New Zealand, one or more of the applicants for a patent must be the true and first inventor, and the Act prescribes that the true and first inventor " means " the person who is the actual inventor of an invention, or his nominee or assignee, " but does not include the unauthorised importer of an invention from any place " outside the Colony." An application may be made by the legal representative of the inventor within six months of his death. In Cape Colony and Natal, a patent may be granted to the true and first inventor; or, if he dies within six months from the date of the application for the patent, to his executors within such six months or at any time within three months from his death. In the Transvaal one or more of the applicants must be the true and first inventor or his legal representative, and an application by the legal representative must be made within twelve months of the decease of the true and first inventor. In the Orange Eiver Colony the law in this respect is the same as in the Transvaal with the exception that the application by the legal representative of