Trade-Marks throughout the World

Changing Meanings, Changing Institutions: An Institutional Analysis of Patent Legislation

“…The adoption of first patent legislation is treated as an absorbing state, thus once a state has patent legislation it is removed from the analysis. 11 Data were taken from a variety of sources, including Machlup and Penrose (1950), White and White (1923), Fairweather (1910), and the WIPO (1978WIPO ( , 1981WIPO ( , 1984WIPO ( , 1987.…”

Searching Foreign Patents

“…This convention provides for the filing of an application in a Convention country within twelve months after the filing of the first application in any Convention country with the same force and effect as if the same had been filed simultaneously with such first filed application. 2 Patents or applications which are published relatively soon after filing are particularly valuable to searchers and to those who follow new technology disclosed in patents. The country t Presented in the symposium on "Meeting the Challenges of the Changing Patent Literature", Division of Chemical Information, 173rd National Meeting of the American Chemical Society, New Orleans, La., March 21, 1977, and 1 lth Middle Atlantic Regional Meeting of the American Chemical Society, Newark, Del., April 20, 1977. which has gained recognition for being the most prompt in granting patents is Belgium.…”

“…It stated (1) that applications filed before that date would be handled according to the provisions of the old law, i.e., they would be published only after examination; (2) that applications filed on or after the effective date of the new law would be laid open to public inspection 18 months from the earliest priority date, the laying-open to take the form of printed publication in the Patent Gazette of the full text of the specification; (3) that examination would be carried out only on written request by the applicant or another party within seven years from date of filing in Japan; and (4) that after successfully passing examination, the application would have the status of a pre-1971 application to which opposition must be made within two months of publication. 2 Publications resulting from this new Japanese law introduced another complication for patent personnel. The two types of applications, examined and unexamined, are published in numerical sequence, both starting with number one at the beginning of each year.…”

“…The first of these countries, the German Federal Republic, passed a new patent law in 1968 which provided (1) that all patent applications filed on or after October 1, 1968, would be published without examination 18 months after priority date unless a novelty search had been requested; (2) that applications filed prior to October 1, 1968, would be laid open to public inspection without examination in accord with publi- cation decisions made by the German Patent Office; (3) that the applicant or another party could request an examination anytime within seven years of publication; (4) that any application which survived examination would be published as an examined application; and (5) that opposition to an examined application must be filed within three months from publication date.2'3 A published unexamined application is called an offenlegungsschrift (OLS). A published examined application is called an auslegeschrift (DAS).…”