May 27, 1892.] 



SCIENCE. 



301 



HOW TO PEOTECT INVENTIONS IN FOREIGN COUN- 

 TRIES WITHOUT EFFECT UPON THE TERM OF 

 UNITED STATES PATENT. 



According to late articles in daily, and even certain elec- 

 trical and other scientific papers, and according to current 

 remarks of inventors, a prevalent idea seems to exist to the 

 effect that it is detrimental to the inventor's interest to ob- 

 tain foreign patents, because the duration of his domestic 

 patent will be shortened. This inaccurate and misleading 

 understanding of the law is employed as an argument in 

 favor of the revision of the patent statute relating to the maxi- 

 mum and minimum terms of patents. The object of this 

 article is not to argue concerning such a revision, but it may 

 be stated that the writer is greatly in favor of revision, but 

 would emphasize that misrepresentations of the present law 

 will rather hinder than further revision. To say, in general, 

 that a United States patent expires with the term of the 

 patentee's foreign patent, is misleading, because it is true only 

 in some instances. Such statements are made, and the con- 

 clusion arrived at by the ordinary inventor is such as to ap- 

 parently convince him that foreign patents are very danger- 

 ous and bad better be left alone. 



It is probably impossible to compose one sentence which 

 will convey the exact relations of the terms of patents, be- 

 cause of the multitude of variations or differences among 

 the patent laws of the numerous countries in which inven- 

 tions may be protected with profit. Classifications somewhat 

 as follows will, it is thought, make the matter so plain that 

 the ordinary inventor may easily use the same for reference, 

 although he could not, probably, remember them very ac- 

 curately from one reading. All important phases are set 

 forth, because it is not enough to know simply the effect of 

 foreign patents upon the term of the United States patent, 

 but upon one another's terms. In order to be brief, the 

 language is intended to be such as to convey concise and 

 practical information to inventors, independently of historical 

 developments, irrelevant conjectures as to future decisions, 

 and other matters valuable only to the mere student and 

 patent attorney. 



In each list which follows, the countries are named alpha- 

 betically to facilitate reference. 



The term 17 years of a United States patent is not short- 

 ened : — 



By any simultaneous, or subsequent foreign patent; 



Nor by a prior patent in Belgium, United States of Colum- 

 bia, Liberia, or Spain, provided the foreign patent is not 

 over three vears old; 



Nor by a prior caveat in Argentine Republic, British 

 Guiana, British Honduras, Canada, Great Britain, Sand- 

 wich Islands, Leeward Islands, Queensland, Russia, South 

 Australia, Switzerland, Tasmania, Trinidad. Victoria; 



Nor by an application filed, within seven months of the 

 United States application, in Belgium, France, Great Britain, 

 Guatemala, Italy, Netherlands, Norway, Portugal, Servia, 

 Spain, Sweden, Switzerland, and Tunis; 



Nor by an application filed, vvithin six months of the 

 United States application, in Brazil or San Domingo. 



The msiximum amount of reduction of the term of a 

 United States patent by a prior foreign patent is equal to the 

 difference of the term of 17 years and that remaining term 

 which the foreign patent has to run. The maximum terms 

 of patents in foreign countries (leaving out those of longer 

 term than 17 years) are: Argentine Republic, 15 years; 

 Austria, 15 years; Barbadoes, 14 years; Brazil, 15 years; 



British Guiana, 14 years; British Honduras, 14 years; Canada, 

 15 years; Cape of Good Hope, 14 years; Ceylon, 14 years; 

 Chili, 10 years; United States of Columbia, 10 years; Den- 

 mark, 5 years; Ecuador, 15 years; Fiji Islands, 14 years; 

 Finland, 12 years; France, 15 years; Germany, 15 years: 

 Great Britain, 14 years; Guatemala, 15 years; Sandwich 

 Islands, 10 years; Hong Kong, 14 years; India, 14 years; 

 Italy, 15 years; Jamaica, 14 years; Leeward Islands, 14 years; 

 Luxumburg, 15 years; Mauritius, 14 years: Mexico, 10 years; 

 Natal, 14 years; Newfoundland, 14 years; New South Wales, 



14 years; New Zealand, 14 years; Norway, 15 years; Para- 

 guay, 10 years; Peru, 10 years; Portugal, 15 years; Queens- 

 land, 14 years; Russia, 10 years; South Australia, 14 years; 

 St. Helena, 14 years; Straits Settlements, 14 years; Sweden, 



15 years; Switzerland, 15 years; Tasmania, 14 years; Trini- 

 dad, 14 years; Turkey, 14 years; Uruguay, 9 years; Vene- 

 zuela, 15 years ; Victoria, 14 years ; West Australia, 14 

 years. 



A valid patent is not obtainable in Ecuador, France, 

 Germany, Leeward Islands, Luxumburg, Peru, Sandwich 

 Islands, South Australia, Switzerland, Turkey, or Venezuela, 

 after a prior patent has been issued in the United States, 

 except in the case of France and Switzerland, under the con- 

 dition that the application is filed within seven months after 

 the United States application was filed. 



A valid patent is obtainable, in Canada, if applied for 

 within 1 year after issue of United States patent; in Italy, 

 within 15 years; in Spain, within 2 years; in Argentine Re- 

 public, within 10 years; in Victoria, within 1 year; and in 

 Western Australia, within 17 years. 



In countries not named in the two paragraphs preceeding, 

 valid patents are obtainable, as a general rule, if the inven- 

 tions are not well known, or in use, within the territory of 

 those countries. 



From the foregoing facts, it is evident that, by planning 

 the times of application, valid and useful protection may be 

 obtained throughout the world without in any way shorten- 

 ing the full terra in any country. 



The point of law to be considered for revision, is the pro- 

 vision of a right of the American citizen to obtain a seven- 

 teen years' patent whether he has previously patented it 

 abroad or not. Edward P. Thompson. 



LETTERS TO THE EDITOR. 



»** Correspondents are requested to be as brief as possible. The variter's name 

 ■ s in all cases required as proof of good faith. 



On request in advance^ one hundred copies of the number containing his 

 communication will be furnished free to any correspondent. 



The editor will be glad to publish any queries consonant with the character 

 of the journal. 



The General Circulation of the Atmosphere. 



The question concerning the origin of the winds, or the general 

 circulation of the atmosphere, has been a perplexing one for many 

 years, and is not yet completely and fully settled. There are 

 so many factors entering into the question, that its solution is 

 difBcuIt to comprehend off-hand. Instead of a broad, flat plane, 

 upon which idea some conclusions seem to be based, we have a 

 globe, and the atmosphere is a complete envelope thereof, having 

 almost the same spheroidal shape as the earth, upon which it rests. 

 This envelope is made to adhere to the surface of the earth by 

 means of gravitation, but not so rigidly that it may not be set in 

 motion by the application of heat. The eartb revolves on its axis 

 daily, and the air revolves with it, although it does not always 

 travel at the same rate. 



A body of air at rest for some time, or moving only with a very 

 slow motion, will soon acquire the direction of motion of those 

 parts of the earth with which it comes in contact. When such a 



