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returns between the actual amounts invested in India, in the colonies, or in foreign countries, but it seems fair to assume that of the above-shown £1,200,000,000 ($5,839,800,000) capital at least one-half would be invested in foreign countries. If so, one-half of our income from oversea-invested capital appears to be in peril of a certain toll being levied upon it when it takes the shape of merchandise imported into the United Kingdom. We have not yet seen this side of the question at all investigated, but it seems to us to be one of very considerable importance. As far as the illustrations from Argentina and New Zealand hold good, preferential tariffs would mean a differentiation by the Imperial Government between British capital invested in the colonies and British capital invested in foreign states-a condition of things difficult to justify.

MARSHAL HALSTEAD,

BIRMINGHAM, ENGLAND, July 22, 1903.

Consul.

HOP INDUSTRY OF AUSTRIA-HUNGARY.

The hop crop of Austria-Hungary in 1902 amounted to 9,032,000 kilograms (19,870, 400 pounds), while that for 1901 amounted to 15,669,900 kilograms (34,473,780 pounds), a decrease in the crop of 1902 of 6,668,000 kilograms (14,669,000 pounds). Of the total crop of 1902, Bohemia produced 6,682,000 kilograms (14,634,400 pounds), of which 4,276,900 kilograms (9,409,180 pounds) were produced in the Saaz district.

In December, 1902, the price or hops ranged in the several districts of the Empire from 18.5 cents per pound in South Styria, the lowest figure, to 25 cents per pound in Saaz, the highest figure.

The following table shows the itemized quantities exported to various countries in 1902 and 1901:

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The large falling off in the exports of 1902 is due chiefly to the small crop in this country, while at the same time Germany produced very large crops. Almost the entire decrease in the export was caused by the diminished demand from Germany.

ETHELBERT WATTS,

PRAGUE, AUSTRIA, July 22, 1903.

Consul.

BREWING INDUSTRY OF AUSTRIA.

Production. From 1855 to 1873 the production of beer in Austria had risen from 5,000,000 to about 12,750,000 hectoliters (133,085,000 to 336,816,750 gallons). In that year a reaction took place in consequence of which the production up to 1880 fell to 10,500,000 hectoliters (27,737,850 gallons). Since 1880 the growth of the brewing industry (which turned out 20, 104,000 hectoliters, or 555,812,680 gallons, in 1902) was not further interrupted until the last brewing. season, which shows the remarkable decrease of 476,579 hectoliters (12,581,685 gallons).

Tax. The revenue derived from the beer tax in Austria amounted in 1901-2 to 74,645,651 crowns ($15,153,067), against 76,075,000 crowns ($15,443,225) in 1900-1901. The new provincial beer tax of

1.70 crowns per hectoliter (34.8 cents per 26.417 gallons) came into operation in 1903. The proceeds from this tax in Bohemia will not go into the Government treasury, but will be applied to the longpromised increase of the salaries of public teachers. In this connection it may be mentioned that since last year the Erhard Schaup checking apparatus has been adopted. The automatic control of this apparatus has great advantages over the previous methods of checking the beer production.

PRAGUE, AUSTRIA, July 22, 1903.

ETHELBERT WATTS,

Consul.

GERMAN PATENT LAW.

For the information of Americans who wish to obtain patents for their inventions in Germany, and who through ignorance of the German law and practice at the Imperial Patent Office frequently write to consular officers for information which it is difficult to make clear and complete by correspondence, the following translation of a synopsis of the German law and the more important details of usage at the patent office is submitted.

Patents on inventions are issued in the German Empire in accordance with the patent law of April 7, 1891. This law came into force on October 1, 1891, replacing the law of May 25, 1877, and is applied also to patents which had been previously granted under the older law.

German patent office.-The Government department which deals with the granting of patents is the Kaiserliche Patent-Amt in Berlin. This office receives the applications and examines them as to correctness in form, as well as to originality and

suitability for patenting of the object for which a patent is asked. Applications for annulment must also, in the first instance, be addressed to the patent office.

Suitability for patenting.—The object for which a patent is applied must, according to section I of the patent law, always be an invention, and as the law does not more fully explain the meaning of "invention," the Imperial Patent Office decides in each individual case according to its own judgment whether it is an invention or not. If one application contains several inventions independent of one another, a separation is necessary.

As a condition for suitability for a patent, it is presumed that the invention (1) is new at the time of application and (2) can be utilized, industrially or in trade.

An invention is not considered new if at the time of application it has already been described in public papers during the last hundred years, or is so openly used in Germany that thereby the use by an expert seems possible.

Patent papers officially issued at home or abroad are also, from the date of their publication, considered as constituting a hindrance to the granting of a patent, even if naming the same party as the German application.

Additional patents.—Patents on inventions proposing an improvement on an invention already applied for or patented can be applied for by the patentee of the main invention or the owner of the patent already granted. They are free from fees after the second year and expire together with the chief patent. In every other respect applications for additional patents are subject to the same conditions as the chief patent.

Inventions excluded from patenting.—Inventions the use of which is contrary to law or to good morals, or which refer to articles of food or medicine or to materials to be manufactured chemically, unless the inventions refer to a particular method of making them, are excluded from obtaining a patent.

Applicants.-There is no restriction in the law as regards the person of the applicant; firms can also be applicants.

Those who have first given notice of the invention have a prior claim to the granting of the patent. If, however, the essential contents of the application be stolen from some party, no claim for the granting of a patent can be made, provided the party suffering files an objection in due time.

Aliens.-Aliens can claim the protection of the patent law just the same as natives, but they must appoint an attorney residing in Germany.

If the Imperial Patent Office, after due examination, considers an invention to be suitable for a patent, it orders the publication of the title and the date of application in the Imperial Gazette (Reichsanzeiger).

The description and any drawings belonging to it are laid out for public inspection for two months from the day of this publication. The preliminary protection of the invention commences from the day of the publication. [It should be noted that a French patent must be applied for before the publication of the respective German application.]

Objections.-During the period of publication an objection can be filed against the granting of a patent on account of its unsuitability, or the claim that it has been stolen.

If no objection is raised or if the same be not sustained, and if the official examination of the invention, repeated after its publication, results favorably, the patent is granted and the patent office causes the description and drawings to be printed. Complaints. If the patent office arrives at a decision to refuse an application, a complaint can be filed by the applicant within one month after receipt of notification of such refusal.

Life of a patent.-The legal duration of a chief patent is fifteen years from the date of application. Additional patents expire at the same time as the main patent.

Official fees.-Together with the application a fee of 20 marks ($4.76) is to be paid in, and during the period of publication the first annual fee of 30 marks ($7.14) must be paid. After that there are due on the chief patent annual fees amounting to 50 marks ($11.19) for the second year, and increasing by 50 marks from year to year. Date of payments becoming due is the anniversary of the date of application. Payment can be made without an extra fee within six weeks after becoming due, and within the following six weeks with an extra fee of 10 marks ($2.38). There is no extension of time for the payment of the first year's fee.

Complaints are subject to a legal fee of 20 marks ($4.76), and every application for annulment of withdrawal of a patent must be accompanied with a payment of 50 marks ($11.19).

Designation of patented objects.—The designation of patented articles is not required by law, but it assists the owner of the patent in the prosecution of parties infringing the patent. The usual designation is D. R. P., No. (German imperial patent No.

-).

Withdrawal of a patent on account of nonmanufacture.—No limit of time is prescribed in Germany for the manufacture of a patented article, but according to section II of the patent law a patent can be canceled after expiration of three years after publication of the granting of the same if it has not been exploited in Germany to an appropriate extent up to the time of making the application for withdrawal.

As to the appropriateness of the extent of exploitation, the patent office decides according to its own judgment and according to the trade conditions at the time being.

Declaration of annulment.—Patents can be declared annulled on application if the article is not suitable to be patented or if the invention is the subject of a patent obtained by a previous applicant, or if the essential parts of the patent have been illegally taken from some other person.

The cancellation of a patent on account of theft can only be applied for by the injured party.

Time limit for claim for annulment.—An application for the cancellation of a patent on account of its lacking novelty or suitability for patenting can only be made within the five years after publication of the granting of the same. There is no limit of time for filing complaints for other reasons.

Appeal to the imperial court of justice.—An appeal to the imperial court against a decision of the patent office as to cancellation or withdrawal of a patent must be made within six weeks after receipt of the decision of the patent office, giving full explanation of the reasons for appeal. [According to a recent decision of the imperial court, the detailed explanation can be presented later.]

Deliberate intention or gross carelessness in infringing upon a patent renders the offender liable to the payment of damages. Willful offenders in this respect can, on application of the injured party, be punished by a fine not exceeding 5,000 marks ($1,190) or imprisonment not exceeding one year.

A patent does not take effect as regards those persons who have in this country commenced using an invention before the patent was applied for, or who made the essential preparations for doing so.

The illegal designation of an article as being patented is also punishable by a fine not exceeding 1,000 marks ($238).

Withdrawal of application for punishment.-The application for the punishment of a person for infringement of patent rights can be withdrawn.

Claims outlawed.—Claims for damages for infringement are barred after three years. Demands for punishment become outlawed in accordance with section 67 of the penal code in five years and within three months after learning of same.

Assignment.—A patent can be passed on to others, with or without restrictions, by transfer or by inheritance. Although the law does not require a notice to be filed with the patent office regarding the transfer of a patent, it is nevertheless to be recommended in order to avoid difficulties in cases of dispute.

For the entry of the transfer of patent rights it is necessary to produce a certified document of transfer, which must also contain the application for transfer of the patent. A document drawn up in Germany must bear a certificate by a notary public or a court. Documents signed abroad must be legalized by a German consul.

Requirements for filing application.—(1) A power of attorney not certified; (2) a description in duplicate; (3) if necessary, one or more drawings, one made on cardboard and the others on linen.

Drawings.-Length of sheet to be 33 centimeters (13 inches); width, 21 centimeters (8.3 inches); marginal line, 2 centimeters (0.8 inch). The drawing on linen, 33 centimeters (13 inches) long, can be of any width. The figures must be made in black, with heavy lines. The illustrations on copying linen may be made in colors. Payment of fees and taxes.—Application fees and other charges which accrue during the period while an application for patent is under consideration must be paid at the Imperial Patent Office by or through a lincensed patent attorney who resides in Germany. After the patent has been granted, the annual fees or taxes thereon may be paid by a patentee resident in another country by postal remittance addressed as follows: "An das Kaiserliche Patent-Amt, 33 Luisen-Strasse, Berlin." Checks on banks are not accepted for such purposes.

BERLIN, GERMANY, July 18, 1903.

FRANK H. MASON,

Consul-General.

PATENT MEDICINES IN GERMANY.

According to the Vossische Zeitung, of Berlin, the federal council (Bundesrath) has agreed upon minimum regulations for the traffic. in secret remedies (proprietary or so-called patent medicines), and will request the confederated German governments to have them go into effect at the beginning of next year, provided the several States have not already more severe regulations, in which case these shall continue.

The federal council has made the following two lists of secret remedies:

List A.-Eagle fluid, amarol, American coughing cure (Lutze), antiarthrine and its preparations, Duflot's antigout wine, antemelline, Said's antirheumaticum, anti tussine, Schiffmann's asthma powder, Zematone asthma powder and asthma cigar ettes, White's eyewater, Schuetze's skin ointment, Bilfinger's balsam, Lampert's balsam, Spranger's balsam, Thierry's balsam, Konetzki's tapeworm remedy, Bohnert's Indian cure for sore legs, Hohl's blood-purifying powder, Wilhelm's bloodpurifying tea, Lampert's croup liniment, Battle & Company's bromelia, Tanzer's balsam for hernia, hernia ointment of Valtenberg's pharmaceutical bureau, Ayer's cathartic pills, Djorat Bauer's corpuline, Elixir Godineau, Embrocation Ellimans, Omanter remedies, Cassarini's powder, Hess's eucalyptus remedy, Mountain Tea, Schmidt's hearing oil, Lueck's herb honey, gout and rheumatism liquor, glandulene, Lindner's glycosolvole, Spranger's Heol ointment, Jacobi's remedial draughts,

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