This volume was donated to LLMC
to enrich its on-line offerings and
for purposes of long-term preservation by
Columbia University Law Library
INTERNATIONAL BUREAU OF THE AMERICAN REPUBLICS
WASHINGTON, D. C.
PATENT AND TRADE-MARK LAWS
SPANISH-AMERICAN REPUBLICS, BRAZIL, AND THE
REPUBLIC OF HAITI
TRANSLATED INTO ENGLISH
Revised to October, 1904
GOVERNMENT PRINTING OFFICE
While the utmost care is taken to insure accuracy in the publications
of the International Bureau of the American Republics, no pecuniary
responsibility is assumed on account of errors which may be found in
I. General remarks on the patent legislation of the Argentine Republic,
Bolivia, Paraguay, Peru, and Uruguay under the treaty concluded by
their Governments on January 16, 1889....-...-.............-....-- 7
II. ARGENTINE REPUBLIC:
1. Patent law (October 11, 1864) ....--....--..........-....---..-. 11
2. Decree of November 4, 1903, regulating the manner of payment
of patent fees----...........-- ....-------------- ....--------- 19
3. Trade-mark law (November 23, 1900)...--..----................. 20
1. Article 89 of the constitution of Bolivia...-....-- ..--- .....-- .. 33
2. Article 20 of the rules for the political organization of the country. 33
3. Patent law (May 8, 1858) ......-.....--...........----...---- .. 33
4. Decree of September 11, 1877, on the same subject...-----------. 37
5. Decision of the Secretary of the Treasury, etc. (January 17, 1902)
on the same subject---....--........------------...........----------- 38
6. Further decision of the same (March 26, 1903)....--- ....---.-- 38
7. Trade-mark law (November 25, 1893)...---...--.-----...--...------ 39
8. Rules for the execution of the trade-mark law (March 27, 1897).. 39
9. Amendment to article 11 of the above law (March 13, 1900)..... 42
10. Decree of May 30, 1902, establishing further rules on the subject
of trade-marks ...--..-- .....................------------------ 42
1. Patent legislation....---.......................-------.........---... 47
2. Trade-mark law (July 6, 1889) .....-......---.....---....--... 47
1. General remarks on the patent legislation of Peru.--..........--- 55
2. Patent law (January 28, 1869).............-------------.....--...---... 55
3. Amendatory patent law (January 3, 1896)...---.....- ..--..--.. 58
4. Decree of May 10, 1903, on the same subject....-....-- ...----.. 59
5. Trade-mark law (Dec. 19, 1892) ...........-.....-....-- ...--.. 59
1. Patent law (November 13, 1885)....-- --.....---......--- ..---.. 67
2. Rules for the application of the patent law (November 16, 1895).. 73
3. Trade-mark law (March 1, 1877)-....---. ...----- ..-------- .-- 74
4. Decree of April 29, 1885, on trade-marks.. ..-----........----.. 81
5. Opinion of the Attorney-General, July 17, 1885, and decree issued
in regard to it.....-...---..............-- ..---...---- --- 81
1. Patent law (August 25, 1903) .......--- ..---....-----.....--- 87
2. Rules of patent law procedure (September 24, 1903)...........-- 108
3. Trade-mark law (August 25, 1903) ....-...-......--- .... ----- 114
4. Rules of trade-mark-law procedure (September 24, 1903)-....... 129
II. GUATEMALA: Page.
1. Patent law. (December 17, 1897)...........--................ 137
2. Amendments to the patent law of December 17, 1897 (April 20,
1889) --.......-......................................-..... 141
3. Trade-mark law (May 13, 1899) .--...-....-...........-....... 142
4. Convention between Guatemala and France for the protection of
industrial property (November 12, 1895) .......--........... -147
5. Convention between Guatemala and the United States, same sub-
ject (April 15, 1901) ....-----................. ....... ........ 148
6. Convention between Guatemala and the German Empire, same
subject (July 17, 1899)..------......----........------ -..-- 149
7. Convention between Guatemala and Great Britain, same subject
(July 20, 1898) ............................................. 150
1. Patent law (May 13, 1901)....................-................ 153
2. Trade-mark law (April 27, 1901)...........................--- 158
1. Patent legislation -................-..........-....... ......... 163
2. Trade-mark law (March 7, 1902) .............................. 164
1. Patent law (October 11, 1899) ................................. 169
2. Trade-marks legislation ....................................... 172
VI. CosTA RICA:
1. Patent legislation............................................. 175
2. Trade-mark law (May 22, 1896) ............................... 178
3. Convention between Costa Rica and Great Britain on the sub-
ject of patents (March 5, 1898) ...............-............ -179
4. Convention between Costa Rica and Belgium, same subject (April
25, 1902) ................................................... 180
1. Introductory remarks...--..........-..------ .....--- --- ..--- .. 187
2. Report on trade-marks and patents by Mr. Fernando M. Vidal,
legal adviser for General Wood .......---.......--- ........-- 187
3. Royal ordinance of July 30, 1833..-.........-...-..--.......... 192
4. Royal order of January 17, 1873 .................-............. 199
5. Civil order No. 196, series of 1899........--.................... 200
6. Announcement of November 12, 1899 .---.....--......... ...... 200
7. Announcement of November 16, 1899 ..........-- -............ 200
8. Civil order No. 216, series of 1899.....-...........-............ 201
9. Civil order No. 497, series of 1900........ .............-....... 201
10. Trade-mark law (Royal decree of August 21, 1884).............. 202
11. Civil order No. 511, series of 1900...-..--.........--........-- 214
12. Civil order No. 512, series of 1900.............................. 214
13. Civil order No. 18, series of 1901---................... ......... 215
14. Civil order No. 105, series of 1901.....-...-- ...............-.... 216
15. Civil order No. 160, series of 1900.............................. 216
16. Circular No. 12 of the War Department of the United States..... 217
17. Circular No. 21 of the War Department of the United States...- 218
18. Circular No. 34 of the War Department of the United States..... 219
19. Circular No. 38 of the War Department of the United States..... 219
20. Order of the American military governor, May 14, 1900...-------. 220
21. Order of the American military governor, May 13, 1902......... 220
22. Decree of June 21, 1902 ....................................... 221
II. DOMINICAN REPUBLIC: Page.
1. Patent legislation .....-....................-................. 225
1. Patent legislation -..................................--....-.. 229
1. Patent law (May 13, 1869) --.......-- ................-........ 235
2. Decree on the same subject (November 22, 1900)..-.........--- 237
3. Decree of March 14, 1902, amending the above...--.---..---- ... 237
4. Trade-mark law (November 23, 1900)..-----..- .........--- .... 238
5. Fees to be paid..--....--..............--- .-- ...-............. 240
1. Patent legislation .....--- ....--- ..........----........... ..... 243
1. Patent law (May 25, 1882)...-.....- .............-............. 247
2. Trade-mark law (May 18,1877)...-...-..-..-...-.... ........... 250
1. Patent law (November 3, 1880)..........-..............-...... 255
2. Trade-mark law (October 22, 1889)...-...-..- ..........-..-.... 259
3. Law of October 9, 1901, amending the trade-mark law...-....... 261
1. Article 152 of the Constitution.......---.......----.........-----..... 265
2. Patent law (September 9, 1840).....-..-- ...............-..-... 265
3. Amendment to the above (1872).......- ...---......-.......... 268
4. Law of September 1, 1874, establishing a tax on patents..--..... 268
5. Trade-mark law (November 12, 1874).--..--...... ...-......-.. 268
6. Law of October 24, 1898, regarding the counterfeiting of trade-
marks .......---..............-........--.--.....-- ....- -.. 269
1. Patent law (October 14, 1882)..--....--- .........---- -.....-- .. 273
2. Regulations for the execution of the patent law...--...--.------. 278
3. Trade-mark law (October 14,1887)..--..--..---.................. 294
4. Regulations for the execution of the trade-mark law..-.....---- 300
APPENDIX A.-Treaty on patents of invention, trade-marks, etc., signed at
the Second Pan-American Conference at the City of Mexico, January 27,
APPENDIX B.-Patent Laws of the United States of America................. 317
PATENT AND TRADE-MARK LAWS OF THE SPANISH-AMERI-
CAN COUNTRIES, BRAZIL, AND THE REPUBLIC OF HAITI.
ARGENTINE REPUBLIC, BOLIVIA, PARAGUAY, PERU, AND URUGUAY.
These five Republics are here grouped.as forming one class, because,
in respect to patents of invention and improvement, they are bonded
together by a treaty concluded by them on the 16th of January, 1889,
the provisions of which are as follows: *
"ARTICLE 1. All persons obtaining patents of invention in any of
the signatory States shall enjoy in all of them the rights of inventor,
if within one year, at the most, they cause their patents to be regis-
tered in the manner and form provided by the laws of the country
where its recognition is desired.
"ART. 2. The duration of the patent shall be governed by the laws
of the country wherein it is to be put into practice. If in the country
of origin it is shorter than in the other, the duration of the patent in
the latter, may be reduced.
"ART. 3. Questions on the priority of the invention shall be decided,
taking into account the date of the application for the patent, in the
country or countries wherein it was granted.
"ART. 4. The following shall be deemed inventions or discoveries:
All new processes, manual or mechanical apparatuses serving to manu-
facture industrial products; the discovery of a new industrial product;
and the application of improved methods for the purpose of securing
results superior to those which are known.
"The following shall not be patentable:
"First. Inventions and discoveries already known in any of the
signatory States, or in others not a party to this treaty.
"Second. Those which are contrary to morals or the laws of the
country where the patents are to be issued or recognized.
"ART. 5. The rights of the inventor involve the power of using
the privileges and conveying them to others.
"ART. 6. Infringements of patents shall be prosecuted and punished
according to the laws of the country where they have been committed.
"ART. 7. The simultaneous ratification of this treaty by all the sig-
natory nations shall not be necessary for its being carried into effect.
8 GENERAL REMARKS.
The nation which approves of it shall communicate its approval to the
governments of the Argentine Republic and Uruguay, and they shall
give information of the fact to all the other nations. This method
shall take the place of an exchange of ratification.
"ART. 8. The exchange of ratifications having been made as pro-
vided in the foregoing article, the treaty shall remain in force for an
"ART. 9. If any one of the signatory nations should desire to termi-
nate the treaty, or to amend its provisions, it shall give notice thereof to
the other nations; but the treaty shall not be terminated or amended
until after the expiration of two years, to be counted from the date of
the notice. During this period an effort shall be made to reach an
"ART. 10. The provisions of article 7 are applicable to all the
nations not parties to this treaty but willing to join in it."
PATENT LAW OF OCTOBER 11, 1864.
ARTICLE 1. All new discoveries or inventions in any branch of
industry confer on their originators the exclusive right of working
the same during a fixed term and under certain conditions, conform-
ably to article 17 of the Constitution, said right to be protected by a
document called "patent of invention," issued in the form provided
by the present law.
ART. 2. The preceding article applies not only to inventions and
discoveries made in this country, but also to those patented abroad,
provided that the applicant be the inventor, or his assignee, and
provided also that the conditions and formalities mentioned hereafter
be duly observed.
ART. 3. The following shall be considered as new discoveries or
inventions, viz: All new products of industry; all new processes, and
all new applications of processes already known, for obtaining an
industrial result or product.
ART. 4. The following are not patentable, viz, pharmaceutical com-
positions; financial schemes; discoveries or inventions which, previous
to the application, have received sufficient publicity in books, pam-
phlets, or periodicals, in this country, or abroad, for being worked;
those of a mere theoretical nature, without any indication of their
practical use in industry; and finally, inventions contrary to good
morals, or to the laws of the Republic.
ART. 5. Patents shall be granted for five, ten, or fifteen years,
according to the merit of the invention and the wish of the applicant.
The validation of foreign patents shall be limited to ten years, and in
no case shall the term exceed that of, the original patent, at the expi-
ration of which period they shall terminate.
ART. 6. The fee to be paid for a new patent shall be 80, 200, or 350
pesos fuertes, according to the period or term of five, ten, or fifteen
years for which it is issued. The validation of foreign patents is sub-
ject to the payment of a sum proportional to the term for which it is
granted according to the same scale of fees.
12 PATENT LAW.
ART. 7. The payment of the fees shall be made, one-half at the time
of the application and the other half in annual installments.
ART. 8. The Executive Power shall provide by a special decree the
mode in which the Patent Office shall transfer the said fees to the
ART. 9. The patents mentioned in the preceding articles shall be
issued by an Office especially established for that purpose.
ART. 10. The official staff of the Patent Office is to be composed of
a Commissioner, at a salary of 1,200 pesos fuertes per annum; of four
Subcommissioners, at a salary of 800 pesos fuertes per annum; of a
Secretary, at a salary of 600 pesos fuertes per annum; and a Janitor, at
a salary of 240 pesos fuertes per annum. The five first named are
appointed by the President of the Republic at his own discretion; and
the other two on recommendation of the Commissioner.
ART. 11. No officer of the Patent Office is allowed to hold an inter-
est, directly or indirectly, in patents which come under his control;
otherwise he shall become liable to dismissal and to a fine from 100 to
1,000 pesos fuertes, if convicted.
ART. 12. The Commissioner is the Chief of the Office and is respon-
sible to the Government for all the documents and objects deposited
in it, which must be carefully kept and inventoried.
ART. 13. The Subcommissioners must possess a special knowledge
of the sciences frequently applied to industry, which may enable them
to examine, under the direction of the Commissioner, all inventions
or discoveries sought to be patented, the grant of the patent depending
on said examination.
ART. 14. The Patent Office shall be a dependency of the Department
of the Interior.
Proceedings for granting patents.
ART. 15. All applications for patents of invention shall be addressed
to the Commissioner of Patents. The application shall be written on
stamped paper of the 25-cent class, and shall be filed at the Patent
Office in the capital, or at one of the chief post-offices in the provinces,
and must be accompanied by a description, with proper drawings and
patterns (all in duplicate), and a list of the objects presented.
ART. 16. In cases where the application is made through the post-
office, applicants may inclose the descriptions, patterns, and drawings
in a sealed package, and request the same to be safely forwarded, at
their own cost, to the Patent Office.
ART. 17. The Commissioner of Patents shall provide the postmasters
mentioned in article 15 with a ledger, duly paginated and signed; in
which the petitions shall be entered in the order of their presentation,
with expression of the day and hour. A similar book shall be kept at
the Patent Office. The registration shall be made by stating in a few
words the subject of the application, the entry to be signed by the
Commissioner, the secretary, and the applicant or his attorney. At
the request of the applicant, a copy of this entry may be delivered to
him at no other cost than that of the stamped paper of the fourth
class on which it has to be written.
ART. 18. No application shall be admitted without depositing one-
half of the fee, this payment to be set forth in the entry mentioned in
the foregoing article. The officer neglecting to comply with this
requisite and admitting the application without receiving the money,
shall be punished with a fine of double the amount. The same fine
shall be imposed upon postmasters who neglect to forward applications
to the Commissioner of Patents by the earliest mail, this fact to be
proved by the certificate of deposit and a certificate of the Postmaster-
General, unless the delay is caused by want of time, accidents, or
circumstances beyond control.
ART. 19. Applications shall refer to a single chief object, with its
accessories and to the uses to be made thereof; they must mention
the term for which the patent is sought, without containing any
restrictions, conditions, or reservations whatsoever; they shall set
forth the title under which the invention is to be known; they shall
be written in Spanish; the omissions or additions shall be duly men-
tioned, and the drawings accompanying the applications shall be made
in ink and according to a metrical scale.
ART. 20. As soon as the application is in the hands of the Commis-
sioner, and it appears that the object applied for is included in those
mentioned in article 2, and does not come under the limitation of
article 4, the patent shall be granted, provided the term applied for
does not exceed ten years. If it exceeds that time, the application
shall be referred to the Minister of the Interior for his decision, from
which decision there lies no appeal.
ART. 21. All patents shall be issued in the name of the nation, by
authority of the Government; they shall bear the signature of the
Commissioner and Secretary, with the seal of the Office; they shall
consist of the decree granting them, accompanied by the duplicate of
the description and drawings.
ART. 22. Immediately after the issue of the patent it shall be deliv-
ered to the applicant or his attorney. However, if the application
has been made through a post-office, the patent shall be delivered by
the same channel, the respective postmasters having to acknowledge
the receipt as soon as possible. All subsequent certificates applied
for shall be issued at the rate of 5 pesos fuertes each.
ART. 23. The grant of a patent does not prevent impeachment under
article 46 of this law.
ART. 24. Applicants not complying with the provisions of article
15 shall have their patents refused, in which case one-half of the sum
deposited shall be returned to them, the other half being forfeited.
ART. 25. On the refusal of a patent an appeal may be taken within
ten days to the Minister of the Interior, who, after proper investiga-
tion, shall confirm or annul the refusal; in the former case the whole
sum deposited is to be forfeited.
ART. 26. A quarterly list of all patents granted and refused, with
their respective dates, shall be forwarded by the Commissioner to the
Government for publication.
THIRD SECTION.-Additions or improvements.
ART. 27. Improvements to patented discoveries or inventions enti-
tle the originators to apply for a certificate of addition, which can not
be granted for a longer period than the original patent has yet to run,
provided it does not exceed ten years, except when half that time has
expired or when the improvement lessens by half at least the cost of
production, time, risk, or danger, or for other similar reasons, in
which case the Commissioner has to fix the proper term for which
such a patent may be granted.
ART. 28. Certificates of addition are subject to the same formalities
as patents, except as to the fees, the original patentee having only to
pay one-fourth, and others than the patentee one-half, of the said
ART. 29. Certificates of addition thus obtained by others than the
original patentee do not confer on their owners the exclusive right of
working their invention, except on condition to pay a royalty to the
original inventor. The amount of this royalty shall be fixed by the
Commissioner by taking into account the importance of the improve-
ment and the part of the original invention which has been left in
ART. 30. The original inventor has the option between availing
himself of the provision contained in the preceding paragraph and
working the improvement jointly with the improver; if he chooses
the latter, a "patent of addition" shall be delivered to him on the
same terms as that to the improver.
ART. 31. In no case shall improvers acquire the right of solely
working the original invention, and the original inventor may only
work the improvement under the second provision of the previous
ART. 32. If two or more parties should apply at the same time for
a certificate of addition for the same improvement, and if they should
not come to some arrangement on the subject, no certificate shall be
issued to either. The same provision applies also to patents.
FOURTH SECTION.-Provisional patents.
ART. 33. Inventors or improvers may obtain for the term of one
year, indefinitely renewable, a provisional patent.
ART. 34. Such a patent shall be obtained, on the payment of 50
pesos fuertes, by petition drawn up according to the provisions of
article 15, pointing out the object of the invention and the means
of carrying it out.
ART. 35. On the receipt of this petition the Commissioner shall
deliver the provisional patent, entering the same in a special book to
be kept in his custody in the secret archives, together with all the
documents relating thereto.
ART. 36. No provisional patent shall be granted for inventions pro-
hibited by article 4.
ART. 37. The effect of provisional patents is to prevent, while they
are in force, all grants of patents relating to the same invention or
improvement from being made without previous notice thereof to the
patentee, whose address should be known at the office.
ART. 38. The owner of a provisional patent may oppose the granting
of a patent for an invention similar to his own, within three months.
At the expiration of that term, or if he has not given due notice of his.
change of domicile, he shall forfeit his right.
ART. 39. In case of opposition by the owner of a provisional patent
the Commissioner shall give a separate hearing to both applicants, and
if the inventions should be identical neither shall obtain a patent
unless both parties come to an agreement. Should such inventions
be different the patent applied for shall be granted.
ART. 40. The fees paid for a provisional patent shall be deducted from
the sum to be paid for the final patent, or for a certificate of addition
FIRST SECTION.-Transfers of patents.
ART. 41. Owners of patents or certificates may transfer their rights
on their own terms. Such transfers, however, must be made by a
public deed, upon previous payment of the entire fees mentioned in
article 6. In order to give such transfers legal force with respect to,
third parties they must be registered either at the Patent Office in the
Capital, or at the before-mentioned post-offices in the provinces; but
this registration shall never be made without first producing the deed
of transfer and the patent. Within five days thereafter, or by the
earliest mail if in the provinces, a certificate of the registration entry
and a copy of the transfer shall be forwarded to the Patent Office.
The transfer shall then be entered at this office, in a special book, the
entries of which shall be published quarterly.
ART. 42. All the rights of the original patentee shall be transferred
with the patent, unless otherwise provided in the deed.
SECOND SECTION.-Publication of patents.
ART. 43. On the issue of a patent or certificate the Commissioner
shall publish the fact in the newspapers, setting forth the name of the
patentee, the duration of the patent, and a succinct description of the
invention or discovery.
ART. 44. All descriptions, drawings, patterns, and models of the
patents granted not coming under the provision of article 33 shall
be kept at the Patent Office for public information. They shall be
open without charge to inspection by any person applying for the
same, and copies of the written documents shall be delivered without
any other charge than the price of the stamped paper of the fourth
class which is to be used.
ART. 45. At the beginning of each year the Commissioner of Pat-
ents shall publish in a volume the list of the patents granted during the
last twelve months, said list to be accompanied by the descriptions
and drawings required to make the patented inventions or discoveries
intelligible. A copy of the said volume shall be deposited at the Pat-
ent Office and at the post-offices mentioned in article 15, for free pub-
Nullification and extinction of patents.
ART. 46. Patents or certificates shall be void: When obtained con-
trary to article 4 of this law; when obtained under a fraudulent title,
not corresponding to the invention; when the drawings or descriptions
are incorrect or incomplete; when, in the case of certificates, they
refer to a patent not actually obtained; when, in case of a foreign
invention, the foreign patent confirmed by the Republic has expired;
or, when, at the date of the patent the discovery or invention was
already in operation in the Republic.
ART. 47. All patents duly issued become extinct whenever it appears
that the invention has not been worked within two years after the issue
of the patent; whenever the working has been interrupted for a similar
period, except by circumstances beyond control, or accident, duly cer-
tified by the office; or, finally, when the term for which the patent has
been granted expires.
ART. 48. Actions for the nullification or extinction of a patent can
be instituted only by interested parties before the sectional tribunals.
ART. 49. No special judicial declaration is required to cause the nulli-
fication or extinction of a patent to produce the effect of making the
discovery or invention public property; the mere fact of nullification
or extinction suffices for authorizing everyone to freely exploit the
ART. 50. In case the owner of an extinct or nullified patent should
obstruct the free exploitation of the invention or discovery to which
it relates, either by lawsuits, or otherwise, the official declaration of
the invalidity or extinction of the patent may be obtained from the
same sectional tribunals.
ART. 51. The proceedings shall be summary; all proper proofs of
title shall be admitted, but patentees can not produce any evidence
contrary to what is established by the documents of the Patent-Office
in proof of their privileges. The term for filing evidence is to be fixed
by the judge at his discretion, provided that it does not exceed six
months, which term shall be granted only, in exceptional cases refer-
ring to matters lying beyond the sea, and on giving sufficient security
in favor of the claimant. Within ten days of the expiration of the
term allowed for evidence, the judge shall render judgment and award
costs. From this judgment an appeal can be taken to the Supreme
Court within three days. This court, after previously consulting the
Patent Office, shall deliver a final judgment.
ART. 52. The nullification or extinction of a patent being established
by judgment, and the judgment having become final, the tribunal shall
give information of the fact to the Commissioner of Patents in order
that he may publish it in due form.
Infringements, their prosecution, and punishment.
ART. 53. Infringements of patent rights shall be considered forgeries,'
and shall be punished by a fine of from 50 to 500 pesos fuertes, or by
imprisonment of from one to six months, and the forfeiture of the
articles unlawfully manufactured, all without prejudice of claiming
indemnity for losses and damages.
ART. 54. The same penalties shall be incurred by those who know-
ingly take part in the infringement by selling, exhibiting, importing,
or advertising the invention.
ART. 55. In case of a second offense, committed within five years,
the penalty shall be doubled.
AuT. 56. The fact of a man having been in the employ of the
patentee, or of having acquired surreptitious information of the
invention, shall be considered as an aggravating circumstance.
ART. 57. All actions for the prosecution of these offenses are pri-
vate, and shall be brought before the sectional tribunals upon produc-
tion of the patent. Otherwise the complaint shall not be admitted. The
defendant can only plead by way of answer the nullity or extinction
of the patent, his interest in the same, or his exclusive ownership.
ART. 58. The complainant has the right to demand security from
the defendant for any loss which may be occasioned by the latter con-
tinuing to work the invention pending the trial, and in default thereof,
he may claim the suspension of the working and the seizure of the
objects in dispute upon giving in his turn, to the defendant, if required,
sufficient security. The seizure is to be effected with the usual legal
ART. 59. All those who call themselves patentees without having a
patent, or after their patent has expired, shall be considered infringers,
and liable therefore to the penalties inflicted on the latter, with the
exception of the loss of the articles.
ART. 60. All fines imposed by this law shall be divided equally
between the Treasury and the informers.
Validation ofprovincial patents.
ART. 61. Owners of provincial patents in force at the time of the
promulgation of the present law shall have the right to ask, within six
months after'said promulgation, the validation of the same; and to this
effect they shall file an application in the manner and form provided
by article 15. The application shall be accompanied by the provincial
ART. 62. Provincial patents not validated within said term shall have
no effect whatever before the tribunals of the Republic.
ART. 63. The validation may take place in two ways; either for the
*same Province in which the patent right was exercised; or for the
whole Republic. In the former case the patent shall be granted free
of expense and without any previous examination. In the latter case
the proceedings shall be the same as for a new patent, and the portion
of the fees corresponding to the term allowed must be paid in the
ART. 64. Validation of patents granted for the same Province shall
be only for the remainder of the term of the patent, and the patent
rights conferred by it shall relate to the said Province only. When
granted for the whole Republic the time may be ten years, from
which the period already run shall be deducted.
ART. 65. A special register of these validations there shall be kept.
ART. 66. On and after the promulgation of the present law all
provisions to the contrary shall be repealed.
DECREE FACILITATING THE PAYMENT OF THE ANNUITIES ON
PATENTS OF INVENTION.
BUENOS AYRES, November 4, 1903.
Upon consideration of the facts:
First. That article 7 of the patent law of October 11, 1864, in pro-
viding that the first half of the tax fixed by article 6 of the same should
be paid upon making the application for patent, and the other half by
successive annuities, had for its object to afford to inventors a facility
that has been approved by the universal legislation on the matter;
Second. That the decree of November 9, 1866, which is at present
in force, has left without effect said concession by establishing that
for the annuities corresponding to the second half of the tax, the
interested parties- should give promissory notes to the satisfaction of
the Commissioner of Patents (arts. 24 and 25);
Third. That such restrictions virtually compel the applicants to the
integral and advanced payment of the second half of the tax-an
inconvenience to which the applicants submit themselves because it
is easy for them to give notes of such scant importance and at such
long times as those fixed by article 25, than to look for endorsers or
sureties, the chief aim of the patent law, which is, without a doubt,
that of encouraging both inventions and the establishment or progress
of industries, and not that of providing revenue, being thus defeated.
Fourth. That in view of the above facts it becomes necessary for
the Government to repeal the provisions contained in articles 24, 25,
and 26 of the Regulation of November 9, 1866, and to substitute them
by others which are more in accordance with the spirit of the law and
general public convenience;
In view of the above considerations, and in the exercise of the
faculties vested in him by article 8 of the law of October 11, 1864, the
President of the Republic decrees:
ART. 1. The provisions of articles 24, 25, and 26 of the regulations
of November 9, 1866, are hereby repealed.
ART. 2. The concession having been decided upon by the Commis-
sioner, and the payment of the half of the tax established by article 18
of the law having been made, the patent shall be delivered upon the
payment of the proper stamps.
ART. 3. The second half of the tax shall be paid by annuities, in
the following manner: In the case of five-year patents, it shall be
paid in three annuities of 10 pesos in national money ($10) each, and
the last one shall be of 11 pesos and 33 cents national money ($11.33).
SIn the case of ten-year patents, the payment shall be made.in seven
annuities of 10 pesos national money ($10) each, and the last two, of 16
pesos and 66 cents national money ($16.66) each; and in the case of fif-
teen-year patents, the payments shall be made in ten annuities of 10
pesos national money ($10) each, and the last four annuities shall be of
20 pesos and 21 cents ($20.21) each.
ART. 4. The payment of the annuities may be made by any person
in the name of the inventor, no written petition being required in
order to effect said payment. Whenever the person making the pay-
ment requests a receipt for the same, it shall be issued to him in the
name of the inventor, by the Patent Office, without any other expense
than the cost of the stamped paper of the value of 1 peso on which
said receipt is to be issued.
ART. 5. The integral payment of the annuities may he made at one
time in cash, with a discount of 6 per cent per annum on the annuities
not yet due.
ART. 6. The applications for patents pending at the present time
shall be decided according to the present decree.
[Promulgated November 23, 1900.]
Ownership of trade-marks.
ARTICLE 1. Denominations of articles, or names of persons in some
particular form; emblems,jmnonograms, engravings, or prints; seals,
vignettes, and stamps in relief; borders, words, or fancy names; letters
and numerals with a special design or forming a combination; casks
or wrappings of articles; and any other signs by which the productions
of a factory, the articles of a trade, or the products of the soil and
agricultural industriesjcan be distinguished, may be used as trade-
Marks can also be adopted under the provisions of this law by those
engaged in mining industries industriess extractivas).
ART. 2. The mark can be placed over the casks or wrappings or on
the articles themselves.
ART. 3. The following can not be considered trade-marks.
1. Letters, words, names, or designations which.the nation, or the
provinces, alone, use or should use.i
2. The shape or form given to the articles by the manufacturer.
3. The color of the articles.3
4. Terms or expressions which have become of general use-and
signs which do not present any novel or special character.,
5. Designations usually employed to indicate the nature of the arti-
cles or the class to which they belong.
6. Designs or expressions of an immoral nature.)
ART. 4. Names and portraits of persons can not be used as marks
without the consent of the persons themselves or of their heirs to and
including the fourth degree.
ART. 5. Nambs of places belonging to private individuals can be
used as marks only by the owners thereof, if such names do not fall
under the category mentioned in paragraph I of article 3 andlif some
suitable specification is adopted in order to avoid confusion Under
such conditionsjnames of places and towns can be used as marks.
ART. 6. The exclusive ownership of a mark, as well as the right to
oppose the use of any other mark, which directly or indirectly might
be the cause of confusion between several articles, belongs to the
manufacturer,, trader, "or agriculturist iwho has complied with the
requirements of this law.
ART. 7. The use of a trade-mark is optional. It is, however, compul-
sory when the necessities of public convenience require it.
ART. 8. The exclusive ownership of a trade-mark can only be
obtained in relation to the object for which it has been requested, said
object to be specified in conformity with paragraph 2 of article 17.
ART. 9. The ownership of a mark passes to the heirs, and can be
transferred by deed or by will.
ART. 10. The assignment or sale of a business includes that of the
trade-mark (unless there is some special stipulation to the contrary),
and the person taking over the business has the right to use the mark,
even though it be a name, in the same way as did the former owner,
without any other restrictions than those expressly stated in the deed
of sale or assignment.
ART. 11. The transfer of a trade-mark shall be recorded at the office
in which it was registered. Otherwise the right to use the mark shall
not be acquired.
ART. 12. No other trade-marks shall be considered in use, for the
purposes of this law, than those in regard to which the office has
issued the proper certificate.
ART. 13. The protection of the rights to the exclusive use of a trade-
mark shall only last ten years, which period can be extended indefi-
nitely for other similar periods, upon fulfillment, in all cases, of the
necessary formalities and on payment each time of the tax to be estab-
ART. 14. The ownership of a trade-mark shall cease.
1. On the request of the interested party.
2. When the said party allows the period of ten years to elapse
without effecting a renewal.
3. When a question as to the validity of a trade-mark having been
raised, the decision is that it was granted illegally, either because of
its clearly belonging to another person or because of some other cir-
cumstance enumerated in this law.
ART. 15. When a trade-mark is no longer valid the fact must be
published in the form indicated in article 37.
Formalities for obtaining the ownership of trade-marks.
ART. 16. All those desirous of obtaining ownership of trade-marks
must apply to the Office of Patents.
ART. 17. An application to obtain a trade-mark must be accom-
1. By six copies of the mark.
2. By a description, in duplicate, of the mark, if it consists of a
picture or an emblem, indicating the class of article for which it is
meant, and whether it applies to products of manufacture, or of the
soil, or to objects of commerce.
3. By a receipt showing that the fee established in article 38 has
been paid into the General Treasury.
4. By a formal power of attorney if the applicant does not appear
5. By the authorization required in article 4.
ART. 18. If the process of imprinting the trade-mark is a secret, and
the interested parties desire it to remain so, they must declare their-
wish in their application, according to article 17; but they shall describe
the process in a closed and sealed document, which will only be opened
in case of dispute.
ART. 19. A short statement, describing briefly the contents of each
application and the date and hour of its presentation, shall be entered
on a book, the leaves of which must be numbered and signed by the
respective Minister. The applicant must state whether he is or is not
willing to waive judicial action in the event of the office opposing or
refusing the ownership of the trade-mark.
The statement must be signed by the head of the office, by the sec-
retary, and by the applicant, to whom a receipt shall be given of the
documents filed, in which case, the number of the statement will be
mentioned. In the event of an authorized copy of the statement being
applied for, it shall be given without further cost than that of the
ART. 20. The statement having been drawn up, an extract of the
application will be published in the Boletin Oficial," with the date of
its presentation, the name of the person interested, and a drawing or
design of the trade-mark.
The publication shall be made for five consecutive days in the capi-
tal of the Republic,Iand in the Province or Territory where the appli-
cant has hisdomicile.2
ART. 21. If within thirty days after the publication to which the
foregoing article refers, no one presents himself to oppose the conces-
sion and no similar or like marks have already been granted under the
conditions laid down in articles 6 and 8, the ownership of the mark
applied for shall be granted.
ART. 22. The priority of ownership of a trade-mark shall be
determined by the day and hour on which the application was filed.
ART. 23. The trade-mark certificate to be given by the Patent Office
shall consist of a certified copy of the decree granting it, accompanied
by duplicates of the description and of the drawings. It shall be made
out in the name of the nation, by the authority of the Government, and
shall bear the signatures of the Chief and of the Secretary of the Office,
together with the seal of the latter.
ART. 24. The deposit, as provided for in article 17 (article 13 of the
law) shall be made, in the Provinces and National Territories, in such
post-offices as may be designated by law for this purpose.
ART. 25. The Chief of the Trade-Mark Office shall furnish the
postmaster of each capital of Province and National Territory a book
book on which all the trade-marks shall be entered, if presented by the
interested parties in due form and under the conditions required
ART. 26. The books sent to the postmasters, as well as the one
kept in the Trade-Mark Office, shall be paginated and signed by the
ART. 27. Upon the receipt of an application the postmaster shall
forward to the Director of the Office of Trade-Marks a certified copy
of the application, together with the descriptions, drawings, and the
declaration that the amount required by law has been paid, without
which the application shall not be entertained.
ART. 28. The Director of the Office, on receiving an application for-
warded to him by a postmaster, shall make an entry in his own book,
in which the statement sent him by the postmaster shall be copied.
He then shall proceed as provided in the foregoing articles.
The interested parties can deposit in the respective post-offices the
plates required by art. 38.
ART. 29. Opposition to the granting of a mark shall be made in the
form required by articles 19 and 25, as the case may be.
ART. 30. The head of the office, if all the parties interested have
waived their right to go to the courts, shall give a decision in the
matter within a period of fifteen days.
ART. 31. In the case referred to in the above article, the decision of
the Trade-Mark Office, refusing or granting the ownership of a mark,
can be appealed within ten days to the respective Minister who, after
consulting the Solicitor of the Treasury, shall either affirm or revoke it.
ART. 32. If the interested parties have not waived judicial litiga-
tion, the Office shall forward to the competent court certified copies of
the record of application for and of opposition to the grant.
ART. 33. On receiving the certified copies referred to in the fbrego-
ing article, the court shall conduct the case according to the ordinary
judicial modes of procedure.
ART. 34. Independently of the cases of opposition referred to in the
preceding articles the interested party may apply to the courts within
the .period established in article 31, if the decision of the Director of
the Office was unfavorable, and if no waiver of judicial action was
ART. 35. In cases in which a trade-mark is not granted the fee paid
by the interested party under article 17 shall be returned.
ART. 36. Judicial decisions when final shall be communicated to the
Office for the proper purposes. The records of each case shall be also
sent in due time to the same Office.
ART. 37. The Patent Office shall keep a book in which the grants of
trade-marks shall be entered, and the Director snail make a report to
the Government, every three months, of the applications granted and
refused, and their respective dates.
For this purpose the interested parties must deposit in the office a
plate (clise tipogrAfico) of their marks.
ART. 38. Fifty dollars in national currency shall be paid for the
registration and certificate of a trade-mark, whatever its origin may be..
Twenty-five dollars in national currency shall be paid for the regis-
tration and certificates of transfers of the marks. %
Five dollars in national currency shall in the future be paid for
attested copies of certificates independently of the value of the stamped
paper on which they have to be written.
ART. 39. All marks for which certificates have been issued, as well
as all the applications and descriptions filed, shall remain in the
archives of the Patent Office.
In the event of litigation the drawing of the mark and a certified
copy of its description, as well as any other paper bearing on the
question, shall be shown to the court.
ART. 40. The marks and their descriptions shall remain in the Office
at the disposal of all those who may desire to see them.
ART. 41. Foreign trade-marks shall enjoy the guarantees provided
for by this law if they are registered in conformity with its provisions.
Their owners, or their duly authorized agents, alone, have the right
to apply for their registration.
Names of factories and of commercial and agricultural establishments.
ART. 42. The name of an agriculturalist, trader, or manufacturer,
or of a firm, and the sign or designation of a business house or estab-
lishment dealing in defined articles or products, constitute property
within the meaning of this law.
ART. 43. Anyone desirous of engaging in an industry, trade, or
branch of agriculture, in which another person is already engaged,
under the same name and with the same accepted designation, shall
adopt such modifications as will render his name or designation mani-
festly distinct from that used by the previously existing business or
ART. 44. If the party injured by the use of a trade-mark does not.
file its complaint within one year after the date of the infringement
its action shall be barred by limitation.
ART. 45. Joint stock companies shall have the same right to their
names as have private individuals, and shall be subject to the same
ART. 46. The right to the exclusive use of a name, as property,.
becomes extinct as soon as the firm or the industrial or agricultural
undertaking to which it belongs, ceases to exist.
ART. 47. The registration of a name is not necessary to secure the rights,
guaranteed to it by this law, unless it forms part of the trade-mark.
ART. 48. The following shall be punishable by a fine of from $20 to,
$500 in national currency, and by imprisonment for a period varying
from one month to one year, the corporal penalty not to be redeemed.
1. Those who counterfeit a trade-mark.
2. Those who use counterfeited marks.
3. Those who fraudulently imitate a mark.
4. Those who knowingly affix a mark not belonging to them, or a
fraudulently imitated one, on their products or goods.
5. Those who knowingly sell, place on sale, or lend themselves to
the sale or circulation of counterfeited marks, and those who sell
authentic marks without the knowledge of the owner.
6. Those who knowingly sell, place on sale, or lend themselves to
sell or circulate articles with marks counterfeited or fraudulently
7. All those who, with intent to defraud, place, or cause others to
place, on merchandise or products, any false declaration or designation
in regard to the nature, quality, quantity, number, weight, or meas-
ure, or in regard to the place or country in which the article was made
or from which it was sent. The same provision applies to medals,
diplomas, honorable mentions, rewards, or honorary distinctions falsely
alleged to have been awarded at Exhibitions or Fairs.
8. All those who knowingly sell, place on sale, or lend themselves
to the sale of, merchandise or products with any of the false declara-
tions mentioned in the preceding paragraph. In the event of the
offense being repeated the penalties shall be doubled.
ART. 49. In the cases not mentioned in the above article, the pen-
alties shall be, as stated in Titles V and VI, Section 1, Book I, of the
ART. 50. The offense of counterfeiting or imitating shall be deemed
committed, even if all the articles which should have been marked are
not counterfeited or iinitated. The counterfeiting of one single arti-
cle shall be sufficient.
ART. 51. Simple attempts to counterfeit or imitate shall not be pun-
ished, nor shall they entail civil responsibility; but the counterfeiting
instruments which may be found in the possession of the would-be
wrongdoer, shall be destroyed.
ART. 52. The proceeds of the fines referred to in this law shall be
applied to the school fund of the place where the offense was com-
mitted, if a balance is left after the payment of all civil indemnifications.
ART. 53. Merchandise or products unlawfully marked, found in the
possession of the culprit or of his agents, shall be confiscated and sold
after the destruction of the said mark; the amount realized, after
payment of the expenses and indemnity laid down by this law, shall
be given in aid of the public schools of the province in which the con-
fiscation took place.
ART. 54. All counterfeited or imitated marks or marks bearing mis-
leading statements shall be likewise confiscated and destroyed. The
same provision shall apply to the instruments which served exclu-
sively for committing offenses.
ART. 55. No civil or criminal action shall be allowed after the lapse
of three years from the time when the offense was committed or
repeated, or after the lapse of one year from the day on which the
owner of the mark had first cognizance of the fact.
The acts which interrupt limitation are the same established by law
in all cases.
ART. 56. The provisions contained in the articles of the present
title shall be applicable to those persons who, without right, make use
of the name of a merchant or of a company, of the sign or designation
of a business house or manufactory, of the name of an agriculturist or
agricultural establishment, in accordance with what is laid down in
Title II of the present law.
ART. 57. Owners of trade-marks, to whose knowledge it may come
that there are to be found in the custom-house, post-office, or any
other Government or private office, labels, capsules, wrappers, or any
other articles similar to those which constitute or appertain to their
mark may apply to the competent authority and ask for an attach-
ment on the said articles, and the court shall grant the request on the
responsibility of the petitioner upon his giving such bonds as the court
may deem proper.
It shall be optional for the court to exempt the applicant from
giving bond when he is a person of well-known responsibility.
ART. 58. Those who sell or place on sale merchandise or products
with usurped, imitated, or counterfeited marks are bound to give the
real owners of the mark full information in writing as to the name
and address of the person who sold to, or got for them the merchan-
dise or products in question, and of the date on which the sales of
the same began; and, in case of refusal, they can be compelled judi-
cially to do so under penalty of being considered as accomplices.
ART. 59. Owners of marks which have been usurped, counterfeited,
or imitated can, without prejudice to what is laid down in the fore-
going article and other measures which the criminal court may take,
apply on their own responsibility to the competent judges for the
drawing up of an inventory and of a description of the merchandise
or goods found with such marks in a place of business or elsewhere.
This inventory to be drawn up by a constable of the court, or by any
public notary whom the party interested may name, shall give a par-
ticular description of the merchandise or products. It shall be signed
by the petitioner (if he is present), by the constable of the court, or
the notary, and by the owner of the -business house, or store, or by
two witnesses in his absence.
ART. 60. When several inventories have to be made simultaneously
in different places the judge can intrust the matter to some public
notary, chosen by the petitioner, or to a commissary of police, and can
in all cases ordain, if he thinks it necessary, that the constable of the
court, or his substitutes, be accompanied by an expert, who would
supervise the description given in the inventory of the merchandise.
ART. 61. If in the act of making the inventory the explanations
required by article 58 are given, they shall be put down in the state-
ART. 62. The.certificate of the mark shall be shown before the order
to make the inventory or attach the property, as provided in the fore-
going articles, can be issued.
ART. 63. The attachment shall be removed, if, after fifteen days
from its having been ordered, the owner of the mark takes no further
action in the matter.
ART. 64. In civil suits, arising under articles 6 and 43, the plaintiff
can compel the defendant to give bond not to interrupt him in the
carrying on of his trade, industry, or agricultural pursuit-should the
said defendant desire to continue using the mark, name, or designa-
tion-and, in default of such bond, he (the plaintiff) can ask for a
suspension of the business and the seizure of the articles or products,
giving, in his turn, if required, the proper bond.
The seizure shall be effected with all the formalities of the law.
28 TRADE-MARK LAW.
ART. 65. The lawsuits to which the offenses mentioned in article
48 of this law may give rise shall be conducted in accordance with the
rules of procedure laid down in the Code of Criminal Proceedings.of
ART. 66. Criminal proceedings in these cases shall not be started by
the Government. The institution thereof belongs exclusively to the
interested parties, but after they have been started the Government
attorney may continue them.
The complainant shall be permitted to discontinue his action at any
time before the rendering of the sentence.
ART. 67. The parties injured by violation of the provisions of this
law can bring an action for damages against the authors and accom-
plices of the fraud.
The sentences in these cases shall be published at the expense of the
ART. 68. Trade-marks granted in the Republic within four months
after the promulgation of this law may be of no value, if an application
is made in due form, before the expiration of that period, for the regis-
tration of a foreign mark identical with them, or so similar as to pro-
duce confusion, previously granted by a competent authority and used
in the country before the promulgation of this law.
ART. 69. Questions which may arise in consequence of the principle
laid down in the foregoing article shall be settled judicially if the
interested parties do not reach an agreement. If they have waived
the right to apply to the courts, the provisions of articles 30 and 31
shall be observed.
ART. 70. The registration of marks, made in conformity with the
laws which are at present in force, shall be valid until the end of the
period for which the marks were granted.
The renewal of the grants shall be made in conformity with the pro-
visions of this law, preference being given to the present owners if
they apply for the renewal before the expiration of their privilege.
ART. 71. Laws No. 787, of August 19, 1876, and No. 866, of Septem-
ber 13, 1877, are hereby abrogated.
LEGISLATION ON PATENTS.
Constitution of the Republic.
ART. 89. The President of the Republic shall have power:
26. To grant, according to law, exclusive privilege, for a certain
time, to inventors, improvers, or importers of useful processes or
methods applicable to sciences or arts, and to order, in case that the
secret of the invention, improvement, or importation, be given to the
public, the proper indemnification therefore to be paid.
Rules for the political organization of the Republic.
[January 10, 1903.]
ART. 20. The Secretary of Industry shall:
5. Grant patents of invention and trade-marks.
Patent Law of M ay 8, 1858.
ARTICLE 1. The law secures for all inventors the full and undis-
turbed enjoyment of their inventions, provided that said inventions
are not against law or good morals.
ART. 2. New methods or processes discovered for the improvement
of any industry or manufacture shall also be considered inventions.
ART. 3. Devices or discoveries tending only to change the propor-
tions of things already known, or to produce articles which are merely
ornamental, shall not be deemed inventions.
ART. 4. The Government shall have the power to purchase, for the
benefit of the people at large, the secret of any useful invention.
ART. 5. To secure to an inventor the exclusive enjoyment of his
invention, a patent of privilege shall be issued in his favor, said priv-
ilege to last for not less than ten years nor more than fifteen.
ART. 6. It is hereby forbidden to grant patents of privilege to the
inventors of secret remedies. The publication of these secrets is a
matter of duty for the inventors, who shall receive in consideration
thereof a just indemnification.
ART. 7. Importers of machinery, or of methods of fabrication or
industry not known in the Republic, shall also be entitled to patents
*of privilege, the concession of which shall be subject to the rules set
forth in the following article.
ART. 8. If the establishment of the imported machinery or industry
requires the expense or the disbursement in advance of $25,000, the
privilege shall be granted for three years. If the amount to be spent
or advanced is $50,000, the privilege shall last six years. If it reaches
or exceeds $100,000, the privilege shall be granted for ten years.
ART. 9. Privileges granted to importers of machinery, or of new
methods of fabrication or industry, known and used in foreign coun-
tries, shall be limited to the district wherein the said machinery is to
be set at work, or to the territory necessary to insure its benefits.
ART. 10. Applicants for patents of privilege of the two classes afore-
:said shall file a petition explaining the nature of the invention or
improvement, but the methods, materials, ingredients, or instruments
to be used may be kept secret. The petition shall be accompanied by
:a sample of the article, smelted metal, or product to which the
invention or improvement refers.
ART. 11. Applicants for patents for imported inventions shall file
with their petition drawings'or models of the machinery to be intro-
duced, or a statement in full of the principles, methods, or processes
of the industry to be introduced in the territory of the Republic and
of the product which is sought to be obtained.
ART. 12. The Government shall appoint a committee of three com-
petent persons, whose duty it shall be to examine the process or secret
constituting the invention or improvement to which the application
ART. 13. This committee shall be .always presided over by the
Political Chief of the respective locality. Two members of the Munic-
ipal Council of the same locality shall be added to it and shall aid in
the examination referred to in the preceding article.
ART. 14. The two members of the Municipal Council and the three
members of the committee appointed by the Government shall take an
.oath, to be administered by the Political Chief, not to reveal the secret 4
,of the invention or improvement and to faithfully perform their
ART. 15. The members of the committee and those of the Municipal
Council added to it shall meet forthwith and confer without the inter-
ested parties being present about the report to be made by them.
Any difference of opinion which may arise shall be recorded.
ART. 16. The report to which the foregoing article refers shall be
forwarded to the Secretary of Fomento," enclosed in an envelope
marked "confidential." It shall be accompanied by a description of
the method, machinery, process, etc., constituting the invention,
improvement, or importation under consideration.
ART. 17. Three months, at the latest, after the receipt of the report
above referred to the Government shall cause the proper patent to be
issued, said patent to be written on stamped paper of Class No. 1.a
It shall order, furthermore, that the sealed package containing the
explanation of the secret, or the statement spoken of in article 11, be
preserved in the Department of Fomento."
ART. 18. In order to prevent the patentees from misusing their
patents the Government shall set forth on the latter that it does not
guarantee either the truth, the merits, or the advantages of the inven-
tion, improvement, or importation, and that the whole responsibility
therefore is left to the patentee.
ART. 19. If the patentee desires to make some changes in his inven-
tion, or in his original application, before obtaining the patent, or at
any time thereafter within the period of the concession, he shall make
a declaration in writing to that effect, accompanied with a description
of the novelties to which he refers, the whole thing to be done in the
manner and form established in article 10. The variation of the privi-
lege shall not entail any extension of the time of the patent.
ART. 20. Patentees shall enjoy the exclusive right of using the
invention or improvement to which the patent refers and of receiving
the benefits thereof.
ART. 21. Patentees shall have the right to found establishments for
the working of their patents, either at any place in the Republic, if the
privilege extends to the whole of it, or at the locality to which the
patent may have been circumscribed. They shall also have power to
authorize other persons to make use of their methods and to dispose
of their patents as personal property.
ART. 22. Patentees shall not assign or transfer their patents, wholly
or in part, except by means of a public instrument; otherwise their
privilege shall be forfeited.
ART. 23. The priority in the application for a patent, if any dispute
or doubt arises in case that two applications are made, shall be proven
by the certificate of the Secretary of "Fomento," who shall make a
record of the day and hour on which the petitions are filed.
ART. 24. The period of the privilege of invention, improvement, or
importation begins at the date of the decree by which it was granted.
ART. 25. Patents shall be recorded in special books kept for this
purpose at the Department of "Fomento." The original petition,
a Stamped paper of this class was worth at the date of this decree 2 bolivianos per
sheet. Now it belongs to class No. 6.
the specifications, and all other papers spoken of in article 10 shall
be kept on file in the same Department until the expiration of the
ART. 26. The granting of patents shall be officially communicated
by the Secretary of "Fomento" to the Political Chiefs of the dif-
ferent districts and published in the official newspaper. The patents
shall be also inserted in the Collection of laws and decrees.
ART. 27. At the expiration of the time of a patent, the invention,
improvement, or privilege to import some new industrial method,
shall become public property.
ART. 28. At the expiration of the time of a patent, the petition,
specifications, and all other papers referred to in article 10 of this
law shall be published and kept on file in the Public Library of the
ART. 29. Whenever a privilege becomes forfeited for any of the
reasons set forth in this law, the publication of the papers and the
filing thereof in the Public Library, for the purposes of article 27,
shall be likewise made.
ART. 30. The Government shall cause the descriptions and specifica-
tions, as well as all drawings accompanying them, to be printed and
circulated in sufficient number through the Political Chiefs of the dis-
tricts, so as to make the general public acquainted with the methods
of the extinct patent.
ART. 31. Patentees shall have the right, upon giving the proper
bond, to ask for the seizure of the machinery and instruments with
which their patents have been or are infringed, and of the products
obtained through their use.
ART. 32. Infringers shall be punished, upon conviction, by the
confiscation to the benefit of the patentees of all the property seized.
They shall also be bound to pay damages in proportion to the amount
of the fraud.
ART. 33. If the fraud is not proved, the patentee shall be con-
demned to indemnify the supposed infringer for the losses and dam-
ages sustained by him in consequence of the seizure, and to pay a fine
equal in amount to that which the latter might have had to pay if
ART. 34. Whenever a patentee is disturbed in the exercise of his
exclusive rights as such, he shall have the right to apply for pro-
tection to the courts of justice and request. that the infringers be
punished according to the preceding articles. But in case that a dis-
pute on the validity or invalidity of the patent should arise, the question
shall be decided by the tribunal designated by law to take cognizance
of cases against the Government.a
a This special tribunal having been abolished, the ordinary courts and tribunals of
justice shall take cognizance of these cases.
ART. 35. In case of question or dispute between two patentees as to
the true ownership of the invention, if the similarity of the two pat-
ents is absolute, recognition shall be given to the one first granted.
ART. 36. The patent subsequent in date shall be, in the case of the
preceding article, considered as a patent of improvement.
ART. 37. Patents granted for an invention or improvement, or for
the importation of foreign inventions or improvements, which the
tribunals may condemn as contrary to law, public security, or police
regulations, shall be void. Patentees in this case shall have no right
ART. 38. Patents shall be forfeited, not only in the cases already
explained, but also in the following:
1. When the patentee is convicted of having concealed, in his speci-
fication, the true manner of putting his invention into practice.
2. When the patentee is convicted of having employed secret meth-
ods not mentioned in the specification, or in the declaration under
article 19 of the intention to amend it.
3. When the patentee is convicted of having concealed the fact that
the invention for which he applied and obtained a patent was at the
time of his application known and described and published, through
the public press, within or without the Republic.
4. When the patentee has allowed one year and a day to pass since
the day on which the privilege was granted to him, without having
put his invention into practice, and has not given sufficient reason
under the law to excuse his negligence.
5. When the patentee, or the assignee of his rights, fails to comply
with the obligations imposed by the patent.
ART. 39. In all cases of nullification or extinction, for whatever
reason, of a patent, the provisions of article 27 of the present law
shall be carried into effect.
Decree of September 11, 1877.
Considering that the decree of May 8, 1858, does not contain certain
provisions which should be added to it, in order to insure in favor of
the industry the good effects which must be expected from the grant-
ing of patents, and at the same time prevent this business from being
turned into reckless speculation, tending to increase fruitlessly the
burdens of the Government, I do hereby decree as follows:
ARTICLE 1. No patent shall be granted in any of the cases mentioned
in the decree above named, except upon proof of the truth of the
claims made by the applicant, and of the usefulness of the invention,
and the advantages which are promised to be derived from it to the
ART. 2. The examining committee shall report upon these points,
setting forth all the facts and circumstances which may be conducive
to form an exact idea about them.
The applicant shall furnish to this effect the committee with all
documents and proofs which may be needed, and shall give all the
explanations, and make all the experiments which may be required.
When the application refers to the importation of new machinery,
or industrial methods, the applicant shall submit an itemized schedule,
duly supported by proof, of the expense he shall have to incur for this
purpose. The report of the committee shall also embrace this point.
ART. 3. When theexplanation of the invention or improvement
can not be made without revealing the secret of the same, the appli-
cant shall be permitted to refrain from making it; but he shall be
bound to give such experimental proof of his invention as to convey
the full knowledge thereof which is desired.
ART. 4. Applicants who, upon fulfillment of the requisites set
forth in the preceding articles, succeed in securing their patents, shall
pay a fee of 100 bolivianos, and deposit, furthermore, in the
National Bank of the Republic, the sum of either 100, 200, or 300
bolivianos, according to the duration of the patent, which may be for
three, six, or ten or more years, as security that the patent shall be
put into practical operation. At the expiration of one year, granted
for this purpose, without the patent having been put into practice, the
amount deposited shall become the Government's property and shall
be transferred to the National Treasury.
ART. 5. The present decree shall be considered as supplemental to
the decree above cited of May 8, 1858, which as now amended shall
remain in force.
Order of the Secretary of the Treasury and Industry of January 17,
Upon examination of the case of Jos6 Szendy, applicant for a patent
for the manufacture of felt hats in this and other cities in the Republic,
* it is decided, and this decision shall be taken as a general
rule, that in the cases mentioned in article 7 of the decree of May 8,
1858, the fact that the machinery or industrial method to be imported
from abroad has not been previously used, within or without the
Republic, is indispensable for the granting of patents.
Order of the Secretary of the Treasury of March 26, 1903.
Considering that the concession of exclusive privileges to importers
of machines, or methods of fabrication or industry, is subordinated to
the indispensable condition that the imported machines or methods are
not known, or have not been used or put into practice, previous to the
concession, within or without the Republic; and that the application
of Matias Talamas, asking for a patent of privilege for a machine to
manufacture cigars and cigarettes, which is known and used in the
country, is against article 4 of the political Constitution of the State,
which guarantees industrial liberty and restricts the power of the
Executive in granting patents, excluding from it machines already
known; and whereas no new invention for the manufacture of the
articles aforesaid is herein involved, thereupon the application for
the patent referred to is rejected.
LEGISLATION ON TRADE-MARKS.
Law of November 25, 1893.
ARTICLE 1. A tax of 5 bolivianos per year, to be collected through
the Department of the Treasury and Industry, shall be hereafter
levied on every trade-mark which may be filed for registration at the
ART. 2. The Executive power shall make the proper rules for the
execution of this law.
Rules for the execution of the trade-mark law. (3March 27, 1897.)
Whereas the law of November 25, 1893, which ordered a tax on
trade-marks to be levied and paid, gave authority to the Executive to
make rules for the proper execution of its provisions:
Therefore, I, the Chief Magistrate of the Republic, by virtue of the
power vested in me by item 5, article 89 of the Constitution, do
ARTICLE 1. An annual tax of 5 bolivianos shall be levied on each
trade-mark filed for registration under the present rules.
ART. 2. The following shall be considered as trade-marks, namely:
Engravings, monograms, vignettes, stamps in relief, letters and numer-
als with a special design, casks or wrappings of articles, and any other
signs intended to distinguish from all others the products of a factory.
ART. 3. The trade-mark secured through the process established in
the present decree shall be the exclusive property of the manufacturer
or business man who obtained it, and he shall have the right to oppose
its being used by other manufacturers or business men. He may
enforce before the courts his exclusive rights, which he may also
assign or transfer to others by contract or last will.
ART. 4. The sale of the business house, or industrial enterprise to
which the mark belongs, shall carry with it, unless provided otherwise
by the contracting parties, the transfer of the mark.
ART. 5. The transfer of the mark shall be, for the purposes of this
decree, recorded at the proper office.
ART. 6. All applications shall be accompanied by two copies or
samples of the engraving, emblem, letter, stamp in relief, etc., which
is to be used. One copy shall be filed at the registration office and
the.other forwarded to the Department of "Fomento."
ART. 7. The application shall also be accompanied by a description
of the mark, made in duplicate, said description to specify the article
or articles for which it is intended. If the owner of the mark does
not personally attend to the business of this application, the power
of attorney authorizing the applicant to act in his behalf shall also
accompany the application.
ART. 8. No application shall be admitted if it is not accompanied
with a receipt issued by the Department of the Treasury showing that
the tax established by article 1 of this decree has been paid. Failure
to comply with any of the provisions of this article shall cause the
respective functionary to be responsible for the value of the patent.
ART. 9. The application shall be filed before the notary of the
Treasury, who shall make at the foot of the document a short state-
ment of its contents, and the day and hour on which it is filed, as well
as of the fact that the duplicate copy of the mark was also filed.
ART. 10. The Prefects, after having complied with all the requi-
sites established in the foregoing articles, shall grant in the name of
the nation the exclusive right to use the trade-mark. The decree by
which this grant is made, as well as the application itself with all its
exhibits, shall be published in the Official Bulletin, and if there is no
such Bulletin, in any newspaper to be designated for that purpose, the
publication to be made three separate times, ten days intervening
between each, at the cost of the interested party.
ART. 11. After the publication is made as directed in the foregoing
article, the applicant shall request, if no opposition has been shown to
the granting of the trade-mark, that the whole record should be for-
warded to the Secretary of "Fomento," in order that he, upon the
proper report of the law officer of the Department, may approve the
The decision of the Secretary with all the papers of the case shall
be recorded in a book specially kept for this purpose by the notaries
of the Treasury. The entry shall be signed by the Prefect, the Dis-
trict attorney, the interested party or his attorney, and the notary.
Copies of this entry shall be given to the interested party and to the
Department of Fomento.a
ART. 12. If any opposition is made after the expiration of the time
of publication, the Prefect shall refer the whole record to the District
attorney, who shall decide about the priority of rights according to law.
ART. 13. If the decision of the Prefect is against the granting of the
a The text of this article has been amended by decree of March 13, 1900.
trade-mark, an appeal may be taken against it within eight days, to be
counted from the date of notification, to the Secretary of "Fomento,"
who, after hearing the opinion of the Attorney-General, shall affirm
or reverse the decision. The decision of the Secretary of "Fomento"
shall be final.
AKT. 14. The samples of marks, or emblems, and their descriptions
shall be faithfully kept, duly inventoried, and methodically classified,
by the notary of the Treasury. They shall be exhibited for public
inspection in well-arranged cases.
ART. 15. Counterfeiters of trade-marks, adulterators of articles of
commerce of a business house which makes use of a trade-mark, and
sellers of counterfeited articles shall be punished with a fine of from
20 to 200 bolivianos, independently of the penalties mentioned in arti-
cle 302 of the Penal Code.
ART. 16. Articles of merchandise bearing counterfeited trade-marks
shall be confiscated to the benefit of the Departmental Councils.
ART. 17. Business men who prior to the enactment of this decree
have been making use of a trade-mark which proves to be identical
with another trade-mark granted under the new provisions shall be
bound to adopt some change or modification of their distinctive sign or
emblem. Their failure to do so shall render them liable to be pun-
ished as counterfeiters.
ART.. 18. Business men who make use without the proper authority
of a trade-mark shall be -punished with a fine of from 5 to 50 bolivia-
nos, for the municipal fund, without prejudice to their being com-
pelled to secure in the proper way the authority required by this decree.
ART. 19. Joint stock companies are entitled to the use of their
names without any restriction.
ART. 20. Foreign trade-marks shall not enjoy the guaranties
granted by the present decree unless they are registered with the same
formalities as are established for the domestic ones.
ART. 21. Business men who fail to pay the taxes due on account of
their trade-marks shall be subject to the process of coercion estab-
lished by law against delinquents of this kind. If the payment is not
made after the first notice a sufficient number of the articles of com-
merce protected by the mark shall be seized and sold at public auction.
The amount of the tax and a penalty of 2 per cent per month shall be
collected by this process. The concession of the trade-mark may be also
ART. 22. Business men who after having been punished as provided
in the foregoing article should continue to make use of the trade-
mark, shall be prosecuted as counterfeiters.
Decree of Mfarch 13, 1900, amending article 11 of the foregoing decree
of MJarch 27, 1897.
Whereas the formalities established in article 11 of the decree of
March 27, 1897, on the subject of trade-marks, are apt to delay the
prompt transaction of this business: Therefore, I do hereby decree:
SOLE ARTICLE. Article 11 of the decree of March 27, 1897, is hereby
amended so as to make it read as follows:
"ART. 11. The publication provided for in the foregoing article
having been made and no opponent having appeared, the interested
party shall ask that the whole record of his case be forwarded to the
Secretary of 'Fomento,' who, after hearing the opinion of the Attorney-
General, shall approve the concession and issue in consequence thereof
the respective patent. The record shall then be returned to the Prefect
for the purposes set forth in article 14."
Decree of Jlay 30, 1902, for the registration of trade-marks.
Whereas it is imperative to supplement the Rules for the registra-
tion of trade-marks, by explaining the manner in which they must be
numbered, designating the offices from which they are to be issued,
and the manner in which they shall be recorded, and to establish also
a rule that will protect merchants who have acted in good faith and
who have ordered merchandise bearing a trade-mark subsequently
registered by others;
Now, therefore, I, Josg Manuel Pando, constitutional President of
the Republic, decree:
ARTICLE 1. Certificates of trade-marks shall bear the number
which corresponds to them in the order of their registration in the
Department of 'Fomento,' and shall have attached on the reverse
side thereof the drawing that represents the trade-mark, sealed with
the seal of the Department and signed by the Chief Clerk of the
ART. 2. The Department of 'Fomento' shall keep a book for the
registration of the certificates issued, recording the number and the
nature of the article, and attaching to each entry a copy of the drawing
of the trade-mark, sealed and signed by the patentee or his attorney.
The same formalities of guaranty shall be observed in the register kept
by the notaries of the Treasury.
ART. 3. Merchandise of a particular trade-mark, ordered from abroad
prior to the date of the filing of the application with the Prefect for
registration of the same trade-mark, shall not be considered articles of
commerce bearing a counterfeited trade-mark.
ART. 4. The Department Prefects shall order the publication in the
Department Bulletin, or in some other newspaper of greater circula-
tion, of the application for registration of trade-marks, so as to
cause merchants who have ordered goods in advance covered by the
trade-mark whose registration is solicited to be be duly advised.
ART. 5. Certificates already granted shall form Series A and shall
be numbered in the order of their being filed in the Department.
Series B shall commence with No. 1 and shall apply to trade-marks
registered on and after this date.
ART. 6. These provisions supplement those given by Executive
decrees of March 27, 1897, and March 13, 1900.
Article 19 of the Constitution of Paraguay guarantees to all authors,
inventors, or discoverers the exclusive ownership for a certain num-
ber of years of their works, inventions, or discoveries. But up to
this date no law relating especially to this matter has been enacted.
The modus operandi in these cases is as follows:
The interested parties apply to Congress, asking for the privilege
which they desire, and Congress by special act grants or refuses the
patent as it may deem proper. Patents are generally granted for ten
TRADE-MARK LAW (JULY 6, 1889).
ARTICLE 1. Trade-marks are names, stated in a special form, of
objects or of persons, emblems, monograms, engravings or prints,
seals, vignettes, reliefs, letters and numbers of a particular design,
receptacles or wrappers, and any other signs intended to distinguish
manufactured products or articles of commerce.
ART. 2. Trade-marks can be affixed either upon the receptacles,
wrappers, or the articles themselves.
ART. 3. The following shall not be considered as trade-marks:
1. Letters, words, names, or titles used or to be used by the Gov-
2. The form or shape given to the product by the manufacturer
3. The color of the product.
4. Words and expressions which have become of general use.
5. The designations usually employed to indicate the nature of the
product or the class to which it belongs.
6. Drawings or expressions contrary to good morals.
ART. 4. The absolute ownership of the trade-mark and the right to
oppose the use of any other which may directly or indirectly produce
confusion between the products, belong to the manufacturer or mer-
chant who has complied with the provisions of the present law.
ART. 5. The absolute ownership of a trade-mark applies only to the
kind of article specifically protected by the latter.
ART. 6. The use of the trade-mark is optional, but it may be made
compulsory when required for the public benefit.
ART. 7. The ownership of a trade-mark is hereditary and can be
transferred by contract or by last will and testament.
ART. 8. The'sale or transfer of the establishment where the article
is produced carries with it the trade-mark, if not provided otherwise.
The assignee shall have the right to use the trade-mark, even if con-
sisting of the name of the assignor, or of some one else, as freely as
the assignor himself might personally have done, with no other restric-
tions than those expressly set forth in the deed of sale or assignment.
AIT. 9. The transfer of a trade-mark shall be recorded at the office
where it is registered; otherwise the right to use it shall not be
conveyed to the purchaser or assignee.
ART. 10. No trade-mark shall be considered to be in actual use, for
the purpose of ownership under the present law, except those for
which the office has given a proper certificate.
AiT. 11. The protection of the rights of the manufacturer or mer-
chant respecting the exclusive use of the trade-mark shall last only
ten years, but may be extended indefinitely for equal periods, pro-
vided that all the formalities required are complied with, and the tax,
to be established elsewhere in this law, is duly paid.
ART. 12. All those wishing to secure the ownership of a trade-mark
shall apply to the Board of Public Credit, in which a Bureau of
patents and trade-marks shall be established.
ART. 13. Applications for trade-marks shall be accompanied by the
1. Two copies of the trade-mark to which the application refers.
2. Description, in duplicate, of the trade-mark, if it consists of
figures or emblems, indicating the class of objects for which the trade-
mark is intended and whether it applies to manufactured products or
articles of commerce.
3. A receipt showing that the amount of the tax established by
article 19 of the present law has been paid in the office of the Treas-
urer of the Board of Public Credit, with the approval of the Comp-
troller of the Treasury.
4. A power of attorney executed in due form of law in case the
application is not made personally by the interested party.
ART. 14. A record of all the applications.filed shall be kept in a
book, the pages of which shall be numbered and signed by the Secre-
tary of the Treasury, briefly stating the contents of the application
and the date and hour of filing.
This record shall be signed by the President of the Board of Public
Credit (or in his absence by another official of the Board), the Secretary,
and the applicant, and the latter shall be given, if he so desires, a cer-
tified copy thereof, written on a sheet of 50-cent stamped paper.
ART. 15. Preference for the ownership of a trade-mark shall be
governed by the day and hour on which the application was filed.
ART. 16. A certificate of trade-mark to be issued by the Bureau of
Patents shall consist of a certified copy of the decree by which it was
granted, accompanied by a duplicate of the description and the draw-
ings. The certificate shall be issued in the name of the nation, and
shall be authorized by the signatures of the President and Secretary
of the Board of Public Credit and with the seal of the Board.
ART. 17. An appeal may be taken to the Secretary of the Treasury,
within the period of ten days, against the decision of the Board of
Public Credit denying the ownership of a trade-mark, and the Secre-
tary of the Treasury shall affirm or repeal the decision after hearing
ART. 18. The Board of Public Credit shall keep a book in which all
the concessions of trade-marks shall be inscribed in their regular
order; and the President of the Board shall send every three months
to the Secretary of the Treasury a statement of the certificates granted
and denied, giving in each case the respective dates.
These statements shall be published in the newspapers.
ART. 19. A tax or fee of fifty dollars shall be paid for the regis-
tration of all trade-marks and the certificates thereof.
For any certified copy of the said certificates which may be desired
thereafter an additional fee of five dollars shall be paid, this fee not
including the value of the stamped paper, which shall be in this case
one dollar for the first folio and twenty-five cents for each additional
ART. 20. The trade-marks for which certificates have been issued
shall be kept in the archives of the Board of Public Credit.
In case of litigation, a drawing of the trade-mark or of any section
thereof shall be produced before the court together with a certified
copy of the description and of every other paper concerning or relat-
ing to the subject.
ART. 21. Trade-marks and the descriptions thereof shall be kept in
the Bureau at the disposal of anyone wishing to examine them.
ART. 22. The name of the merchant, firm, or business house dealing
in a certain kind of article shall constitute industrial property for the
purposes of the present law.
ART. 23. If a merchant desires to engage in an industry in which
another person is already engaged, with the same name, or with the
same conventional designation, he shall adopt such a modification of
the said name or designation as to render it visibly distinct therefrom.
ART. 24. If a person who has been injured by the use of a trade-
mark does not claim within one year, to be counted from the date on
which the said use began, his action shall be barred by limitation.
ART. 25. Joint stock corporations shall have a right to the name
used by them and shall be subject to the same limitations as private
ART. 26. The right to the exclusive use of a name as industrial
property shall terminate with the existence of the business house or
the branch of industry hearing the same.
ART. 27. It shall not be necessary, for the exercise of the rights
granted by this law, to register a name unless it forms part of the
ART. 28. Fines ranging from $20 to $500, and imprisonment from
fifteen days to one year, shall be imposed on the following:
1. Those who counterfeit or in any manner alter a trade-mark.
2. Those who affix upon their products or articles of commerce the
trade-mark of some other person..
3. Those who knowingly sell, offer for sale, consent to sell, or circu-
late articles on which a counterfeited or fraudulent trade-mark has
4. Those who knowingly sell, offer for sale, or consent to sell coun-
terfeited trade-marks, and those who sell authentic marks without the
knowledge of their owner.
5. All those who, with fraudulent intention, affix or cause others to
affix upon merchandise a title or any other false designation relating
either to its nature, quality, quantity, number, weight or measure, or
the time or country in which it has been manufactured or shipped.
6. Those who knowingly sell, offer for sale, or consent to sell mer-
chandise bearing the false titles and designations spoken of in the
In cases of second offense the penalty shall be doubled.
ART. 29. To constitute offense it shall not be necessary for the
counterfeit to embrace all the objects which should have been marked,
it being sufficient for the counterfeited mark to appear on only one
ART. 30. The simple attempt shall not be deemed punishable or to
entail civil responsibility, but it shall be sufficient reason to cause the
destruction of the instruments which would have served for commit-
ting the counterfeit.
ART. 31. Those who sell or offer for sale merchandise bearing a
usurped or counterfeited trade-mark shall be bound to give to the
merchant or manufacturer who is the owner thereof complete infor-
mation in writing of the name and address of the person or persons
from whom he purchased or obtained the merchandise, and also of the
time which they began to sell it. In case of refusal, they can be
judicially compelled to do so under penalty of being considered as
ART. 32. All merchandise bearing counterfeited trade-marks found
in the possession of the counterfeiter or of his agents shall be con-
fiscated and sold, and the proceeds of the sale shall be applied, after
deducting the costs and indemnities established by the law, to meet
the expenses of the national schools.
ART. 33. Counterfeited trade-marks found in the possession of the
counterfeiter or his agents shall be destroyed, together with the
instruments used in making the counterfeit.
ART. 34. Criminal proceedings shall be instituted only at the request
of interested parties, but after they are started they may be continued
by the Government attorney.
The complainant may abandon his action at any time during the
proceedings up to the moment of pronouncing the sentence.
ART. 35. Those who have been injured by violators of the present
law have the right to sue for damages the authors and abettors of the
Sentences passed in these cases shall be published at the expense of
the condemned parties.
ART. 36. No criminal or civil action can be instituted after a lapse
of three years, to be counted from the date on which the offense was
committed or repeated, or after one year, to be counted from the date
on which the owner of the trade-mark became acquainted for the first
time with the fact.
Interruptions of the time required to bar by limitation the action of
a complainant shall be the same as are established by law for all cases.
ART. 37. The provisions contained in the foregoing articles of the
present title shall be applicable to those who without any right to do
so make use of the name of a merchant or of the title or designation
of a commercial house or factory, as set forth in title 2 of the present
ART. 38. Manufacturers who at the time of the promulgation of
the present law are in possession of a trade-mark within the territory
of the Republic shall not be entitled, however, to the exclusive use
of the same, unless they fulfill the conditions required by the present
law; and for this purpose the period of one year, to be counted from
the date of promulgation, is hereby granted to them.
ART. 39. If before the promulgation of the present law several
manufacturers have made use of the same trade-mark, the right to
the exclusive use thereof shall be given to the one proving to have
made first use of it.
Should these parties be unable to prove priority in the use of the
trade-mark, the ownership shall be given to the one doing the greatest
amount of business.
ART. 40. Parties failing to register a trade-mark within the period
fixed in article 38 of the present law shall not be entitled to take
advantage of the use made thereof before the sanction of the present
law to claim the right of priority.
50 TRADE-MARK LAW.
ART. 41. Before issuing a certificate of trade-mark within one year
after the promulgation of the present law, the application of the inter-
ested party or parties shall be published for thirty days at the appli-
cant's expense in a newspaper of the capital of the Republic, or of his
residence, should any be published there.
ART. 42. In order that foreign trade-marks may be given the pro-
tection accorded by this law, they shall be registered in conformity
with its provisions.
The owners of foreign trade-marks or their duly accredited agents
are the only ones authorized to apply for their registration.
ART. 43. The Executive Power shall make such rules as may be
necessary for the execution of the present law.
In Peru, as in Paraguay and some other countries of America, the
origin and foundation of the law on patents of invention is to be
found in its political constitution. Article 27 of that instrument reads
"Useful discoveries are the exclusive property of their discoverers,
except when they have willfully agreed to sell the secret thereof, or
in case of condemnation of the patent for public use. Importers
of discoveries made abroad shall enjoy the same advantages as the
discoverers themselves, during the period of time allowed to the latter
under the law."
PATENT LAW OF JANUARY 28, 1869.
ARTICLE 1. Discoveries or inventions in any branch of industry
give their authors the exclusive right to work them to their profit
under the conditions and for the time established in this law. This
right shall be proven by means of a patent issued by the Government.
ART. 2. The following shall be considered inventions or discoveries:
1. All new industrial products.
2. All new methods or processes, or new applications of methods or
processes already known, for obtaining an industrial product.
ART. 3. The following shall not be patentable:
1. Pharmaceutical compositions and medicines of all kinds.
2. Financial plans or business combinations to secure credit or
3. Methods or processes intended to improve some industry, if they
are already known and freely used either at home or abroad.
ART. 4. The right to put into practical operation plans and combi-
nations of the class referred to in paragraph 2 of the foregoingarticle
shall be allowed when the contracts therein involved are permitted by
law; but the granting thereof shall always be made at public auction.
ART. 5. The duration of the privilege shall not exceed ten years,
and those who obtain it shall pay $100 each year. This money shall
be used in defraying the expenses of public works in the province
where the patent is used.
ART. 6. Applicants for patents of invention or introduction shall
file their petitions at the office of the Prefect of the department wherein
the patent is to be used, or at the office of the Prefect of the depart-
ment where they have their domicile, if the patent is to be used in two
or more departments.
ART. 7. The applications shall contain-
1. The description of the invention.
2. The drawings or samples required for the proper understanding
3. A statement, list, or schedule of the models accompanying the
4. A clear and precise statement of the main purpose of the inven-
tion, the elements constituting it, and its uses.
5. The duration of the privilege.
6. The bond to be given as security for the carrying out of the idea
represented by the invention.
ART. 8. The application shall be written in Spanish, and no num-
bers, weights, or measures shall be used which are not known in the
If among the signers of the application there is any who is a for-
eigner, he shall make express renunciation of any right he may have
to ask for diplomatic intervention in his behalf, in case that any
question relating to the privilege asked for should ever arise. The
said foreigner shall submit absolutely and exclusively to the laws and
tribunals of the Republic. Without these requisites the application
for the patent shall not be acted upon.
ART. 9. The Prefects shall refer the application to the Municipal
Council, to the Government attorney, and to all the other functionaries
who, according to the nature of the subject, may have the right to
express an opinion thereon. If necessary, they will hear also the
opinions of experts. All this having been done, the Prefects shall for-
ward the complete record, together with the drawings, models, etc., and
their own report, all at the expense of the applicant, to the Secretary
of the Government Department to which the matter belongs.
ART. 10. The Secretary of the said Government Department shall
refer the case to the Attorney-General and to all the Bureaus or offices
which he may deem proper, and upon their opinions or reports he shall
grant or refuse the privilege.
ART. 11. Extensions of the time of the privilege, and changes or
modifications of the same, shall never be granted, except by an act of
Congress, at the request of the patentees, and upon substantial reasons,
well-established facts, or trustworthy documents.
ART. 12. The right to use the privilege shall belong exclusively to
the patentee. All other persons must have either his permission or a
formal conveyance or transfer of his rights in their favor, said convey-
ance or transfer to be made under the methods recognized by law.
ART 13. Patents of privilege shall be null and void in the following
1.' If the discovery, invention, or application, is not new.
2. If they are not included in the classes explained in article 2.
3. If they refer to principles, methods, systems, theoretical or sci-
entific discoveries, the industrial application of which has not been
4. If they prove to be detrimental to public safety, public order, or
the provisions of law. It is understood that the nullification of the
patent in this case does not exempt from due punishment the manu-
facturers or sellers of forbidden articles.
5. If it is proven that they were applied for and obtained, with the
fraudulent intention of securing results different from the true one of
6. If when put into practice it is found that they do not correspond
with the description filed with the application.
7. If they were obtained in violation of any of the provisions of
8. If in granting the privilege, some pecuniary subsidy not pro-
vided for in the general appropriation law, or some exemption con-
trary to law, was also granted.
All measures relating to amendments, improvements, or additions not
embraced in the original patent shall also be void.
ART. 14. No discovery, invention, or application shall be deemed new,
if sufficient publicity to make it known has been given to it, either at
home or abroad, previously to the date of the application.
ART. 15. The patentee shall forfeit his privilege:
1. If he does not pay the annual quotas required by article 5.
2. If he does not put his invention or discovery into practice within
two years after the date of the patent, or during the period which the
patent itself may state, except in case that he furnishes sufficient
reasons capable to exculpate his failure.
3. If he imports from abroad articles similar to those protected by
the patent. Models of machinery shall be excepted from the opera-
tion of this rule when examined by the Government and imported
with its authorization.
ART. 16. Whoever assumes unlawfully the title of owner or pos-
sessor of a privilege and calls himself such, in handbills, advertise-
ments, marks, stamps, etc., without having any right to do so, or after
the expiration of the patent, shall be punished with a fine not to
exceed 50,000 sols, according to circumstances. In case of second
offense the fine shall be doubled, but the penalties attached to the
making of false statements shall be also imposed.
ART. 17. All persons interested in a privilege shall have the right
to ask for the nullification or cessation thereof. No decision shall be
given on this subject without first hearing the Attorney for the Gov-
ernment. If the privilege is, for any reason whatever, annulled or
canceled, notice thereof shall be given to the proper Department.
ART. 18. Infringements of patents, whether by manufacturing the
patented products or by using the methods and processes protected
by the patent, shall constitute a criminal offense to be punished,
according to the circumstances of the case, with a fine to the benefit
of the patentee, and the confiscation of the machinery, products, and
everything connected with the infringement.
ART. 19. Patents now in operation, issued in accordance with the
provisions of the law in force at their respective dates, shall continue
in existence for the balance of the period granted to them.
AMENDMENT OF THE FOREGOING LAW, ENACTED ON THE 3D OF
Whereas experience has shown the necessity of amending the patent
law of January 28, 1869, the following is hereby enacted:
ARTICLE 1. Persons or corporations desirous of obtaining a patent,
be they inventors or importers of inventions, must file their applica-
tions directly at the Government offices. The Secretary of Commerce
will take charge of the application and issue the letters patent.
ART. 2. The application shall be accompanied by the following: First,
a description, in duplicate, of the invention or fact on which the inven-
tion is based;.second, the plans, samples, or drawings, in duplicate,
which may be necessary to illustrate the invention; third, a memoran-
dum on the objects or papers submitted with the application; fourth,
the clear and precise specification of the claim, stating its distinctive
features and the uses of the invention; fifth, a statement of the time
for which the patent is requested, provided that it does not exceed
ten years, which is the maximum allowed by the law.
ART. 3. As the Government does not guarantee either the novelty
or usefulness of the invention, the security required by article 7, sec-
tion 6, of the patent law in force shall no longer be obligatory.
ART. 4. The application shall be referred to the Industrial Bureau,
where the applicant shall be provided with a certificate showing the
date of the application. If the applicant should so desire, an official
notice stating the name of the inventor and the nature of the invention
shall be published at his expense during thirty days. This having
been done, the application shall be referred to two examiners duly
appointed. Should their opinion be contrary to the claim notice shall
be given to the applicant, and when he may have submitted his reasons
for upholding the claim a third examiner shall be associated to those
already appointed and their final opinion referred to the Industrial
Bureau and to the Attorney-General, after which the Secretary of the
Treasury shall give his decision.
ART 5. If the decision is favorable an order shall be made directing
the patent to be issued, as soon as the applicant shall pay into the
Treasury the sum of 50 sols, as Government fees, and unless this pay-
ment is made the patent shall not be issued.
ART. 6. The duration of the privilege shall be counted from the
date of the patent; and the patent shall have effect in all parts of the
ART. 7. The law of January 28, 1869, is hereby amended, and the
decree of February 26 of the same year is repealed. The models to
which it refers shall be kept in the future in the Industrial Bureau.
ART. 8. Applications which may be pending, at the time of the pub-
lication of this law, at the Prefect's office or before the provincial cor-
poration, shall be immediately referred, regardless of their condition,
to the Minister of Finance, who shall attend to the further prosecu-
tion of the claims according to this law, omitting the publications of
the official notice.
The Executive shall take all necessary measures for enforcing
EXECUTIVE DECREE ON EXTENSIONS OF TIME FOR COMMENCING
THE WORKING OF PATENTS.
LIMA, May 10, 1903.
Considering that in conformity with article 15 of the law of January
28, 1869, it is within the power of the Government to fix the term dur-
ing which a patent must be put in operation, and that therefore it has
also the power to extend the said term, when required by circum-
stances: It is
Resolved, That the Government shall grant an extension of the time
granted for commencing the working of a patent of invention, when
the application therefore be sufficiently justified, and accompanied by a
certificate of the Solicitor of the Treasury showing that the petitioner
has paid the sum of 25 sols; it being understood that this extension
does not in any way modify the duration of the patents as prescribed
by article 50 of said law.
TRADE-MARK LAW (DECEMBER 19, 1892).
ARTICLE 1. All persons or industrial corporations have the right to
apply for and obtain the official registration of denominations of arti-
cles, or names of persons written in some particular form, emblems,
monograms, engravings, drawings, seals, vignettes, stamps in relief,
letters, and numerals made or written in some special form, casks and
wrappings, and in general any kind of sign or mark by which products
of a factory, or articles of one class of trade, may be distinguished
from all others.
ART. 2. The use of a mark is optional, but if required by the good
of the public it shall be compulsory.
ART. 3. The following can not be registered as trade-marks:
1. Letters, words, names, or marks used, or to be used, by the Gov-
2. The form or shape given to the article by its manufacturer.
3. The color of the article.
4. Terms or expressions in general use.
5. Designations usually employed to indicate the nature of the
articles or the class to which they belong.
6. Immoral drawings or expressions.
ART. 4. The right of ownership recognized by a registered trade-
mark shall last ten years, but this time may be extended for another
ten years, provided that application to that effect is made at any time
within six months before the expiration of the first period, and pro-
vided further that all the requisites provided for in the original regis-
tration shall be again complied with.
ART. 5. The registration of a trade-mark entails the recognition of
absolute ownership of the same in favor of the party obtaining it, and
also of the right to oppose by legal means the use of any other mark
liable to produce confusion, either directly or indirectly, between his
own articles and others of similar kind. This right of ownership only
extends to industries of the same kind.
ART. 6. The ownership of trade-marks passes to the heirs, and is
transferable by contract or testamentary disposition.
ART. 7. It is to be understood that the sale or transfer of the factory
or establishment which owns and uses a trade-mark carries with it, if
nothing is provided to the contrary, the transfer of the ownership of
the mark itself.
Transfers shall be recorded at the office where the marks are
ART. 8. No trade-mark shall be deemed valid, for the purposes of
law, if it is not protected by a certificate of registration issued by the
ART. 9. The priority or preference of the right of ownership of a
trade-mark shall be governed by the date of the application for its
ART. 10. To secure the ownership of a trade-mark the following is
1. To file an application for that purpose in the Department of the
Treasury and Commerce, said application to be accompanied by two
copies of the mark the registration of which is desired.
2. To file, also in duplicate, a description of the mark when consist-
ing of a figure or emblem.
3. To indicate the class of articles on which the mark is to be placed
or affixed and explain whether the placing or affixing of the mark is
to identify the products of some particular factory or to differentiate
from all others a particular class of articles of commerce.
4. To prove by means of a receipt from the General Treasury that
the registration fees have been paid.
5. To exhibit the power of attorney of the manufacturer or mer-
chant who wishes to secure the ownership of the trade-mark, if the
applicant appears in his name.
ART. 11. The industrial division of the Department of the Treasury
and Commerce shall keep a register of foreign trade-marks, and another
of domestic ones. The entries shall set forth succinctly the claims of
the applicants, and the day and hour on which the applications are
filed. Each entry shall be signed by the head of the office, the secre-
tary or clerk in charge of the matter, and the applicant himself. The
applicant shall be provided, at no other expense than the cost of the
stamped paper, with a copy of the entry. The registration books shall
be paginated, and the initials or signature of the Secretary of the
Treasury shall be affixed to each one of their folios.
ART. 12. The registration office shall keep another book, wherein
concessions of ownership of trade-marks shall be entered in chrono-
logical order. The head of the office shall send semiannually to the
Secretary of the Treasury and Commerce a list of the concessions
made and refused during the period. This list shall be published.
ART. 13. The trade-marks shall be properly classified and preserved
in the archives of the registration office. The originals shall be pro-
duced in court in case of litigation. The public shall be permitted to
examine them at the office.
ART. 14. The duplicates of descriptions and drawings filed with
the applications shall be attached to the certificates of ownership of
the trade-mark issued by the registration office. Said certificates shall
be signed and sealed by the head of the office, in the name of the
nation, by authority of the Government.
ART. 15. Reconsideration of orders refusing the registration of a
trade-mark may be applied for within the period of thirty days sub-
sequent to the date of the order. Applications to that effect shall be
made to the Secretary of the Treasury and Commerce, who, before
rendering his decision, shall hear the opinion of the Government
Attorney before the Supreme Court.
ART. 16. The fees to be paid by the interested parties or their rep-
resentatives shall be as follows: For the registration of a foreign trade-
mark or name, 100 silver sols; for the registration of a transfer and
60 TRADE-MARK LAW.
the certificate thereof, 50 sols; for the first certificate of registration,
40 sols; for each extra copy of the same, 20 sols.
The value of the stamped paper on which these certificates should
be written shall be also paid by the applicant.
If the applicant is a domestic factory or establishment, the fees
above stated shall be reduced to one-fourth.
ART. 17. The name of a merchant, or of a commercial or industrial
firm, or of a house or establishment trading in any article whatever,
shall constitute, for the purposes of this law, industrial property.
ART. 18. Manufacturers or merchants when engaging in an industry
already being carried on by some one else under a certain name, shall
amend that name so as to make it different.
ART. 19. Protests by interested parties against injuries sustained by
them in these matters shall be entered within the period of one year.
ART. 20. Corporations shall have, as far as the ownership of their
names is concerned, the same rights as individual persons, and shall
be subject to identical obligations.
ART. 21. The exclusive right to use a name considered as industrial
property shall terminate with the closing of the house or factory, or
with the cessation of the industry to which the right refers.
ART. 22. In order to enjoy the benefits of the law as far as the own-
ership of a name is concerned, it is not necessary for the name to have
been registered. But the registration of the name is indispensable
when it forms part of a trade-mark.
ART. 23. Infringements of trade-marks shall be punished with fines
ranging from 25 to 500 sols, or with imprisonment from forty days to
six months. The following shall be guilty of infringement:
First. Those who counterfeit or in any way adulterate trade-marks.
Second. Those who affix, upon articles of their own fabrication,
trade-marks belonging to others.
Third. Those who knowingly sell, offer for sale, accept the sale, or
consent to the sale or circulation of articles stamped with counterfeited
marks, or with marks fraudulently used.
Fourth. Those who knowingly sell, offer for sale, or accept the sale
of counterfeited trade-marks, and even authentic ones, when done with-
out the consent of their lawful owners.
Fifth. Those who, with fraudulent intention, mark or cause others
to mark their own articles with false titles, or designations, respecting
their nature, quality, quantity, number, weight, measure, or the name
of the country of origin.
Sixth. Those who knowingly sell, offer for sale, or accept the sale
of articles bearing the false statements to which reference is made in
the foregoing paragraph.
ART. 24. In cases of second offense the penalty shall be doubled.
ART. 25. The infringement or usurpation shall be deemed consum-
mated, even if the counterfeited mark is affixed only to one article.
ART. 26. Those who have sold, or keep for sale, articles bearing
counterfeited marks, thereby infringing or usurping legitimate rights,
shall be bound to inform the lawful owner of the mark of the name
and address of the person or persons from whom they bought the
articles, or who offered to them the sale of the same, and the dates on
which the negotiations for this purpose began. Those refusing to
furnish this information may be judicially compelled to give it, under
penalty of being taken and dealt with as accomplices.
ART. 27. All articles bearing counterfeited or fraudulent marks
found in the possession of the infringer or his agents shall be confis-
cated and sold. The proceeds of the sale shall be applied to the pay-
ment of the costs and of the indemnity established by law. The
balance, if any, shall go to the schools of the province where the
confiscation was made.
ART. 28. All counterfeited marks found in the possession of the
infringer and all instruments and tools used for the counterfeiting
shall be destroyed.
ART. 29. The right to criminally prosecute the infringers belongs
exclusively to the injured party, but after the proceedings have been
started the Attorney for the Government shall join in them. The
complainant shall have the right, however, at any time before the
rendering of the decision, of withdrawing his complaint and thus end-
ing the case.
ART. 30. Persons injured by the infringement shall have the right
to sue the infringers and their accomplices for damages. The decisions
shall be published at the expense of the party against which they were
rendered. The action expires by limitation three years after the
infringement, and one year after the owner of the trade-mark became
aware of it.
ART. 31. Cases of usurpation of name shall be governed by the same
rules as the cases of infringements of trade-marks.
ART. 32. The registration of trade-marks made by Municipal Coun-
cils shall be revalidated upon request by the owners of the marks, the
protection of which shall then be extended to the whole territory of
the Republic. The fees to be paid in this case shall be one-half of
the regular registration fees.
ART. 33. The Provincial Council shall forward to the Department
of the Treasury and Commerce all the trade-mark registration books
which may be in their possession. The said Councils are henceforth
forbidden to take action in the matter of trade-marks.
ART. 34. Business people, who at the time of the promulgation of
this law find themselves in possession of trade-marks to be used within
the limits of the Republic, shall not secure the exclusive right of
ownership of the same unless they comply with the provisions of the
present law. One year's time, to be counted from the date of the
promulgation of this law, is hereby granted them for this purpose.
ART. 35. In case that various persons engaged in industrial business
have made use before the promulgation of this law of one and the
same trade-mark, the ownership of the same shall belong to that one
who proves to have used it prior to all others. If such priority of
use can not be proven, the ov nership shall belong to the one who
should pay a larger patent fee. If the patent fees are equal, prefer-
ence shall be given to the one who has in his employment in the
business to which the mark refers a greater number of employees, *
citizens of the Republic.
ART. 36. If the registration of a trade-mark is not made within the
time fixed by article 34, the use thereof before the approval of the
present law shall not be sufficient ground for claiming exclusive
ART. 37. During the first year of the operation of this law no cer-
tificate of registration shall be issued without first publishing for
thirty days in a newspaper of the capital of the Republic and in
another of the place of residence of the applicant, and at his expense,
the petition filed by the latter.
(November 13, 1885.)
ARTICLE 1. The Executive Power is hereby authorized to issue
patents of exclusive privilege in cases of invention or improvements
ART. 2. It is also authorized to grant owners of foreign patents the
privilege of using them in the country: Provided, That the patent has
not been used for more than one year, and that the applicant is the
inventor or his agent or assignee.
ART. 3. New discoveries or inventions in all industries confer upon
their authors the exclusive right of exploitation during the time and
under the conditions set forth in this law.
ART. 4. The following shall be considered new discoveries or inven-
tions: New industrial products, new means, and new application of
means already known, for obtaining an industrial result or product.
ART. 5. Patents of privilege shall not be granted to financial
schemes; discoveries or inventions that are sufficiently known in the
country, or abroad,'through printed books, pamphlets, or periodicals;
devices that are purely theoretical, the usefulness of which has not been
practically demonstrated; pharmaceutical compositions; and anything
contrary to good morals or to the laws of the Republic.
ART. 6. The nation shall not guarantee either the merit,'or the pri-
ority, of the discoveries or inventions.
ART. 7. Patents shall be granted for three, six, and nine years,
according to the will of the applicant.
ART. 8. For the granting of each patent a fee of twenty-five dollars
per year shall be paid as long as the privilege lasts.
ART. 9. The payment of the annual fee shall be made in the Office
of Public Credit, within the first ten days of each year, under penalty
of forfeiture or annulment of the patent, and the patent shall not be
delivered to the applicant, until he proves to have paid the first annual
ART. 10. After the expiration of the ten days mentioned in the above
article without the payment having been made, the Executive Power
shall admit, and in its case prefer, the applications for privileges of the
same nature that may be made by others.
ART. 11. When the patent granted pertains to industries which may
affect public health or comfort, the Executive Power shall, upon the
report of the Council of Public Health, designate, at its discretion, a
convenient place where the industries to which the privilege. refers
shall be located.
ART. 12. The new industry having been established within the period
fixed by the Executive Power, the patentee shall, by means of an
application to be filed at the Patent Office, give notice of the fact and
indicate the place where the establishment is situated. This application
shall be referred to the General Director of Public Works and to the
Board of Health, so as to ascertain whether all the requirements of
law have been fulfilled.
ART. 13. If through superior force, or accident, duly proven, the
establishment of the industry within the time fixed by the Executive
Power under article 11 becomes impossible, the patentee shall have
the right to apply to the legislative body for an extension of time.
This application, however, shall be made at least three months before
the time expires.
Bureau of patents.
ART. 14. The patents referred to in the above articles shall be issued
on proper stamped paper, by the Division of Trade-marks, which, after
the promulgation of this law, shall be called "Bureau of Patents of
Inventions and Trade-marks." The patents shall be issued under the
seal and signature of the Secretary for the Department of Govern-
ment, the Chief of the Bureau before mentioned attesting his
ART. 15. The personnel of the Bureau shall consist of a Chief and
a Secretary, with the salaries assigned to them by law.
ART. 16.' No employee of this Bureau shall have, directly or indi-
rectly, any interest in the patents with which he has to deal; other-
wise, he shall incur, upon conviction, the penalty of immediate
ART. 17. The Chief of the Bureau is responsible before the Govern-
ment for all the papers and objects intrusted to his care and shall
preserve them with the greatest care and attention.
ART. 18. This Bureau shall depend directly upon the Department of
Formalities for the granting of patents.
ART. 19. Every person desiring to obtain a patent of invention shall
make an application in writing, on stamped paper of the class costing
$1 a sheet, addressed to the Secretary of Government. This applica-
tion shall be handed to the Chief of the Bureau of Patents of Inventions
and Trade-marks, who shall file it at once, and cause it to take its
A statement showing the day and hour of the filing of the application
shall be written at the foot thereof by the Chief of the Bureau.
ART. 20. The application shall be accompanied by a clear and suc-
cinct description, in duplicate, of the invention, or improvement, and
also by specimens, drawings, or models, according to the nature of the
case. The applicant in all cases shall declare upon oath that the owner-
ship of the invention belongs to him. He shall also request that a
patent insuring his rights be issued in his favor.
The exhibits filed with the application must be made out of durable
materials and with proper prolixity.
ART. 21. The application shall be limited to asking the privilege and
stating the length of time for which it is desired. It shall contain
neither restrictions, conditions, nor reservations. It shall set forth
the name by which the invention is to be known, and shall be written
in Spanish. If corrections or additions have been made in the text
due notice of the fact shall be given at the end of the document. The
drawings accompanying it shall be made with ink, and according to
the metric system established in the Republic.
ART. 22. The patent shall be issued in the name of the nation and
shall consist of the decree that grants it, accompanied by the dupli-
cate of the description and of the drawings.
ART. 23. The concession of a patent shall not prevent the objections
mentioned in article 35 from being made.
ART. 24. The Chief of the Bureau of Patents shall transmit every
three months to the Government for publication a succinct and
detailed report of the patents issued.
ART. 25. He shall also submit annually to the Director-General of
Statistics a list of the patents granted, showing the time of their
respective duration, and the sum paid by the patentees.
ART. 26. The Bureau of Patents shall publish every two years in a
volume all the records of the cases in which patents have been granted,
said records to be accompanied by the respective descriptions, models,
(' r',',',!, of improvements.
ART. 27. Improvers of a patented invention or discovery shall have
the right to apply for an "additional certificate," which, however, shall
never be granted for a longer time than that which remains of the
The "additional certificate" shall be issued on proper stamped paper
and shall be signed and sealed by the Secretary of Government and
attested by the Chief of the Bureau of Patents.
ART. 28. To obtain an "additional certificate," it shall be necessary
for the applicant to fulfill the same formalities as are required for a
patent, with the exception that the fee shall be one-third of the original,
if the applicant is the patentee, and two-thirds if someone else.
ART. 29. Grantees of "additional certificates" being others than the
patentee shall not enjoy in full the rights of inventor, except on con-
dition of paying a royalty to the original inventor, the value of which
shall be determined by two experts named by the parties interested,
and an umpire in cases of disagreement, taking into account for this
purpose the importance of the improvement and the part it still keeps
of the original invention.
ART. 30. The patentee shall have the right to choose either the roy-
alty referred to in the foregoing article or the exploitation of the
improvement in conjunction with the improver.
If he chooses the latter, an additional patent, with the same rights
and requisites as granted to the improver, shall be issued in his favor.
ART. 31. In no case shall the improver acquire the right of exclu-
sively exploiting the original invention. Neither can the first inventor
exploit the improvement, except in the case provided by the foregoing
ART. 32. If two or more persons apply at the same time for a patent
for the same invention, or for an "additional certificate" for the same
improvement, no action shall be taken upon their applications until
they come to an agreement.
Transfer of patents.
ART. 33. The grantee of a patent or "additional certificate" shall
have the power to transfer his rights, on such conditions as he may
deem advisable: Provided, That the transfer is witnessed by a public
document, executed upon notice to the Bureau of Patents, without
which requisite the transfer shall have no value.
ART. 34. All the rights granted to a patentee shall be understood
to be attached to the patent, and shall be transferred with it, except
upon express stipulation to the contrary.
Nullification and extinction of patents.
ART. 35. Patents or certificates obtained in violation of article 5
shall be void. "Those obtained through false testimony or pretenses
shall also be void. When the description proves to be incorrect, or
incomplete, and when a foreign invention is made to appear as domes-
tic, the author of the false statement shall be punished with a fine of
five hundred dollars or six months' imprisonment.
ART. 36. Valid patents shall become extinct in the following cases:
When the industry to which they refer has not been established in the
country within the time, or under the conditions, set forth in the con-
cession; when the time for which the patent was granted has expired;
when the exploitation of the industry has been discontinued for one
year, except in case of accident or superior force, which the patentee
shall have to fully prove within one month. At the expiration of this
time, if said proof has not been furnished, the Bureau of Patents shall
publish through the press that the privilege has become extinct.
ART. 37. Upon the failure by the patentee to comply with the pro-
vision of article 12, the Bureau of Patents shall summon him by means
of the newspapers, and give him one month to comply with said pro-
vision. If at the expiration of this time he has not entered his appear-
ance, the patent shall be invalidated, and notice of the extinction
thereof shall be published in the press as in the case of the foregoing
ART. 38. The action for the nullification or extinction of a patent
can only be brought before the Civil courts by persons having an
interest in it.
ART. 39. Judicial declaration of the nullification or extinction of a
patent is not indispensable to cause the invention or discovery to
become public property. The mere fact of the extinction or nullifica-
tion shall be sufficient in itself to enable all persons to exploit it.
ART. 40. If the owner of an extinct or null patent should obstruct
the free exploitation of the same by means of lawsuits, or in any
other way, the civil courts shall be open to all to secure the proper
remedy upon proof of the extinction or nullification of the patent.
ART. 41. The proceedings in these cases shall be brief. All kinds
of legal evidence shall be admitted, but none shall be received which
tends to contradict the documents issued by the Bureau of Patents.
The time to file evidence shall in no case exceed twenty days, and the
decision shall be rendered within the period of ten days thereafter.
The decision shall order the party losing the case to pay the costs.
An appeal may be taken to the Superior Court of Appeals, which
after hearing the Report of the Bureau of Patents shall finally decide
ART. 42. As soon as the extinction or nullification of a patent is
formally declared, the court shall give information of the fact to the
Chief of the Bureau of Patents, who shall cause it to be published at
Prosecution and punishment of inf;.j ..,.. nI,.
ART. 43. The usurpation of the rights of a patentee shall be
considered a criminal offense, punishable with a fine of from $100 to
$500, or with imprisonment from one to six months, the loss of the
articles and an indemnification for damages.
ART. 44. Those who, knowingly, cooperate in any way whatever
to the infringement, shall be punished with the same penalties pro-
vided in the foregoing article.
ART. 45. These penalties shall be doubled in case of a second offense
having been committed within five years of a former conviction.
ART. 46. The fact that the infringer was a workman or employee
of the patentee, or obtained by deceit knowledge of the invention, shall
be considered an aggravating circumstance.
ART. 47. The action against the infringers is private, and shall be
brought before the Criminal Court. The patent shall be filed, together
with the complaint, otherwise the court shall take no action.
ART. 48. The defendant can only allege in his favor the nullifica-
tion or extinction of the patent, his having an interest in it, or his
exclusive ownership thereof.
ART. 49. The plaintiff has the right to compel the defendant to give
bond, but shall not interrupt him in the exploitation of the invention
if he wishes to continue it.
If security is not given, the plaintiff shall have the right to request
the suspension of the exploitation of the industry, and even the attach-
ment of the effects that constitute it, giving in this case, if required,
the proper security.
ART. 50. All those who, without having obtained a patent, or not
lawfully enjoying the privileges thereof, should assume the rights of
a patentee, shall be considered infringers, and shall be subject to the
penalties established by law.
ART. 51. Copies of the records, models, etc., in patent cases, shall
be given by the Bureau of Patents to the patentees alone, or to
their agents or assignees, during the time of the patent. After the
expiration of this time the application may be made by anyone.
ART. 52. The Secretary of Government shall order the copies referred
to in the foregoing article to be made at the expense of the applicant,
on stamped paper of the second-class. The applicant shall pay at the
rate of $2 per written page. The costs of the drawings, maps, mod-
els, etc., shall be paid extra, according to appraisement made by the
Director of Public Works at the request of the Department.
ART. 53. The amount realized from patent fees and fines under the
present law shall be applied to meet the general expenses of the nation.
ART. 54. The Chief of the Bureau of Patents shall keep such books
as may be necessary for the transaction of the patent and trade-mark
business, and the folios of the said books shall be signed by the Chief
Clerk of the Department.
The entries made in these books shall contain:
1. A description of each patent granted, its class, date, duration,
and all other particulars which may deemed necessary for
2. A memorandum of the applications filed, stating the name of
the applicants, the nature of the patents applied for, and the dates of
the filing thereof. This memorandum shall be signed in the book by
ART. 55. The law of June 20, 1853, and all others contrary to the
present one are hereby repealed.
RULES FOR THE APPLICATION OF THE PATENT LAW.
[November 16, 1885.]
ARTICLE 1. The Bureau of Patents and Trade-marks is hereby
authorized to take cognizance of applications for patents and trade-
marks, and to submit them in due time, for decision, to the Depart-
ment of Government.
AnT. 2. All rules and decrees of interlocutor character shall be
signed by the Chief of the Bureau and countersigned by the Secretary.
ART. 3. When the owner of a foreign patent desires it to be recog-
nized in the Republic, it shall be necessary for him to prove that not
more than one year has elapsed since the patent was granted, and that
he is either the inventor or the inventor's attorney or assignee.
All documentary evidence tending to prove these facts shall be filed
with the application. Otherwise, the latter shall not be taken into
ART. 4. Before issuing a patent an order shall be made requiring
the applicant to pay in advance the annual quota to which article 9 of
the law refers. The receipt of that amount, executed by the head
of the Office of Public Credit, shall be filed and preserved with the
papers in the case. This having been done the whole record shall be
submitted to the Secretary of Government.
ART. 5. If the applicant should fail to pay within ten days after
ordered to do so, the quota referred to in the foregoing article, the
Bureau of Patents shall make a memorandum of the fact for the pur-
poses of article 10 of the law.
ART. 6. All patentees shall, in compliance with articles 8 and 9 of
the law, file every year in the Bureau of Patents the receipt of the
Chief of the Office of Public Credit showing that they have paid in
due time their annual quota. This receipt shall be filed with the
papers in the case.
If this provision is not complied with within the legal period the
Chief of the Bureau of Patents shall report the fact to the Minister
ART. 7. The agreement referred to in article 32 of the law shall be
proven by a document in writing executed before a notary public.
ART. 8. In addition to the books required by article 54, the Bureau
of Patents shall keep the following, all the folios of which shall be
signed by the Chief Clerk of the Department of Government:
1. A book of fees, where the entry shall be made of all the sums paid
to the Government for the issuing of patent certificates, copies, etc.
2. A book of transfers for the purposes of article 33.
3. A register of all the orders, whether executive or judicial, direct-
ing the forfeiture or extinction of patents.
ART. 9. The granting of certificates (art. 28) shall be regulated by
the provisions of articles 4 and 5 of the present decree.
ART. 10. The Bureau of Patents shall not take action on any appli-
cation for patents without making at the foot thereof a statement in
writing that no other patent of a similar character and still in force
has been granted, this statement to be made upon examination of the
ART. 11. When the patent applied for has been already granted and
is in force, the Bureau of Patents shall immediately transmit the
application with its report to the Secretary of Government.
[March 1, 1877.]
ARTICLE 1. A Bureau of Trade-Marks is hereby created in the
Department of Government.
ART. 2. Trade-marks are denominations of articles, or names of per-
sons, in some particular form; emblems, monograms, engravings, or
prints; seals, vignettes, and stamps in relief; letters and numerals with
a special design; casks or wrappings of articles; or any other sign by
which the products of a factory or the articles of a trade are to be
ART. 3. The mark can be placed upon the casks or wrappings or
upon the articles themselves.
ART. 4. The following shall not be considered trade-marks:
1. Letters, words, names, or distinctive designations used or to be
used by the Government alone.
2. The shape or form given to the article by the manufacturer.
3. The color of the products.
4. Terms or expressions which have become of general use.
5. Designations usually employed to indicate the nature of the
products, or the class to which they belong.
6. Drawings or expressions contrary to morals.
ART. 5. The exclusive ownership of a trade-mark, as well as the
right to oppose the use of the same, or of any other which directly or
indirectly may produce confusion, shall be vested in the manufacturer
or merchant who has complied with the requirements of the present
ART. 6. The exclusive ownership of a trade-mark is only acquired
with relation to industries of the same kind.
ART. 7. The use of the mark is optional. It shall, nevertheless, be
compulsory if the necessities of the public good demand it.
ART. 8. The ownership of a mark passes to the heirs, and can be
conveyed by contract or testamentary disposition.
ART. 9. The transfer or sale of the business includes that of the
trade-mark, unless something to the contrary has been stipulated.
The successor in the business shall have the right to use the trade-
mark, even if it be a name, exactly in the same way as the former
owner did, with no other restrictions than those expressly set forth in
the agreement of sale or transfer.
ART. 10. The transfer of a trade-mark shall be recorded at the office
of the Department of Government, where the mark itself was regis-
tered. Otherwise the transferee shall have no right to use it.
ART. 11. Trade-marks shall be considered in use for the purposes
of the ownership granted by the present law when proven by the
proper certificate of the Department of Government, and not other-
ART. 12. The protection of the rights of the owner of a trade-mark
shall last only ten years. This term may be extended indefinitely
for periods of the same length, upon fulfillment of all necessary for-
malities and the payment of the fees hereinafter to be established.
Formalities for acquiring the ownership of the trade-marks.
ART. 13. All those wishing to secure the ownership of a trade-mark
shall file an application to that effect at the Department of Government.
ART. 14. The application shall be accompanied-
1. By two copies of the mark, the exclusive use of which is desired.
2. By a description, in duplicate, of the mark, if it consists of fig-
ures or emblems. This description shall set forth the class of articles
to which the mark is to be affixed and also whether said articles are
the special products of a factory or articles belonging to a trade.
3. By a receipt showing that the applicant has paid in the General
Treasury the amount of the fee established by article 20.
4. By a power of attorney, if the application is made by proxy.
ART. 15. Upon the filing of the application a brief statement of the
contents thereof shall be entered in a book kept for this purpose,
giving the day and hour on which the application was filed. The
pages of this book shall be numbered and signed or authenticated by
the Secretary of Government.
The statement herein referred to shall be signed by the officer in
charge of this business and also by the applicant. The latter shall be
given, if he asks for it, a certified copy of the entry, without incurring
thereby more expense than the cost of the stamped paper on which the
copy is to be written.
ART. 16. Priority of ownership of a trade-mark shall be determined
according to the day and the hour of the filing of the petitions in the
Department of Government.
ART. 17. The certificate of ownership of the trade-mark to be issued
by the Division of Patents of the Department of Government shall con-
sist of a certified copy of the Executive decree which granted it, accom-
panied by a duplicate of the description and drawings. It shall be
issued in the name of the nation under the authority of the Govern-
ment. It shall be signed by the Secretary of Government, and the
seal of the Department of this name shall be affixed to it.
ART. 18. A motion to reconsider shall be allowed whenever the
decision of the Department refuses to recognize the ownership of a
trade-mark. The motion is to be filed within ten days subsequent to
the decision, and the Secretary of Government, after hearing the opin-
ion of the Attorney-General, shall affirm or amend his decision.
ART. 19. The Division of Patents shall keep a book wherein all the
concessions of trade-marks shall be entered in chronological order.
The clerk in charge of this book shall submit every three months to
the Secretary of Government a list of the certificates which have been
granted during the period and of those which have been refused. The
dates in each case shall be carefully given. This list shall be published.
ART. 20. The following fees shall be paid:
1. For the registration and certificate of a trade-mark, of whatever
origin, $50 in gold.
2. For the registration and certificate of a transfer, .'E in gold.
3. For each authenticated copy which may thereafter be desired of
the said certificate, $4 in gold, in addition to the cost of the stamped
paper on which the document is to be written.
ART. 21. The trade-marks referred to in the certificates, and the
applications and descriptions filed for the purpose of obtaining them,
shall be preserved in the archives of the Division of Patents.
ART. 22. All persons wishing to examine the trade-marks and the
descriptions thereof preserved at the division aforesaid, shall be per-
mitted to do so.
Names as trade-marks.
ART. 23. The name of a merchant, or of a firm, and the sign or des-
ignation of a business house, store, or establishment dealing in some
particular articles, constitute industrial property for the purposes of
ART. 24. If a merchant wishes to engage in an industry in which
another person is already engaged under the same name, or the same
conventional designation, he shall amend the name or designation
already in use, so as to make it visibly different from the new one.
ART. 25. If the party injured by the use of a name of manufacture
or trade does not make any complaint within one year, to be counted
from the date on which the said use began, all complaints on his part
shall be barred by limitation.
ART. 26. Corporations and individual persons shall have in regard
to their names exactly the same rights, and they shall be also subject
to the same restrictions.
ART. 27. The exclusive right to use a name as industrial property
shall terminate with the existence of the business house or establish-
ment to which it belongs, or with the cessation of the industry to
which it refers.
ART. 28. The registration of a name is not necessary to secure for
it the rights granted by this law, unless in case that the name forms
part of a trade-mark.
ART. 29. The following shall be punished with fines ranging from
$100 to $500, or with imprisonment from fifteen days to one year:
1. Those who counterfeit or adulterate in any way whatever a
2. Those who affix upon their products, or the articles of their trade,
a mark belonging to others.
3. Those who knowingly sell, offer for sale, or consent to sell or
circulate, articles bearing a counterfeited trade-mark, or a mark fraud-
ulently affixed upon them.
4. Those who knowingly sell, offer for sale, or consent to sell,
76 TRADE-MARK LAW.
counterfeited trade-marks, and those who sell genuine trade-marks with-
out the consent of their owners.
5. Those who affix, or cause others to affix, upon some article any
false statement or declaration relating either to the nature of the arti-
cle, its quality, quantity, number, weight, measure, or to the place or
country of its origin.
6. Those who knowingly sell, offer for sale, or consent to sell arti-
cles of merchandise bearing the false statements or declarations
referred to in the foregoing paragraph.
In cases of second offense the penalties shall be doubled.
ART. 30. To constitute an offense within the meaning of the fore-
going article it is not necessary for the infringement to embrace all
the articles to be protected by the mark. It shall suffice for the wrong
to have been done in reference to only one object.
ART. 31. Simple attempts shall not carry with them penal or civil
responsibility; but they shall, nevertheless, authorize the destruction
of the counterfeiting tools or instruments which were to be used.
ART. 32. Those who sell or offer for sale merchandise bearing
usurped or counterfeited marks shall be bound to communicate in
writing to the lawful proprietors, the names and addresses of the per-
sons from whom they have received it and the date when the sale
began. Should they refuse to give this notice, they may be legally
compelled to do so under penalty of being considered accomplices.
ART. 33. Merchandise bearing counterfeited marks found in the pos-
session of the counterfeiter or his agents shall be confiscated and sold.
The proceeds of the sale, after paying the expenses and the indemni-
ties provided for by this law, shall be applied to the school fund of
the Department where the confiscation took place.
ART. 34. Counterfeited marks found in possession of the counter-
feiter or his agents shall be destroyed. The instruments which have
been used for the counterfeiting shall also be destroyed.
ART. 35. No criminal prosecution shall be started in these cases by
the Government. The right to prosecute belongs exclusively to the
private parties whose rights and interests are affected by the infringe-
ment. The Government may, however, become a party to the proceed-
ings after they are started.
The complainant may desist from the prosecution of his case at any
time before the decision.
ART. 36. Parties wronged through the violation of any of the provi-
sions of this decree shall have an action for damages against the wrong-
doers and their accomplices.
All sentences passed against infringers shall be published at their
ART. 37. Civil and criminal actions in these cases shall be barred by
limitation threeyears after the date of the infringement, or of its repeti-
tion, or one year after the date on which the owner of the mark first
knew of the infringement.
The period of limitation may be interrupted by the same facts and
circumstances as in all other cases under the law.
ART. 38. The provisions of the present chapter shall be applicable
to all those who, without any right to do so, make use of the name of
a merchant, a firm, or the sign or designation of a business house,
store, establishment, or factory, as set forth in articles 23 to 28 of the
ART. 39. Business people who at the time of the promulgation of
this law are possessed of a trade-mark to be used within the territory
of the Republic shall have to comply with the conditions established
in the present law if they wish to continue to enjoy the exclusive
right to use it. A period of six months, to be counted from the date
of publication of the present law, is granted them for this purpose.
ART. 40. If before the publication of this law, different persons
engaged in industrial pursuits have made use of the same mark, the
exclusive right to use it shall be recognized in favor of the one who
proves to have been the first user.
If the priority of use can not be established, the ownership shall be
given to the one who has command of best elements of production.
ART. 41. No claim to the ownership of a trade-mark on the ground
that it'was used before the publication of this law shall be allowed,
unless the mark has been registered within the period granted in
ART. 42. No certificate of ownership of trade-marks shall be issued
during the period of one year, to be counted from the date of the pub-
lication of this law, without first publishing in a newspaper of the
capital of the Republic, and in another of the place of residence of the
interested party, at the latter's expense, and for eight days, the appli-
cation made to obtain it.
ART. 43. Foreign marks shall not enjoy the guaranties of the present
law unless they are registered, as provided by it. The owners of
said marks, or their duly authorized agents, shall be the only ones
allowed to apply for said registration.
ART. 44. After the filing by an attorney, at the Patent Office, of
the power of attorney which accredits him in that capacity, said power
of attorney being in due form as required by the said office, and after
the recording of the same instrument, the Patent Office shall deal only
with the said attorney, and it shall not communicate with the princi-
pal as long as the power of attorney remains unrevoked. If the appli-
cant for a patent certificate has assigned or transferred his rights or
claims to some other person before the certificate is issued, the office
shall recognize the assignee or transferee, provided that he files proper
evidence that the assignment or transfer was made.
ART. 45. The applications and descriptions or specifications shall be
written in a clear, legible hand, and all clerical errors occurring therein
and needing correction shall be stated under the petitioner's signa-
ture at the end of the document.
The applications and descriptions or specifications shall be written
on stamped paper of the ordinary class.
All these documents shall be prepared in the usual official form,
leaving on the left side a margin equal to one-third of the page.
ART. 46. All drawings shall be made in this way: one copy on linen
or cotton paper pasted on canvas and the other on vegetable or
thin linen paper, which may be easily folded. Upon both copies
the proper seal shall be stamped. The drawing on thin vegetable
paper, together with one copy of the description or specification, and
the certificate issued, shall constitute the record to be delivered to
the applicant. The other drawing, together with the application,
description, etc., shall be preserved in the archives.
ART. 47. Certified copies of powers of attorney used in these cases
shall be written on stamped paper of the class provided by law,
ART. 48. Whoever may desire to obtain a patent certificate shall file
his application in the manner and form provided in articles 14, 15, and
16 of the present law.
ART. 49. If the application is in proper form, an extract of its con-
tents shall be entered on the books as provided by article 15 of this
ART. 50. The certificate shall be written on a detachable blank, with
stub, of a book kept for this purpose. This blank shall be stamped
according to the law regulating the price of stamped paper.
ART. 51. In the departments the deposit ordered by article 14 of
this law shall be made in the respective post-office.
ART. 52. The Patent Office shall provide the post-offices with the
books in which the applications for patent certificates shall be entered,
when made in due form according to the present law.
ART. 53. The books so forwarded to the post-offices and the book of
patent certificates shall have their leaves signed by the Secretary of
ART. 54. As soon as the postmasters shall receive an application for
a patent certificate they shall forward it to the Patent Office, together
with a certified copy of the entry thereof made by them on the above-
named book, and specifications, drawings, and proper proof that the
fees required by this law have been paid. Until this payment is
made no action shall be taken in the case.
ART. 55. The officer in charge of these matters in the Patent Office
shall, as soon as he receives from a postmaster the documents referred
to in the preceding article, acknowledge the receipt thereof, and enter
on his own books a full statement of the case. In due time he shall
send to the postmaster, for transmission to the interested party, either
the certificate, if it is granted, or notice of the decision by which it was
ART. 56. When all the requisites established by this law have
been duly complied with, the trade-mark certificate shall be delivered to
the interested party.
DECREE OF APRIL 29, 1885, RELATING TO TRADE-MARKS.
MONTEVIDEO, April 29, 1885.
The attention of the Government having been called to the frauds
perpetrated by parties falsely advertising certain trade-marks as entered
in the Official Register created by the law df March 1, 1887, and whereas
it is necessary to prevent the provision of No. 3, article 29, of the said
law from being violated to the injury of the merchant or manufac-
turer, and also of the Treasury which fails to receive the respective
Therefore, the President of the Republic does hereby decree:
ARTICLE 1. All those who should use trade-marks and add to them
a false statement that they have been entered in the National Register,
according to the law of March 1, 1877, shall be deemed guilty of fraud
and shall incur the penalties established in article 29 of the said law.
ART. 2. The Division of Trade-Marks shall communicate to the dis-
trict attorney, in order that he may start the proper prosecution, the
names of the business men or merchants who may be found guilty
under the provisions of the preceding article.
ART. 3. Information of the same character shall be transmitted to
the Political Chief, who shall publish it in the official newspaper for
three consecutive days.
ART. 4. The sums received from these fines shall be applied to the
support of infant asylums.
OPINION OF THE ATTORNEY-GENERAL UPON THE USE OF LABELS CON-
TAINING TIE WORDS "REGISTERED MARK."
"OFFICE OF TIE ATTORNEY-GENERAL.
"MOST EXCELLENT SIR: The decree of April 19 of the present year,
provides that the use of marks containing the false statement that
they have been entered in the National Register, or something else to
the same effect, is fraudulent and punishable; but nothing in this lan-
guage can be construed as being applicable to the case in which the
words 'Registered Mark,' without referring at all to the National
Register, form a part of the labels employed in foreign factories to
distinguish the product.
"In the two cases to which the Trade-Marks' Office refers it is proven
that the words 'Registered Mark' refer to the country where the
articles were manufactured, said articles being sold here without
changing the wrappings or casks in which they they were received'
"Under these circumstances it is impossible to consider that the
merchants who sell here in their establishments imported articles as
they are received may in any way be guilty of fraud under the provi-
sions of the above-cited decree, much less so when according to article
43 of the law of 1877, trade-marks registered abroad do not enjoy the
guarantees granted by our law unless they are inscribed in the National
Register, and no one can do this except the owners themselves or their
duly authorized agents.
"It is clear, therefore, that it would be unjust to prosecute mer-
chants who, taking advantage of their just rights, sell foreign trade-
marks with the same wrappings and labels used by the manufacturers
"Your Excellency may therefore decide, if he deems proper, that
in cases like this the Trade-Marks' Office has no right to prosecute.
"TE6FILO E. DfAZ.
"MONTEVIDEO, July 17, 1885."
The aforesaid opinion was approved by the Secretary of Govern-
ment by decree of July 28, 1885.
MEXICO, GUATEMALA, SALVADOR, HONDURAS, NICARAGUA, AND
For reasons purely geographical, Mexico, Guatemala, Salvador,
Honduras, Nicaragua, and Costa Rica have been grouped to form the
second section of the book.
(August 25, 1903.)
PORFInIO DIAZ, Constitutional President of the United States of
Mexico, to the inhabitants thereof, know ye:
That by virtue of the authorization granted to the Chief Executive
of the Union by decree of Congress of May 28 of the present year,
for amending the patent, trade-mark, and other laws on industrial
property now in force, I have seen fit to issue the following
ARTICLE 1. Anyone who has made any new invention of an indus-
trial character may acquire the exclusive right, by virtue of the pro-
visions of articles 28 and 85 of the Constitution, to exploit or work
said invention for his benefit, during a certain term, under the rules
and conditions prescribed by this law. In order to acquire this right
it is necessary to obtain a patent of invention.
ART. 2. The following are patentable:
I. A new industrial product.
II. The application of new means in order to obtain an industrial
product or result.
III. The new application of known means in order to obtain an
industrial product or result.
ART. 3. The following are not patentable:
I. A discovery or invention that simply consists in making known
or rendering evident something which had already existed in nature,
although it had been unknown to man before the invention.
II. Every scientific principle or discovery of a purely speculative
III. Every invention or discovery the exploitation of which may
be contrary to the laws prohibiting same, to public safety or health,
and to good customs or morals.
IV. Chemical products; but the new processes to obtain said prod-
ucts, or their new industrial application, shall be patentable.
ART. 4. An invention shall not be considered as new whenever it
has been put in practice, in the country or abroad, before the applica-
tion of a patent, for a commercial or industrial purpose, or when it
has been so extensively published as to enable the same to be put in
practice, inasmuch as in such cases it shall be regarded as public
ART. 5. In the following cases the provision contained in the pre-
ceding article shall not apply to the author of the invention in question
or to the owner of the corresponding patent obtained abroad:
I. When the publicity is derived from the exhibition of the inven-
tion in a local, State, or international exposition, officially or unoffi-
cially recognized, provided always that before its exhibition the doc-
ument prescribed by the regulations shall be deposited in the Patent
Office and that the proper application shall be filed in said office before
three months shall have elapsed after the official closing of said
II. When the owner of a foreign patent shall file his application for
a Mexican patent to be issued within a period of three months, count-
ing from the date on which, in accordance with the law of the country
in which said foreign patent was issued, the corresponding invention
shall be made public.
In case there are two or more foreign patents, the term of three
months shall be counted in accordance with the patent which was first
III. Whenever the application shall be filed within the terms speci-
fied by the international treaties relating to the matter or within the
twelve months to which article 12 refers.
In case two or more of the kinds of publicity to which reference is
made in this article should coincide and that on making the respective
computation the terms should not expire on the same day, the inter-
ested party shall be obliged to file his application during the term
which shall first expire.
The terms mentioned in Section III shall prevail over the others,
and therefore, in case they should coincide with the other terms, the
party in interest shall enjoy them to their fullest extent, even though
they be longer terms.
ART. 6. The owner of a patent shall have the exclusive right:
I. To exploit or work the same, for his benefit, during the time
fixed by this law, either by himself or through other persons with his
II. To prosecute before the courts those who infringe his right,
either because of the industrial manufacture of the patented article,
or by the industrial employment or use of the patented process or
method, or because they may keep in their possession or offer for sale,
self, or introduce for a commercial purpose in the national territory,
without his consent, one or more manufactured articles.
In the case of industrial manufacture the intent to defraud shall not
be necessary in order to incur in apenal offense, although said fraudulent
intent must exist in the other cases provided for in said Section II.
ART. 7. Notwithstanding the provisions of the foregoing article, the
patent shall produce no effect whatever:
I. Against similar articles that may, in transit, pass through the
national territory or tarry in its territorial waters.
II. Against a third party who was already exploiting the same
patented article in the country prior to the date on which the applica-
tion for the patent was filed or on which he had made the necessary
arrangements to exploit it.
III. Against a third party who, for the purpose of making experi-
ments or investigations, should construct an article or put in practice
a process equal, or substantially equal, to the patented one.
ART. 8. A patent may be granted to two or more persons jointly
should it be jointly applied for.
Concerning the application and granting of patents.
ART. 9. Any person desiring to obtain a patent shall file at the
Patent Office an application, which shall be accompanied with the
I. A specification.
II. A set of claims.
III. A drawing or drawings, should the case require it, at the dis-
cretion of the inventor.
IV. Two copies of the above documents.
ART. 10. The Patent Office shall simply make an official examination
of the documents filed in order to determine if they are complete and
whether they comply with the requisites prescribed by the proper
regulations concerning the form thereof.
Consequently said examination shall not, for any reason whatever,
be made with regard to the novelty or usefulness of the article sought
to be patented, nor with regard to the sufficiency, clearness, or accuracy
of said documents.
If the Patent Office finds that said documents do not comply with
the requirements, the examination of which it is the duty of said office
to make, or that the article or thing sought to be patented is com-
prised in the provisions of article 3, Section III, it shall regard said
documents as not having been filed and shall make known this fact to
the party in interest by means of a notice. If the interested party is
not satisfied, he may appeal to the courts in accordance with the
provisions of Chapter XII of this law.
Should the Patent Office be satisfied with the regularity of the
documents filed, it shall so advise the interested party by means of a
ART. 11. The legal date of a patent is that of the. legal filing in the
Patent Office of the application and documents which constitute the
same; and from that date the patent is supposed to be granted and
produces its legal effects, except in the case specified in the following
In the case referred to in Section I, article 5, the legal date of the
patent shall be that on which the application referred to in said section
ART. 12. The legal date of a patent solicited in Mexico, and which
has already been applied for by the same person in one or more foreign
countries, shall be that which corresponds to the foreign patent first
solicited, provided that it be applied for in Mexico within twelve
months, counting from the date of the first application of patent made
abroad, if it is a patent of invention, and within four months from the
same date, if the application is by means of an industrial design or
model, and provided also that the foreign country in which it was first
applied for grants to Mexican citizens this same right.
Consequently every patent applied for in Mexico, under these con-
ditions, shall have exactly the same force and produce the same effects
as if it had been applied for on the day and hour of said legal date.
ART. 13. Patents shall be granted without prejudice to third parties
and without guaranteeing their novelty or utility. The concession
thereof only gives a presumption of said qualities and of the rights of
the owner until the contrary is proven.
ART. 14. He who, without being the author of an invention, applies
for the respective patent should prove his authority as representative
or attorney of the inventor. In order to prove his authority as repre-
sentative or attorney, a letter of authorization, signed by the inventor
or author of the invention and two witnesses, shall be sufficient; but
the Patent Office shall have the right to demand the ratification of the
signatures whenever it should deem it convenient to do so.
Concerning terms and fiscal dues.
ART. 15. Patents of invention are granted for a term of twenty
years, counting from their legal date.
ART. 16. This term is divided into two, namely, the first term con-
sisting of one year and the second of nineteen years.
ART. 17. The tax for the first period one-year term is five pesos.
The tax for the second term, that is to say, the remaining nineteen
years, is thirty-five pesos.
The regulations shall fix the Government fees caused by the issuance
of copies, certified copies, renewal of title deeds, etc., etc. The pay-
ment of all these fees shall be made necessarily in revenue stamps
of the Federal Government in the manner prescribed by the same
ART. 18. The term fixed by article 15 may be extended five years
at the discretion of the Chief Executive, and after the payment of the
additional fees which said Chief Executive may deem proper to fix.
Anyone desirous of obtaining the concession to which this article
refers shall file an application with the Patent Office within the first six
months of the last year of the ordinary term of twenty years.
Said applicant shall also prove that the patent has been in uninter-
rupted industrial exploitation in the national territory at least during
the last two years immediately preceding the date of the respective
ART. 19. The exploitation of a patent is not obligatory, but if after
three years from the legal date thereof said patent should not be
industrially exploited within the national territory, or if after these
three years the exploitation of the same shall have been suspended for
more than three consecutive months, the Patent Office shall have the
right to grant to third parties a license to make said exploitation in
the manner provided for in the following articles:
ART. 20. Any person wishing to obtain a license like those mentioned
in the preceding article, shall apply at the Patent Office, stating the
reasons and grounds upon which he bases his petition. This petition
shall be made known to the owner of the patent, fixing the term of
three months, which can not be extended, in order that both interested
parties shall present to the office the proofs they may deem convenient.
Within this same term the office shall have the right to ask for infor-
mation, to appoint inspectors, and to do in general everything which,
without exceeding its authority, it may deem convenient to do in order
to satisfy itself of the truthfulness of the facts.
ART. 21. Whenever the owner of the patent in question shall not
prove that he has commenced to industrially exploit the subject-matter
of the same in accordance with the provisions of article 30, none of
his proofs shall be accepted; but without further formalities, and dis-
pensing with the probatory term described in the previous article, the
applicant shall be granted the license applied for.
ART. 22. Within the term of fifteen days after the expiration of
that fixed by article 20 in which to present proofs, or within eight
days from the filing of the application for the license in the case of the
foregoing article, the Patent Office shall decide whether the license
applied for shall be granted or not.
The interested party who is not satisfied with this decision shall
have the right to appeal to any of the judges of the district of the
City of Mexico, requesting the repeal of said decision, the former act-
ing as plaintiff and the latter as defendant, the plaintiff being bound
to bring his respective suit within the term of eight days, which can
not be extended, counting from the date in which the administrative
decision shall be made known to him, with the understanding that
should he fail to do so, he shall be considered as deprived of said right
of appeal and as having accepted said decision.
The suit brought before said judge in said cases shall be subject to
the provisions of the present law.
ART. 23. The effects of the administrative ruling granting the license
applied for shall not be suspended because of the appeal of the owner
of the patent to the judicial authority, and consequently he who has
obtained the license has the right to exploit the patent at once without
being compelled to give bond or comply with any other requisite.
ART. 24. Whoever has obtained a license similar to those in question
shall be bound to commence to exploit the patent within the term of
two months, counting from the date of the respective decision if the
latter was made by the Patent Office, or from the date ef the legal
notification thereof if it was made by the judicial authority, and not to
suspend said exploitation longer than two consecutive months.
ART. 25. One-half of the net profits obtained by the owner of the
license as a result of the respective exploitation shall belong to the pat-
entee, and he shall therefore have the right to superintend the exploita-
tion and to judicially demand, whenever proper to do so, the delivery
of the aforesaid one-half of the net profits. The provisions of this
article are without prejudice to the agreement or agreements which
the interested parties themselves are at liberty to make.
AnT. 26. In case the owner of the patent should be absent or fails
to enforce his rights, the owner of the license is bound to deposit
every two months one-half of the net profits mentioned in the pre-
vious article in the bank or banking house designated by the Patent
Office for that purpose, and shall also keep said Patent Office informed
of the proceeds of the exploitation, as well as of the net profits, by
means of bimonthly reports.
The noncompliance with the provisions of this article shall cause
the Patent Office to revoke, without further formalities, upon the
request of the owner of the patent, the license granted.
The respective notices shall be published in the "Official Patent
Gazette," and if the person whose duty it is to give these notices
should make any false statement therein to the Patent Office, he shall
be subject to imprisonment and to a fine, or to either of ;aid penalties,
at the discretion of the judge, and in all events said person shall be
held responsible for the losses and damages which he may cause to the
owner of the patent.
ART. 27. The licenses granted by the Patent Office, in accordance
with the preceding articles, do not deprive the owner of the patent of
the right of exploiting by himself his invention nor of granting any
licenses he may be willing to grant.
ART. 28. The owner of the patent has the right to demand the repeal
of a license granted by the Patent Office, when two years after the
granting of said license the owner of the patent or any other person
representing him should be already industrially exploiting the same.
In order that the respective application may be taken into considera-
tion, it is an essential requisite that the owner of the patent shall have
proved to the satisfaction of the Patent Office, in accordance with the
provisions of article 30, that the exploitation has been commenced, or
else the application shall be rejected without further formalities, and
there shall be no appeal from this decision.
It shall also be an essential requisite, in order that the owner of the
license be allowed to produce proofs of having begun the exploitation
within the term of two months fixed by the law, that he should have
forwarded, in due time, to the Patent Office the voucher to which
reference is made in said article 30.
On the other hand, the procedure, in order to carry out the repeal
referred to in the first paragraph of this article, shall be subject
to the provisions of articles 20, 21, 22, and 23, in so far as they are
ART. 29. The owner of a patent has the right to prosecute before
the courts as an usurper of his patent or as an illegal exploiter thereof,
the owner of a license granted by the Patent Office who had not com-
menced the exploitation within the term of two months fixed by article
24, or who had suspended the exploitation during a period exceeding
two consecutive months, and who, notwithstanding said fact, had been
exploiting said patent, except when said suspension of.the exploitation
had been caused by accident or by superior force.
ART. 30. Both the owner of the patent and the person to whom the
Patent Office shall have granted a license to exploit the same, are
bound, as soon as they have commenced the exploitation of the patent,
to prove said fact, through any legal means, to said Patent Office,
within a term which shall not exceed fifteen days.
ART. 31. All the products that are protected by a patent shall bear
a mark which shall indicate the fact that the article is patented, as
well as the number and the date of the patent.
Concerning the title deed and seal.
ART. 32.. Patents shall be issued in the name of the President of the
Republic, by the Patent Office, and shall be signed by the Secretary
of Fomento. In said patents shall be stated-
The number of the patent;
The name of the person or persons to whom the same is granted;
The term of the patent;
The article for which it has been granted;
Its legal date and the date of its issuance;
And to the patents shall be affixed the special seal of the Patent
The patent, together with a copy of the specification, the claims,
and drawings, should there be any, shall constitute the title deed
which shall prove the rights of the patentee.
ART. 33. The patent protects only what is contained in the claims,
the specifications and drawings, if there should be any, serving only
to explain what said claims contain.
ART. 34. There shall be at the Patent Office a special seal which
shall be used to legalize the patents.
Concerning the opicial publication.
ART. 35. The Patent Office shall publish in the "Gaceta Oficial de
Patentes y Marcas" (Official Gazette of Patents and Trade-marks) at
least every two months, a list of the patents granted, and shall publish
at least annually a special book which shall contain the claims and one
or more drawings of each patent.
concerning the examination.
ART. 36. The Patent Office shall, upon request of the interested
parties concerning the novelty of a patent applied for, make an exami-
nation without guaranty. Said Patent Office shall report in writing
the result of this examination.
This examination may also be made upon the request of any person
for the purpose of ascertaining whether the article which is sought to
be patented has already been patented or whether it has become public
property in Mexico.
In order to obtain this examination the applicant shall proceed in
the manner prescribed by the regulations of this law.
Concerning the %'. ... r: r of patent rights.
ART. 37. The rights acquired by virtue of a patent may be trans-
ferred, in whole or in part, by any of the legal means established by
law, as is done in the case of any other right, but no transfer or any
other act which implies a modification of said rights shall injure a
third party, unless it has been recorded in the Patent Office.
' The regulations shall fix the fee to be paid for this registration,
which shall not exceed twenty pesos.
ART. 38. A patent of invention may be expropriated by the Federal
Executive on the ground of public utilities by causing the respective
invention to become at once public property, after the proper indem-
nification, subjecting the same, in so far as may be proper, to the same
requisites which are established by the laws in force on the matter in
case of the expropriation of real estate.
In the case of the invention of a new weapon, instrument of war,
explosive, or, in general, of any improvements in machines or munitions
of war which may be applied to the national defense, and which, in the
opinion of the Chief Executive, should be kept as a secret of war, and
that therefore it should only be used by the National Government, the
said expropriation, upon being carried out with the same formalities
established in the preceding paragraph, shall comprise not only the
respective patent, but also the invention, even though it may not have
yet been patented, and in such case said invention shall not become
public property, but shall become the exclusive property of the Gov-
ernment, as well as the corresponding patent, as the case may be.
ART. 39. The Patent Office shall not make public any expropriated
patent, from the date in which it has been so expropriated, in the cases
referred to in the second paragraph of the preceding article.
Concerning forfeiture and annulment of patents.
ART. 40. Patents shall be considered void-
I. At the expiration of one year referred to in article 16, if before
the expiration thereof the fees of the second payment have not been
II. Upon the expiration of the second term mentioned in Art. 16.
III. Upon the expiration of the term of the extension of time, when
an extension has been granted.
ART. 41. The Patent Office shall publish in the "Official Gazette" the
name and number of each one of the patents which have become void.
ART. 42. Patents are void-
I. Whenever they are in contravention of the provisions of articles
3, 4, 5, and 102.
II. When the claims are not sufficiently clear and explicit, thereby
rendering it difficult or impossible to determine what is claimed as
III. When there is not sufficient clearness and precision in the speci-
fication and drawings so that, in the opinion of the expert, said
specification and drawings are not sufficient, taken as a whole, to
construct or produce what they purport to describe.
IV. Whenever the object attained by virtue of the patent differs
from that sought to be obtained.
V. Whenever another like patent has been previously granted, in
the country or abroad, though the same has been declared void.
ART. 43. A patent can only be annulled by the judicial authority,
and then only by reason of any of the causes enumerated in the pre-
ART. 44. The right to take action for the annulment of patents
appertains to anyone who considers himself aggrieved thereby, and to
the Federal Attorney-General in cases in which the Federation has an
ART. 45. The District Judges of the capital of the Republic have
jurisdiction in actions of nullity of patents, except as provided in
articles 46 and 62.
Whenever the jurisdiction is within the province of the District
Judges, the procedure established in Chapter XIII shall be followed.
ART. 46. Both nullity and forfeiture may be pleaded as a defense,
and then the same judge before whom the proper action had been
brought shall have jurisdiction over them.
ART. 47. The final decision, declaring the nullity of a patent, shall
be communicated by the court or judge that rendered it to the Patent
and Trade-Mark Office, and the latter shall order the same to be pub-
lished in the "Official Journal" (Diario Oficial) and in the "Patent
Gazette" (Gaceta de Patentes), and shall record it in the Patent
Register, duly entering all the inscriptions relating to said patent.
Concerning the penal and civil responsibility incurred by those who
infringe the rights acquired by virtue of a patent.
ART. 48. The industrial manufacture of articles protected by a pat-
ent, and the employment, for a commercial or industrial purpose, of
methods which are also protected by a patent, without the consent of the
owner of the respective patent, shall be punished with a fine of from
five hundred to two thousand pesos and with imprisonment of from
one to three years, or either of these penalties, at the discretion of the
ART. 49. The fraudulent use, with a commercial or industrial pur-
pose, of articles protected by a patent shall be punished by a fine of
from fifty to one thousand pesos and imprisonment of from six months
to two years, or with only one of said penalties, at the discretion of
ART. 50. It is the duty of the defendant to prove that the manufac-
ture is not industrial and that the use is not commercial or industrial.
ART. 51. A fine of from five to five hundred pesos and imprison-
ment, or either of these penalties, at the discretion of the judge, shall
be imposed on whoever shall fraudulently-
I. Sell, offer for sale, or put in circulation articles protected by a
patent and manufactured without the consent of the patentee.
II. Import, for an industrial or commercial purpose, articles pro-
tected entirely or in part by a patent, without the consent of the
III. Sell, or offer for sale, or put in circulation, any products
secured by means of methods which are protected by a patent, with-
out the consent of the patentee.
ART. 52. Any fraudulent act which is not comprised among those
enumerated in the foregoing articles that in any manner restricts,
interferes, or prevents the legitimate exercise of the rights granted to
the owner of a patent by this law, shall be punished with a fine of from
five to five hundred pesos and with imprisonment, or with either of
these penalties, at the discretion of the judge.
ART. 53. In case of the repetition of the infringement, the first time
the penalty shall be increased by one-half of those already prescribed,
and upon every repetition of the offense said penalty shall successively
be increased by one-half.
A repeater of the infringement is anyone who has committed the
new offense of which he is accused before five years shall have elapsed
since the final decision declaring him guilty of any of the offenses
named in this law, even though the prior offenses related to another
patent different from that to which the new offense refers.
ART. 54. Whenever an offense or fault is committed not mentioned
in this law, and the penalty of which is fixed in the Penal Code of the
Federal District, as well as everything relating to the general rules
concerning offenses and faults, the degrees of the premeditated offenses,
accumulation, application of the penalty, criminal and civil responsi-
hility, provided that there is not a special provision concerning such
matters in the present law, the rules of the said Penal Code shall be
followed, the provisions of which, in the cases of patents of invention,
are declared obligatory throughout the Republic.
ART. 55. The criminal action for the purpose of prosecuting the
persons guilty of the offenses to which this law refers can not be com-
menced or proceeded with, except by virtue of a complaint and motion
of the owner of the respective patent, and it shall also be an essential
requisite, in order to punish the guilty party, that the articles protected
by the patent in question, or the wrappers containing the same, bear
a mark that shall indicate that the article is patented and also the
number and date of the patent.
No penal responsibility shall be incurred by anyone who makes use
of inventions which, according to the opinion previously expressed by
the Patent Office, have become public property.
Nor shall said penal responsibility be incurred by anyone who, under
the protection of a patent, makes use of inventions or processes which,
according to the opinion previously expressed by the Patent Office,
were new when the patent was applied for.
ART. 56. The infringers, in addition to the penalty prescribed by
article 48 and subsequent articles, shall lose all the articles illegally
manufactured and the appliances and instruments specially destined
for the manufacture thereof, all of which shall be awarded to the
owner of the patent. In case some of the articles have already been
sold, the guilty party shall be sentenced to pay to the owner of the
patent an amount equivalent to the value of said products.
ART. 57. The owner of a patent shall also have the right to demand
from the infringers of his patent the payment of losses and damages,
and the respective action should be brought before the local or Federal
judge, as the case may be. The owner also may bring suit, as a sepa-
rate case, in a criminal action, in accordance with the provisions of the
articles relating to the present law concerning the judicial procedure
governing this matter.
ART. 58. Civil actions shall be brought and carried on in accordance
with the provisions of Chapter XIII of this law.
ART. 59. The plaintiff shall have the right to request the judge to
insure the articles illegally manufactured, as well as the appliances
and instruments destined especially for the manufacture thereof, and
to appoint, under his own responsibility, a receiver of said articles;
but in order to exercise this right the following shall be essential
I. That the respective patent be filed, together with the opinion of
the Patent Office that the invention was new at the time the patent
was applied for.
II. The verification, by means of the corresponding title duly
recorded in the Patent Office, that the plaintiff is the present owner of
III. The verification, by any legal means, that the illegitimate manu-
facture or exploitation which serves as a basis of the action really
The fact that the articles illegally manufactured are the same, or
essentially the same, as those which are protected by the patent shall
be proven precisely by means of the report of experts, which shall be
signed by three experts, who shall ratify, under oath, their report
before the judge.
IV. To prove by any legal means that the articles protected by the
patent in question bear the mark of being patented and indicate the
number and date of the respective patent, or, if the article should not
be adapted to bear said marks, to show that the mark of the patent
and its number and date have been placed on the boxes or covers con-
taining said articles on being sold to the public.
V. That a sufficient guaranty be given at the discretion of the judge.
During the continuance of the respective action the plaintiff shall
also have the right to demand the insurance or guaranty mentioned
in this article, provided that all the specified requisites be complied
ART. 60. In the same cases and with the same requisites established
in the preceding article, the plaintiff shall have the right, whenever it
should be proper to do so, to request that the employment of patented
methods or processes be forbidden, and then the judge shall notify the
defendant to abstain from using them until further ordered. In this
case the requisite mentioned in Section IV of the aforesaid preceding
article shall not be necessary.
If the person notified should not comply with the order he shall be
compelled to do so in accordance with the law, and if necessary he
shall be ordered to close the respective factory or shop during the time
that may be deemed necessary.
ART. 61. The measures referred to in the two preceding articles, and
the preliminary steps that may be taken to justify them, shall be issued
without the presence of the party against whom they are taken, and
under the exclusive responsibility of the person or party who requests
them, who shall be bound to make the payment of the losses and dam-
ages that on this account may be caused to the defendant, whether he
brings the proper penal or civil action within the fifteen days follow-
ing the date on which the guaranty or insurance is made, or of the
insurance of the order for the respective prohibition, or because the
defendant was absolved, or because of the action being suspended.
In such cases the guaranty referred to in article 59 shall be immedi-
ately released, or the prohibition of employing the patented method
or process to which article 60 refers shall be revoked.
AmR. '2. The judge having jurisdiction of the offenses referred to
in the preceding article shall also decide as to the nullity, forfeiture,
or ownership of the patent when the latter are set forth as a defense
against the proper penal action, and the respective sentence shall be
communicated to the Patent Office.
ART. 63. Any person who marks his product as patented without it
really being so, shall be punished with a fine of from fifty to one thou-
sand pesos and with imprisonment, or with either of said penalties.
The action for the purpose of prosecuting this offense may be
brought at the request of the interested party or of the Public Pros-
ecutor, and both this action and the penalties to which this article
refers shall be at all events officially prosecuted once they have been
AuT. 64. It devolves on the Federal courts to take cognizance of
the litigations or differences which may arise on account of the present
law in the following cases:
In case of the validity or nullity of the patent, or when it is main-
tained that the Chief Executive had no power to issue the patent, or
that he issued it without the legal requisites;
II. Whenever articles, processes, or methods which are not pat-
ented are advertised as having been patented;
III. When the patent is the property of the nation;
IV. In any other case in which the State is an interested party, or
when the Federal interests are affected; and
V. Whenever an attempt is made to repeal the acts or decisions of
the Patent Office.
In the cases mentioned in Sections I, II, and V, the district judges
of the City of Mexico shall have jurisdiction.
It shall devolve on the district judges to whose jurisdiction the
residence of the defendant belongs to take cognizance of the cases
referred to in Sections III and IV, if it is a civil action, and at the
place where the offense was committed, if it is a penal action.
ART. 65. The proper judges, in accordance with the law, shall take
cognizance of and decide the criminal and civil actions which may arise
on account of the application of this law, but only when private inter-
ests are affected.
ART. 66. The provisions of the preceding articles do not prevent
the compliance with articles 46 and 62 of this law, whenever said pro-
visions are applicable.
Procedure in order to obtain the repeal of the administrative decisions.
ART. 67. Whenever the interested parties are not satisfied with the
administrative decisions of the Department of Fomento or with those
of the Patent Oflice, they may appeal, within fifteen days after hav-
ing been notified of the decision, to any of the district judges of the
City of Mexico, stating the reasons they have for not being satisfied
ART. 68. If the interested party has not appealed after the expira-
tion of the term referred to in the preceding article, the administrative
decision shall prevail.
AnT. 69. The claim shall be made by filing a written document and
a simple copy thereof, which shall be verified by the court.
Said copy of the appeal shall be forwarded within twenty-four hours
to the Patent Office, in order that the latter may report thereon within
ART. 70. As soon as the aforesaid report is received, a copy of the
same and of the claim shall be forwarded to the public prosecutor, in
whose hands it shall remain during three days, in order that he may
make out his petition in his capacity as a defendant in behalf of Lie
Department of Fomento.
If the presentation of proofs should be necessary, a term shall be
fixed which shall not exceed ten days, at the end of which a summons
shall be made within three days, at the latest, for a hearing, at which
the judge shall take cognizance of the arguments of the interested
parties and shall decide within five days, with or without the attendance
of the interested parties.
The interested parties shall have the right to appeal from the above
decision in both instances, and the appeal shall be made within the
term of five days, which shall not be extended.
ART. 72. In case the interested party should appeal from this deci-
sion, the proceedings shall be forwarded at once to the proper circuit
court, which only at one hearing, to which said court shall summon
within five days at the latest, shall, within a further term of five days,
render a decision, forwarding a copy thereof to the Patent Office, in
order that it may have its due effect.
ART. 73. A copy of the final decision shall be sent to the court, the
determination of which is under consideration.
AnT. 74. If the decision should declare unfounded the objection of
the interested parties to the administrative ruling, a fine of from five
to twenty-five pesos shall be imposed upon the interested party.
IProcedure in ci,,il actions.
ART. 75. Civil actions arising out of the present law shall be con-
ducted and decided at once by means of the procedure stated below,
with the exception of the provisions of the preceding chapter and the
provisions that may be prescribed for criminal actions.
ART. 7(i. The term in which to answer the suit shall he live days.