SCCC v BV (Patents Case)

CourtObsolete Court (Germany)
Docket NumberCase No. 195
Date02 a 1923
Germany, Reichsgericht in Civil Matters.
Case No. 195
S. C. C. C.
and
B. V. (Patents Case).

Treaties — Preparatory Work — Deliberations in Legislative Bodies prior to Ratification — Consideration by Municipal Courts — Part X of the Treaty of Versailles — Treaty of Peace between the United States and Germany.

The Facts.—The defendant was the owner of a patent registered in 1913 in Germany. The plaintiff, a citizen of the United States, brought on 2 March, 1922, an action asking for a declaration that the patent was void on the ground of absence of novelty. The action was dismissed on the ground that the prescriptive period of five years laid down in the Patent Law for avoiding a patent had lapsed.

Section 1 of Article 307 of the Treaty of Versailles (Part X of the Treaty) provided as follows: “A minimum of one year after the coming into force of the present Treaty shall be accorded to the nationals of the High Contracting Parties, without extension fees or other penalty, in order to enable such persons to accomplish any act, fulfil any formality, pay any fees, and generally satisfy any obligation prescribed by the laws or regulations of the respective States relating to the obtaining, preserving, or opposing rights to, or in respect of, industrial property either acquired before August 1, 1914, or which, except for the war, might have been acquired since that date as a result of an application made before the war or during its continuance, …” Article I of the Peace Treaty of 25 August, 1921, between Germany and the United States provided as follows: “Germany undertakes to accord to the United States, and the United States shall have and enjoy, all the rights, privileges, indemnities, reparations or advantages specified in the aforesaid Joint Resolution of the Congress of the United States of July 2, 1921, including all the rights and advantages stipulated for the benefit of the United States in the Treaty of Versailles which the United States shall fully enjoy notwithstanding the fact that such Treaty has not been ratified by the United States.” Article II of the Treaty provided as follows: “(1) That the rights and advantages stipulated in that Treaty for the benefit of the United States, which it is intended the United States shall have and enjoy, are those defined in Section 1, of Part IV, and Parts V, VI, VIII, IX, X, XI, XII, XIV, XV. The United States in...

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