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consent in writing of such patentee or his assigns, write, paint, print, mould, cast, carve, engrave, stamp, or otherwise mark the word "patent,” the words “ letters patent,” or the words“ by the king's patent,” or any words of the like kind, meaning, or import, with a view of imitating or counterfeiting the stamp, mark, or other device of the patentee, or shall in any other manner imitate or counterfeit the stamp or mark or other device of the patentee, he shall for every such offence be liable to a penalty of fifty pounds, to be recovered by action of debt, bill, plaint, process, or information in any of his majesty's courts of record at Westminster or in Ireland, or in the court of session in Scotland, one half to his majesty, his heirs and successors, and the other to any person who shall sue for the same; provided always, that nothing herein contained shall be construed to extend to subject any person to any penalty in respect of stamping or in any way marking the word "patent” upon any thing made, for the sole making or vending of which a patent before obtained shall have expired.
FRENCH LAW OF PATENTS.
For an Abstract of the French law of patents, see supra,
PATENT LAWS OF THE NETHERLANDS.
. Law of January 25th 1817.' ARTICLE Ist.- Exclusive rights may be granted by us, for a limited time, by letters patent, under the title of patents of invention, on petitions which shall be made to us for the same, to those who, in the kingdom, shall have made an invention or essential improvement in any branch of arts or manufactures; and also to those who shall first introduce, or practise in the kingdom, an invention or improvement made in foreign countries.
2d.-The grants of patents of invention shall not interfere with any rights previously acquired by others; and the grant shall be void, if it is proved that the invention, or the improvement for which any one shall have obtained a patent, have been employed, put in operation, or exercised by another in the kingdom, before the grant of the patent.
3d.—Patents of invention shall be granted for the terms of five, ten, or fifteen years. The tax to be paid for obtaining a patent, shall be proportionate to the duration of the patent and to the importance of the invention or improvement; but shall never exceed the sum of 750 francs, nor be less than 150 francs.
4th.-A patent of invention granted for the term of five or ten years, may also be prolonged at the expiration of that term, if there are strong reasons to support the petition made to that effect; but its total duration can never exceed the term
of fifteen years.
1 This translation of the patent laws of the Netherla is copied from the Appendix to the Report of the Commissioners of the British House of Commons of June 8th, 1829. It was supplied to the Commissioners, by Mr. John Farey.
5th.-Patents of invention for the introduction or application of inventions or improvements made in foreign countries, and for which the inventors have patents in those countries, shall not be granted for a longer time, than that during which the exclusive right granted in such foreign country for those objects shall last; and they shall contain an express clause, that the objects named shall be manufactured in the kingdom.
6th.-Patents of invention shall give to their possessors the right, or their agents, the right.
(a) of making and selling exclusively throughout the kingdoin, during the time fixed for the duration of the patent, the objects named in it; or of causing them to be made, and sold, by others whom they shall authorize to do so.
(6) Of citing before the courts of law those persons who shall infringe upon the exclusive right which has been granted to them, and of proceeding against such persons at law, in order to obtain the confiscation, for their own advantage, of those objects named in the patent, which have been made by such persons, but not yet sold; and also, of the price obtained for those objects which shall have been already sold; as well as to institute an action for damages, as far as there are
grounds for the same. 7th.—Whoever shall present a petition, in order to obtain a patent of invention, shall be bound to join thereto, sealed up, an exact and detailed description, and signed by him, of the object or the secret, for which the patent is solicited, together with the necessary plans and drawings; that description shall be published after the expiration of the term of the patent of invention, whether it be the original term, or a prolonged term; or even sooner, in case the patent, for any of the causes assigned hereinafter, shall be declared void.
The government, may nevertheless, defer that publication, if it should be judged necessary, for important reasons.
8th.—A patent of invention shall be declared void, for the following causes:
(a) When the patentee shall have fraudulently omitted, in the description joined to his petition, to make mention of any part of his secret, or shall have stated it in a false manner.
(6) If it should appear that the object for which a patent has been granted, was already described, prior to the date of the patent, in any work printed and published.
(c) When the patentee shall not have made use of his patent, within the space of two years, reckoning from the date of his patent; unless there have been strong reasons for that delay, of which reasons the government shall judge.
(d) If the person who has obtained a patent of invention, should obtain one subsequently for the same invention in a foreign country.
(e) If it should appear that the invention for which a patent of invention shall have been granted, is in its nature, or in its application, dangerous to the security
of the kingdom, or its inhabitants. 9th.—A separate account shall be kept, of the taxes paid by those who obtain patents for inventions; and the produce shall be employed in premiums, or in rewards, for the encouragement of the arts, and of the national manufactures.
Regulation of January 25th 1817. 5th.—When the king shall judge fit not to grant the petition, or to refer it to the opinion, either of the Royal Institute of the Netherlands, or of the Royal Academy of sciences and Literature of Brussels, notice thereof shall be given to the petitioner.
6th.—The patent shall contain the description of the invention : it shall define the rights that it gives to the patentee, conformably to Article 6, of the law of the 25th January inst. and shall mention expressly, that the government, in granting the patent, guarantees, in no way, either the pri
ority or the merit of the invention, and reserves to itself the right of declaring it void for any of the causes stated in Article 8, of the law. The patent of importation, for an object already patented abroad, shall contain, besides, the express mention that the government does not guarantee the assertion of the petitioner, as to the duration of the patent granted abroad; it shall contain also, the clause prescribed by the Article 5, of the law, that the objects mentioned shall be manufactured in the kingdom.
8th.–Every proprietor of a patent who, by other new discoveries, shall have improved upon the discovery for which the patent was granted, may obtain a new patent for the exercise of those new means.
9th. To obtain such a patent, the same forms must be fulfilled, as for the other patents. Respecting the duties to be paid, they will be regulated by the length of time during which the exclusive privilege is to last, and by tbe importance of the means of improvement.
10th.—If any person announces a means of improvement upon an invention already appropriated by a patent, he may obtain a patent for the exclusive use of the said means of improvement; but he shall not be permitted, under any pretext whatsoever, to execute, or cause to be executed, the principal invention, so long as the patent granted for that invention shall not have expired; and reciprocally, the first inventor shall not be permitted to execute alone the new means of improvement. Changes of form, or of proportions, or ornaments of any kind whatsoever, shall not be held as improvements in manufactures.