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PATENT LAWS OF AUSTRIAI
Laws of December 8th 1820. $1.-All new discoveries, inventions and improvements in every branch of industry, made either in the country or in a foreign country, are entitled to obtain an exclusive privilege in the Austrian monarchy, whether the petitioner for the privilege is a native or a foreigner.
$ 2.—Whoever desires to obtain an exclusive privilege for any discovery, invention or improvement in a branch of industry, must present his petition to the Direction of the circle in which he resides. He must therein state the substance of his discovery, invention or improvement; the number of years for which he desires to obtain the privilege, (which term can, in no case, exceed the term of fifteen years.) He must deposit one half of the duty payable for the patent, according to the regulations stated hereinafter, and he must join, thereto, sealed up, an accurate description of his discovery, invention or improvement; in which description the following qualifications will be required :
(a) The description must be written in the German language, or in the language used for business in the province in which the petition is made.
(6) It must be drawn up so clearly that every person who understands the subject, may be able to manufacture the object, by means of the description, without
! These provisions of the Austrian Patent laws are taken from the Appendix to the Report of the Commissioners of the British House of Commons, June 12th, 1829. The law was furnished to the Commissioners by Mr. J. Farey. Only the sections of a general nature are copied, the omitted sections relate mostly to forms and judicial proceedings.
being obliged to supply any further inventions, additions or improvements.
(c) That which is new, and which consequently constitutes the object of the privilege, must be accurately distinguished and set forth in the description.
(d) The discovery, invention or improvement must be clearly and distinctly described, and without any ambiguities that can mislead, or that are contrary to the object stated at (6.)
(e) Nothing must be kept secret, either in the materials or the method of execution; therefore more expensive means, or means not producing an entirely similar effect, must not be described; nor must any manipulations, which are essential to the success of the operation be concealed. If it is practicable, drawings and models are to be added, for the better understanding of the description, but these are not strictly required, if the object can be made sufficiently clear by the description alone, according to the requisites
stated at (6.) $10.—The exclusive privilege secures and guarantees to the privileged person, the exclusive use of his invention, discovery or improvement, in that manner in which it is set forth in the description he has delivered, and during the term of years which his privilege is to last.
$11.-The privileged person has a right to erect all necessary workshops, and to take into them all kinds of assistants, and work people, who may be necessary for the full practice of the object of his privilege, to the greatest extension that he may choose; consequently, to form establishments and depôts all over the monarchy for the manufacture and sale of the object of his privilege, and to empower others to practise his invention, under the protection of his privilege ; to take such partners as he may choose, in order to increase the profits of his invention to any scale; to dispose of his privilege itself; to bequeath it, to sell it, to let it out, or assign it away at his pleasure ; and also to take out a privilege in a foreign country or his invention.
$ 12.-A privilege for an improvement, or change, in an invention already privileged, is confined, solely and only to the particular improvement or change itself, and does not give to the privileged improver, or changer, any right to the other parts of the invention already privilegert, or of a method or process already known; on the other hand the original inventor must not make use of the privileged improvement, or change, made by another person, unless he has agreed for the same with that
person. $ 13.—The duties upon privileges are to be paid in proportion to the time granted for their duration (which, however, must not exceed 15 years ;) and the petitioner for a privilege must determine for himself, for how many years, within the limits of the longest term, he desires to obtain the privilege.
$19.-The longest term for privileges, as stated in 2 and $ 13, is fixed at 15 years.
$ 20.—The term of a privilege begins from the date of the patent deeds; nevertheless the efficacy of the privilege, in respect to the punishment of illegal imitations of the privileged object, can only begin from the day of the announcement of the privilege in the public papers.
$21.-The force of the privilege extends, without exception, throughout the whole monarchy. $23.-Privileges become void :
(a) If the accurate description of the discovery, invention or improvement, for which the privilege was petitioned, is wanting in the requisites above stated in
2. (a—e) or in only one of those requisites.
(6) If any one proves legally, that the privileged discovery, invention or improvement, could not be considered new in the monarchy, previous to the date of the official certificate drawn up according to the regulations hereinafter stated in $ 27. (d).
(c) If the possessor of a privilege in force for a discovery, invention or improvement, proves that the privilege subsequently granted, is identically the same as his own discovery, invention or improvement, which was regularly described and privileged at an earlier date.
(d) If the privileged person has not begun to practise his discovery, invention or improvement within the term of one year, from the delivery of his privilege, whether he is a native or a foreigner.
(e) If he discontinues that practice for the space of a year, during the term of the privilege, without showing sufficient grounds for the same.
(f) If the second half of the tax is not paid, in the above stated annual rates.
(8) Lastly, by the expiration of the original term for which the privilege was granted, or of the prolongation subsequently obtained. It is to be understood, as a matter of course, that these causes for the cessation of a privilege, apply as well to any one who acquires a privilege (by transfer,) as to the original privileged person (patentee.) After the extinction of a privilege, the use of the discovery, invention or improvement, for which the privilege was granted,
will become open to every one. $ 27.-For the prevention and uniform settlement of disputes, the following regulations are enacted :
As the privilege is founded upon the description of the discovery, invention or improvement which is delivered by the possessor thereof ($ 10.); in case of disputes, the discovery, invention or improvement shall be judged according to the inanner in which it is set forth in that description.
(a) Every new finding out of a process in industry, which although practised in former times, has been since entirely lost, or which although still practised in foreign countries, is unknown in the monarchy, shall be held a discovery.
(6) Every production of a new object by new means ; or of a new object by means already known; or the production of an object already known by means different from those which have hitherto been used for that object, shall be held an invention.
(c) Every addition of a preparation, arrangement, or method of working, to a process, already known or privileged, by which more complete success, or greater economy shall be attained in the result of that process, or in its mode of operation and application, shall be held an improvement.
(d) Every discovery, invention, improvement, or change, shall be held as new, if it is not known in the monarchy, either in practice, or by a description of it contained in a work publicly printed. But the novelty of a discovery, invention or improvement, shall not be called in question, on account of its being described in a work publicly printed, unless that description is so accurate and clear, that any person acquainted with the subject, can, by means of that description, manufacture the object, or practise the process for which the privilege has been granted.