SEC. XXXIX. Spain. 410. Law, date, and where recorded. 411. Kinds of patents. 412. Previous examination. 413. Duration. 414. Government fees. 415. Documents, where to be left. SEC. 418. Assignments. 419. Specifications, inspection and 120. List of patents delivered. 422. Proceedings to obtain a patent. 410. LAW, DATE, AND WHERE RECORDED.-Royal decree of 27th March, 1826, 14th June, 1829, 23d December, 1829. (See Commissioners of Patents' Journal, vide supra 71, No. 323.) 411. KINDS OF PATENTS.-Patents for inventions and importations to natives and foreigners. 412. PREVIOUS EXAMINATION.-None as to novelty or utility. 413. DURATION.-Five, ten, or fifteen years for patents of invention; five years for patents of importation, prolonged to ten years. To begin from the date of the patent. 414. GOVERNMENT FEES.-1,000 reis for five years; 3,000 reis for ten years; 6,000 reis for fifteen years; 3,000 reis for patents of importation for five years, besides 80 reis on the delivery of the patent in addition to the above sums. (1 real 5d.) 415. DOCUMENTS REQUIRED, AND WHERE TO Be Left.— An application of inventor or his attorney to the Queen; a description and plan of model, (sealed,) with an annexed memorandum pointing out the chief claims of the inventor. 416. WORKING AND EXTENSION.-To be worked within and not to be interrupted for one year and one day. 417. InfringemENTS.-Punishable by confiscation of machines, utensils, apparatus, and manufactured goods, and by a fine of three times their value, for the benefit of the patentee. 418. ASSIGNMENTS.-Registered at the Royal Conservatory of Arts within thirty days of date. 419. SPECIFICATIONS, INSPECTION AND COPIES OF.-Open to the public at the Royal Conservatory at the expiration of the patent. 420. LIST OF PATENTS DELIVERED.-In the Madrid Gazette; in a public register at the Conservatory of Arts. 421. ORIGINALS OF SPECIFICATIONS, (MODELS.)-At the Royal Conservatory of Arts. 422. PROCEEDINGS TO OBTAIN A PATENT.-Patents must be solicited by the applicant or his agent by means of a memorial (in Spanish) in the following form: To the Governor of the Province of domiciled [or residing] at N. [state profession], begs respectfully to state, that for the purpose of securing the property of a machine [instrument, apparatus, process, method] invented [imported] by him for [state object], and conformably to the royal regulations, he presents to you the required memorial for his Majesty, and a closed and sealed packet, [or case,] and the following inscription [copy of inscription.] I request you to sign the said packet [or case], to deliver the proper certificate to me, and to let me have the required official letter to his excellency the Secretary of State and of the Exchequer, that I may deliver the whole into his hands, according to the regulations. [Address and date.] [Signature.] This memorial is to be accompanied by a petition to the King, on stamped paper, mentioning the object of the patent, whether original or imported, and its dura tion. Each application must not contain more than one object. 423. FORM OF PETITION TO THE KING. N. domiciled [or residing] at , [state profession], submits to your Majesty, with profound respect, that for the purpose of securing the property of a machine [instrument, apparatus, process, method] invented [imported] by him [state object], and conformably to the regulations made by your Majesty, he solicits from your Majesty the delivery of letters patyears; and he will ever pray, &c. ent for [Signature.] There must likewise be sent with the memorial and petition a plan or model, with the description and explanation of the mechanism or process, clearly and correctly, so that no doubt may ever arise of its object or particular nature, with a declaration that the invention has never been worked in that form before. Models must be in a sealed case and plans and descriptions in a sealed cover, both bearing the following inscription: Application for letters patent presented by N. domiciled at to the Governor of for [insert title of invention, as mentioned in the petition to his Majesty, month, year, day, and hour.] [Signature of Governor.] [Name of the Applicant.] [Number of Register. ] The petition, having been examined by the General Commission of Commerce, Money, and Mines, and approved, is granted, and letters patent are delivered on the production of a receipt showing that taxes have been paid to the Royal Conservatory of Arts. After delivery of the patent the closed and sealed documents shall be deposited in a room of the Royal Conservatory of Arts, and shall only be opened in case of litigation, and by order of the judge. Grants of patent are to be published in the Royal Gazette. A register of patents is to be kept open to public inspection. A note is to be annexed to the description and explanation which accompany the petition for a patent, pointing out clearly, distinctly, and solely that part, mechanism, substance, or process which is the object of the patent and which the applicant desires to secure, and the letters patent shall apply only to the contents of the said note. This note is to be verified by the Council of the Exchequer. SEC. XL. Sweden. 424. Law, date, and where recorded. 425. Kinds of patents. 426. Previous examination. 427. Duration. 428. Government fees. 429. Documents required and where to be left. 430. Working and extension. SEC. 431. Assignments. 432. Other legal provisions. 433. Specifications, inspection, and 434. List of patents delivered. 436. Originals of specifications, (mod- 424. Law, Date, AND WHERE RECORDED.-Royal ordinance, dated 19th August, 1856, in force since October 1, 1856. (See Commissioners of Patents' Journal, vide supra 71, No. 354, and for Norway, No. 655.) 425. KINDS OF PATENTS.-Patents of invention and improvement granted to the original inventor only, whether a native or alien, residing or represented in the country. No patents are granted for pharmaceutical preparations, or for invention contrary to existing laws, to public safety, or morality. 426. PREVIOUS EXAMINATION.-By the Chamber of Commerce, as to the invention being contrary to existing laws, to public safety, or morality. Official publications of foreign inventions do not prevent grants of patents. No guaranty as to novelty or utility. 427. DURATION.-Three years at least, and fifteen years at most, according to the nature and importance of the invention. Patents for foreign inventions not to exceed the term granted abroad. 428. GOVERNMENT FEES.-None except the costs of publishing the specification in the "Post & Inrikes Tidningar." 429. DOCUMENTS REQUIRED AND WHERE TO BE LEFT.—A petition to the Chamber of Commerce, (Kommers-Kollegium;) a declaration as to whether the invention be new or an improvement; a full description of the means of working the invention, drawings or models, (if required.) N. B. A month's time is allowed, if applied for, for delivering the complete specification. 430. WORKING AND EXTENSION.-To be worked within one, two, or four years of the date of patent, according to the nature and importance of the invention, such working not to be interrupted for one year. 431. ASSIGNMENTS.-To parties residing in the kingdom, by permission of the Chamber of Commerce. 432. OTHER LEGAL PROVISIONS.-Infringements punishable by a fine of from 100 to 200 rix-dollars (£23 to £46) for the first offense, and from 200 to 400 rix-dollars (£46 to £92) for the second offense; besides by damages, half of which belong to the patentee, and the other going towards the relief of the poor of the parish. 433. SPECIFICATIONS, INSPECTION, AND COPIES OF.--In the records of the Chamber of Commerce. |