Lapas attēli

years, and never to exceed the term of the original foreign patent. Provisional patents one year, and renewable each subsequent year.

5. GOVERNMENT FEES.- According to article 26 of the patent regulations, a stamp duty of twenty-five pesos (dollars) for the letters patent, and by yearly installments; eight pesos for patents of five years; ten pesos for patents of ten years; and for patents of fifteen years eleven pesos during the first five years, and twelve pesos during the remaining ten years. According to article 6 of the patent law, eighty pesos fuertes for a patent of five years; two hundred pesos for a patent of ten years; and three hundred and fifty pesos for a patent of fifteen years, one half to be paid at the time of application, and the other half by successive yearly installments. Patentees to accept and sign bills in common with another person (to be approved of by the commissioner) as collateral security for the payment of the annual installments. Certificates of addition subject to the same formalities as patents, original patentees paying only one fourth of the patent fees, but others than the patentee one half. Provisional patents fifty pesos, to be deducted in case letters patent or certificates of addition for said invention are taken out subsequently.

6. DOCUMENTS REQUIRED.—A petition to the Commissioner of Patents, (twenty-five pesos stamp duty,) a description, (in the Spanish language,) with proper drawings on a metrical scale, patterns, models or chemical samples,) all in duplicate, and a list of the objects presented. A deposit of one half of the Government fees, one half only of which is returned in case of refusal; and when, in the latter case, an appeal is made to the Minister of the Interior, (within ten days,) and the refusal is upheld by him, the whole deposit becomes forfeited.

7. WORKING.—Within two years, and not to be interrupted for the same period, except by showing good cause for delay.

8. AssignMENT.-By notarial act of registration at the Patent Office. Payment of the entire fees required.

9. SPECIFICATIONS, ETC., INSPECTION AND PUBLICATION OF. -Open to public inspection at the Patent Office, (except provisional patents.) Published yearly. Copies obtained by paying the stamp duty on paper.

10. INFRINGEMENTS.-Punishable by a fine of from fifty to five hundred pesos, or by imprisonment of from one to six months, and the forfeiture of the counterfeit articles, besides damages. Participators subject to the same penalty. In case of a second offense within five years, said penalty to be doubled. All fines to be divided between the treasury and the informers.

11. OTHER LEGAL PROVISIONS.-Patent actions to be instituted by the interested parties before the sectional tribunals. Decisions summary. Longest term granted for showing cause, (in exceptional cases,) six months. Within ten days of the expiration of the term allowed, judge to deliver judgment and to award costs. Appeals to the superior court (for final decision) to be entered within three days.

[ocr errors]

II. Austria.

12. Law, date, and where recorded.
13. Kinds of patents.
14. Previous examination.
15. Duration.

16. Government fees.
17. Documents required, and where

to be left.
18. Working and prolongation.

19. Assignments.
20. Other legal provisions.
21. Specifications, inspection, copies.

22. List of patents delivered.
23. Specifications published.
24. Proceedings to obtain a patent.

12. Law, DATE, AND WHERE RECORDED.-Imperial decree of 15th August, 1852. (See Commissioners of Patents' Journal, [vide infra, $ 71,] No. 291, An., 1856.)

13. KINDS OF PATENTS.—Exclusive privileges for new discoveries, inventions, or improvements granted to natives or foreigners residing or represented in Austria,

14. PREVIOUS EXAMINATION.—None as to novelty or utility. No guaranty by the Government. No patents are granted for preparations of food, beverages, and medicines, or for such inventions as cannot be worked for reasons of public health, morals, or safety, or as being contrary to the general interest of the State.

15. DURATION.–Fifteen years at most from the date of the exclusive privilege. Imported inventions for the unexpired term of the foreign patent. The latter grants are made to the foreign patentee only, or his proxy, provided the invention has not yet been worked in the empire.

16. GOVERNMENT FEES.—Twenty florins for each of the first five years; thirty florins sixth year; thirty-five florins seventh year; forty florins eighth year; forty-five florins ninth year; fifty florins tenth year; sixty florins eleventh year; seventy florins twelfth year; eighty florins thirteenth year; ninety florins fourteenth year; one hundred florins fifteenth year-equals seven hundred florins for fifteen years, or one hundred florins for the first five years, two hundred florins for the following five years, and four hundred florins for the last five years. (Ten florins equal one pound.) The fees paid for patents, which subsequently have been annulled on public grounds, are to be repaid in proportion to the unexpired term.

17. DOCUMENTS REQUIRED, AND WHERE TO BE LEFT.-A petition of the inventor or his proxy; power of attorney, (in the latter case;) the Government fees or receipt for the same; a specification, sealed, and in German, or the language of the respective State of the empire; drawings, models, or patterns; statement whether the invention is to be kept secret or not, and, if the former, for how long. In the case of importations, the original letters patent or an authenticated copy of the same. Deposited at the offices of the governors of provinces or of the authorities of districts. Specifications may be amended.

18. WORKING AND PROLONGATION.-To be worked within one year, and not to be interrupted for two years. The longest term extended by special grant of the Emperor.

19. ASSIGNMENTS.—Registered at the Ministry of Commerce and Trades, and published in the Vienna Gazette, monthly.

20. OTHER LEGAL PROVISIONS.—The following cases are to be considered as infringements: 1. Imitating the object of a patent; 2. Importing counterfeit articles; 3. Selling such counterfeit articles. Infringements of patents with specifications kept secret not punishable in the first instance. Fines, which are to be paid into the poor-box, from fifty shillings to one hundred pounds. Imprisonment at the rate of one day for ten shillings.

21. SPECIFICATIONS, INSPECTION, AND COPIES OF.—In the record office of patents, at the Ministry of Commerce and Trades, Vienna. Copies to be had of specifications which are not to be kept secret or which belong to an extinct patent.

22. LIST OF PATENTS DELIVERED.—Monthly and annual synoptical tables of privileges granted, prolonged, assigned, and become void. (Vienna Gazette, monthly, and Commissioners of Patents' Journal, [vide infra, $ 71.])

23. SPECIFICATIONS PUBLISHED.-In various technical periodicals and official publications kept at the Public Free Library of the Patent Office.

24. PROCEEDINGS TO OBTAIN A PATENT.-Petitions for patent may be addressed by the applicant or his agent to the governors of provinces or to the different authorities of districts. They must contain the Christian and surname, profession, and residence of the applicant; and, if not resident in the empire, the name, profession, and residence of a proxy domiciled there. If the process is intended to be worked by a firm bearing a different name, that name must also be stated. The comprehensive title of the invention must be given, and the number of years for which the patent is demanded, which must not exceed fifteen, except by special grant of the Emperor. Foreign patents are limited in duration to that of the original. Applicant must also state whether he desires that the invention shall be kept secret or not. The tax may be paid to a public treasurer, and his receipt must be given in with the application. If made by an agent, a power of attorney must be put in; and if there be a foreign patent, the original or an authenticated copy must be produced. The description of the invention must be under a sealed cover, indorsed with


« iepriekšējāTurpināt »