« iepriekšējāTurpināt »
the title of the invention, and the address of applicant or his agent.
Specifications must be written in German or in the language of the province where the application is made, and must contain such a clear, unambiguous, and complete detail of the invention as to enable any competent man to manufacture the article.
Should the authority to whom an application is made think the invention unfit to be patented, he is to inform the petitioner thereof, requiring him to withdraw it, and give a receipt for the sealed specification. An appeal is allowed to the Minister of Commerce and Trades. A defective specification may be amended.
No examination of the novelty or merit of the invention is made, the patent being delivered at the mere risk and expense of the applicant.
The privilege of a patent extends to the whole of the Austrian dominions; that is to say, to Austria proper, Bohemia, Austrian Italy, the Polish provinces, Istria, Salzburg, Styria, Silicia, Moravia, and the Tyrol.
Form of Petition for a Patent.
[Insert address of the authorities of the respective district or province.
I for we, as the case may be, Christian and surname, profession, and domicil] beg to state that have made a new discovery, [invention, improvement,] consisting essentially in [insert the comprehensive title.]
The complete specification, drawn up according to the provisions of section twelve of the patent law of is subjoined in the appendix.
[Insert whether the specification is to be kept secret, and state the exact number of the drawings, models, patterns, fc., if any.]
For this discovery [invention, improvement], announced and duly specified, which
the undersigned petitioner believe , to the best of knowledge, to be patentable and new, according to the provisions of the said patent law, and legal for obtaining an exclusive privilege at own risk and responsibility, solicit such a privilege for the stated discovery, [invention, improvement,] in the manner as represented in the annexed sealed specification, under the legal clauses and conditions, for the term of years, for which purpose pay the entire patent tax of florins, due according to section eleven of the said patent law, and request the delivery of an official certificate for securing
prior claims. [Address and date.]
Where not the money, but the receipt of a public pay office is tendered with the application for patent, such receipt must contain the name of petitioner, the title of the invention, the number of years for which the tax has been paid, and the amount in words at length. Any deficiency or defect in this document must be remedied before the petition can be received.
The tax being paid, and the petition being found worded and directed according to prescription, the parties being present, an official memorandum is to be inscribed on the cover of the sealed specification, stating the day and hour when the petition was delivered and the amount of tax paid, and the applicant or his agent must also sign it. Of this formality an official certificate is to be delivered to the applicant.
These formalities being fulfilled, the petition is to be forwarded within three days to the governor of the respective province, unless the delivery took place in the chief town of the province, whence, if found correct, all the documents are to be forwarded to the Minister of Commerce and Trades, with a report from the governors.
The petition having been found correct, or its defects having been corrected, and the article having been deemed patentable, letters patent are then issued, the minister having the power to impose on the working of the patent such conditions or restrictions as may be considered necessary.
III. The Grand Duchy of Baden, and Petty States of
25. No special patent legislation.
25. No SPECIAL PATENT LEGISLATION.-The Minister of the Interior, however, grants privileges for inventions, after an examination as to novelty and utility by competent commissioners. The Government fees amount to 40 or 50 florins, (12 fls.=£1.) The term for which patents are granted is five and ten years. (Annual lists of patents published in the Commissioners of Patents' Journal, vide infra, $ 71.)
In the following States there is no special legislation, but the respective Governments grant privileges to inventors for the exclusive use or working of their inventions:
to be left.
26. LAW, DATE, AND WHERE RECORDED.—Royal ordinance of 11th September, 1825, and organic law for the regulation of trades, dated 17th December, 1853. (See Commissioners of Patents' Journal, [vide infra, $ 71,] No. 262, An., 1856.)
27. KINDS OF PATENTS.-Patents for inventions, improvements, and importations granted to natives and
foreigners residing or represented in Bavaria. No guaranty as to novelty.
28. Previous EXAMINATION.—By the Minister of Com. merce and Public Works, as to novelty, utility, and for sanitary reasons.
29. DURATION.–From one to fifteen years. Imported inventions according to duration of original patent.
30. ANNULMENT.—In case of the invention not being new, or the description thereof having been published in German or foreign works.
31. GOVERNMENT Fees.—Two guineas for one year; £2 10s. for two years; £3 78. for three years; four guineas for four years; £5 for five years; £6 for six years; £7 10s. for seven years; £9 for eight years; £10 17s. for nine years; £12 10s. for ten years; £14 12s. for eleven years; £16 14s. for twelve years; £18 for thirteen years; £21 for fourteen years; £23 for fifteen years; besides a stamp duty of five shillings.
32. DOCUMENTS REQUIRED AND WHERE TO BE LEFT.A A petition of the inventor or his proxy, (with power of attorney,) addressed to the Minister of Commerce and Public Works; the fees and stamp duty; a description, with drawings, models, or patterns. In cases of importation, the original patent, (or a legalized copy thereof.)
33. WORKING AND EXTENSION.-Original terms extended to fifteen years at most. Patents for less than six years to be worked within the first half of the period allowed; patents for six years and more, within three years; patents of importation, within one year. Working not to be interrupted for two years.
34. AssIGNMENTS.—To be recorded at the Ministry of Commerce and Public Works within three months.