Lapas attēli
PDF
ePub

35. OTHER LEGAL PROVISIONS.-Infringement punishable by a fine of from £8 to £41, (half to the poor-box.) Counterfeits confiscated. Injuries done unknowingly and in good faith punishable by the interdiction only of the illegal undertaking.

36. SPECIFICATIONS, INSPECTION AND COPIES OF.—Specifications of patents that have become extinct, or such as are not to be kept secret, may be inspected at the above ministry.

37. LIST OF PATENTS DELIVERED.—In the official gazette, in a register at the above ministry, and in every chief provincial town; in the Commissioners of Patents' Journal.

38. SPECIFICATIONS PUBLISHED.-At the expiration of the patent, if deemed interesting, (mostly in the Bayrische Kunst und Gewerbeblatt.) May be consulted at the ·Public Free Library of the Patent Office.

39. PROCEEDINGS TO OBTAIN A PATENT.-The petition for a patent must be addressed to the Minister of Commerce and Public Works; it must contain the Christian and surname of the applicant, his calling and place of abode, and, if a foreigner, those of his agent in Bavaria, the general but characteristic designation, of the invention, and must state the number of years for which the patent is demanded. The petition must be accompanied by a detailed, complete, and true description, in German, or accompanied by a German translation, of the invention, with drawings, models, &c., when necessary. The specification may be open or under cover, at the option of the petitioner. The documents must be indorsed with the exact day and hour of the deposit, and a certificate to the same effect must be given to the petitioner. The application must always be accompanied with the amount of the tax and stamp duty of three florins. Where the specification is found defective, it will be returned for correction.

V. Belgium.

.

Sec.

Sec. 40. Law, date, and where recorded. 50. Specifications published. 41. Kinds of patents.

51. Originals of specifications. 42. Previous examination.

52. Legal proceedings. 43. Duration.

53. Causes of nullity. 44. Government fees.

54. Proceedings to obtain a patent. 45. Documents required, &c.

55. Declaration. 46. Working and extension.

56. Form of a patent. 47. Assignments.

57. Form of transfer of patent. 48. Specifications, copies of.

58. Forin of certificate of reception 49. List of patents delivered.

of a patent by transfer. 40. Law, DATE, AND WHERE RECORDED.-Royal decrees of 24th May, 1854, and 27th March, 1857. (See Commissioners of Patents' Journal, [vide infra, $ 71,] Nos. 292 and 348.)

41. KINDS OF PATENTS.-Patents of invention, importation, and improvement granted to natives or foreigners residing or represented in Belgium.

42. PREVIOUS EXAMINATION.-None.

43. DURATION.—Twenty years at most from the date of the deposit. Foreign inventions according to the longest term granted abroad.

44. GOVERNMENT FEES.-Ten francs the first year, twenty francs the second year, and so on till the twentieth year, when the fees are two hundred franes, (one franc, equal ten pence.) Original patentees exempt from fees for patents of improvement. Patentees having

forfeited their rights by not making the annual payment in due time may recover them within six months followng the expiration of their patent, by paying a penalty of ten francs, (eight shillings.)

45. DOCUMENTS REQUIRED, AND WHERE TO BE LEFT.-A petition of the inventor, or his proxy, on stamped paper, to the Minister of the Interior; a specification, (two copies,) in French, Flemish, or German, (foreign specifications, however, only in French;) drawings (two copies) on a metrical scale, models or patterns; an acknowledgment of the receipt of ten francs paid to the receveurgénéral; a memorandum of the various documents. Deposited at the registrar's office of the respective provincial governments, or at the office of the commissary of a district, or at the Ministry of the Interior at Brussels.

46. WORKING AND EXTENSION.—The working of the invention must take place within one year from its having been worked abroad, and not be interrupted, without good reason, for one year. Prolongations granted for one year, by applying two months previously. Patents of improvement, taken out by others than by the patentee of the original invention, cannot be worked together with the original invention without the consent of the original inventor, and vice versa.

47. ASSIGNMENTS.—By notarial act, registered at the Ministry of the Interior on payment of ten francs, and published quarterly in the official publication of specifications, together with the list of patents annulled or expired.

48. SPECIFICATIONS, INSPECTION AND COPIES OF.-Inspection free at the Ministry of the Interior three months

[ocr errors]

after the delivery of the patent. Copies on payment of costs.

49. LIST OF PATENTS DELIVERED.—Published every fortnight in the Moniteur Belge and in the Commissioners of Patents' Journal. Lists of patents that have become void published quarterly in the Moniteur Belge.

50. SPECIFICATIONS PUBLISHED.—Three months after the grant of the patent in full, or in the form of extracts. At all events, patentees may have their specifications published in full, at their own expense, by giving previous notice thereof to the administration one month at least before the expiration of said term. Said publications are kept at the library of the United States Patent Office.

51. ORIGINALS OF SPECIFICATIONS, (MODELS.)—Deposited at the expiration of the patent in the Museum of Industry, Brussels.

52. JURISDICTION AND LEGAL PROCEEDINGS.—The Tribunal de 1re Instance. Legal proceedings to be ruled by article 587 of the Code Civil.

53. CAUSES OF Nullity.—Want of novelty; non-payment of the annual fees; fraudulent or defective description; previous publication, except official foreign publications of inventions patented abroad, and for which patents of importation are sought in Belgium.

54. PROCEEDINGS TO OBTAIN A PATENT.—The applicant for a patent, or his agent, must make application to one of the provincial governments of the kingdom, or at the office of one of the district commissioners, if situated at a distance from the chief town of the province. To this application must be added in a sealed envelope1. A specification of the objects invented.

2. The drawings, patterns, or specimens necessary to understand the specification.

3. A duplicate, certified as being in conformity with the specification and drawings.

4. A list of the objects deposited.

All these documents must be signed by the applicant or his agents.

A receipt, showing that the first year's fee of ten francs has been paid, must be deposited with the above.

The application must be on stamped paper, and contain the Christian and surname of the inventor, his profession, and his address, real or elected, in the kingdom, and it must express the object of the invention distinctly and concisely. It must be confined to one principal invention, with its details and applications. If a patent of importation, it must state the duration of the original patent and the country where granted. An agent must produce a power to act. (The decree says this must be in due legal form, but the practice is not to require that the power be legalized by notaries, magistrates, or consuls.)

The specifications must be in French, Flemish, or German, and, if not in French, with a French translation. When the inventor is not resident in Belgium, the specification should be without interlineation or erasure, and any words interlined or erased should be counted, certified, and the pages and references indicated. The specification must be clear and distinct, and conclude with a summary of the matter of which it consists.

The drawings should be in ink, to a metrical scale, properly indicating the invention in plan, sections, and elevations, and the parts which contain the invention patented should be of a different color to the rest.

a

« iepriekšējāTurpināt »