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likewise the term for which he desires to obtain a patent, and for . which the object may already have been patented in a foreign country.
• There must be added under seal an exact description detailed Description and signed by him, of the object or secret for which the patent is and plans. demanded, accompanied by plans and designs in conformity with Art. 7, of the law of 25th January, 1817.
- Art. 2.-The proper officer of the provincial government will To be endorsmake a declaration on the back of the sealed package, (Form I.) ed by of the exact date of the deposit of the petition and accompanying of date of do:
*? ment officer, pieces: and the declaration (procès-verbal) shall be signed by him posit. and by the petitioner, to whom there must be delivered a copy.
ART. 3.-The governor of the province will immediately, or at Gov. to address latest, within the term of ten days from the date of the deposit. Minister of address the demand to the Minister of Interior.
Art. 4.-The Commissary-General will present the petition to How petition the King with his report; and when it is considered that the demand to be is of that nature that it may be granted, the patent is joined to the
ed to the King. report for the signature of his Majesty..
Art. 5.—When the King shall judge proper not to accord the If refused, demand, or to send it up for the opinion of the Royal Institution petitioner of the Netherlands, or of the Royal Academy of Sciences and notified. Belles Lettres at Bruxelles, information shall be given to the peti- ', tioner. "
Art. 6.—The patent (Form No.2,) shall contain the descrip-Of forms, tion of the invention; it shall indicate the rights which it gives to the proprietors, according to Art. 6, of the law of the 25th Jan. 1817, and shall expressly mention that the government, in granting the, patent, guarantees in no wise the priority nor the merit of the invention, and that it reserves the faculty of declaring the patent null for one of the causes indicated in Art. 8 of the law. - A patent of importation for an object patented in a foreign Regulation country shall contain, likewise, the express declaration that the of foreign in government does not guarantee the truth of the assertion of the ventions W
" previously petitioner respecting the duration of the patent of which it is' an patented importation. It will, likewise, contain the clause, prescribed by abroad. Art. 5 of the law, that the objects mentioned, and in which the The invention patent consists, shall be made in the country.
must be manu.
factured in the ART 7.-Any person wishing to procure a prolongation for a countr patent, of five or ten years, (Art. 4,) should make his demand to Demands for the Commissary-General of instruction in the arts and sciences, exte who will make his report to the King.
whom ad · These prolongations will be likewise signed by the King... dressed.
ART. 8.-Any proprietor of a patent, who by a new invention Patents of adhas improved that for which he has obtained a patent, may obtain dition how a patent of addition, for the term for which his former patent has granted. to run, or, on the terms fixed by Article 3 of the law of 25th January, a new patent for the exercise of his new means may be obtained.
rights of each pired.
Must pass Art. 9:-To obtain this patent he must pass through the same through the formalities as for the first. With respect to the dues to be defrayed, same formali. ties as at first.
ist. this will be regulated proportionably to the length of time which
he has still to enjoy his patent, and in proportion to the importance
of the improvement., When patents' ART. 10.-If any person discover a means of improvement, on ' are granted for an invention already patented, he may obtain patents for the excluon unexpired
sive exercise of such means of improvements, without his being patents which permitted, however, under any pretext, to use, or cause to be used, do not origi- the original invention, as long as such patent shall be in use; and nate with the reciprocally without the original patentee being allowed to make owners. The
he use of the new improvement until the patent for the same is exparty. Must involve Are not admitted, as objects of improvement, mere alterations principle.
in form or proportion, nor ornaments, of whatsoever kind they
may be. How transfers ART. 11.–Any proprietor of a patent, who may wish to transfer of patents his patent, wholly or in part, to another party, is required first to must be made. obtain the authority of the King. He must, under pain of nullifi
cation, register the transfer at the Secrétariat of the provincial government, where a procès-verbal, in conformity with Form No. 3, will be made up, which shall be transmitted directly to the Commissary-General of Instruction in the Arts and Sciences. This procès-verbal shall be entered in the register, or book of enrol
ment, of which mention will be made hereafter.' When patents ART. 12.—Likewise, those who by right of succession become are inherited. proprietors of a patent, shall, before taking possession of their
rights, have the same registered at the Secrétariat of the province, where a procès-verbal shall be made up in conformity with Form No. 4, which shall be transmitted directly to the CommissaryGeneral of Instruction in the Arts and Sciences. This procèsverbal shall be registered or enrolled, as will be mentioned here
after. Patents expir- ART. 13.-On the expiration of a patent, or when a patent shall ed or annulled, have been declared null for any of the causes provided in Art. 8 published. of the law of the 25th January, the Commissary-General of Instruci t ion shall take suitable measures to publish such inventions or
i improvements. Sometimes the Art. 14.-If at the expiration of a patent, or in consequence of patent is not one of the cases provided in Art. 8, and if the Commissary-General made known of Instruction does not think proper, for any political or commertion.
parte cial reasons, tot publish the discovery, he shall make his report to
the King, who shall decide whether it shall be made public or not. How the ART. 15. The Commissary-General of Instruction shall forward patent is de- the letters patent of invention or importation, granted and signed livered after by the King, to the governor of the province where the domicile being granted. of the patentee is recorded, informing him of the amount which
is required to be paid for the patent. The governor will then
deliver the patent to the patentee, on his proving, by showing the
· dues. in the following manner :
For a patent of five years, 150 florins.
For one of ten years, 300 or 400 florins, according to the import- • ance of the invention.
For a patent of fifteen years, 600 or 750 florins, according to the importance of the invention...
For the transfer of a patent, 9 florins.
th Tonyony 181.thods, annulled some . causes named in Art. 8, of the law of 25th January, 1817, the dues ar
les of the dues paid for the patent shall be returned in proportion to the term returned. which it may have still to run. Art. 18.-The Minister of Finance will hand annually to the Fund derived
from the Commissary-General of Instruction an exact statement of amounts I paid for patents. The Commissary-General will then propose to reported to the King the employment of the funds, according to Art. 9 of the Commissary law of 25th January, 1817.
Instruction. . * Art. 19.—There shall be kept open, at the Commissary-Gene-ks
tion ral's of Instruction, a register, in which the patents granted shall of patents and hè entered, as likewise the certificates of grants and the transfer transfers. of rights. This register may be consulted by those persons who desire to demand patents. Art. 20.—There, shall be inserted in the official papers the Names of
ohtoined patentees, and patents granted, and the names of those persons who have obtained by
.. persons who have owaisvu title of patent them.
Difference be- THE patent laws of the Netherlands are exactly the same as Belgian and
the those already given with regard to Belgium. The law of 25th · Dutch laws. January, 1817, and 17th August, 1827, are precisely the same for
both countries, but with this remarkable difference in practice, that the above laws are strictly adhered to, and taken in their
plainest and most literal sense, by the Dutch Government. The Charges. charges are the same; for five years, 150 florins; for ten, 300; for
fifteen, 600; but fifteen years is not frequently demanded for patents of importation ; because, as the patent must expire with the foreign one of which it may be an importation, we should sometimes be paying for fifteen years while only enjoying twelve
or thirteen. The government requires the petitioner to give a Written obli- written engagement to pay the dues for patents up within three gation to pay months of its date; but it is only in January of the second year
d. that an imperative demand is made for the payment: so that from
thirteen months to two years can always be obtained for the pay
ment. Prolongation Prolongations of all kinds are rarely granted, and with great seldom difficulty granted.
tent Care should be taken to secure your patent before it be pubbefore publica- lished in any work. tion.
A patentee cannot, after obtaining a patent in Holland, solicit Patentees
one in another country, without endangering his Dutch patent. should be careful as to On demanding patents of additional improvements, it is necesforeign sary that the whole of the tax be paid just as with a new patent ; patents. but nearly the whole of it is afterwards returned, as the law does Tax for patents of im
not warrant a diminution of the tax, but a reward for rendering provement
the invention' more perfect is legal. An additional patent, howafterwards ever, is never granted until the dues on the first patent have been returned. paid up.
DUTCH WEST INDIAN STATUTES
: RELATING TO LETTERS PATENT.
Regulations for the Granting of Exclusive Privileges for Inventions and Improvements, in Objects of Art and. Industry, in the West Indian Possessions of the Kingdom of the Netherlands.
In the name of the King, the Governor-General of the Dutch The decree. West Indian possessions : To all to whom these presents shall : come, greeting:
Be it known, It having been found necessary to establish certain fixed laws, respecting the granting of exclusive privileges for inventions and improvements, in the West Indian Settlements; having heard the Colonial Council, as far as regards the Colony of Surinam, on the 18th March, 1843; We have approved and decreed, according to the authority granted by royal decree, of the 8th May, 1844, No. 60:
Art. 1.-On petitioning the Governor-General for that purpose, Governorexclusive privileges shall be granted for new inventions in the king- General peti
* tioned for a dom of the Netherlands, or in its foreign possessions, in any branch Con of the arts or manufactures, or for any real improvement, during a patent. certain term, by letters patent.
Art. 2.—Similar exclusive privileges shall be granted on the Colonial first introduction or putting into activity, in the West Indian pos- patent granted
for invention of sessions, of inventions and improvements of foreign origin. O importation
ART. 3.-The petition to the Governor-General for such purpose what the petishall contain a general elucidation of the object; further, the name tion shall set and address of the petitioner, and likewise the term for which the forth. patent is desired, and whether the same object has been patented abroad.
Art. 4.-The same petitioner is required to hand in with his Drawings and petition, a precise, explicit, and detailed description of the secret, description. (signed and sealed with his own hand,).of what the invention con sists, with the necessary drawings; which description, after the expiration of the term of the original or prolonged patent-or in case, for any of the reasons named in Art. 5 to 20 of this regula- .