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To be publish- lation, it may have become annulled-shall be made public, unless ed at expira- the Governor-General shall, for weighty reasons, think proper to

delay such publication : with the petition shall be further deposited

an undertaking, that the petitioner will, within the term of two Must be put in years after the granting of the patent, establish, or cause to be operation established, in the colonies of the West Indian possessions, a shop within two years.

to or factory, where the said apparatus or machinery in which the

patent consists, may be procured or repaired.: Obligation ART. 5.-At the same time with the presentation of the petition must be signed for a patent, an engagement shall likewise be signed by the petito claim the patent within

tioner, whereby he shall bind himself, within the space of three three months months from the date of the patent, (if granted,) to cīaim the same and pay and to pay the charges; while in the event of his not complying charges. Fail- with this condition, he will expose himself to the nullification of

his patent, and the consequent publication of his secret, The causes an exposure of the above-named term of three months shall commence on the day, secret. on which the authorities at the place where the party resides, shall

have given information to the petitioner of the patent having been granted, if the petitioner be a resident in some West Indian pos

session, distinct from Surinam. Package . . Art. 6.-On the package containing the description and drawmust be en- ing of the invention, must be, as far as possible, written and signed dorsed in form ho the petitioner a declar No. 1, and re-oy

m by the petitioner, a declaration according to the Form No. 1; and ceipt taken. on its deposit, a receipt for the same shall be given by the Secre

"tary of the Governor. Must be new ART. 7.—Patents shall be granted without prejudice to any in the colony. other person's right or possession: and this will have no force, if

it shall be found that the invention, in which the patent consists, previous to the granting of the patent, was in use or had been put

into activity by other persons in the colony. Term of grant. Art. 8. - Privileges shall be granted for a term of five, ten, oi

fifteen years, and will be only available within the colony. May be pro- The term, for which a patent has been granted, may be pro longed. longed, when very sufficient cause can be shown for such prolon.

gations : nevertheless, the whole period shall not exceed the term of fifteen years, and when desired, it must be demanded by a petition to the Governor-General.

ART. 9.-The privilege shall be subject to the following. dues : · For a term of five years, 150 florins, or £13; for ten years, 300

florins, or £26; or 400, or £34 10s., according to the importance of the invention, for a term of fifteen years, 600 florins, or £52; or 700 florins, or £60, in proportion to the importance of the inven

tion; for a transfer by inheritance or purchase, 20 florins, £1 158. Homc patents Art. 10.-Should a privilege. have been previously granted in cover the W. the Netherlands for the same object, and the dues have been paid I. Colonies, thereon, the privilege granted in the West Indies will not be sub

ject to any other charges than the usual stamp and registration registration fees. fees.

Patent tax.

with

patent is

Art. 11.-If any patent should become void for any of the Part of dues causes indicated by & F. of article 20, the dues which may have returned if been paid thereon shall be returned, in proportion to the time

o uno annulled. which the patent has yet to run.

· Art. 12.-Patents for the first introduction of inventions or real Patents of im improvements made in other countries, shall, inasmuch as they may portation to

expire with be patented or privileged there, only be granted for a term not in exceeding the duration of such patents or privileges in the foreign dates. countries in question, and on the express condition alone, that the patented object shall be manufactured within the colonial posses- Must be manusions. The government, in granting a privilege as above, does not factured in the guarantee the truth of the representations in the petition, as regards Colonies. the duration of the foreign patent, of which it may be an impor- . tation.

Art. 13.—Proprietors of patents who may introduce improve- Additional imments on the object of their patent, may have patents for such provements

- granted. improvements, either for the term of their original patent, or for & any of the terms fixed by Art. 8.

Art. 14.—To obtain such a patent the proceedings must be Same process taken as for procuring other patents.

as for a new

+ patent. Art. 15.- If any person should have invented an improvement par on a patent already existing, he can obtain a patent for such provement, improvement; without, however, having any right to make use of when made by the former invention under any shape whatsoever, as long as it other than shall not have ceased to exist. Likewise, on the other hand, the Re

first patentee. first inventor shall not make use of the subsequent invention of rights of each. another party.

Shall not be considered as improvements, alteration of shapes, of proportions, nor any kind of ornaments.

Art. 16.-Proprietors of patents, who may wish to transfer the Of transfers whole or part of their privileges to other parties, shall be required how made. first to demand the approbation of the Governor-General. Such transfer being conceded, a procès-verbal shall be made up, of the register or enrolment-book of which we shall presently speak.

ART. 17.–Those who may become proprietors of a patent by Proprietors of succession, shall be required, before taking possession of such pro- patents by perty, to give information thereof to the Governor-General of such succession,

ereof to the Governor-General of such how secured. succession, and notice of the same shall be made in the register alluded to in the last paragraph, while those parties interested shall receive information of the same..

ART. 18.-With the petition to solicit the approbation of the The successor Governor-General to the transfer of the patent, or with the com- of such patent,

shall prove munication of the succession thereof by the death of the patentee, that the des a document shall be handed over to prove that the amount of the have been dues payable on such occasions, by Art. 9 of the law, has been paid. remitted to the treasury.

ART. 19.-A patent or privilege authorises a possessor or his Privileges unrepresentative :

der patent. To manufacture or sell, or cause to be manufactured or sold,

exclusively within the Dutch West India Possessions, the objects

of which the patent consists, for the whole duration thereof; Can prosecute To prosecute such persons as may infringe the privileges of the for infringe- patentee, to the confiscation, to his benefit, of the manufactured ment.

and yet unsold objects of his patent, as well as of the proceeds of such as have been sold, and the recovery of such damage and loss

as the patentee may have sustained. When a patent ART. 20.-A patent shall (save in the case of Art. 5,) be declared can be declar- void for any of the following causes :ed void.

When it shall appear that the patentee has dishonestly withheld,

or erroneously represented, any part of the description or drawff previously When it shall appear, that the object for which the patent is published. granted was published in any work before the patent was granted. If not put in When it shall appear that the patentee has not made use of his activity in

patent within the space of two years from the date of the grant; time.

unless for some reason which the government may think sufficient to warrant the delay, and the patentee shall, accordingly, deliver to the government a proper certificate, attesting that he has put

his invention into activity. If subsequent When the possessor of a patent shall have obtained a patent in ly secured in any other country, after having obtained one in the Dutch Coloany other nies. country. When factories When the proprietor of a patent in the Dutch West India posare not built to sessions shall not, within two years of the grant of the patent, have construct, &c. established such shop or factory as may be necessary to furnishi

and repair the apparatus or machine, in which the patent consists,

at reasonable prices. When danger. When it may appear that the object in which the patent conous to govern- sists, is, in its application, opposed to the safety and security, as ment.

likewise to the interest of the government or of the inhabitants of

the colony. . When a suc. When it shall appear that the patented invention or improvecessor to the ment, having become the property of another by transfer, succesgrant has

m. sion, or inheritance, shall be carried out and worked by the sucfailed to comply with the cessor, without having taken the measures indicated by Art. 16 laws.

and 17 for these cases. Patent to be Art. 21.—On the expiration of the term for which a patent may made public

have been granted, or when it may have been declared void for on their

any of the before-mentioned reasons, the Governor-General shall expiration.

take the necessary measures to make the invention or the improvement public, unless for certain political or commercial interests it may be considered not advisable, in which case it shall be submitted

to the Home Department of the kingdom of the Netherlands. Of transfers. ART. 22.—The Governor-General shall, on each occasion of a

transfer of a patent, give information of the same to the adminis

tration of the colony. Registration of ART. 23.-A register shall be kept of the patents granted and transfers.

transferred, where they shall be entered according to Form 3.- . Those persons who wish to demand patents, may previously inspect this register.

Art. 24.—Publication of patents granted, with the names of Manner of the parties who obtain them, shall take place in the “Gazette of publishing Surinam;" and that no one may pretend ignorance of the grant, par it shall be published in the usual way in the Government paper. Done at Paramaribo, 4th July, 1844.

B. I. ELIAS.

patent.

4th July, way in the Gorance of th

AUSTRIAN STATUTES

RELATING TO LETTERS PATENT.

WE, Francis, by the grace of God, Emperor of Austria, &c.

Whereas, since our ordinance of 1820, December the 8th, concerning the granting of patents, some doubts have existed as to the efficiency and clearness of the same, we have caused it to be examined, and it has pleased us to resolve as follows:-

SECTION I.
Of the Object of Patents ; their Refusal, and Mode of Application

for the purpose of obtaining them.*

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tation.

For what ob- Art. 1.--All new discoveries, inventions, and improvements, ject grants national or foreign, within the whole range of industry, may obtain are made.

the protection of a patent in the Austrian dominions, whether the

same be applied for by natives or foreigners. Medicines not Art. 2.-No patent will be granted for the preparation of patentable. aliments or medicinet.

For new inventions and improvements of foreign countries, Patents of which are desired to be imported into the Austrian states, a patent

may, (as far as such new inventions in such foreign country are secured by patents) be granted to such patentee, or to his lawful assigns, but only for the term of the duration of the foreign patent, ·and in no case for a longer term than fifteen years, unless by our

special consent. Must termi- The importation into the Austrian states of an invention or an nate with the improvement, cannot be the object of an exclusive privilege but

*An Austrian patent does not extend to Hungary and Transylvania unless expressly desired, in which case three sets of drawings and three specifications must be sent in, one in German, and two in the Latin language.

+ But any apparatus or vessels, by, or in which such aliments or medicines are prepared, may be patented.

foreign grant.

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