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for so long as the same invention or improvement shall be patented in the foreign country.
Art. 3.-Any person desirous of obtaining a patent for any How to petiinvention or improvement, is required to present his petition to the tion for patent. government authority of the district in which he resides, and the said petition is to set forth the substance and nature of his invention; to state the number of years for which it is desired to be extended ; to pay in proportion to the same, one half of the tax hereafter mentioned ; and to annex, under his seal, a minute description of the invention or improvement.
ART. 4.-The government office of the district must deliver to Receipt of date the petitioner a receipt or certificate in the Form of B., stating the of application. name and residence of the petitioner, the day and hour of the application, the discharge of the tax paid, and the substance and nature of the object of the petition. · Art. 5.—From the date and hour stated as above, commences Hour of registhe priority of the patent : all objections or opposition, 'on the tration proves ground of similar discoveries, . &c., made after that time will be priority, invalid and of no avail, and cannot invalidate the novelty of the invention thus regularly described by the petitioner.
Art. 6.-Upon the cover of the sealed description, the officer of the endorseof the district, under the signature of the petitioner, is to state the ment of name and residence of the petitioner, day and hour of the applica-Pap tion, the tax paid, together with the substance and nature of the object expressed in the petition, immediately after its being presented in the Form C., and transmit the same, without delay, within three days at farthest, to the government of the province, remitting the tax paid to the office in the usual way. . . .
Art. 7.-The provincial government, without attending either Novelty not to the novelty or utility of the discovery, has merely, and exclu- examined, but sively, to examine and pronounce whether the discovery may, in
lisnatorý moer in may be reany manner, prove detrimental to the public, or be in opposition other causes. to the laws of the country. According to the result of such examination, the provincial government will refuse the patent, or demand the grant thereof. The title, conformable with model D., is thereupon delivered to the petitioner; and the insertion in the papers, and the publication at the place of residence of the patentee, shall Can appeal. then take place. In the event of the office refusing the patent, the petitioner may recur to the imperial chamber.
Art. 8.--The patent being granted and published, the deposited Patentee, if he sealed description (if not expressly desired by the patentee to be desires, can kept secret,) shall be opened in the office, transcribed in the regis
pers secret ter, prescribed Art. 23, and be open to the public eye : but if the until term ex. patentee, in his petition for the patent, or before its being granted, pires, except desires its being kept secret, then the description shall remain so for medicines, sealed during the term of the patent. The opening of the specification can only take place in such cases where it relates to preparation of aliments or medicine, which, according to the law, should be submitted to the College of Medicine.
All patents granted for objects, in opposition to the existing laws of police and public health, or against the interest of the state, are null in law.
SECTION II. Of the Rights and Advantages connected with Patents. Rights of ART. 9.—The patent assures and guarantees to the patentee the patentee.
exclusive use of his invention, such as it has been represented and described in his specifications, and for the term for which it is
demanded. Of factories, Art. 10.—The patentee is entitled to establish any workshops partnerships, or factories assignments,
rochips, or factories, to engage and employ all such work-people as he may and bequests.
find requisite to carry out his privilege to its full extent, and consequently to form establishments, stores, and warehouses for the manufactory, as well as sale and disposal of the proceeds; to authorise or license others to use his invention; to take partners at pleasure; to carry and exercise his invention to any extent; to dispose of, to bequeath, sell, let, or alienate the same in any way
whatsoever, and to apply for patents in other countries. Improvements Art. 11.–Patents for improvements or alterations of any invenpatentable. Rights of par.
ortion already patented, are exclusively confined to that individual
tion or ties under improvement or alteration, and confer no right upon the patentee such
to any other part of the invention under a prior patent, or any mode of performance already known; as, on the other hand, the original inventor is not allowed to profit by any improvements patented by any other person, without first arranging with such patentee.
Duty, fees, &c. ART. 12.-The tax on patents is levied in proportion to the
duration of the same, while it is left to the option of the petitioner to fix the term, which can be prolonged until its utmost extent of
fifteen years. List of fees. Art. 13.—The tax upon patents of invention or improvements
is fixed for the first five years at ten florins convention money per year, and consequently for the first five years, 50 florins; for the sixth year, 15; for the seventh, 20; for the eighth, 25; for the ninth, 30; for the tenth, 35; for the eleventh, 40; for the twelfth, 45; for the thirteenth, 50; for the fourteenth, 55; for the fif
teenth, 60. Total for the utmost term of fifteen years, 425. How fees ART. 14.One half of the tax due for the whole term of the
patent, is to be paid (as in Art. 3,) upon the first application for the same, and the remaining half is to be discharged according tư
the directions in Art. 3, at the commencement of each year, under penalty of forfeiture.
Art. 15. For the purpose of facilitating the mode of obtaining Prolongation patents for the introduction of inventions by way of trial, it is left of patents, and
fees to be paid to the choice of such as have obtained patents, for any term under the couch fifteen years, to demand, before the expiration of the said term, a prolongation to the full extent of fifteen years, on condition that he pays one half of the tax due for the number of years thus pro
longed, immediately on obtaining the prolongation, and the remain• ing half according to the rate at the beginning of each year, under penalty of cancelling the prolongation.
ART. 16.-No tax once paid is ever refunded, neither will any No tax refund. reclamations for the restitution of the same be admitted, though ed
8“ refused or the patent may, from ulterior circumstances, be subsequently can- nulled. celled, unless the government should think proper to annul or. refuse the patent, in which case the tax will be refunded.
Art. 17.—The patentee, besides the above tax, will have to pay Stamp and a fee of three florins for each patent, together with the cost of the ex proper stamp, as also the fees for the examination, whether the object be pernicious or not.
Expiration of Patents. . .. . Art. 18.—The maximum extent of term for a patent is fifteen Patents grantyears. The granting of a longer term is reserved to us, and can-ed for fifteen not, but in extraordinary cases, be demanded on the report of the yea provincial authorities.
Art. 19.-The term of a patent begins from the date of the When valid patent; but its power, relative to the punishment of infringers, against in
fringers. does not commence until the day of its advertisement in the public journals.
ART. 20.-The power of the patent extends to all parts of the Extent of empire where the present ordinance is in force.
cd. ART. 21.-The patent becomes void · If the description, or statement of the invention for which the May be an. patent has been demanded, is found to be deficient in one or more nulled for de
fective qualifications, as required in Art. 3.
description. If it should be legally proved that the invention or improvement If not new previously to the day and hour of the deposition could not be con-or lawful sidered as a new one in this empire, according to the limits given Owner, if an in Art. 25, D. or that the invention has only been imported from a foreign country, and that the importer is not the lawful owner of the foreign patent or his assign.
- SECTION V.
Of the Enrolment of Patents. Where regis- ART. 22.–For the purpose of enabling such persons as desire tered, and for to apply for a patent to obtain information concerning patents what purpose. already granted, for their own satisfaction and security, a registry
of the patents demanded is kept in the offices of all the provincial governments, in which are to be entered all the patents as they are granted, the names of the patentees, their residence, the date of the official certificates, and of the patent: also the term for which it is granted. On this registry a special column is to be reserved for observations. The general registry is kept at the department
of the Minister of Commerce. Alienation of ART. 23. A notice in due form of any alienation whatever of a patent must patent must be transmitted to the Provincial Governments respec
If patent is. Art. 24.-If the patent should be worked under any other name worked under than that of the patentee, such name is always to be notified to another name, the must be
ne, the proper officer, who will inscribe it in the registry, by the side registered. of the name adopted.
so' - Penalties and Proceedings in Case of Dispute.
Art. 25.-The patent being founded on the specification of the invention given in by the patentee, it is by the specification alone
that the invention can be judged in the event of contestation. How patents. Art. 26.-The questions of patents being cancelled from their are cancelled. being prejudicial to the public, from not having been put into
activity, or from the patentee having encroached on other patents, will be judged of by the civil authorities, with the reserve of an
" appeal to the superior courts within the term prescribed by law. Patent law Art. 27.-All cases of trespass or infringement; the application
s before of legal penalties; damages for injury sustained ; contentions for whom, and how tried. lied. the lawful possession of patents, whether arising from priority of
invention or any other title, all will be pleaded before the regular judges in the regular courts, and in the usual form of proceeding in differences touching the novelty of an invention already known before the issuing of the patent, as well as touching the question whether it had been imported from a foreign country without being suitable for being patented, according to Art. 2. As the judgment does not regard and interest two patentees, it comes under the
jurisdiction of the political authorities, as in Art. 26. Cause must be ART. 28. It is the judge residing where an infringement takes brought before
place, or is supposed to take place, to whom the patentee must judge of the refer in the event of his demanding that an injunction may issue. W
may issue, which inIf the specification be in conformity with Art. 8, and kept from fringement is public inspection, the infringer, for the first offence, subjects him-made. self only to an injunction ; but in the other case, when the specifi- What penal. cation has been open to the public, and reiterated trespass on his a
Sed for infringe- patent right has taken place, the patentee is entitled to claim imme- ments, and to diate confiscation of the imitated objects, either at the place of what extent residence of the infringer himself, or at that of any one else where injunction unl they should be found, even when imported from a foreign country,
confiscation and the judge to whom he applies must maintain his rights according to law.
He must follow the rules of the law of procedure, and observe, as much as the analogy will allow, the dispositions and ordinances regarding prohibition and seizure. He will take care that unnecessary and irreparable damages be not inflicted on the defendant, and in all cases that the sequestration be confined to the objects
jects , . infringed.
Art. 29.--Infringements on patents, the description of which Penalty when has not been open to the public, as in. Art. 8, does not subject the patent has not offender to any penalty for the first offence, but only to an injunc-been made
ince, but only to an injunc- public. tion to abstain from such fabrication. On a repetition of the offence after such injunction, there shall be imposed a fine, which may be carried to the amount of 100 ducats, half to the profit of the patentee, and half for the poor. The products of the infringement shall be, besides, confiscated to the profit of the party injured, as in the i same case as patents exposed to public inspection, and punishable as such. .
ART. 30.- Are revoked from the date of the present law, the Revocation of law of 8th December, 1820; as also all and every subsequent act former laws. or regulation, but without prejudice to those rights legally acquired by such laws.
FRANÇOIS. * Vienna, 31st March, 1832.