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Can prosecute

ment.

exclusively within the Dutch West India Possessions, the objects of which the patent consists, for the whole duration thereof;

To prosecute such persons as may infringe the privileges of the for infringe- patentee, to the confiscation, to his benefit, of the manufactured 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.

If previously published.

If not put in activity in time.

If subsequent-
ly secured in
any other

country.
When factories

When it shall appear that the patentee has dishonestly withheld, or erroneously represented, any part of the description or drawing.

When it shall appear, that the object for which the patent is granted was published in any work before the patent was granted.

When it shall appear that the patentee has not made use of his patent within the space of two years from the date of the grant; 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.

When the possessor of a patent shall have obtained a patent in any other country, after having obtained one in the Dutch Colonies.

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 furnish 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 likewise to the interest of the government or of the inhabitants of the colony..

ment.

When a suc

cessor to the grant has

failed to com

ply with the

laws.

Patent to be

made public on their expiration.

Of transfers.

Registration of transfers.

When it shall appear that the patented invention or improvement, having become the property of another by transfer, succession, or inheritance, shall be carried out and worked by the successor, without having taken the measures indicated by Art. 16 and 17 for these cases.

ART. 21.-On the expiration of the term for which a patent may have been granted, or when it may have been declared void for any of the before-mentioned reasons, the Governor-General shall 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.

ART. 22.-The Governor-General shall, on each occasion of a transfer of a patent, give information of the same to the administration of the colony.

ART. 23.-A register shall be kept of the patents granted and

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, patent. it shall be published in the usual way in the Government paper.

Done at Paramaribo, 4th July, 1844.

B. I. ELIAS.

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:

For what object grants are made.

SECTION I.

Of the Object of Patents; their Refusal, and Mode of Application for the purpose of obtaining them.*

ART. 1.-All new discoveries, inventions, and improvements, national or foreign, within the whole range of industry, may obtain 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.

Patents of

For new inventions and improvements of foreign countries, which are desired to be imported into the Austrian states, a patent importation. may, (as far as such new invention's 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

nate with the foreign grant.

The importation into the Austrian states of an invention or an 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.

for so long as the same invention or improvement shall be patented in the foreign country.

How to peti

ART. 3.-Any person desirous of obtaining a patent for any invention 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- papers. 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.

fused for

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 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.

pers secret

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 keep his pakept secret,) shall be opened in the office, transcribed in the register, prescribed Art. 23, and be open to the public eye: but if the until term expatentee, 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.

When annulled.

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.

Rights of patentee.

Of factories,

SECTION II.

Of the Rights and Advantages connected with Patents.

ART. 9. The patent assures and guarantees to the patentee the 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.

ART. 10. The patentee is entitled to establish any workshops partnerships, or factories, to engage and employ all such work-people as he may assignments, 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 patentable. Rights of parties under such.

ART. 11.-Patents for improvements or alterations of any invention already patented, are exclusively confined to that individual improvement or alteration, and confer no right upon the patentee 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.

List of fees.

How fees paid.

SECTION III.

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.

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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.

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 to

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