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RELATING TO LETTERS PATENT.
Ordinance of 1st December, 1815.-No. 47.
As it is necessary to inform the public of the conditions established in order to obtain in the States of the Prussian Monarchy patents of invention for the exclusive enjoyment of an invention, whether new, considerably improved, or introduced from a foreign country, I hereby convey to the knowledge of the public, in pursuance of an Order of the Cabinet of the 27th September of this
year, thatPatents for Art. 1.-Every citizen or member of a commune may obtain invention. patents of invention. What a patent ART. 2.-Every thing newly invented, or brought to perfection, covers. or simply imported for the first time from a foreign country, may
become the object of a patent. To whom peti- ART. 3.—He who wishes to.obtain a patent of invention ought tion must be to make a request for the same to the provincial government, made, and how whisini
ow subjoining thereto an exact description of the invention, either in prepared.
writing, or by a model and designs, and as much as possible by these three means united ; and he must declare, if he desires to have the patent for the entire monarchy, or a part only of the king
dom, and for what space of time. : How examin The government will cause the request to be examined by com. ed and petent persons, and will make a report to the Minister of Finance, delivered.
who will examine anew the request of the petitioner, as well in respect to the request of a patent as to its extent and duration.He will thereupon deliver the patent, and look carefully to the
preservation of the models, designs, and descriptions. Term of ART. 4.–The shortest duration of a patent shall be for six months, patent. and the longest for fifteen years. Must make. Art. 5.-Every individual who shall have obtained a patent, public within must, at latest within six weeks, cause the object thereof to be six weeks, or announced in the public
announced in the public papers of the provinces for which the grant annul. led.
patent shall have been granted. In cases wherein this publication shall not have taken place within the delay above designated, the patent shall be held to be annulled.
ART. 6.--He who shall have obtained a patent must make use Must be put in
thin of it within six months, at latest, under the penalty of a nullifica- a
cao six months. tion thereof.
ART. 7.-In order to encourage industry, there shall be no duty of the duty to payable for a private patent. The sole expenses shall be the inci- be paid. dental ones, and of the stamp.
It is to be understood that he who shall have obtained a patent must pay the contributions prescribed by the law.
ART. 8.—When any one can prove that he has discovered, or Of rival brought to perfection, in the same manner, sooner, or at the same claimants. time, an object for which a patent has been granted to another, this patent cannot prevent the first in any manner from making. use of his discovery.
ART. 9.-He who shall consider himself aggrieved by any one, How prosein respect of his patent rights, must make complaint to the pro-ch
o grievances. vincial government under the jurisdiction of which the person of whom he has to complain may be domiciled, and the government will pronounce en dernier resort as to his complaint, with the reservation of an appeal to the Minister of Finance, and according to the mode prescribed below.
ART. 10.—He who shall be convicted of having occasioned any Of suits at law prejudice to the rights obtained by means of a patent, shall pay for
y ment. the expense occasioned by the inquiry; and the use and applica-" tion of the thing for which the patent shall have been granted, shall be prohibited to him during all the duration of the same; and it shall be notified to him, that in case of a repetition of the offence, he shall be punished by the confiscation of the machinery, materials, and objects manufactured, so that the objects confiscated shall be handed over to the person who shall have obtained the patent, to the end that he may apply them to his own use; and he shall have, besides, the privilege of bringing an action for damages against him who has invaded his rights. (Signed,)
Bulow. Paris, 14th October, 1815.
Confirmation (of the 29th June, 1843,) for giving effect to the law of
the 21st September, 1842, agreed upon between the Governments united under the Zollverein and Trade League, respecting the . granting of patents and privileges of invention.
The following uniform law has been agreed upon and deter-Law of Zollmined by the Governments of the Zollverein League, for the grant- Verein Trade ing of patents and privileges of invention, under the law of the
League. 21st September, 1842, to be in force during the continuance of the said League, and for the bringing about of a closer conformity with the provisions agreed upon by the Zollverein Governments, for the observance of general principles in the granting of patents and privileges of invention.
Each state to It is, however, reserved in general to each several State of the stant patents League, to act after its own judgment, as respects the granting of after their own Tovulations“ patents or privileges of invention, to be issued for new inventions
in arts and trade, whether they be native (patents for invention) or foreign (importation patents ;) and, also, to determine on and make all regulations respecting the same. The States parties thereto pledging themselves on the one hand, to set aside, as far as possible, all existing restrictions on commerce between the United States, arising out of similar privileges ; and on the other hand, to obtain an equality in the essential points in all the States of the League, in pursuance of the agreement made on their entering into the voluntary League, resolve to bring into operation the fol
lowing principles (general laws) respecting patents. Patents grant- ART. 1.-Patents shall only be granted for such objects as are ed only for essentially new and original. - Patents shall not be granted for novel inventions, and must
duet objects which, before the day of the issue thereof, have been be unknown. already carried out, become current, or in any manner been made in any manner public within the jurisdiction of the League. Patents shall espewhatever, to cially be refused for all inventions, which, in the periodical works the public.
of this' or any foreign country, be they written in German or in
any foreign language, have already been described, or exhibited ... by drawings, in such a way that competent persons may thereby
carry the same into effect. Each state de- It is left to each particular State to decide on the novelty and cides the nov- originality of the object, for which a patent is demanded. elty of the For an object, the acknowledged invention of a subject of one object. Patents of the Zollverein States, and already by the favour of such State granted in one protected by a patent, no patent shall be granted in any other state precludes State of the League, save to the inventor himself, or his attorney a patent being by power. got in any Other, except ART. 2.-Under the regulations expressed in Art. 1, a patent by the in- may be granted for the improvement of an object already made tentor. known, or of one already patented, provided the proposed alteraPatents for additional
* tion contains something new and original. In case, however, of a improvements. patent being granted for the improvement of an object already
patented, the original patent shall not thereby be prejudiced or annulled; still less shall the new patentee acquire thereby a right
to share in the use or profits of the originally patented object. mio. Art. 3.—The grant of a patent shall not hereafter give a right . i to Cannot import . The importation of objects similar to those for which the patent the same.
is granted. To prevent To forbid or prejudice the purchase and sale of the same; much fraudulent use less shall the patentee thereby acquire a right. of the same.
me. To forbid the use, or consumption, of similar objects, if such
are not procured from himself, or with his consent elsewhere, with the single exception of the case, i
When the objects in question are machines and instruments for manufacture, and the promotion or exercise of any trade, but not
when the objects in question are common articles of trade, employed Each state 10 and consumed by the public in general. ·
grant a paient
within its own ART. 4.-On that account it is left to the Government of each iurisdiction." State of the Zollverein to confer by the grant of a patent' on the for the exclupatentee within its own jurisdiction,
sive employ. The right to the exclusive transfer or carrying out of the object me
Joc new manufacin question.
tured maIn like manner is left to each separate Government of the Zoll-chine, &c., to verein the right to authorise, within its own jurisdiction, any the exclusion
of the rest. patentee exclusively employing
A new method of manufacture; or,
New machinery or instruments for the purpose of manufacture, to interdict to all such persons as shall not have acquired from him the right to employ the patented method, or shall not have obtained from him the patented object, the employment of such method, or the use of such object.
Art. 5.-In each State of the Zollverein the subjects of the Each state tu other States shall be treated in all respects as its own subjects, as regard patents well with regard to the granting of patents as the protection of the 18
A do to Puchon umojects. Patent rights thereby established. :
granted by The issuing of a patent in one State shall, however, in no wise one state may be a valid reason why a patent for the same object should not be be refused by refused in another State. The determination of the question, another. whether an object deserves a patent or not, is left to the free judgment of each separate State within the united territories of the Zollverein, according to the limitations and provisions by it found advisable; this judgment being in no way forestalled or anticipated by any previous determination of another State. The grant of a patent does not confer on the subject of any one of the States the right to the substantial establishment and exercise in another State, of the trade or profession to which the patented object belongs.
The right thereto must be specially acquired according to the constitutional laws of that State.
Art. 6.-If; after the grant of a patent, information is obtained May be anthat the claim of the inventor to novelty and originality is not well nunca por
want of nova founded, the said patent shall forthwith be annulled.
In case the patented object has been previously known only to known only private individuals, by whom the secret is kept, the patent, pro- by private vided there be no other and distinct circumstances brought forward individu for its nullification, shall remain in force; but so far as regards the above-mentioned persons it shall be without effect.
ART. 7.-The grant of a patent in any State of the Union with Must be pubthe general description of the object; the name and dwelling of lished in the the patentee, and also the term of the patent, shall be published
Woonou zette of the in the Gazettes appointed for official communications.
Union. · In like manner shall be published the extension of a patent, or the expiration of the same by the effluxion of the term for which it was originally granted..
Each Gov., of · Art. 8.—The united Governments of the Zollverein shall, at the Union an- the end of each year, respectively communicate to each other a nually to report lists of full and complete list of the patents granted during the course of patents grant- the same. ed respec- The above treaty, after having been ratified by all the contracttively by ing parties, is hereby published and declared. them. For the Minister of Foreign Affairs. (Signed,)
GR. V. ALVENSLEBEN. Berlin, 29th June, 1843.