Each state to

grant patents after their own regulations.

Patents granted only for novel inven

tions, and must

be unknown,

It is, however, reserved in general to each several State of the League, to act after its own judgment, as respects the granting of 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 following principles (general laws) respecting patents.

ART. 1.-Patents shall only be granted for such objects as are essentially new and original. Patents shall not be granted for objects which, before the day of the issue thereof, have been 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 decides the novelty of the object. Patents

It is left to each particular State to decide on the novelty and originality of the object, for which a patent is demanded.

For an object, the acknowledged invention of a subject of one 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

by the in

ventor.

Patents for additional

other, except ART. 2.-Under the regulations expressed in Art. 1, a patent may be granted for the improvement of an object already made known, or of one already patented, provided the proposed alteration 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. ART. 3.-The grant of a patent shall not hereafter give a right

Cannot import

the same.

To prevent

to

The importation of objects similar to those for which the patent is granted.

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.

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,

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 and consumed by the public in general.

ÁRT. 4.-On that account it is left to the Government of each State of the Zollverein to confer by the grant of a patent on the patentee within its own jurisdiction,

The right to the exclusive transfer or carrying out of the object in question.

Each state to grant a patent within its own jurisdiction, for the exclusive employment of any new manufactured ma

In like manner is left to each separate Government of the Zoll- chine, &c., to verein the right to authorise, within its own jurisdiction, any 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.

the exclusion of the rest.

another.

ART. 5.—In each State of the Zollverein the subjects of the Each state to 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 as distinct subjects. 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, 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 nulled for founded, the said patent shall forthwith be annulled.

want of novelty-good, if 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 individuals vided there be no other and distinct circumstances brought forward 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 zette of the in the Gazettes appointed for official communications.

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.

Official Ga

Union.

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 full and complete list of the patents granted during the course of the same."

nually to report lists of patents granted respectively by them.

The above treaty, after having been ratified by all the contracting parties, is hereby published and declared.

For the Minister of Foreign Affairs.

(Signed,)

Berlin, 29th June, 1843.

GR. V. ALVENSLEBEN.

RUSSIAN STATUTES

RELATING TO LETTERS PATENT.

By the grace of God, we, Alexander the 1st, Emperor and Autocrat of all the Russias, &c. &c.

Regard being had to the petitions which have been presented to us, relative to the privileges accorded for different inventions and discoveries in arts and manufactures, and desirous of establishing a permanent order which may reconcile the interests of individuals with the emulation of the inventors and the public advantage.

After having heard the opinion of the Council of the Empire,
We have judged it right to decree as follows:-

I.-Of the Purport of Privileges for Inventions and Discoveries.

ART. 1.—The privilege accorded for inventions and discoveries Privilege in arts and manufactures, is a certificate, which states that the set forth in a invention therein-mentioned has been in due time presented to certificate. the government as the property of the person named in the said privilege.

ART. 2.-In granting such a privilege, the government does not Does not warwarrant that the invention or the discovery belongs in fact to the rant the person who makes the application, but certifies only the peculiari- invention. ties of the invention or discovery at the time of its presentation.

ART. 3. The privilege conceded by the government does not Patentee can take from any one the right to prove, according to law, that the be made to invention or the discovery therein-mentioned does not belong to prove ownership the person who has presented it as his own.

ART. 4.-But until this proper ownership has been legally brought What is securin question, the person who has obtained the privilege has claims ed to the to the following rights :

1

1. He may, during the time specified by the privilege, avail himself of the invention or discovery as an unalterable and exclusive property.

2. Introduce this discovery or invention, employ it himself, or

patentee by the above grant.

Covenants

sell it to others, as well as make over or transfer the privilege itself.

3. To prosecute before the tribunals every infringer, and recover from him an indemnity for all losses which he may have sustained.

4. Every production, exactly like in all its parts to the invention or discovery, shall be esteemed an infringement, even when some modifications, of little importance, and foreign to the essential parts. thereof, shall have been introduced into it.

ART. 5.-At the same time the person who desires a privilege made by shall be bound, patentee.

To whom petition must be made.

Petition presented to

1. To present to the government an exact description of his invention or discovery, with all the essential details; the way of using it, its manipulation, with the plans and designs which belong to it, without concealing any thing which may have relation to its effective execution.

2. To pay the charge fixed for the privilege.

ART. 6.-There shall be no privilege granted for the discoveries, of which the exact and detailed description above-mentioned shall not have been given.

ART. 7.-In like manner there shall be no privilege granted for those objects which are neither of advantage for the state or to individuals, and which may have an injurious tendency to either. ART. 8.-Privileges may be granted for inventions and discoveries made in foreign parts, but of which the detailed description has not been published, and of which the use has not been introduced into Russia.

ART. 9.-Privileges granted for the like introductions and applications have the same force as those conceded for inventions made in Russia, so long as it shall not be proved that the object invented had been introduced into Russia before the privilege, and been put in practice there, or that during the time when the petition was presented to demand the privilege, this invention had been described in the public papers or in books, so that the object might be perfected and put to work without the new description.

II.-Order to Pursue in Granting the Privileges.

ART. 10.-The person who desires to obtain a privilege ought to present a petition to the Minister, annexing thereto the description mentioned in the 5th Art., which ought to specify the advantage to be derived from this invention or discovery.

ART. 11.-The Minister of the Interior, after having examined the petition in the Council of his Ministry, and after being conCouncil of the vinced that the invention or discovery may really be of some utility, Empire. presents in that case only his opinion to the Council of the Empire.

Examination

ART. 12. Whilst examining the petition presented for the pur