Patents of im

portation granted.

When patents have been previously ob

tained of other states.

Foreign patents to be

limited to their original time.

Novelty not guaranteed,

and what unllifies a patent.

Of patents of

If the object itself be new and original, or the alteration exhibited comprehends something new and original, and if the said alteration therein

Be of such consequence that the invention or improvement promises to be of general utility.

ART. 2.-Patents for the introduction of a discovery, invention, or improvement, made in any foreign country, are granted,

If the general requisites, indicated in Art. 1, letter a, exist; and if, likewise,

The object to be introduced is already protected by a patent such foreign country.

ART. 3.-For an object which is recognized as the invention of a subject or subjects of some other of the Zollverein States, and for which, by virtue of the same, a patent has already been obtained, a patent shall be granted only to the inventor himself, or his attorney by power, inasmuch as reciprocity is observed by the respective countries.

ART. 4.-No importation patent shall be granted for a longer term than that for which the original patent, by which the invention is protected in a foreign country, has to run, without prejudice, however, to the general regulations of the law of 11th September, 1825, respecting the longest term for which a patent may be granted.

ART. 5.-The granting of a patent is not to be considered consequent on a preceding official examination of the novelty and originality of the alleged invention or improvement (does not in fact guarantee either the one or the other,) but the petitioner remains responsible for the correctness of his representations.

If it should afterwards appear that the patent object is not new and original, or that (saving the cases under Art. 2, letter b) the same has been already brought out, published, or in any other way made known, or that it has been already set forth in any periodical of this or any foreign country, be it written in German, or a foreign language, by the aid of descriptions or drawings, so that such improvement can by competent persons be carried into effect, then the patent that has been granted shall be void, and any loss or damage thence arising must be borne by the patentee.

ART. 6.-The subjects of any other State of the Zollverein, the Zollverein, where reciprocal relations exist, shall enjoy, as far as regards the and rights delivery of patents, and the protection of the rights consequent reserved. thereon, the same facilities as our own subjects.

To whom de

Nevertheless, the possession of a patent in any other of the Zollverein States shall not give its possessor any right to an importation patent for the same object in Bavaria. On the contrary, we reserve the granting of such patents for our own consideration from time to time.

ART. 7.-Any person desirous to obtain a patent must present mand must be his petition thereon, either directly or indirectly, to our Minister addressed. of the Home Department.

The petition must recount in an exact, distinct, and complete

manner,

1. The Christian name and surname, the profession, dwelling, and legal domicile of the petitioner.

2. The general distinguishing features of the discovery or improvement in its most essential bearings.

3. If anexclusive right be demanded, for the manufacture, or exportation of the new object therein-mentioned, or, for the application of new machinery or mechanism; or, lastly, for the application of a new mode of manufacture.

4. The number of years for which such patent is demanded.

ART. 8. The petition must always be accompanied by a detailed, Must be in true, and complete description, in the German language, whether German, and original or translated, of the invention or improvement, and of the accompanied method to be observed with reference to the use thereof.

with draw

ings, models,

Where it shall be necessary for the understanding thereof, exact &c. and neatly-executed designs, drawings, models, or patterns, must be annexed.

ART. 9. In the description and arrangement, must be defined Claims partiand set forth with the utmost precision those parts of the manu-cularly set forth. facture, material, or the process of manufacture, which are claimed as new and original.

ART. 10. The description may be annexed to the petition either Description sealed or not, as may seem good to the petitioner. The opening sealed or not and examining of petitions always take place in an official manner at petitioner's. before the granting of the patent. Nevertheless, especial care is taken to avoid premature publication.

option.

ART. 11.-If an importation patent be applied for, then either Of patents of the original patent granted in the foreign country, or a copy thereof, importation. authenticated in due form, must accompany the petition.

ART. 12.-On the deposit of the petition and the accompanying Precise day specification, the precise day and hour of such deposit shall be and hour noted thereon by the proper authorities.

The petitioner shall likewise obtain from the proper authorities, to whom he has presented his petition, a certificate, which, in case of necessity, shall serve as an attestation of his priority of right.

noted, and certificate given.

side, or return

ART. 13.-Petitions which either do not contain the essential If defective, particulars mentioned in Sect. 7, or which do not contain a general will be put one description of the object for which a patent is required, will be put ed, without on one side, and will not establish for the petitioner any right of priority.

If the accompanying description, on the inspection of its con tents, be found defective, it will be returned to the petitioner for completion within a limited period; without prejudice, however, to any existing right of priority in the petitioner.

prejudice for conviction.

ART. 14.-If petitions for patents be deposited with subordinate Of subordinate authorities, or any intermediate parties, such parties must forward authorities, with respect the same with a notification of the day and hour of its delivery to to petitions. the Home Department.

When an ap

They are answerable, also, for every neglect, as well as for any damage done to the seal of the sealed description by their subordinate officers.

ART. 15.-The grant of a patent demanded for any invention or plication is importation, in conformity with the foregoing instructions, shall only be refused when, before such grant is issued, it shall appear

refused.

What the letders patent

1. That the preparation of the new fabric, or the application of the new manufacturing material, or of the new process of manufacture, be inadmissible on the score of public health and safety, or dangerous to the commonweal, or contrary to the existing laws and ordinances.

2. That the object for which a patent is demanded be not new and original. Sect. 5.

3. That the regulations of Art. 3, do not oppose the grant thereof.

4. That a patent for the same object has not been before granted by us.

ART. 16.-On the granting of every patent an act will be delivered, in which shall be fully and correctly inserted the name of the shall contain, petitioner, the object of the patent, and the exclusive right thereby conceded, with the number of years for which the same has been granted.

and when

delivered.

Of the term of grant.

Publication of lists.

Patent tax.

The delivery of this act shall take place only upon the payment of the amount of the Government charges.

ART. 17.-No patent shall be granted for a longer term than fifteen years. If the same has been originally granted for a shorter term, before the expiration of that term a prolongation of it, till the completion of the longest allowed term of fifteen years, may be applied for and obtained.

ART. 18.-Every grant of a patent, as well as every prolongation thereof, shall be made public by insertion in the Gazette, with the public designation of the object of the patent, the name and domicile of the patentee, as well as the term of duration or prolongation of such patent.

ART. 19. The Government charges for patents shall be, for each of the first five years of the whole term, five florins; and for each of the following five years, ten florins, thus

The charges for a patent are as follows:-A patent of one year, five florins; two years, ten florins; three years, fifteen florins; four years, twenty florins; five years, twenty-five florins; six years, thirty-five florins; seven years, forty-five florins; eight years, fiftyfive florins; nine years, sixty-five florins; ten years, seventy-five florins.

From the tenth to the fifteenth year this tax is augmented in the following progression A patent of eleven years, ninety-five florins; twelve years, one hundred and twenty-five florins; thirteen years, one hundred and sixty-five florins; fourteen years, two hundred and five florins; fifteen years, two hundred and seventy-five florins.

ART. 20.-If a patent granted for a short time be prolonged only, When prothe charges for its prolongation are to be paid; these, neverthe- longed. less, are to be calculated according to the progressively increasing scale of the ensuing years.

ART. 21. The tax shall be paid at the office of the Provincial Where tax to Government through which the delivery of the patent deed takes be paid. place. The collector has to remit the amount thus paid every quarter to the Patent-Fund Office.

patent.

ART. 22.-A patent, according to the contents of the Act there- What is grantwith delivered, save as excepted in the following Arts., gives the ed in the patentee the exclusive right of manufacturing, exporting, or employing, his invention, provided that no party has acquired such right from the patentee himself.

of

ART. 23.-A patent granted for the exclusive use or exportation What rights any invention does not confer the right

To prevent or limit the importation of objects of a similar kind to those patented;

To prevent the sale or disposal of the same;

Or to interdict the use or consumption of similar objects not obtained from the patentee, or with his consent elsewhere furnished, saving the following regulations:

ART. 24.-Patents for exclusive use

Of a new process of manufacture, or new fabric.

are not conferred.

What is interdicted by the

Of new machines or instruments for the improvement of trade patent.

or manufacture, give, without any limitation, the right to interdict

to any third party, who has not procured such from the patentee

himself, the use or employment of the patented invention.

ART. 25. Whoever shall procure a patent for the improvement of patents of of an already patented invention, does not thereby acquire the improvement. right to prejudice the patentee of the original invention, but he

may make an arrangement with the original patentee to use the

ART. 26.-Every holder of a patent is entitled to the full exer- Of manufac cise of the privileges acquired by virtue of his patent, and may, ture and sale regard being had to the existing laws, ordinances, and police regulations, establish an unlimited number of factories, and employ as many workmen as he shall think proper.

Nevertheless, he does not by that patent acquire an individual right to the actual exercise of the trade or calling to which the patented object appertains, but he has only the right thereto subject to the existing laws and ordinances specially thereupon laid

down.

Nor does a patent confer on the patentee a legal title to be natu-ralized, or contract marriage.

ART. 27. The patentee may, in conformity with the existing of transfers, laws and ordinances, dispose of, or give up his interest in the records, &c. patent.

A notification must be made of each transfer to the Minister of the Interior, within three months from the date of such transfer.

To obtain address for in

In case of the patentee's death, the patent devolves upon his heirs.

ART. 28.-Every protection will be forthwith afforded by the magistrates in conformity with the law of Sept. 25, in case of any fringement. infringement of the patent, or any usurpation of the rights thereby acquired, at the request of the injured party, who also retains unimpared his right to compensation for any encroachment upon his patent.

If conflicting parties solicit.

When annulled.

Void patents must be reported to the Home Depart

ment.

The King's prerogative.

Before what

suits and other

ART. 29.-If two or more parties should claim the exclusive right to an invention or improvement, the preference shall be given to him or them who shall have obtained the priority in the manner

before indicated.

ART. 30.-Patents are void

1. When, after the grant of the same, circumstances become known, which, if previously known, would have authorised its refusal under the provisions of Art. 15, Nos. 1, 3, 4.

2. If the provisions of Art. 5 (2) are neglected; but if the invention had been already known to some private parties, and there are no other grounds for annulling the patent, it shall remain in force except with regard to the above-named parties.

3. If it should appear that any essential part of the description on which the invention, improvement, or application depends, has been kept back or misrepresented.

4. When the patentee has not made use of his patent within three years; or, if it be granted for less than six years, within the first half of that term; or when the holder of an importation patent has not made use of it before the expiration of one year.

5. When the execution thereof shall have remained suspended during two complete years.

6. When the patent by which the object is protected in a foreign country (Art. 2, b) shall have expired.

7. By renunciation.

8. When, on a transfer, the prescribed notification shall not have been made within three months at the Home Department. 9. When the term for which the patent was granted shall have expired.

ART. 31.—If a patent be void for any of the causes indicated in Art. 30, 1-8, after an examination of the reasons for its nullification, the same shall be declared by the competent authorities; and as soon as its extinction has been legally effected, communication thereof must be made to the Home Department, which is charged with the publication of the same in the Gazette.

ART. 32.-The granting of a patent is the exclusive prerogative of the King.

ART. 33.-The competent authorities to whom shall be referred authorities all all disputes concerning patents, whether for manufacture, applicanovelties shall tion, or execution, and all relating to the extension or nullification be brought. of patents, and all differences or questions which may arise between patentees and other parties, are the respective Directors-General of Police.