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gulations relating to the industrial arts, manufactures, commerce, and agriculture; and under this head, the Laws relating to Patents for Inventions may be properly classed. The enactment, which we now lay before our readers, was passed and promulgated in 1817, in the kingdom of the Netherlands, and is the law under which patents or privileges are granted in both countries, at the present time; the two governments have, however, (since the separation) made many alterations in the administration of the law, although no direct legislative change has taken place in either country. In Belgium, the government appear to have adopted a system of rigour against the importation of foreign inventions, by raising up many difficulties, whilst Holland treats them with marked favor. For instance, in Belgium, the government will, on no account, grant a patent for a foreign invention, for a longer term than five years; but they reserve to themselves the liberty of prolonging the privilege, if, at the expiration of this term, it should appear desirable. In Holland, however, an inventor may obtain a patent for five, ten, or fifteen years, either of which terms he may express in his petition; and if he obtain a patent for a short term, he may, as in Belgium, by memorializing the government, obtain a prolongation. Again, in Belgium the patent is issued without payment of the tax, which may remain unpaid for two years; at the end of which time, the patentee may either pay the amount, chargeable upon a five years patent, or allow the invention to become public property; but in Holland the tax must be paid before the patent is issued; in fact, the demand for a patent must be accompanied by a declaration, duly witnessed, whereby the applicant binds himself to pay the amount of the tax, and release the patent within three months; without this document, no notice whatever will be taken of the petition. This regulation the Dutch Government have found it necessary strictly to enforce, in consequence of the number of applications that were made for patents, and were not further attended to by the parties applying.* A copy of the order in council, referring to this subject, is subjoined to the law.

We must beg to direct particular attention to this fact, as a contrary statement has been, by interested parties, very industriously circulated among inventors, which is calculated to deprive them of their rights; for every application that is made to the Dutch Government, without the document, binding the petitioner to pay the tax, is for a short time laid aside, and if the tax be not then paid, the invention is thrown open to the public.

Law of the 25th of January, 1817, relative to the Granting of Exclusive Rights for Inventions or Improvements in the Arts and Sciences.

WE, WILLIAM, by the Grace of God, KING OF THE NETHERLANDS, PRINCE OF ORANGE NASSAU, GRAND DUKE OF Luxemburg,

&c. &c.

To all to whom these presents shall come, greeting, be it known,

Having taken it into consideration that it is to public interest to establish general regulations for the granting of exclusive rights for inventions or improvements in the arts and sciences.—

Accordingly, having heard our learned Council of State, in common with the general states, we have enacted, as by these presents we do enact :

ART. 1. That exclusive rights may be granted by us for a limited time, by letters patent, under the title of patents for invention, (upon petition being made,) to those in the kingdom, who have discovered an invention or made an essential improvement in any branch of the arts or sciences; as also to those who shall first introduce, or carry into execution in the kingdom, an invention or improvement made abroad.

ART. 2. The granting of patents for inventions will be without prejudice to the acquired right of a third person, and will be null, if it be proved that the invention or improvement, for which any person may have had a patent, has been employed, put into practice, or exercised by another in the kingdom, before the obtaining of the patent.

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ART. 3. Patents for inventions will be granted for the space five, ten, or fifteen years. The duties to be paid by the patentee, will be proportioned to the duration of the patent, and the importance of the invention or improvement; but never exceeding 750 florins, nor less than 150.

ART. 4. A patent for an invention, granted for the space of five or ten years, may also be prolonged at the expiration of that term, should any good reasons exist for consenting to the petition made to this effect; but the whole duration must never exceed the term of fifteen years.

ART. 5. Patents for the introduction or the application of inventions or improvements, made in foreign countries, in which their authors may have a patent, shall not be granted for any longer space of time than the duration of the exclusive right granted in the foreign country, for these objects, and shall contain an express clause that the objects mentioned, shall be manufactured in this kingdom.

VOL. XXII.

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ART. 6. The patents for inventions shall secure to their possessors, or those in possession of the right, the privilege,-1st: Of working and selling exclusively throughout the whole of the kingdom, during the time fixed for the duration of the patent, the objects therein mentioned, or of causing them to be worked or sold by any others, authorized by the patentee.-2nd: Of bringing an action against any one who should infringe upon the exclusive right granted to them, in order to obtain the confiscation to the patentee, of any articles which may have been manufactured and not yet sold, and the profit of those already disposed of, and also the right of bringing an action for damages and costs.

ART. 7. A person presenting a petition for the purpose of obtaining a patent, must annex thereto a sealed description, signed by himself, setting forth correctly, and in detail, the invention or discovery for which the patent is demanded, accompanied by the necessary plans and drawings, &c.; this description will be published at the expiration of the term for which the patent is granted, whether it be an original or extended patent; or sooner, in case it should be declared null and void, for any of the reasons hereafter mentioned.

The government may, nevertheless, defer this publication, if deemed advisable.

ART. 8. A patent for an invention shall be declared void for the following causes :

1st: When the patentee, in the description annexed to his petition, shall have maliciously omitted to make any mention of any part of his secret, or shall not have shewn it perspicuously.—2nd: Should it appear that the object for which a patent has been granted, was, previously to the date of the grant, described in any printed and published work.-3rd: When the patentee, for the space of two years, reckoning from the date of his patent, has made no use of it, without having reasons, which the government shall deem sufficient. -4th: If any one who shall have obtained a patent in this country, should afterwards obtain one for the same invention in a foreign country.-5th: If it should appear that the invention for which a patent may have been granted, was, by its nature, or in its application, dangerous for the safety of the kingdom or of its inhabitants.

ART. 9. A separate account shall be kept of the fees paid by those obtaining patents, and the produce thereof shall be employed in premiums or rewards for the encouragement of the arts and sciences.

ART. 10. Be it enacted, by these presents, that the existing rules and regulations for patents for inventions, and other similar exclusive rights, be abrogated and made of none effect; it being understood, nevertheless, that those to whom patents have been

delivered and granted, up to this time, shall maintain the enjoyment of all their rights and privileges.

We desire and order that the present law be inserted in the official journal, and that our Ministers and other authorities, whom it concerns, punctually attend to its fulfilment.

Given at Brussels, the 25th of January, 1817, in the Fourth Year of our Reign.

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Regulation concerning the Administration of the Law passed the 25th of January, 1817, and also the Granting of Patents for Inventions, Importations, and Improvements.

ART. 1. Any one wishing to obtain a patent for an invention, importation, or improvement, must deliver to the Registrar of State of his province, a petition addressed to the King, containing the general object of his request, his christian and surname, and dwelling place; also the term for which he desires to obtain a patent, and the term for which the same object may have been already patented abroad. To which also must be added, under seal, an exact detailed description of the invention or discovery, for which the patent is solicited, accompanied by the necessary plans and designs, conformably to Art. 7, of the law of January 25th, 1817.

ART. 2. The Registrar of State of the province will make a memorandum on the back of the parcel, or paper, of the date when the petition and description of the invention, were deposited, which shall be signed by himself and the petitioner, to whom a duplicate will be delivered.

ART. 3. The Governor will, immediately, and at the latest within ten days from the time in which the deposit was made, address to the Commissary-General of Instruction and of the Arts and Sciences, all the petitions for a patent for an invention, importation, improvement, &c.

ART. 4. The Commissary-General will present to the King the petition for a patent for an invention, improvement, importation, &c., accompanied by his own report; and when such report shall be favorable to the granting of the patent, he will annex thereto the brevet for affixing the Sign Manual.

ART. 5. When the King shall think fit to reject the petition, or to refer it either to the Royal Institution of the Netherlands, or to the Royal Academy of Science and Literature, at Brussels, due notice will be given of it to the petitioner.

ART. 6. The brevet shall contain the description of the inverttion, and shall point out the privileges afforded to the patentee, in conformity with Art. 6 of the law of the 25th of January, 1817, and shall mention, expressly, that the government, in granting the patent, guarantees for nothing, either as to the priority or the merit of the invention; reserving the privilege of declaring it void for any one of the causes indicated in Art. 8 of the law. The patent for importation for an object already patented abroad, shall contain, moreover, an express mention that the government does not guarantee the truth of the assertion made by the petitioner upon the duration of the patent granted in a foreign country. It shall contain also the clause prescribed by Art. 5 of the law, that the objects mentioned shall be manufactured in the kingdom.

ART. 7. Any one wishing to obtain a prolongation of a patent, of five or ten years, (Art. 4,) must make the request to the Commissary-General of Instruction, and of the Arts and Sciences, who will make his report to the King. These prolongations will also be signed by the King.

ART. 8. Every proprietor of a patent, who, by any new discoveries, may have perfected that for which a patent has already been obtained, may obtain either for the duration of the first patent only, or for one of the terms fixed by Art. 3 of the law of the 25th of January, a new patent for employing these new means or methods.

ART. 9. In order to obtain this patent, the same formality must be gone through as for the others. With respect to the duties to be paid in this instance, they will be regulated in proportion to the length of time for which the new patent may be granted, and also according to the importance of the proposed improvement.

ART. 10. Any person making an improvement upon an invention already patented, may obtain a patent for the sole use and exercise of the said improvement, without being allowed, under any pretext, to make use of the principal or original invention, so long as the patent granted for the same shall remain in force and unexpired; and on the other hand, the original inventor shall not be allowed to make use of the improvement.. Neither change of form, or of proportions, nor any kind of ornaments, will be classed amongst improvements.

ART. 11. Patentees wishing to assign either the whole or part of their rights, shall be bound to obtain, previously, the authority of the King. They must, under penalty of forfeiture, cause this assignment to be enrolled with the Registrar of their province, where a certificate will be drawn up, which shall be immediately transmitted to the Commissary-General of Instruction of Arts and

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