Annual Report of the Commissioner of Patents

proved. Imprisonment is also inflicted on any one who obtains information, &c., from a workman employed by the patentee. Confiscation and forfeiture, &c., of all articles condemned as infringements, tools, apparatus, &c., may be pronounced for the benefit of the patentee, &c.

AUSTRIA.

er.) Half the see is paid at the application, and the other half at the be."

ginning of every successive year, according to the number of years, &c. Any one who has taken out a patent for less than 15 years may, before. the expiration of the term of his patent, obtain an extension even up to 15 years in all, by paying, according to the above rate, half of the whole on the grant of extension, and the other half at the beginning of every year; on failure of which, any year, the patent to be forfeited. No part of the fee is returned, though the patent may become null and void, unless. the State annuls the patent for public reasons. - Three guilders is the office fee for every copy of the original patent. There is also a fee to be paid (not specified) for affixing the seal, and also a fee (not specified) for examination concerning the hurtfulness, or the contrary, of the article to be patented. These are all the fees required of the patentee; and copies of the patent are afterwards made, as well as every other decree of privilege, officially, without payment. The longest term allowed for a patent (except by special grant) is 15 years. Special grants must be specially applied for. The patent takes: effect from the date of its delivery ; but the penalty of infringement takes effect from the date of the publication of the patent in the public journals. The extent of the patent (as to domain) is to all the Austrian States, where it is legally published. The patent is vitiated whenever defective in accurate description ; when proved to be wanting in novelty; at home, or, if of foreign invention, unpatented or beyond the term of the foreign patent; when it interferes with a former one; when the patentee, within a year from its completion, does not begin to put the invention, &c., to use; when he intermits the use of it at any time of its term for a whole year without showing sufficient cause ; when the second half of the patent fee is not paid as prescribed, and at the expiration of the term.

allowed. Patents, as above mentioned, are recorded. They may be assigned ; in

which case certified notice of the fact must be sent to the provincial register, who notes and confirms it on the outside of the patent, the change of ownership, and then gives the information to the office, under direction of the Minister of Commerce, to have it also noted in the principal registry.

In case a patent is used under power of attorney, the true name of the

owner also must be given, and the name of the attorney, with that of the owner, be placed on the register. * ... . In respect to interferences, &c., any re-invention, re-discovery, &c., of . thing or mode of this kind, but which has been lost, is regarded as a *scovery. - - -

o o new article with a new method, or a method already known, or any already known article with different methods from those already used, is an invention. Any addition to an already known or patented combination, method, or process, is an improvement or alteration. Any discovery, invention, &c., is new, if not before known by use or description at home, or in a printed book, &c. To invalidate a claim, however, the description

must be accurate and clear, so that any one skilled in the art could from:

it construct or make the machine, &c., for which a patent is desired. The question of the forfeiture or nullity of a patent is to be decided by the regular tribunals, with the privilege of appeal to a higher tribunal. infringements, penalties, &c., are to be settled according to the laws

and regulations prescribed by the usual judges. Injunctions may be:

AUSTRIA.

By the law of Austria “no patents can be granted for the preparation of the means of food or drink, or medicine.” Inventions and improvements from abroad are confined to those which are already patented abroad, and to the term of the foreign patent, and can in no case, except by special grant, exceed 15 years. - - The applicant for a patent must forward to the office of the circle where he belongs his petition and specification, and, when needed for illustration, drawings and models. - Forms of the papers required are furnished in the published law. The specification must be in the German language, so drawn that any one skilled in the art can make the article invented, &c. What is claimed as new must be accurately defined. Nothing important must be concealed or added, &c. One-half of the fee, according to the number of years a patent is desired, must be paid on application. The priority of discovery, invention, &c., takes effect from the day and hour stated in the receipt of the office acknowledging the application for a patent, &c. Within three days after its reception the papers are to be sent to the registry office of the province, (Landstelle,) where the question is decided whether the invention, discovery, &c., will be of no public injury or against the laws of the land, and also whether it has been assigned, &c. It is either rejected or issued, according to the state of the case, and in the prescribed form delivered to onto, and so published in the journals of the district where he ToSloles. In case the register office rejects the application, he may appeal to the imperial exchequer. The specification (unless the applicant requests it to be kept secret) is to be recorded as prescribed, and be open to any one's inspection. But if the applicant requests it to be kept secret, it shall be so during the continuance of the patent, and shall only be opened in cases which concern the state of health, and an accurate investigation is demanded by the medical faculty. In case the secret or sealed-up descriptions are contrary to true policy, health, or the public interests of the realm, the #. of a patent is null and void. The patent protects the rights of the patentee or his assigns during the term of its continuance. It also anthorizes the erection of workshops, manufactories, and places for the sale of the article patented. The patentee may sell, assign, bequeath, lease, &c., his right, and also take out a patent in foreign countries. It extends only to the particular invention or improvement, but gives no right to use improvements on the articles patented, except by the consent of the owner. The fees are for every year it lasts:—for the first 5 years 10 guilders, convention money, each year, or 50 guilders in the whole; for the 6th year, 15 guilders ; for the 7th, 20 guilders, and so on increasing 5 guilders more each successive year, so that the 15th year is 60 guilders; or for the whole 15 years 425 guilders or florins, (about 45 cents for each guilder.) Half the see is paid at the application, and the other half at the beginning of every successive year, according to the number of years, &c. , Any one who has taken out a patent for less than 15 years may, before the expiration of the term of his patent, obtain an extension even up to 15 years in all, by paying, according to the above rate, half of the whole on the grant of extension, and the other half at the beginning of every year; on failure of which, any year, the patent to be forfeited. No part of the fee is returned, though the patent may become null and void, unless, the State annuls the patent for public reasons. Three guilders is the office fee for every copy of the original patent. There is also a fee to be paid (not specified) for affixing the seal, and also a fee (not specified) for examination concerning the hurtfulness, or the contrary, of the article to be patented. These are all the fees required of the patentee; and copies of the patent are afterwards made, as well as every other decree of privilege, officially, without payment. The longest term allowed for a patent (except by special grant) is 15 years. Special grants must be specially applied for. The patent takes: effect from the date of its delivery ; but the penalty of infringement takes effect from the date of the publication of the patent in the public journals. The extent of the patent (as to domain) is to all the Austrian States, where it is legally published. The patent is vitiated whenever defective in accurate description ; when proved to be wanting in novelty at home, or, if of foreign invention, unpatented or beyond the term of the foreign patent ; when it interferes with a former one; when the patentee, within a year from its completion, does not begin to put the invention, &c., to use; when he intermits the use of it at any time of its term for a whole year without showing sufficient cause ; when the second half of the patent fee is not paid as prescribed, and at the expiration of the term.

allowed.

Patents, as above mentioned, are recorded. They may be assigned ; in which case certified notice of the fact must be sent to the provincial register, who notes and confirms it on the outside of the patent, the change of ownership, and then gives the information to the office, under direction of the Minister of Commerce, to have it also noted in the principal registry. In case a patent is used under power of attorney, the true name of the owner also must be given, and the name of the attorney, with that of the owner, be placed on the register. * ... . ** In respect to interferences, &c., any re-invention, re-discovery, &c., of . thing or mode of this kind, but which has been lost, is regarded as a *scovery. ** . - Any new article with a new method, or a method already known, or any already known article with different methods from those already used, is an invention. Any addition to an already known or patented combination, method, or process, is an improvement or alteration. Any discovery, invention, &c., is new, if not before known by use or description at home, or in a printed book, &c. To invalidate a claim, however, the description must be accurate and clear, so that any one skilled in the art could from. it construct or make the machine, &c., for which a patent is desired. The question of the forfeiture or nullity of a patent is to be decided by the regular tribunals, with the privilege of appeal to a higher tribunal. oiafringements, penalties, &c., are to be settled according to the laws and regulations prescribed by the usual judges. Injunctions may be

* AUSTRIA.

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