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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. o 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 ther 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 *SCO of- :* *. - - Tow 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. osafringements, penalties, &c., are to be settled according to the laws and regulational prescribed by the usual judges. Injunctions may be: granted to restrain from use till the question is properly decided. In case 3f secrecy having been observed, the injunction shall only refer to the future illegal imitation or sale; but if the specification has been recorded and made public, then sequestrations, damages, &c., may be granted, due regard also being had to the rights of the persons complained of, according to the rules prescribed. In case of the invasion of a secret patent, for the first offence no penalty shall be granted; but in case of a repetition of the offence, and also the invasion of a recorded and published patent, the patent shall be one hundred specie ducats—one-half to the patentee, and the other half to the poor of the place—together with a confiscation of the articles imitated, for the benefit of the patentee. There is a general similarity in respect to many features of the other European patent laws to those of Austria. Especially this is the case with those of Bavaria, Saxony, Würtemberg, &c. In all, petitions, descriptions, &c., are required, and patents are granted for inventions introduced from abroad as well as those of domestic origin.

BAWARIA.

Patents are granted both for inventions, discoveries, &c., of domestic and foreign origin. The term is limited, at the highest, to fifteen years, except by special grant for a longer period; and in case of the introduction of a foreign patent, the time allowed is the term still remaining of the foreign patent. The description must clearly distinguish the invention or discovery, and, if necessary, be accompanied with drawings. The petition must contain the full name and place of residence of the applicant, the characteristic marks of the invention, &c., and the term of years for which a patent is requested. The description may be sealed or left open, at the option of the applicant, the inspection of the same to be made by the proper officers. ** On the file enclosing the petition and description are marked the day and hour of its presentation, which determines as to the priority. The fee is, for the first five years 5 florins per year; for the next five years 10 florins each; and from the tenth year 20, 30, and so increasing each successive year 10 florins, the fifteenth year being 60 florins; in the whole fifteen years, 275 florins. Provision is made for guarding the rights of the patentee for reissue in case of defects, for extension, and assignment of patents. In the case of the transfers of patent rights, notice must be given to the proper office. Patents are also recorded, and the fact of their being granted published in the government journal; and they take effect from the time of such publication. A patent is forfeited if its novelty or priority is disproved, and also if the payment be not made at the time appointed for each year. Infringments on the rights of patentees are punished by a fine of from 100 to 500 guilders, half to the patentee and half to the poor fund, and the articles made are confiscated for the benefit of the patentee.

o wijRTEMBERG. - * In the kingdom of Würtemberg the duration of the patent is limited to ten years, except by special grant. Patents are granted both for inventions, discoveries, &c., of domestic origin, and also for the introduction of foreign patented inventions, &c.

Except in cases of conflicting claims, for public reasons, public safety, &c., the specification is not made public without consent of the patentee. In the case of a domestic invention, however, it may be done in the last year of its term; and in the case of one introduced from abroad, after the first half term of the patent is expired.

The fee required yearly is from five to twenty guilders; half at the delivery of the patent, and the other half at the beginning of each successive year afterwards.

Provision is made for punishing the violations of patent rights on com

plaint of the patentee, and confiscation of the articles made, and the payment of the value of what has been already sold, &c., for the benefit of the patentee.

Punishment is also inflicted on the patentee in case that he has been

guilty of wilful and intentional deception in his specification, &c.

A patent is forfeited on neglect to pay the yearly tax required, if the patentee does not put his invention, &c., into use in two years after the delivery of the patent, or at any time in the term allowed a like non-use of two years, if it is found to conflict with the public welfare, or be not novel in its character.

SAXONY.

'The patent law of Saxony limits a patent to ten years as the highest term, but it may be granted for a shorter term, and extended at the further request of the patentee. A petition, specification, model, and drawings are required. Patents are likewise granted for the introduction of foreign patents. Particular provisions exist, also, with reference to the countries embraced in the Zoll Verein, on account of special treaties with the same. The fees are regulated by the greater or less importance of the patent requested ; in no case do they exceed one hundred dollars at the first execution of the patent. - o The matter is referred to the Minister of the Interior. (The above is all that we have been able to gather particularly respecting the laws of Saxony relating to patents. It is from the volume (in German) on the patent laws of various European kingdoms.)

PRUSSIA.

The patent law of Prussia allows patents for inventions, &c., of domestic origin, and also for the introduction of foreign patented articles.

o is to be made to the provincial government; a petition and specification, accurately defining the invention, &c., are required, accompanied with drawings, models, or examples, or all three if necessary; also specifying whether the privilege is requested for the whole or a particular part only of the kingdom, and for how long a period.

The provincial government orders an examination by qualified persons, and reports the result to the Minister of Finance, who may direct another examination or action on the basis of that of the provincial government, and decides as to the extent, duration, &c., of the patent to be granted, and directs g papers, drawings, and models to be carefully preserved. The shortest period allowed as the term of the patent is six months; the longest fifteen years. Within six weeks from the completion of his patent, the patentee must,

through the proper officers, publish the fact, and the places where he holds

the patent; and also refer to the description deposited, &c.

The patentee must also, within six months of the delivery of the patent, put it into use.

Besides the usual expenses of affixing the seal, (four dollars,) the perquisites (one dollar for each document,) and the cost of examination, (from one to ten dollars,) there are no official taxes for a patent except the expense of announcing it in all the official journals; which for a patent for the whole realm is about one hundred and thirty dollars.

Infringements of patent rights are to be protected by a due course of law, the final appeal being to the Minister of Finance. The penalties inflicted are fine, confiscation, &c.

RUSSIA.

The Russian patent law allows patents for inventions, &c., of home origin, and also for the introduction of foreign inventions, &c. The term of the former may be from five to ten years, but that of the latter cannot exceed six years. The petition or specification, clearly defining the invention, &c., is to be addressed to the Department of Manufactures and Internal Commerce, stating the time for which the patent is requested. The applicant must, at the same time, pay the see required; which is, for three years, 90 silver roubles; for five years, 150; for ten years, 450 silver roubles; and in case of inventions or improvements from abroad, for one year, 60 silver roubles; for two years, 120; for three years, 180; for four years, 240; for five years, 300; and for six years, 360 silver roubles. The papers are transmitted to Council of Manufactures. If satisfactory as to clear and particular detail, and it does not interfere with the public welfare, or cannot impair the revenues of the State, the Council reports it to the Minister of Finance, &c. - The patentee must use due difigence to bring his invention into use at ieast within the first quarter of the wiloie term of his patent." Provision is likewise made for the protection of the patentee in case of violation or infringement of his rights, so that he may recover damages, confiscation of the imitated articles made, &c.

BELGIUM.

The Belgian patent law is somewhat detailed and extensive, but in many respects is quite similar to those of the various German States.

The following are the most essential particulars: Patents are granted for inventions, &c., of domestic origin, and likewise for the introduction of foreign ones patented abroad.

The fee is from 150 to 750 florins, (317.46 francs to 1,587.30 francs,) according to the time, the importance of the invention, &c.

A patent of from five to ten years may be further extended. In the

case of a foreign patent introduced, the articles fabricated, &c., must be made within the realm.

A patent entitles the owner to make, use, and sell, &c.; to prosecute actions before the tribunals, and obtain a confiscation of articles made in violation of patent rights; also damages, &c. Accompanying the petition for a patent must also be a specification, sealed, with the necessary plans and drawings, which shall be published at the expiration of the patent, or sooner if required by the public welfare or for other important reasons. - • The petition, addressed to the King, must contain the full name and residence of the applicant, the term of the patent which is requested, and be addressed to the Register of the province, (Greffier, &c.,) who notes on the proces-verbal, or form prepared for the purpose, outside of the package, the exact date of reception—this being signed by him and the applicant, to whom also a duplicate is given. It is then, together with the obligation of the applicant to receive and pay for the patent if granted, transmitted to the Commissioner General of Instruction, Arts, &c., by whom it is presented to the King, accompanied by his report, to be signed by the King. The King sometimes refers it, for further consideration, to the Royal Institute or the Academy of Sciences at Brussels. A request for an extension of the term of the patent can also be made to the Commissioner General of Instruction, &c. Improvements on existing patents are obtained with similar formalities. To assign a patent, previous permission must be obtained of the King. The transfer must likewise be registered in the registry of the province, and the same course of transmission be taken as in the obtaining of a patent. In case that, on the expiration of the patent or otherwise, the Commissioner General of Instruction, &c., does not deem it advisable to make the discovery, invention, &c., public, he reports it to the King, who decides the question. * The Commissioner General of Instruction, &c., transmits the patent, after it has been signed, to the governor of the province, indicating also the price to be paid, as follows: For five years, 150 florins, (317.46 francs;) for ten years, 300 or 400 florins, (634.92 francs or 846.56 francs;) for fif. teen years, 600 or 750 florins, (1,209.84 or 1,587.30 francs.) according to its importance, &c. For assigning a right or succession to any one, 9 fiorins (19.04 francs) is required. Should the patent at any time become null and void before its term expires, the money paid is restored pro rata. A registry of patents granted shall be kept for the inspection of applicants. The applicant signs an obligation to receive the patent if granted, and to pay the fee, within three months from the date of its issue, to publish it, and also put it to use in the time allowed by law, on penalty of forfeit. ing the patent. .

HOLLAND.

The law of this country very much resembles that of Belgium in most

of its provisions. - - .# & The term of duration is limited to five, ten, or fifteen years; and, in case of the lesser term, may be extended-dot, however, to exceed fifteen

ears. . . .333 y Patents are granted for inventions, &c., of domestic origin, and also for introducing foreign patents. . . ; - ... ...:

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