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1. LAW AND DATE.-28th September, 1864. Promulgated 11th October, 1864. Journal, [vide infra, § 71,]

An., 1867.)

(See Commissioners of Patents' Nos. 1393, 1394, and 1453,

2. KINDS OF PATENTS.-Patents of inventions granted to inventors or their assignees. Reissue of foreign patents. Certificates of addition or improvement. Provisional patents.

3. PREVIOUS EXAMINATION.-By the sub-commissioners. The following are not patentable: Pharmaceutical compositions; financial schemes; discoveries or inventions known or published abroad, or in the Republic; theoretical schemes; and inventions contrary to morals and to law.

4. DURATION.-Patents of inventions, five, ten, or fifteen years. Reissues of foreign patents limited to ten

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years, and never to exceed the term of the original foreign patent. Provisional patents one year, and renewable each subsequent year.

5. GOVERNMENT FEES.-According to article 26 of the patent regulations, a stamp duty of twenty-five pesos (dollars) for the letters patent, and by yearly installments; eight pesos for patents of five years; ten pesos for patents of ten years; and for patents of fifteen years eleven pesos during the first five years, and twelve pesos during the remaining ten years. According to article 6 of the patent law, eighty pesos fuertes for a patent of five years; two hundred pesos for a patent of ten years; and three hundred and fifty pesos for a patent of fifteen years, one half to be paid at the time of application, and the other half by successive yearly installments. Patentees to accept and sign bills in common with another person (to be approved of by the commissioner) as collateral security for the payment of the annual installments. Certificates of addition subject to the same formalities as patents, original patentees paying only one fourth of the patent fees, but others than the patentee one half. Provisional patents fifty pesos, to be deducted in case letters patent or certificates of addition for said invention are taken out subsequently.

6. DOCUMENTS REQUIRED.-A petition to the Commissioner of Patents, (twenty-five pesos stamp duty,) a description, (in the Spanish language,) with proper drawings on a metrical scale, patterns, (models or chemical samples,) all in duplicate, and a list of the objects presented. A deposit of one half of the Government fees, one half only of which is returned in case of refusal; and when, in the latter case, an appeal is made to the Minister of

the Interior, (within ten days,) and the refusal is upheld by him, the whole deposit becomes forfeited.

7. WORKING.-Within two years, and not to be interrupted for the same period, except by showing good cause for delay.

8. ASSIGNMENT.-By notarial act of registration at e Patent Office. Payment of the entire fees required.

9. SPECIFICATIONS, ETC., INSPECTION AND PUBLICATION OF.-Open to public inspection at the Patent Office, (except provisional patents.) Published yearly. Copies obtained by paying the stamp duty on paper.

10. INFRINGEMENTS.-Punishable by a fine of from fifty to five hundred pesos, or by imprisonment of from one to six months, and the forfeiture of the counterfeit articles, besides damages. Participators subject to the same penalty. In case of a second offense within five years, said penalty to be doubled. All fines to be divided between the treasury and the informers.

11. OTHER LEGAL PROVISIONS.-Patent actions to be instituted by the interested parties before the sectional tribunals. Decisions summary. Longest term granted for showing cause, (in exceptional cases,) six months. Within ten days of the expiration of the term allowed, judge to deliver judgment and to award costs. Appeals to the superior court (for final decision) to be entered within three days.

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19. Assignments.

20. Other legal provisions.

21. Specifications, inspection, copies.

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22. List of patents delivered.
23. Specifications published.
24. Proceedings to obtain a patent.

12. LAW, DATE, AND WHERE RECORDED.-Imperial decre of 15th August, 1852. (See Commissioners of Patents' Journal, [vide infra, § 71,] No. 291, An., 1856.)

13. KINDS OF PATENTS.-Exclusive privileges for new discoveries, inventions, or improvements granted to natives or foreigners residing or represented in Austria.

14. PREVIOUS EXAMINATION.-None as to novelty or utility. No guaranty by the Government. No patents are granted for preparations of food, beverages, and medicines, or for such inventions as cannot be worked. for reasons of public health, morals, or safety, or as being contrary to the general interest of the State.

15. DURATION.—Fifteen years at most from the date of the exclusive privilege. Imported inventions for the unexpired term of the foreign patent. The latter grants are made to the foreign patentee only, or his proxy, provided the invention has not yet been worked in the empire.

16. GOVERNMENT FEES.-Twenty florins for each of the first five years; thirty florins sixth year; thirty-five florins seventh year; forty florins eighth year; forty-five florins ninth year; fifty florins tenth year; sixty florins eleventh year; seventy florins twelfth year; eighty florins thirteenth year; ninety florins fourteenth year; one hundred florins fifteenth year-equals seven hundred florins for fifteen years, or one hundred florins for the first five years, two hundred florins for the following five years, and four hundred florins for the last five years.

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