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PROTECTION OE INDUSTRIAL DESIGNS AND INVENTIONS.
(b.)
Special Regulations Issued by the Imperial Austrian Minister oe Commerce for the Execution of the Law of 13tli November, 1872, concerning the Provisional Protection of the Objects Exhibited at the Universal Exhibition in Vienna, 1873.—Published in the Imperial Law Gazette of November 28, 1872. LVIII. No. 160.
Article I.
Before any application for a “ Certificate of Protection ” to be issued by the Chief Manager of the Universal Exhibition is officially dealt with, an examination must take place in the presence of the applicant , whether the application is provided with the supplementary documents prescribed by law, viz., two identical copies of the Specification of the respective objects, or two identical copies of the respective Trade Mark, Pattern, or Model, under two distinct covers, on which the object and name of the applicant is to be noted, and if the application is made through an agent, a power of attorney for the latter must be added likewise.
If there is found any deficiency, the application will, without being officially dealt with, be returned to the petitioner in order to have it completed; however, the reason of the return must be notified to the applicant. On the applications being found regular with regard to the above-mentioned requirements, and which are in consequence officially to be dealt with, the day and hour of their presentation must be written conspicuously on the outside of the cover.
It is understood that by a Certificate of Protection there can be acquired in every instance only one kind of legal protection, viz., either protection by a Patent, or of a Trade Mark, Pattern, or Model, according to the respective objects being qualified for one or the other kind of protection.
The decision whether such qualification exist in the object, is to be taken according to the provisions of the several Patent and Protection Laws referred to in Article I. of the Law of 13th November 1872, concerning the protection by Patent according to paragraphs 1, 2, and 5 of the Law of 15th August 1852 (Repertory of Laws of the Empire, No. 184), and the protection of Trade Marks, Patterns, and Models, according to sections 1 and 3 of the two Laws of 7th December 1858 (Repertory of Laws of the Empire, Nos. 230 and 237).“
The object, therefore, for which a Certificate is solicited must be examined in this sense, but inasmuch as a Patent is in question, any inquiry into the novelty or usefulness of the object is precluded from examination by virtue of the provisions of section 17 of the Law of 15th August 1852.
At the examination insight will be taken into both copies of the Specification, respectively of the Trade Mark, Pattern, or Model without distinction, whether secrecy has been reserved or not. After which, if the copies have been presented under seal, they will be resealed with the official seal.
Together with this inspection the perfect conformity required of both copies of the aforesaid appendixes shall be verified, and should any disparity be discovered, the applicant will be invited to correct it at once, and by all means before the issuing of the Certificate of Protection.
Tor the purpose of duly affecting the above-mentioned examination, the Chief Manager of the h niversal Exhibition will act in concert with a Committee of Experts, the constitution of which is left to his choice with the concurrence of the Representative of the Royal Hungarian Ministry, in which