Dokument 
Austrian tariff of import duties upon the principal articles of British produce and manufactures : arranged in groups, in accordance with the classification of the objects contributed to the Vienna Universal Exhibiton of 1873; with alphabetical index, a comparative table of Austrian, English and French money, weights, and measures, the Anglo-Austrian treaty of commerce, the Austrian patent laws, and other official documents of importance ; Vienna Universal Exhibition, 1873 / prepared by Her Majesty's commissioners, for the guidance of British exhibitors
Entstehung
Rechtsdrehung 90°Linksdrehung 90°
  
  
  
  
  
 
Einzelbild herunterladen

92

Protection to inventions.

Conditions for the grant of an exclusive patent.

Under what conditions a patent may be applied for.

Translated from the Imperial Law Repertory for the Austrian Empire of 1852.

LVIII. No. 184.

Imperial Ordinance of 15tli August 1852, valid for the whole Empire, iu virtue of which a new Law of Patents is promulgated ; • in lieu of the former law of 31st March 1832,* respecting the protection by patent of new discoveries, inventions, and improve­ments in the department of industry.

We, Francis Joseph the First, by the Grace of God Emperor of Austria, King of Hungary and Bohemia, &c., &c.:

Actuated by the desire to have the necessary protection afforded to inventions in those Crown lands of our Empire hitherto without a patent-law, and having regard to the experience gained since our Ordinance of 31st March 1832* was issued, which has proved many improvements and completions of the patent laws hitherto in force to be necessary :

After conferring with our Ministers, and hearing our Imperial Council,

Have decreed and determined upon the following, throughout our Empire.

Section I.

Of the Objects of an exclusive Patent.

§ L

An exclusive patent may be granted for each new discovery, invention, or im­provement, under the limitations contained in the following §§ 2, 3, 4, and 5, which has for its object—

a. A new industrial product, or

b. A new means of production, or

c. A new method of production.

The patent may be applied for by an Austrian subject, or by a foreigner, as long as it does not pertain to those mentioned in the following paragraphs (2-5) as being unpatentable.

However, by discovery is understood every disclosure of an industrial mode of procedure, which has, certainly, been used in former times, but has since become entirely obsolete, or, generally, of one unknown in the country.

By invention is understood every representation of a new article with new means, or of a new article with means already known, or of an already-known article with other than the already applied means for the same article.

Every addition of an appliance, arrangement, or mode of procedure to an already known or patented article, by means of which a more favourable result or a greater economy is to be obtained in the purpose of the article, or in the manner of its production, is regarded as an improvement or alteration.

Any discovery, invention, or improvement is considered to be new if it is neither known by means of a printed publication, nor in operation in the country up to the time of the patent being applied for.

* In the Collection of Laws and Ordinances in the Department of Justice (I. L. G.), No. 2556, and in the Collection of Political Laws and Ordinances, Volume 60, page 42.

 
Seiten anSeiten aus
Text aus