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§ 2 .
A patent is not granted for preparations of provisions, drinks, and medicines, nor for discoveries, inventions, or improvements, the practice of which is forbidden from public motives in regard to health, morality, or security, or the general interest of the State, according to the legal ordinances.
§ 3 .
An exclusive patent can only be granted for a new discovery, invention, or improvement, which it is intended to introduce into Austrian territory from abroad, when the operation of it is likewise limited abroad by an exclusive patent.
Such grant, however, can only be made to the owner of the foreign patent, or to his legal representative or agent. Without these limitations, a patent is not allowed for an invention, discovery, or improvement made abroad, but not yet in operation at home.
§ 4 .
A patent for an improvement of an already known article, or one protected by an exclusive patent, is only granted with the limitation that it extends only to the improved portion, and not to the entire article.
§ 5 .
An exclusive patent is not granted for a scientific principle, or a purely scientific proposition, even where the principle or proposition is capable of immediate application to industrial objects ; but every new application of such principle or proposition, by means of which a new industrial product, a new means, or a new method of production is brought about, is certainly patentable.
* 6 .
The union of two or more discoveries, inventions, or improvements differing from each other in one patent is only allowed when these discoveries, inventions, or improvements refer to one and the same article, as component parts, or operative means.
Section II.
Of the Conditions of securing an exclusive Patent , and of the Procedure in order to
obtain it.
§ 7 .
Whoeyer wishes to obtain an exclusive patent for a new discovery, invention, or improvement, must fulfil the conditions prescribed in this law.
These conditions are :—
(a.) Application to a competent authority by means of a properly drawn up petition, accompanied by the prescribed appendices:
(h.) Payment of a fixed tariff :
(c.) The fulfilment of the obligation to describe the new discovery, invention, or improvement so clearly and completely, and, if necessary to the attainment of sufficient distinctness, to illustrate it by annexing drawings or models, so that it will be possible for every professional to copy it, when it is brought under general notice after the expiry of the term of the patent.
Petitions for an exclusive patent can be handed in at the provincial Governments, or to the political district authorities (district offices, delegations, county authorities), where such exist.
When a patent is not granted.
What constitutes a claim to an exclusive patent.
Patents for improvements.
Scientific principles not patentable, but only on now application thereof.
Conditions under which two or more discoveries, &c. may become the object of a single patent
IIow to obtain an exclusive patent.
Where to lodge petitions for an exclusive patent.