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Government invites the applicant to rectify the same within a suitable space of time, retaining the petition meanwhile. If this space of time is exceeded the petition is returned.
All petitions drawn up in proper form and not deemed absolutely unsuitable for the grant of a patent, as well as those which receive the rectifications alluded to within the allotted space of time, are submitted by the provincial Government with the sealed specifications, and all other vouchers to the Ministry of Trade and Commerce.
§ 16 .
The Ministry of Trade and Commerce is appointed to re-examine all the requirements prescribed for the petition for a patent. It is, however, its exclusive right to open the sealed specification and examine it in the following respects:—
(a.) Whether the specification is drawn up in a language mentioned as allowable (§ 12), and whether it is properly signed.
(k) Whether the object for which a patent is sought is. not divisible into two or more articles differing from one another, and requiring a division.
(c.) Whether the statement in the petition, on the cover of the enclosed specification and in the specification itself of the object of the patent agree ; further, whether the specification is characterised by that clearness and perspicuity which §12 requires ; more especially, whether the drawings, patterns, or models necessary to its distinctness are to hand, and whether all purely formal requirements of the same have been observed.
(</.) Whether the article to be patented, as stated in effect in the petition and on the cover of the specification, is in contravention to the existing laws and ordinances, either in sanitary or other public respects, and therefore not at all adapted for the grant of a patent, or only under certain conditions or limitations. Moreover, care is to be taken that the strict secrecy which the subject demands be observed, and all means for insuring against a possible breach of it adopted.
§ 17 -
An examination, no matter of what nature, into the novelty or the usefulness of the discoverv, invention, or improvement stated, can in no case take place before the patent is" granted, for which, however, the State administration do by no means hold themselves responsible ; on the contrary, the patent is granted in this respect solely at the risk, expense, and costs of the patentee.
§ 18 .
In all those cases where no hindrance presents itself, after estimation and examination in accordance with § 16, the grant of the patent by the Minister of Trade and Commerce is made by drawing up a special deed, but, in other cases, u petition unadapted for such grant of patent is rejected, the reason being given, : >nd an order issued that the deposited patent fees be refunded. But if objections arc apparent which can be removed, the rejection only takes place after the applicant has failed to remove them within the suitable space of time granted him for so doing.
30782. N
Re-examination of requirements for petition.
No examination to take place before the granting of the patent.
Grant or rejection of patent.