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Section IV,
Of the Extent and Duration of Exclusive Patents, and of the Publication of same.
§ 24.
The legal validity of each patent extends to the entire Austrian Empire.
§ 25.
The longest duration of patents is fixed at fifteen years. We reserve to Ourselves the concession of a further period, which is only to be applied for to Us by the authorities in cases specially worthy of consideration.
§26.
Every exclusive patent takes effect from the day of issue.
The publication of the granted patent has, however, to take place in the manner, ana at the time of its coming into operation, as set forth by the laws in general.
§ 27.
Every patentee whose patent is granted for a shorter period than the maximum time allowed for the same (§ 9 c.) can claim the extension of it for one or several years within the longest duration appointed, if he takes steps for that purpose before its expiry (§ 29-2, a., b.). In order to obtain this, the petition for the extension is to be handed in betimes with the patent deed appended, and the full tariff for the extension of time desired (§ 11), or the certificate of its having already been deposited at an Imperial or Koyal Treasury enclosed.
The extension is granted by the Ministry of Trade and Commerce, and is officially confirmed on the patent deed itself.
§ 28.
Every patent granted or extended by the Ministry of Trade and Commerce, every transfer of a patent, as well as the fact of its having become void, will be published as prescribed in § 26.
§29.
Patents become void—
1. By annulment (rescission, suspension, or sentence).
(a.) Annulment can take place if it be found that the legal requirements for a sole patent do not exist, more especially .
aa. If it appears that the specification of the patent is defective, and, more especially, is not provided with the requirements stated in § 12, c-f, and is therefore insufficient. bb. If any one legally proves that the patented discovery, invention, and improvement did not possess the quality of novelty in the country, according as prescribed in § 1, even before the day and hour of issue of the official certificate ; or that the patented discovery, invention,
IN 2
Extent and duration of exclusive patents.
Publication of patent.
Extension of period allowed for patent.
Publication of patent. See § 26 .
Annulment of patents.