This receipt is to be taken great care of. If the petition has been returned to the bearer by reason of some defect, it is considered as "not handed in," and it is, consequently, the business of the applicant for protection to have regard to the rectified petition being again presented within the term mentioned in § 3 of this Notification. XI. SETTLEMENT OF PETITIONS WHEN OBJECTIONS ARISE. If the Certificate of Protection required cannot be made out, either because the article in question is declared by the experts as being " unsuitable for protection," or because it has "failed to be lodged" in the Exhibition, the bearer of the petition will be informed thereof and requested to take back the enclosures and deliver up the receipt in person, at same time giving proof of his identity. If the only hindrance to the making out of a Certificate of Protection consists in the two identical copies of the petition-vouchers not agreeing as required by law, the applicant for protection is called upon to remove the obstacle within a short period, which is not extendable. After the term has expired without his having done so, the application will then he formally refused, and the enclosures of the petition returned in the same way as previously mentioned. XII.-ISSUE OF THE CERTIFICATE OF PROTECTION. The Certificate of Protection will by no means be issued before the article in question has arrived within the Exhibition building. It is accordingly in the interest of the applicant for protection to announce the entry of the article to be exhibited to the Law Office of the DirectorGeneral at once. The Certificate of Protection is delivered to the applicant in person, or if he should not be at Vienna, in the ordinary course by post. The Director-General, (Signed) BARON VON SCHWARZ-SENBORN. 42, Praterstrasse, Vienna, March 1873. VII. (d.) OFFICIAL CORRESPONDENCE RELATING TO CERTIFI SIR, CATES OF PROTECTION. 42, Praterstrasse, Vienna, 20th March 1873. I HAVE the honour to hand you herewith a translated copy of a communication, dated March 9th, 1873, No. 7234, which I have received from His Excellency the Imperial and Royal Minister of Commerce, referring to the certificates of protection for exhibitors at the Universal Exhibition of 1873, in Vienna, and beg you will communicate the contents thereof to the exhibitors of your country. I beg leave to take this opportunity to ask your kindness in another question arising from the fact that foreign exhibitors are but too frequently quite ignorant of the laws of Austria. In fact, it has become almost a rule with applications for Protection Certificates from abroad to neglect not only the requirements of the law, namely, that applications should be made, either by the applicant personally or by his agent duly authorised, but to omit also other essential requirements. The applications are, as a rule, not provided with the two separate covers required by law to contain the two copies of specifications, drawings, trade marks, models, &c.; the signature by the applicant of the specification is often wanting; sometimes the object to be protected is not indicated, and even the kind of protection wished for, whether it be a patent, trade mark, or model protection, is occasionally omitted. : You will therefore much oblige me, Sir, and promote the interest of the cause if you will, on receiving applications for Protection Certificates call the attention of applicants to the provisions of the law and point out to them the defects, if any, of their applications and kindly send them afterwards to me to be dealt with according to law and without transgressing its formal provisions. I remain, Sir, (Signed) SCHWARZ-SENBORN. Philip Cunliffe Owen, Esq., SIR, IN reply to your letter of the 26th ultimo, No, 1299, I do not hesitate to give to your Excellency the authorisation to receive such applications for "Certificates of Protection" as will be sent to you through Foreign Exhibition Commissions, and to deal with them according to law, provided they be drawn up and supplemented in strict accordance with the provisions contained in Art. I. of the law of the 13th November 1872, and the special regulations issued on the 15th November, 1872. It is understood that the actual date on which the applications reach your Excellency will be the only rule to decide whether they are presented in due time, I have the honour to remain, &c,, &c., To His Excellency The Imperial and Royal Minister of Commerce, (Signed) Baron William de Schwarz-Senborn, BANHANS. Chief Manager of the Vienna Universal Exhibition. (Translated by Dr. Weinmann.) APPENDIX Y. VIENNA PATENT CONGRESS, 1873. RESOLUTIONS adopted on the 4th, 5th, 6th, 7th, and 8th of August 1873. I. The protection of inventions should be guaranteed by the laws of all civilised nations, because- (a.) The sense of right among civilised nations demands the legal protection of intellectual work. (b.) This protection affords, under the condition of a complete specification and publication of the invention, the only practical and effective means of introducing new technical methods without loss of time, and in a reliable manner, to the general knowledge of the public. (c.) The protection of invention renders the labour of the inventor remunerative, and induces thereby competent men to devote time and means to the introduction and practical application of new and useful technical methods and improvements, and attracts capital from abroad, which, in the absence of patent protection, will find means of secure investment elsewhere. (d.) By the obligatory complete publication of the patented invention, the great sacrifice of time and of money, which the technical application would otherwise impose upon the industry of all countries, will be considerably lessened. (e.) By the protection of invention, secrecy of manufacture, which is one of the greatest enemies of industrial progress, will lose its chief support. (f.) Great injury will be inflicted upon countries, which have no rational patent laws, by the native inventive talent emigratin to more congenial countries, where their labour is legally protected. (g.) Experience shows that the holder of a patent will make the most effectual exertions for a speedy introduction of his invention. II. An effective and useful patent law should be based on the following principles : (a.) Only the inventor himself, or his legal representative,* should be entitled to a patent. (b.) A patent should not be refused to a foreigner. (c.) It is advisable, in carrying out these principles, to introduce a system of preliminary examination. (d.) A patent should be granted either for a term of 15 years, or be permitted to be extended to such a term. (e.) Simultaneously with the issue of a patent a complete publication of the same should take place, rendering the technical application of the invention possible. (f.) The expense of obtaining a patent should be moderate; but, in the interest of the inventor, a progressive scale of fees should be established, inducing him to abandon a useless patent. (g.) Facilities should be given, by a well organised patent office, to obtain in an easy manner, the contents of the specification of a patent as well as to ascertain what patents are still in force. (h.) It is advisable to establish regulations, according to which the patentee should be compelled, in cases in which the public interest may require it, to allow the use of his invention to all suitable applicants for an adequate compensation. (i.) The non-application of an invention in one country shall not involve the forfeiture of the patent, if the patented invention has been carried into practice at all, and if it has been rendered possible for the inhabitants of such country to purchase and make use of the invention. (k.) In all other respects, and particularly as regards the proceedings in the granting of patents, the Congress refers to the English, American, and Belgian Patent Laws, and to the draft of a patent law prepared for Germany by the Society of German Engineers. III. Considering the great differences in present patent administration and the altered international commercial relations, the necessity of reform is evident, and it is of pressing moment that Governments should endeavour to bring about an international understanding upon patent protection as soon as possible. IV. The Congress empowers the preparatory Committee to continue the work commenced by this first International Congress, and to use all their influence that the principles adopted be made known as widely as possible and carried into practice. V. The Committee is likewise authorised to endeavour to bring about an exchange of opinions on the subject, and to call, from time to time, meetings and conferences of the friends of patent protection. VI. To this end, the preparatory Committee is hereby appointed to act as a permanent Executive Committee with power to add other members to their number, and to appoint the time and place for the next meeting of the Congress, in case such a meeting should * This was understood to include the nominee or authorised agent of the inventor. -T. W. be considered necessary for the promotion of the foregoing resolutions. Congress, The Honorary President of the International Patent APPENDIX 2. VIENNA PATENT CONGRESS, 1873. MEETING of the EXECUTIVE COMMITTEE (appointed by the International Patent Congress to carry out the resolutions of the Congress, passed on the 4th, 5th, 6th, 7th, and 8th of August 1873, with power to add to their number) held on Saturday the 9th of August, Baron von Schwarz-Senborn, honorary President of the Congress, in the chair. PRESENT: William Siemens, President of the Congress. Th. Webster, Q.C. Mr. Hamilton Hill. It was resolved, Dr. Jannasch. Dr. H. Grothe. Dr. Weinmann Dr. Jur. Rosenthal. Syndicus Dr. André. 1st. That the Honourable J. M. Thacher, Mr. B. B. Hotchkiss, and Mr. S. Remington, of the United States, be added to the committee. 2nd. That Baron von Schwarz-Senborn be president of the executive committee, whether residing at Vienna or elsewhere. 3rd. That Dr. William Siemens be requested to write a preface or introduction to the proceedings of the Congress, to be dedicated to Baron von Schwarz-Senborn. Dr. W. Siemens acceded to this request. 4th. That Mr. Carl Pieper, C.E., of Dresden, be the general secre. tary of the executive committee. 5th. That Dr. v. Rosas, of Vienna, be treasurer of the executive committee. 6th. That Dr. Rosenthal, of Cologne, and Dr. v. Rosas act as special assistants to the general secretary for the publication of the proceedings. 7th. That the members of this committee residing in foreign countries constitute special local committees of their respective nationalities, with power to add to their number, to carry out the resolutions of the Congress. Each local committee to be empowered to enrol members, call meetings, and collect subscriptions of one pound sterling, or upwards, per annum, to be accounted for to the general secretary and treasurer, and to do such acts as may be necessary for carrying out the resolutions of the Congress. 8th. That the president and general secretary prepare byelaws to be submitted to a general meeting for approval. The Honorary President of the International Patent Congress, BARON DE SCHWARZ-SENBORN. The President of the International Patent Congress, WILLIAM SIEMENS. |