CHAP. IX.

FOREIGN PATENT LAWS (continued).

BELGIUM.

(The patent law of Belgium is contained in the royal decree, dated 14th May 1854, amended slightly by the decree dated 27th March 1857.)

1. An exclusive privilege for twenty years is to be obtained under the title of patent of invention, of improvement or of importation for any new discovery applicable to industry or commerce. This grant is at the sole risk of the applicant, the government giving no guarantee either of its novelty or merit, and is without prejudice to the rights of other parties.

2. The fee payable for each patent is progressive, as follows:-first year 10 francs; second year, 20 francs; third year, 30 francs, and so on to the twentieth year, when the fee will be 200 francs. The fees are to be paid annually in advance, and in no case can be reimbursed. No fee is payable on patents of improvement when granted to the original patentee.

3. The rights secured by a patent are similar in their nature to those of England and France, with remedy in the courts of law for infringement.

4. The inventor of a discovery already patented abroad may obtain, by himself or agent, a patent of importation into Belgium, but its duration is not to exceed the term of the foreign patent previously granted.

5. A patent of improvement may be had for alterations in an article already patented terminable at the same date as the original patent. If obtained by any other person except the proprietor of the original patent the improvement can only be used with his consent. Reciprocally the proprietor of the original patent can only use the improvements with the consent of the new patentee.

6. The applicant for a patent, or his agent, must make application to one of the provincial governments of the kingdom, or at the office of one of the district commissioners, if situated at a distance from the chief town of the province. To this application must be added in a sealed envelope

1. A specification of the objects invented.

2. The drawings, patterns or specimens necessary to understand the specification.

3. A duplicate certified as being in conformity with the specification and drawings.

4. A list of the objects deposited.

All these documents must be signed by the applicant or his agents.

7. A receipt showing that the first year's fee of 10 francs has been paid, must be deposited with the above.

8. The application must be on stamped paper, and contain the christian and surname of the inventor, his profession, and his address, real or elected, in the kingdom, and it must express the object of the invention distinctly and concisely. It must be confined to one principal invention with its details and applications. If a patent of importation it must state the duration of the original patent and the country where granted. An agent must produce a power to act. (The decree says that this be in due legal form, but the practice is not to

require that the power be legalised by notaries, magistrates, or consuls.)

9. The specification must be in French, Flemish, or German, and if not in French with a French translation. When the inventor is not resident in Belgium, the specification should be without interlineation or erasure, and any words interlined or erased should be counted, certified, and the pages and references indicated. The specification must be clear and distinct, and conclude with a summary of the matter of which it consists.

10. The drawings should be in ink, to a metrical scale, properly indicating the invention in plan, sections and elevations, and the parts which contain the invention patented should be of a different colour to the rest.

11. A statement must be drawn up and signed by the applicant and the registrar of the provincial government, or by the commissioner of the district, containing the day and hour of the deposit and the title of the invention, the inventor's christian and surname, calling and address, or those of his agent. If a patent of importation that fact must be mentioned, with the date and duration of the patent in the country where it originated, and the name of the patentee. This document must also contain an acknowledgment of the payment of the first annual fee, and be attached to the packet containing the specification and drawings. A copy gratis will be given to the applicant.

12. The offices for registration of patents are open daily from 10 to 2.

13. A register of all documents secured at the offices will be open to public inspection at the office of the Minister of the Interior.

14. In case of omissions or irregularity of form,

rectifications may

be made and a note of such alterations mentioned in the register.

15. A certificate of the Minister of the Interior will be given to the applicant without delay stating that the prescribed formalities have been complied with. This certificate will constitute his patent right. The first copy will be given gratis, but all others must be paid for.

16. Summaries of the patents are to be published by government three months after they are granted, but should parties wish their patents to be printed at length, they must give a month's notice and deposit the cost.

17. At the end of three months, specifications will be open to public inspection, and copies may be had on payment.

18. Transfer of patents will be registered on payment of a fee of 10 francs.

19. If the annual fee is not paid within one month of its falling due, patentees shall, after notice given them, and within six months, under penalty of losing their patent rights, pay a sum of 10 francs besides the annual fee then due.

20. Patents must be put into operation within one year on penalty of forfeiture, but the government have the power to prolong this term for not more than one year longer. The patent will also be forfeited should the invention be used in foreign countries and cease to be used in Belgium during one year, unless good cause can be shown for such inactivity.

21. Patents will also become void for the following

If previously in use in Belgium for commercial purposes.

If the patentee has intentionally omitted to describe his process correctly.

If the process be already described in any printed book, unless the patent be one of importation. If declared null by a court of law.

The same applies to patents for improvements. 22. All patents and other documents relating thereto shall be published in the Patent Journal, a paper devoted that purpose.