Kaiserlichen Patentamt

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The German Empire's Kaiserlichen Patentamt, or Imperial Patent Office, was the authority granting German patents in the early aero period.

It had publication series. These are example pages from which to draw out general info:

History

  • On Sunday July 1, 1877 the Imperial Patent Office was founded. Before this patents were granted in 25 smaller states of the German Empire. These included Prussia, Bavaria, Württemberg, Saxony, Principality of Schaumburg-Lippe, Grand Duchy of Mecklenburg-Strelitz, Principality of Reuss, and more. For more on patents of that period see [1] and [2] and other works by those authors.) Patent Specification No. 1 was immediately issued on July 2, 1877.[1]
  • A patent approved by the new unified German office would offer protection with uniform rules across all the German Empire. It would be also be published, which was different from the practice of most of the earlier offices.[1]
  • Its first president, from 1877 to 1881, Karl Rudolf Jacobi, later named "von Jacobi" after he had been raised to the peerage. Jacobi was a lawyer and ministerial official with over twenty years of professional experience in the Prussian administration. The Imperial Patent Office also included 21 legal and technical members and 18 other employees including three clerks. Most worked part time at the patent office, and remained employed in some relevant outside field. Some were volunteers, appointed to some role at the patent office, perhaps as specialists, and/or to give them different mental stimulation.[1]
  • A substantial change in the patent law went into effect on 7 April 1891. (details?)
  • There was a Supervisory Board made up of senior civil servants from other government departments, technical experts, and industry representatives. The industrialist, inventor, and politician Werner von Siemens was an important supervisor or employee, and chairman of the "Patent Protection Association" which had advocated the uniform patent law.[1]
  • As in other patent offices, lawyers and technical experts had to work together and learn from one another.[1]
  • Patent applications grew quickly and the staff of 40 was not enough. The staff grew quickly.
  • The first office was at Wilhelmstrasse 75, Berlin, next to the Foreign Office. Two years later, in 1879, the patent office moved to Königgrätzer Straße 10. Separate Berlin locations were added in 1879-1882. An official library held a growing number of books, magazines and other printed products, which were used for checking the novelty of an invention. The library also held rare historical works and official publications of foreign patent offices. The library purchased or bartered for publications and patent documents from across Germany and abroad, exchanging with 15 other governments in the early years. The library received donations from institutions and chambers of commerce (programs and annual reports), companies (sales brochures), foreign governments (patent publications) or private individuals. The library already had 12900 items in 1879.[1] R. Fiedler, who had been a researcher in the Imperial Patent Office, described a practice ... American patents contained in the weekly Official Gazette "were carefully cut out, classified and glued in and formed as a so-called" American atlas "- with many thousands of sticky notes[2]
  • The office was again under one roof after a move in 1882 to Königgrätzer Straße 104-105, a place now on Stresemannstraße. At that location, the library had for the first time a public reading room where the "state of the art" for many technical areas was documented and searchable by anyone.[1]
  • In 1891, there were more than 230 employees and they moved again.
  • In 1877, 3,212 patent applications were filed with the office and 190 patents were granted. In 1890, 11,882 patent applications were filed and 4,680 patents were granted.[1]

Terms related to the patent process

  • Anmeldung – filing[3]
  • Zurücknahme – withdrawal[4]
  • Zurückweisung – rejection[4]
  • Veröffentlichung – preliminary publication, effected "by a single insertion in the Imperial Gazette (Reichsanzeiger) of the name of the Patent Applicant and of the essential contents of the petition (Antrag) contained in his application." At the same time provisional protection is conferred on the invention.[5]
    • Bekanntmachung – initial phase of publication, possibly the same as above? [4]
  • Auslegung – exhibition for inspection by interested parties at the Patent Office[4] initiated simultaneously with the Veröffentlichung described above
  • Einspruch – opposition to a patent being granted, on the grounds that it derives without consent from another person's existing designs or processes[4]
  • Erteilung (grant) (erteilt – granted)
  • Beschwerde – appeal[6]

Rolle

The Rolle was the basic ledger for information and events concerning patents, beginning from the time of application. By law changes in in the Rolle were published in the Reichsanzeiger.

§ 19. In the Patent Office, a Roll (Rolle) shall to be kept showing the object (Gegenstand) and the duration (Dauer) of the Patents granted as well as the name and domicile of the owner or owners of the Patent (Patentinhaber) and their representatives (Vertreter) if existing at the time of the application. The commencement (Anfang), expiration (Ablauf), lapsing (Erlöschen), annulment (Erklärung der Nichtigkeit) and withdrawal (Zurücknahme) of Patents are to be registered in the Roll; and, at the same time, publication thereof is to be made in the Imperial Gazette (Reichs- anzeiger).
If, in respect to the Patent, a change take place in the ownership or representation, the same is likewise to be registered in the Roll and published in the Imperial Gazette (Reichsanzeiger), if brought to the knowledge of the Patent Office in authentic form (in beweisender Form). So long as this has not been complied with, the former owner of the Patent and his former representative remain privileged and responsible (berechtigt und verpflichtet) according to the regulation of this Act.
The inspection (Einsicht) of the Roll as well as of the specifications, drawings, models and samples (Beschreibungen, Zeichnungen, Modelle und Probestücke) upon which the granting of the Patents has been based, is open to everybody, with the exception of any Patent taken-out in the name of the Imperial administration for the purposes of the army or navy. The Patent Office publishes in an Official Gazette the specifications and drawings in their essential parts, in so far as their inspection is open to everybody. Herein also the publications are to be made, which, according to the regulation of this Act, are to appear in the Imperial Gazette (Reichsanzeiger).)[3]

Organization

The responsibilities and authority of the patent office are described in the German patent law, Article I, Section II. §14 describes the departments within the office:

In the Patent Office are to be formed:

1. Departments for Patent-Applications (Application Departments) (Anmeldeabteilungen)
2. A Department for the acception of petitions for declaration of annulment or for withdrawal of Patents (Nullification Department) (Nichtigkeitsabteilung)

3. Departments for Appeals (Appeal Departments) (Beschwerdeabteilungen)[6]

References

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1877-1890 history at DPMA
  2. ↑ R Fiedler. 1905. One Hour in the Imperial Patent Office. Verlag Mesch & Lichtenfeld, Berlin.
  3. ↑ 3.0 3.1 Reitzenbaum, 1904, German Patent Law, p. 8.
  4. ↑ 4.0 4.1 4.2 4.3 4.4 Reitzenbaum, 1904, German Patent Law, p. 4. Cite error: Invalid <ref> tag; name "R4" defined multiple times with different content
  5. ↑ Reitzenbaum, 1904, German Patent Law, p. 9–10.
  6. ↑ 6.0 6.1 Reitzenbaum, 1904, German Patent Law, p. 7.

More sources:

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