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transfer of designs, to the piracy of designs, to the mode of recovering penalties, to actions for damages, to cancelling and amending registrations, to the limitation of actions, to the awarding of costs, to the certificate of registration, to the fixing and application of fees of registration, and to the penalty for extortion, shall bé applied and extended to this présent Act as fully and effectually, and to all intents and purposes, as if the said several clauses and provisos had been particularly repeated and re-enacted in the body of this Act. Pen; tes
SK Boy Respecting ap VII. And be it enacted, That so much of the said first-menpointment of Registrars,
of tioned Act as relates to the appointment of a Registrar of designs clerks, &c. for ornamenting articles of manufacture, and other officers, as well
as to the fixing of the salaries for the payment of the same, shall be, and the same is hereby repealed ; and for the purpose of carrying into effect the provisions as well of this act as of the said firstmentioned act, the Lords of the Committee of the Privy Council for the consideration of all matters of Trade and Plantations may appoint a person to be Registrar of designs for articles of manufacture, and, if the Lords of the said Committee see fit, an Assistant Registrar and other necessary, officers and servants; and such Registrar, Assistant Registrar, officers, and servants shall hold their offices during the pleasure of the Lords of the said Committee; and such Registrar shall have a seal of office; and the Commis
sioners of Her Majesty's Treasury may from time to time fix the mira, salary or other remuneration of such Registrar, Assistant Regis
' trar, and other officers and servants; and all the provisions con
tained in the said first-mentioned Act, and not hereby repealed, relating to the Registrar, Deputy Registrar, clerks, and other officers and servants thereby appointed and therein named, shall be · construed and held to apply respectively to the Registrar, Assistant Registrar, and other officers and servants to be appointed under this Act.
Of drawings, · VIII. And be it enacted, That the said Registrar shall not regand descrip; ister any design for the shape or configuration of any article of tions, size of
manufacture as aforesaid, unless he be furnished with two exactly paper or parchment on similar drawings or prints of such design, with such description in which same writing as may be necessary to render the same intelligible, accordmust be made, ing to the judgment of the said Registrar, together with the title must be drawn
Yn of the said design, and the name of every person who shall claim geometrically to scale, certi- to be proprietor, or of the style or title of the firm under which ficate to be such proprietor may be trading, with his place of abode, or place
of carrying on business, or other place of address; and every such owner of de
led drawing or print, together with the title and description of such thereon, draw. design, and the name and address of the proprietor aforesaid, shall ings to be be on one sheet of paper or parchment, and on the same side numbered, &c. thereof; and the size of the said sheet shall not exceed twenty
.four inches by fifteen inches'; and there shall be left on one of the
said sheets a blank space, on the same side on which are the said drawings, title, description, name, and address, of the size of six inches by four inches, for the certificate herein-mentioned; and the said drawings or prints shall be made on a proper geometric scale; and the said description shall set forth such part or parts of the said design (if any) as shall not be new or original; and the said Registrar shall register all such drawings or prints from time to time, as they are received by him for that purpose ; and on every such drawing or print he shall affix a number, corresponding to the order of succession in the register : and he shall retain one drawing or print, which he shall file at his office, and the other he shall return to the person by whom the same has been forwarded to him; and in order to give a ready access to the designs'so registered, he shall keep a proper index of the titles thereof.
IX. And be it enacted, That if any design be brought to the Registrar has said Registrar to be registered under the said first-mentioned Act,
bid first-mentioned Act power to re
ten and it shall appear to him that the same ought to be registered certain de under this present Act, it shall be lawful for the said Registrar to signs. Owner refuse to register such design, otherwise than under the present may appeal to Act, and in the manner hereby provided : and if it shall appear to Privy Council. the said Registrar that the design brought to be registered under the said first-mentioned Act, or this Act, is not intended to be applied to any article of manufacture, but only to some label, wrapper, or other covering, in which such article might be exposed for sale, or that such design is contrary to public morality or order, it shall be lawful for the said Registrar, in his discretion, wholly to refuse to register such design: Provided always, that the Lords of the said Committee of Privy Council, may, on representation made to them by the proprietor of any design, so wholly refused to be registered as aforesaid, if they shall see fit, direct the said Registrar to register such design, whereupon and in such case the said Registrar shall be and is hereby required to register the same accordingly. X. And be it enacted, That every person shall be at liberty to Designs open
to inspection, inspect the index of the titles of the designs, not being ornamental
wal under certain designs, registered under this Act, and to take copies from the regulations. same, paying only such fees as shall be appointed by virtue of this Expired deAct in that behalf; and every person shall be at liberty to inspect sign public. any such design, and to take copies thereof, paying such fee as aforesaid, but no design, whereof the copyright shall not have expired, shall be open to inspection, except in the presence of such Registrar, or in the presence of some person holding an appointment under this Act, and not so as to take a copy of such design, nor without paying such fee as aforesaid.
STATUTES OF FRANCE
RELATING TO LETTERS PÁTENT.
Louis Philippe, King of the French, to all to whom
these Presents shall come, greeting : We have proposed, the Chambers have adopted, We have ordered, and do order as follows.
GENERAL ARRANGEMENTS. Patents for in- . Art. 1.--Any new invention or discovery, in any branch of vention and manufacture, entitles its author, upon the conditions and for the
terms hereinafter mentioned, to the exclusive right of putting the said invention or discovery into operation, for his own benefit." This right is secured by documents, granted by the government, under the name of Brevets of Invention.
n To In what the Art. 2.—The following shall be considered as new inventions same shall or discoveries :- The invention of new manufactures; and the consist.
invention of new means, or the novel application of known means,
for the purpose of obtaining a result, or a manufactured product." What are not Art. 3.- The following cannot be protected by Brevet :-1st. subject of pro- Pharmaceutical compositions or remedies of any kind ; these tection.
being subject to laws and regulations made for that purpose, and more particularly to the decree of the 18th August, 1810, relating to secret remedies. 2nd. Financial or monetary plans or combi
nations. Duration and Art. 4.-The duration of Brevets shall be five, ten, or fifteen
years. Each Brevet shall be subject to a fixed tax, namely, 500 fr. for five years, 1,000 fr. for ten years, and 1,500 fr. for fifteen years. This tax must be paid by annuities of 100 fr. each under penalty of forfeiture, if the patentee allows one year to elapse without paying the same.
ON THE FORMALITIES RELATING TO THE DELIVERY OF PATENTS.
Section 1.- On the Applications for Patents.
ART. 5.—Persons wishing to obtain Brevets of Invention, must Petition, spedeposit under seal, at the office of the Secretary of the Prefecture, cification, and in the department in which they reside, or in any other depart- drawings, and ment, on choosing a representative residing there :- 1st. A peti- endor tion to the Minister of Agriculture and Commerce. 2d. A description of the discovery, invention, or application, forming the subject of the petition. 3d. The drawings or specimens necessary for the elucidation of the description. And, 4th. A list of the documents deposited. .
ART. 6.-The demand, or petition, must be confined to one But one invenprincipal object, with the details thereof, pointing out the pur- tion can be apposes to which it is applicable. It must mention the term for plied for under
"one demand. which the petitioner wishes to obtain his patent, which must be Must stat within the limits fixed in Article 4, and must contain neither restric- term desired. tions, conditions, nor reservations. It must set forth a title, giving What lana correct and concise idea of the object of the invention. The guage--com description must not be written in any foreign language (i. e, it pers~--weights
rections of pamust be in French,) and must be written without any alterations or and measures. additions. All words which are struck through as wrong, must be How drawcounted and attested, and all corrections properly referred to.
od to Tings must be
It m ke must not contain any weights or measures other than those con- powers of Ata tained in the table annexed to the law of the 4th July, 1837. The torney. drawings must be in ink, and drawn to a scale. A duplicate of the description and drawings must be annexed to the petition. All the documents must be signed by the petitioner, or some person appointed by him, and, in the latter case, a document, empowering him, must be annexed to the petition. A ART. 7.—No application will be received, except on the produc- First fee must tion of a receipt, certifying the payment of a sum of 100 fr. on be paid on apaccount of the fees payable on the patent. A certificate or memo-phica
certificates randum, entered, free of expense, by the Secretary-General of the given. Prefecture, in a register kept for that purpose, and signed by the petitioner, will verify each application, pointing out the day and hour when the documents were deposited. A copy of this certificate or memorandum will be delivered to the person depositing, upon payment of the expense of the stamp.:
“Art. 8.— The patent shall date from the time of the deposit pre- Patent dates scribed in Article 5.
Section 2.—On the Delivery of Patents. Transmission Art. 9.-Immediately after the enrolment of the petition, and of papers to within five days from the date of the deposit, the Prefect will Ministers of Agriculture
transmit the documents, under the seal of the inventor, to the Minand Com ister of Agriculture and Conimerce, together with a certified copy
of the certificate or memorandum of deposit, the receipt verifying the payment of the tax, and, if necessary, the power or warrant
mentioned in Art. 6. Patents deliv. Art. 10.-On the arrival of the documents at the office of the ered in the Minister of Agriculture and Commerce, the demands will be opened order of date of application.
and enrolled, and the patents delivered in the order in which the
“ demands or petitions are received. Novelty not Art. 11.-Patents, which have been demanded in the regular examined or manner, will be delivered, without previous examination, at the guaranteed.
risk and peril of the inventor, and without guaranteeing either Of what the patent consists. the reality, novelty, or merit of the invention, or the correctness Cost of copies or sufficiency of the description. An order from the Minister, and certific verifying the regularity of the demand, will be delivered to the cates.
petitioner, and will constitute the patent. To this will be annexed in the certified duplicate of the description and drawings mentioned
in Art. 6, after it has been examined and found to agree with the original. The first copy of the patents shall be delivered free of expense. Any copy of which may be subsequently required by the patentee, or his assignees, will cost 25 francs. The expense of drawings, if any, will be defrayed by the patentee. www.cara pemba
ART. 12.-All demands or petitions which shall not be accord. mal will be ing to the formalities prescribed by Nos. 2, and 3, of Art. 5, and rejected, and
by Art. 6, will be rejected. One half of the sum paid will go to in certain the Treasury, but the whole of the sum will be allowed to the peticases.
tioner, if he presents his petition within three months from the time when notice is given to him that the patent is refused.
DED Art. 13.-When, under Art. 3, patents cannot be granted, the fees will be returned.
... tud o diagnos . Lists publish- ART. 14.-A list of all patents granted will be published every
"three months, by royal order, in the Bulletin des Lois. ; Prolongation. . Art. 15. The term of patents can only be prolonged by a law :!: made for that purpose. :
SECTION 3.-On Certificates of Addition.
2on FSSUINIEN Of additions, ART. 16.—The patentee or his assignees may, during the whole alterations and term of the patent, make any alterations, improvements, or addion original inal, tions, and for this purpose, must go through the formalities pre
trons, patent, tax, &c. scribed in Art. 5, 6, and 7. These alterations, improvements, or
additions, must be verified by certificates, delivered in the same form as the original patent, and will have the same effect, from the