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- By the grace of God, we, Alexander the 1st, Emperor and Autocrat of all the Russias, &c. &c.
Regard being had to the petitions which have been presented to us, relative to the privileges accorded for different inventions and discoveries in arts and manufactures, and desirous of establishing a permanent order which may reconcile the interests of individuals with the emulation of the inventors and the public advantage.
After having heard the opinion of the Council of the Empire,
1.- Of the Purport of Privileges for Inventions and Discoveries.
Art. 1.- The privilege accorded for inventions and discoveries Privilege in arts and manufactures, is a certificate, which states that the set forth in a invention therein-mentioned has been in due time presented to certificate. the government as the property of the person named in the said privilege. .
Art. 2.-In granting such a privilege, the government does not Does not warwarrant that the invention or the discovery belongs in fact to the rant the person who makes the application, but certifies only the peculiari. invention. ties of the invention or discovery at the time of its presentation.
ART. 3.—The privilege conceded by the government does not Patentee can take from any one the right to prove, according to law, that the be made to invention or the discovery therein-mentioned does not belong to prov the person who has presented it as his own.
ART. 4. But until this proper ownership has been legally brought What is securin question, the person who has obtained the privilege has claims ed to the to the following rights :
,, the above 1. He may, during the time specified by the privilege, avail himself of the invention or discovery as an unalterable and exclusive property.
2. Introduce this discovery or invention, employ it himself, or
sell it to others, as well as make over or transfer the privilege itself.
3. To prosecute before the tribunals every infringer, and recover from him an indemnity for all losses which he may have sustained.
4. Every production, exactly like in all its parts to the invention or discovery, shall be esteemed an infringement, even when some modifications, of little importance, and foreign to the essential parts:
thereof, shall have been introduced into it. Covenants Art. 5.-At the same time the person who desires a privilege made by shall be bound, patentee. 1. To present to the government an exact description of his
invention or discovery, with all the essential details ; the way of using it, its manipulation, with the plans and designs which belong to it, without concealing any thing which may have relation to its effective execution.
2. To pay the charge fixed for the privilege. Ir description ART. 6.-There shall be no privilege granted for the discoveries, be defective. of which the exact and detailed description above-mentioned shall
not have been given. Must be use- Art. 7.-In like manner there shall be no privilege granted for fal and not those objects which are neither of advantage for the state or to the state.
to individuals, and which may have an injurious tendency to either. Foreign inven- Art. 8.-Privileges may be granted for inventions and distions patented. coveries made in foreign parts, but of which the detailed descripi tion has not been published, and of which the use has not been
introduced into Russia. Must be new Art. 9.-Privileges granted for the like introductions and appliin the king: cations have the same force as thoso conceded for inventions made dom.
in Russia, so long as it shall not be proved that the object invented had been introduced into Russia before the privilege, and been put in practice there, or that during the time when the petition was presented to demand the privilege, this invention had been described in the public papers or in books, so that the object might be perfected and put to work without the new description.
II.-Order to pursue in Granting the Privileges. To whom peti. . Art. 10.--The person who desires to obtain a privilege ought tion must be to present a petition to the Minister, annexing thereto the descripmade. tion mentioned in the 5th Art., which ought to specify the advan
tage to be derived from this invention or discovery. Petition pré- ART. 11.-The Minister of the Interior, after having examined sented to the petition in the Council of his Ministry, and after being conCouncil of the vinced that the invention or discovery may really be of some utility, Empire.
presents in that case only his opinion to the Council of the
Empire. Examination : ART. 12.-Whilst examining the petition presented for the pur
pose of obtaining a privilege, the Ministry of the Interior is bound to ascertain to inform itself, in the first instance, if a privilege has not been if a prior patalready granted for the like inventions or discoveries ; and in the on
- ent has been case where there shall be more than one'petition for the same dis
e granted. covery, the privilege is to be granted to him who has first presented himself, and the later petitions to be rejected.
III.-Form of the Privileges. Art. 13.—The privilege, or patent, is to bear–1. The name of Subscriptions, the inventor. 2. The date of the presentation. 3. The descrip-signatures, tion of the invention. 4. The term of the privilege. 5. The and seals. charge to pay for it. 6. The signature of the Minister of the Interior. 7. The seal of the Ministry of the Interior. '
Art. 14.-The privileges are to be written on parchment, and Engrossed on the expenses to be comprised in the charge to be paid for obtain- parchment. ing them.
· IV.-Of the Term and Charge. Art. 15.—The privileges are to be granted, according to the Term of grant. request for the same, for three, five, and ten years, but not longer. .
ART. 16.-The charge to be received for three years, 300 Tax. roubles. For five years, 500 roubles. For ten years, 1500 roubles.
V.-Of the nullification of the Privileges. Art. 17.-The privileges are to be suspended-1. Through the When aneffluxion of the term.
nulled. The actual charges for patents of invention are, for three years, 300 roubles, or £15; for five years, 500 roubles, or £25; for ten years, 1500 roubles, or £75.
For patents of importation, or objects already patented elsewhere--for four years, 800 roubles, or £40; for five years, 1000
roubles, or £50; for six years, 1200 roubles, or £60. · Patents of importation are never granted for a longer term than six years. I
2. If it shall be proved before the Tribunals that the same inven- Want of tion or discovery, at the time that the petition to obtain a privilege novelty. on account thereof was presented, had been described in the pub
lic papers, or in works which have appeared in Russia, or else· where, so that it may be put in practice without a new description.
3. If it shall be proved before the tribunals that the invention If before or discovery has already been introduced into Russia in a manner introduced. exactly similar before the grant of the privilege.
4. If it shall be proved that it is impossible to attain the aim If unsuccess proposed in following the description published, even according to ful. .. the direction of the inventor.
When expir. 5. The expiration of the term of the privilege is to be immedied, to be made ately published by the Ministry of the Interior, in the Gazettes of public.
the two capitals, and then all have a right to use the discovery for which the privilege has been granted.
VI.-Of the Proceedings before the Courts of Law. How conflict- Art. 18.—Questions relative to privileges are to be examined ing parties are in the Council of the Ministry of the Interior, to which shall be to be heard.
associated skilful persons according to the choice of the parties, ,
voices. May appeal. Art. 20.—The opponents may appeal against the judgment to
the Senate, where the affair is to be decided according to the estab
lished order. Date of law. Art. 21.—All the regulations of this ukase are in full vigor front
the date of its publication.
Signed, in the original, by the proper
ALEXANDER. • Printed at St. Petersburg by the Senate,
Ist July, 1812. His Imperial Majesty has deigned to confirm, and order to be put in execution, the opinion of the Assembly-General of the Council of the Empire concerning the affairs relative to privileges, and remaining without decision by reason of the non-presentation of the information required.
For the President of the Council
of the Empire, (Signed,)
Prince Alexis KOURAKIN. 24th April, 1829.
RELATING TO LETTERS PATENT.
· The dispositions, which regulate in Bavaria the grant and rights
Instruction of the
28th December, 1835. ART. 50.—The patent is a guarantee to the patentee of the exclu- Exclusive sive use and profit of his discovery, according to the terms of the right guarandescription, and for the period therein-mentioned.
teed. . ART. 51.--The patentee has the right, in submitting to the regu- of manufactulations of police, to form establishments for the working of his dis- ring, assign
tion all the extent it is capable of. ments, trans
he extent it is capable of ; fers. &c. . to employ therein such processes and means as he may think expedient; to form dépôts for its products; to take to himself partners ; to assign his patent, in whole or in part, according to the forms established by law. Every transfer of the patent ought to . be notified to the Minister of the Interior. · Art. 52.-A patent for an improvement does not give any right Patents of ad
*dition. to the patentee as to the principal object to which this improve-di ment applies; and in the case where the principal object shall be patented, the patentee shall have no right over the improvement.
ART. 53.—The manufacture or sale of a patented product with- Goods can be out the consent of the patentee, affects his rights; and he may, in seized for in-.
fringement. consequence, claim the interposition of the Judicial Police, in order" to put an end to the infringement, and obtain the provisional seizure of the products which are the objects of his patent, whether they are found at the manufacturer's, or his depositories, or come from a foreign country.
Commencement, Duration, Expiration, and Tax of Patents. ART. 54.—The maximum of the duration of patents is fixed at Longest term fifteen years. It commences from the day of the warrant of the ang title; nevertheless, the action of the patentee against the counter