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the improved invention, a patent, provided the same does not
Definition of: .: 1. When before the period of the deposit of the description of the nullity of the invention at the district office, .either
a patent. Another party has already applied for a patent for the same invention in the manner before prescribed. (Art. 145.)
When the patented object has already been used or fabricated, . either in this or a foreign country, without the protection of a patent of invention or importation; or is described in any printed publication so plainly that any competent person can, by means of the aforesaid description, make or use the same. . 2. When the inclosed description (Art. 145) conceals any ingredient of the invention on which the complete employment of the same depends, or fraudulently misrepresents what has been made available as the basis and object of the patented invention.
3. When it shall be proved by any other inhabitant of this country, that the discovery has been made by him, and that the patentee . has surreptitiously appropriated it to himself.
The regulation of No. 1, adrnits of the following limitation :
In case it is certain that the invention had been already made use of by a third party before the application for a patent, but that - such invention had been kept secret, then the patent granted sub- . sequent to such discovery shall remain in force, but shall not apply to the party who had made use of the object of the patent before the application for the same. .
Art. 159.-The patentee, who, with the intention to keep his Punishment invented process secret, after the expiration of the term of the for
f the for incorrect
the descriptions. patent, conceals or misrepresents, in the description given in, and essential part of his invention, is liable to punishment for the fraud; a •and if his invention be injurious to the public, to the further punishment incurred thereby. Art. 160.-An invention patent becomes void,
Extinction of 1. By reason of the expiration of the term for which it has been invention granted.
patents. 2: By voluntary renunciation of the rights thereby acquired.
3. If, after two years from the grant of the patent, the patentee has not, in this country, employed or carried on the object of the same; or if he has intermitted for two years the employment or carrying on of the same; unless he can, in either case, bring forward sufficient reasons for such non-cmployment or intermission of employment.
4. When the exercise of the patented trade is removed to a foreign country; and
5. When the preparation for which the patent has been obtained, or the means thereby intended to be employed, appears inconsistent with the existing laws.
Art. 161.-An importation patent becomes void, .. Extinction on i. For the same reasons as an invention patent...
2. When the patent, or one of the patents, by which an invert ion is protected in a foreign country, at the time of the grant of
the importation patent, has become of none effect. Publication.
ART. 162. The nullification or the extinction of a patent, when the latter takes place before the expiration of the published term
of the patent, shall be openly made known. Making ART. 163.-Every citizen, after the extinction of a patent, is
of the entitled to inspect the description accompanying the same. It is description.
1. left to the discretion of the Government to make known the descrip
tion by means of the public press.
:: STATUTES OF SARDINIA
RELATING TO LETTERS PATENT.
Royal Decree of the 28th February, 1826, by which His Majesty
orders certain régulations in respect to exclusive Privileges. i
CHARLES-Felix, by the grace of God, King of Sardinia, &c. &c. &c. • We are informed that, amongst the persons whom we have honoured and encouraged by the concession of exclusive privileges, there are some who neglect altogether, or retard beyond all reasonable delay, the setting to work of the machines, and putting into a state of activity the manufactures for which they have obtained a privilege ; and that, in consequence, industry in general derives no more any benefit from the protection and favour which we accord to the authors of useful discoveries, to those who improve them, or to those who are the first to import into our States the inventions which foreign countries enjoy. Wherefore, it appears to us right to enact certain measures, by means of which, while continuing efficiently to protect the inventors and importers of every useful art, native industry shall no longer have to suffer from the negligence pointed out above.
· Art. 1. The authors of discoveries, proper to create or improve Of exclusive any branch of industry, the importers into our States of useful privileges. foreign inventions, and the editors of works, which shall be deemed worthy thereof, may alone obtain a privilege.
We reserve to ourselves to recompense in another manner, if so be that they deservě it, the inventors or importers of discoveries, which, although likely to be of use, are not sufficiently important to merit the favor of a privilege. · Art. 2.Patents shall be only for a time; their duration shall Duration of be computed from the date of the patent of concessions, but they patents. shall not have effed with reference to the public but from the day of their publication.
ART. 3.-Requests for privileges shall be addressed by the inter- Petition and mission of our Secretary of State for the Interior. The request specification. shall contain the sort of industry or discovery which is to be the object of the privilege, the duration, and the place of working it;
and, besides, the demand shall be accompanied by models, designs, figures, or illustrations, which may suffice to convey a complete
and easy understanding of the thing. Models and ART4-When
ART. 4.-When the letters patent shall be granted, the models, designs sent to designs, figures, and descriptions above-mentioned, shall be sent Turin. to
to our Academy of Sciences at Turin, where they shall remain it. I deposited. Magistrates ART. 5.--The magistrates presiding over commerce, and all may demand bodies, who, by the nature of their functions, shall have it amongst contents of
communication of the same.'.;. When put in ART. 6.-In all patents granting a privilege. shall be fixed a period activity.
within which the works of industry, which constitute the object
of the patent, shall be put in execution. How, when Art. 7.—When the patents concede a privilege available and where throughout the whole 'extent of the State, they shall be recorded recorded.
at all the Consulates and Tribunals of Commerce ; but they shall be enrolled only at the Consulate of Turin, and the Consulate or Tribunal of Commerce of the district within which the privilege is restricted, when the same does not-extend beyond the prescribed part of the country. Besides, all patents granting privileges shall be published in the places, and according to the ordinary fornis, within three months from their dates, in default of which they
shall be of none effect. :''. ; ; · Must prove ART. 8.-Those who have obtained a privilege ought to produce
the putting of proof before the Consulate at Turin, and, besides, before the Conpatents in acti-sulate or Tribunal of Commerce of the district, in which they vity in time. and exercise their industry so privileged, that they have put it in opera
tion within the period fixed by the letters patent. Of previous Art. 9.-Persons who shall have obtained a patent before the grants.. date of these presents, and of which the duration has not as yet
expired, must, within the space of three months, conform them
selves to the conditions prescribed in the 7th and 8th Articles. . Must provę. ART. 10.--The grantees 'must in every year verify before the each year the Consulate or Tribunal of Commerce of the district, and in all continued use
to and cases before the Consulate of Turin, that they continue to maingive samples. tain in activity the particular branch of industry for which they
i have obtained a privilege, and that they have, besides, presented
and deposited at our Academy of Sciences at Turin, a sample of the manufacture of the preceding year, when the privilege has for
its object some fabric or manufacture, If manufacture Art. 11. When the products of the industry invested with a prove inferior, patent shall be found to be inferior, the Academy of Sciences at right void.
Turin shall apprise our Secretary of State for the Interior thereof; , and in case that the privilege extends to the entire State, the Min
ister shall give notice thereof to the Consulate at Turin, in order to have pronounced thereby the forfeiture of the same. If the privilege were limited to a part of the country, notice shall be given to the same end to the Consulate or Tribunal of Commerce of the district, always advising, besides, the Consulate at Turin.
ART. 12.-The Consulate of Turin, and the Consulates and Magistrates to Tribunals of Commerce of the district for which the privilege has report delin
quencies. been granted, shall make known regularly, and at the proper time, 4° to our department of the Interior, if the grantees have, or not, complied with the obligations imposed upon them by the patent. Those who shall not have complied therewith, and shall not have fulfilled the conditions prescribed by the 7th, 8th, 9th, and 10th articles, shall forfeit their privilege.
Art. 13.-At the expiration of the duration of the privilege, and Void and ex. at all times when the grantees shall have forfeited their rights, the pired patents, Consulate of Turin shall make it known to the public by publica-P
de certain places. tion; and every one may freely exercise the industry in question. When the question is about a privilege available only in a part of the State, besides the publication of the Consulate of Turin, there shall be a particular one made by the Consulate or Tribunal of Commerce of the district for which the privilege has been granted.
These publications shall always be inserted in the Piedmontese Gazette.
Art. 14.- The Consulates and Tribunals of Commerce are Of frauds. specially charged to take care that no fraud be committed to the prejudice of those who have obtained privileges.
ART. 15.-Our Academy of Sciences of Turin shall publish a The Academy list of privileges granted : mention shall be made therein of the of Sciences object and duration of such privileges. It is equally charged with the
lists, &c. the publication of the patents, the term of which shall have expired. This publication shall comprise the description of the processes of the industry, with the figures and designs necessary for the perfect understanding thereof.
ART. 16.-The epoch of the publication of these patents shall When made be fixed by our first Secretary of State of the Interior, who shall public. at the same time submit to us a way of meeting the expenses, which shall be required for the before-mentioned objects.
Art. 17.-Grants and renunciations in favor of third parties Assignmentsshall be null and void, whenever they shall not have been in the how made. first instance approved by us ; and in that case, the privilege, which shall have been the object of such grant or renunciation, shall be immediately regarded as revoked.
ART. 18.-We declare, exempt from the preceding conditions, Of authors. the authors of all books and designs, which shall be published in our States, in conformity with the laws in force in matter of the press. We will that they should enjoy the exclusive right of printing and selling their works during a period of fifteen years; on their making, nevertheless, an express declaration of a wish to avail themselves of this right; and on condition, that before every publication they shall have deposited a copy at the office of the Secretary of the Interior; and one also in each of the Libraries of the University of Turin, of our Academy of Sciences, and of our Archives of the Court. We order all, whose duty it is, to observe and cause to be