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observed, these presents; and to the magistrates of the Consulate of Turin, to enrol them; it being our will, that the copies printed at the Royal Printing-office should be regarded as authentic. .
Given at Turin, the 28th February, 1826, and in the sixth year of our reign.
· ROYAL DECREE,
Art. 7th of the Royal Decree of the 28th February, 1826, for the
Albeit, that we always remain in the firm intention of not granting particular privileges, but to those authors alone, designated in the first article of our Decree of 28th February, 1826, and that for objects really worthy from their well-established utility; we are willing also, on the other hand, that those who have already obtained the grant of any privilege, may also the more easily preserve the enjoyment thereof. To this end, we have judged it right to prolong the term fixed for the enrolment and publication of those privileges; and to modify at the same time some other dispositions of the same Decree.
In consequence, we have, by these presents, and of our full authority, and with the advice of our Council, ordered as fol
lows :Term of Art. 7 Art. 1.—The term of three months fixed by the 7th Art. of our extended. Decree of the 28th February, 1826, is extended to six months
from the grant of the privilege. Amendments ART. 2.--The enrolment of these letters patent shall no longer respecting take place at the Tribunals of Commerce of the Duchy of Genoa. enrolments.
Henceforward it shall be sufficient that they shall be enrolled by
limited to the respective parts of our territories. Shall be pub- ART. 3.—These letters - patent shall be published in the chief lished in the towns of the provinces alone, and shall be obligatory in all the comchief towns.
munes which are dependent thereon. of proofs of ART. 4.-The proofs and the notice, of which mention is made
in 8th, 10th, and 11th Arts. of our Decree above-mentioned, shall be furnished only by the Senate of Genoa, and the Consulate aforesaid, which shall transmit forthwith to our Department of the Inte
rior the information prescribed in the 12th Art. Patentees of ART. 5.-Those who, after the publication of the Manifesto of former inven- the Consulate of Turin, of date 6th March last, shall have obtained
in the grant of any privileges, or a prolongation of those privileges, form within a certain time." of which the expiration has been declared in the same Manifesto,
and which shall not have as yet fulfilled all the formalities of the enrolment and publication prescribed by our Decree of 1826, may supply the same by conforming themselves, to the end of April next, to the dispositions of the present Decree, without prejudice, however, to the rights of third parties acquired before the public cation of these presents.
· Art. 6.-All the other dispositions of our Decree of 1826, which All other acts are not specially derogated from by these presents, shall be main-to remain in
force. tained to their full effect.
We order and command, &c.
RELATING TO LETTERS PATENT.
CONCERNING patents granted in the Roman States for invention, improvement, and importation, they may be extended over the
entirety of the said States, or restricted to one part only.
1st. A new kind of important cultivation.
They may be granted for every useful improvement added to improvements. inventions already known, and practised in the Roman States. Patents for They may be granted in two cases, to wit: importations. 1st. For the introduction of inventions already patented in foreign
countries, and of which the privileges are still extant.
2nd. For the introduction of inventions known and practised • freely in foreign countries, but not yet practised or known in the
Roman States. What persons Every individual, citizen of the States of the Pope, or foreigner, may obtain
man or woman, minor or major, may obtain patents of invention, patents.
improvement, or importation, on fulfilling the formalities prescribed for the concession of these titles.
Persons invested with patents in the Roman States, may afterwards, and without compromising their privileges, take out patents
in a foreign country. Duration of Patents of invention and improvement are granted for a lapse the privilege. of time which varies from five to fifteen years. Extent of the The Government takes into consideration the importance of the privilege, invention or improvement, the amount of the expense of the first
establishment, and the advantages which may be derived therefrom, in order to extend the privilege through all the Roman
States, or to restrict it to a part only of those States. Prolongation Every individual having obtained a privilege of less than fifteen, of the privi. or of less than five years, may obtain a prolongation of it, proporlege.
tioned to its original duration, either when he shall prove serious and unforeseen damages experienced in the working thereof, or in case it shall be deemed that such a prolongation may be of public utility.
There ought to be formed a request containing the designation Formalities to of the discovery, invention, method, or improvement in question, full in order indicating the advantage which the State may expect from it, and, patents. if need be, what damages may result from it to public or private interests.
This request ought to be accompanied by a description, in duplicate, of the invention, discovery, &c., sufficiently clear and complete, in order that this invention may be put in practice by any cultivator or manufacturer. The whole is to be covered with an envelope, closed with the seal of the petitioner, and indicating the date of the day of the presentation, and the summary object of the request. This pacquet is to be deposited in the hands of the local authority, which is bound to countersign the indication of the above date, and may neither retard or refuse the visa, which once affixed,
establishes the priority of the discovery. The pacquet is then · transmitted to the Government, which causes the patent to be drawn up, to be published in the Diario di Roma, and notified to the Cardinals, and Prelates of the Legations. • The patent granted shall be proof in law as well of the fact of Rights of the the concession, as of the date of the privilege, without warranting patentee. either the merit or the utility of the invention which is the object thereof..
The patentee, from the date of the publication of his patent, shall have the exclusive right to put his discovery in practice without any person being allowed to interfere with him in the enjoyment of the same during all the term thereof.
He may, besides, during all the term of his patent, exercise his right therein, as in any other sort of property, assign it to another, associate with himself third parties for the working of it, and make partial concessions thereof. He shall have the right to prosecute, hefore the Tribunals, all counterfeiters, and to have them condemned in damages. The objects declared confiscated shall be one moiety for the benefit of the patentee, the other for the benefit of the informer, or of the Government.
He is bound to set to work his invention within the year of its Obligations of grant; and not to suspend the same during the space of a year the patentee. pending the term of his privilege.
He is bound to pay the tax for the grant of his privilege, which ought to take place in two parts: the first, on receiving his title ; the second, within the first month of the second half of the duration of his privilege.
The tax is fixed at so much a year, without any difference be- Tax for tween the patents of divers duration; it varies, besides, according patents. as the patent is for an invention or an importation. This tax is ten Roman crowns a year for patents of invention or improvement, and fifteen Roman crowns a year for patents of importation.
They may be brought by every individual, who, for default of Actions for a priority, or any other cause, may wish to contest the patentee's forfeiture. right of property; but these actions must be brought within the
space of six months from the date of the patent, after which they
shall not be allowed. . . Causes of The patent granted shall cease to be of any effect, as well in forfeiture.
regard to the patentee, as with reference to third parties, in the following cases.
1st. If it is judged that the discovery may be injurious to the security, safety, and advantage of the public.
2nd. If it is judged that the pretended discovery was not new in the Roman States, at the epoch of the request for a patent.
3rd. If the method or the improvement were already known through the press, or had been in other countries the object of a patent of invention, without this circumstance having been declared in the request of the petitioner.
4th. If in the description presented, the petitioner is found to have dissembled, altered, or falsified any of the means necessary, . useful, or more economical in the application of the invention.
5th. If a year has elapsed since the publication of the patent without the discoveries having been put in practice, or if the execution has been suspended during the like space of time. .
6th. If the patentee suffers a month to elapse after the term fixed without paying the tax.
7th. If the examination of the samples, taken each year by the · local authorities, shall make evident an alteration in the cultivation
or manufacture of the patentee.' Cessation of After the expiration of the privilege, or in case of its forfeiture, the privilege. the description is to be made public, and notified in the Legations
and Sub-Legations, and the industry which has been patented becomes of free use in all the Roman States.