must be very accurate.

Drawings and 2nd. By a plan, or model, with a description and explanation of specification the invention, specifying what is the mechanism, or particular process, which it presents, and which has not yet been put in practice. The whole set forth with the greatest precision and clearness, in such a manner, that at no time there may be any the least doubt as to the identity of the invention, nor as to the particularity which it presents as not having yet been practised. The privilege cannot be granted but upon these conditions.

Of models,

ART. 8.-The models ought to be sent in a box, closed and drawings, &c., sealed; the plans, descriptions, explanations, and other details, equally to be inclosed and sealed. In both cases, the whole ought to bear a superscription conformable to Model 3.

how endorsed and sealed up.

To whom packet addressed, and how subscribed.

Where docu

ART. 9. The Intendant shall write under this superscription, 'Presented,' sign it with his initials, seal the box, or the pacquet, and hand to the party interested a certificate of deposit; as also a dispatch, by which he will address to my Secretary of State, or to persons in his department, in such a manner that the party interested, or some other in his name, may take charge of the whole.

ART. 10. When I shall find it good to grant the Royal Patent ments sent and of Privilege, the said documents shall be transmitted to my Supreme opened. Council of State, which is now charged with the affairs, which were formerly examined by the General Junta of Commerce, Currency, and Mines, there the boxes and pacquets shall be opened, and the documents required by the 7th Art. being found therein, the Royal Patent of Privilege for the case in question shall be delivered conformably to Model 4.

Patent taxes.

When patent

ART. 11.-Before the delivery of this patent, the parties must present a receipt, certifying that they have paid to the Royal Conservatory of Arts the following sums:

For a privilege of five years, 1000 reals vellon, say 107. sterling. For a privilege of ten years, 3000 reals vellon, say 301. sterling. For a privilege of fifteen years, 6000 reals vellon, say 607. sterling.

For a privilege of introduction, or importation, 3000 reals vellon, or 301. sterling.

There shall be paid, besides, 80 reals (16s.) for the cost of the grant of the Royal Patent.

ART. 12.—When the patent shall be delivered, the documents, granted, docu- inclosed and sealed as aforesaid, shall be remitted to the Royal Conservatory of Arts, and shall remain there deposited in a place destined for that purpose: they shall not be opened but in case of

ments re

sealed and

sent to the

Royal Conser- dispute, and by the order of a competent judge.
vatory of
Arts.

Grants pub

lished.

ART. 13.-The grants of patents shall be published in the Madrid Gazette.

ART. 14.-In conformity with the provisions of the 6th and 21st There shall be Arts. of the Royal Ordinance of 1824, instituting a Royal Consera public regis- vatory of Arts, there shall be opened in that establishment.a Register, in which all the Royal Patents of Privileges which have been granted shall be inscribed in order of date; with mention of

try of all patents.

the date, names, pre-names, and domicile of the party interested, of the object of the patent, and the time for which it shall have been granted. This register shall be shown to all persons who desire to see it.

ART. 15.-The possessor of a privilege shall enjoy the use and Rights posexclusive property of the invention for which it shall have been sessed under the patent. granted (without its being permitted to any person to apply or practise it without the consent of the proprietor of the patent,) whether for the whole or for the part, which he shall have declared to be new, and not to have been put in practice before in these kingdoms, according to the manner in which he shall have presented his invention in the models, plans, and descriptions, which he shall have deposited, in order to be produced in evidence at any time.

shall com

mence,-con

ART. 16.-The ownership shall date from the day and the hour When patent of the presentation of the pieces to the Intendant; and in the case where two or more persons shall have solicited a patent for the same invention, that of him who shall have been the first to present ants. the pieces shall alone be available.

flicting claim

ART. 17.—The right conferred by the patent may be transferred, Of transfers. given, sold, or exchanged, and left by will, in the same way as any other sort of personal property.

ART. 18.-Every transfer ought to be effected by a public act, How made. purporting whether the transfer of the right is extended to the whole kingdom, or only to one or many provinces, to cities, or particular districts; if the transfer, or renunciation, 'is absolute, or contains a reservation of the use of the privilege in favour of the proprietor; if the transfer comprises the right to transfer it anew, or not; and if the possessor has already transferred his privilege to one or more persons.

ART. 19. The person who makes the transfer shall be bound Must be registo address a notice thereof in Form to the Intendant, before whom tered. the presentation for obtaining the patent shall have been made.He, after having taken cognizance of the transfer, shall transmit this notice to the Council of State, who shall make a like communication to the Royal Conservatory of Arts, in order that the same may be entered in the register, of which mention is made in the 14th Art. The transfer shall be void if the notice is not remitted to the Intendant within thirty days after its execution. ART. 20.-The duration of the privilege shall be computed from Terminates the date of the Royal Patent.

with patent.

ART. 21. The effect of this Royal Patent shall cease, and the When patent privilege become null and without force

1st. When the period fixed by the grant shall have elapsed. 2nd. When the party interested shall not present himself in order to receive the Royal Patent within three months from the day on which he shall have presented his petition.

3rd. When he shall not have made use of the invention for which the patent has been granted, either on his own account, or

annulled.

that of another, within a year and a day after the date of the patent.

4th. When the party interested abandons the invention; that is to say, when he ceases to make use of it for a year and a day without interruption.

5th. When it is proved, that the invention has been previously applied in any part of the kingdom, or it has been described in printed books, or in engravings, paintings, models, plans, or descriptions, to be found in the Royal Conservatory of Arts, or when it shall have been executed, or established, in another country, whilst the party interested shall have presented it as new and his own invention.

ART. 22. When the duration of the grant of the privilege shall have run out, the Director of the Royal Conservatory of Arts shall make known the day of such expiration to the Council of State, and the latter shall declare its cessation.

ART. 23.-In all other cases of cessation which have been mentioned, a competent judge shall proceed, at the request of any party whatever, to the examination of the affair; if the cessation is proved, the judge shall give notice to the Council of State, in order that the cessation of the privilege may be publicly declared.

ART. 24.-The judges who take cognizance of these matters shall be the Intendants in their respective provinces; the requests or complaints shall be addressed to the Intendant of the province where the defendant resides: the appeals shall be carried before the Council of State.

ART. 25.-When a privilege shall have been declared null for one of the causes mentioned in Art. 21, the box or pacquet of pieces deposited at the Royal Conservatory of Arts shall be opened by the Director of that Institution, and the whole shall be exposed to the inspection of the public. The cessation shall be announced in the Gazette.

ART. 26. The possessor of a privilege obtained under any title shall have the right to cite and prosecute before the Tribunals any one who shall invade his right. The Intendant of the province where the defendant resides, shall take cognizance of these causes, and the appeals shall be carried before the Council of State.

ART. 27. The fact being proved, the offender shall be condemned to the confiscation of all the machines, apparatus, utensils, and works of art, made in violation of the patent; and to the payment of a fine equal to three times the value of the said objects, according to a valuation to be made by a competent person, the whole to the profit of the possessor of the patent.

ART. 28. The patents granted before this epoch shall remain in force according to the conditions of the grants; those which have been granted with a reservation that the conditions thereof shall be regulated by this royal decree, shall be subject to the pro- . visions thereof.

Signed with my royal hand, at the Palace, 27th March, 1826.
To DON LUIS LOPEZ Ballasteros.

UNITED STATES STATUTES

RELATING TO LETTERS PATENT.

An Act to promote the progress of Useful Arts, and to repeal all
Acts and parts of Acts heretofore made for that purpose.

Be it enacted by the Senate and House of Representatives of the Organization United States of America in Congress assembled, That there shall of the patent office, and its be established and attached to the Department of State an office government. to be denominated the Patent Office, the chief officer of which shall be called the Commissioner of Patents, to be appointed by the President, by and with the advice and consent of the Senate, whose duty it shall be, under the direction of the Secretary of State, to superintend, execute, and perform all such acts and things, touching and respecting the granting and issuing of patents for new and useful discoveries, inventions, and improvements, as are herein provided for, or shall hereafter be, by law, directed to be done and performed, and shall have charge and custody of all the books, records, papers, models, machines, and all other things belonging to said office. And said Commissioner shall receive the same compensation as is allowed by law to the Commissioner of the Indian Department, and shall be entitled to send and receive letters and packages by mail, relating to the business of the office, free of postage.

cers, and their

SEC. 2. And be it further enacted, That there shall be in said of clerks and office an inferior officer, to be appointed by the said principal offi- inferior officer, with the approval of the Secretary of State, to receive an salaries. annual salary of seventeen hundred dollars, and to be called the Chief Clerk of the Patent Office, who, in all cases during the necessary absence of the Commissioner, or when the said principal office shall become vacant, shall have the charge and custody of the seal, and of the records, books, papers, machines, models, and all other things belonging to the said office, and shall perform the duties of Commissioner during such vacancy. And the said Commissioner may also, with like approval, appoint an examining clerk, at an annual salary of fifteen hundred dollars; two other clerks, at twelve hundred dollars each, one of whom shall be a competent draughtsman; one other clerk, at one thousand dollars; a machinist, at twelve hundred and fifty dollars; and a messenger,

Cannot take or hold any interest in patents.

Officers must

formance of duties.

at seven hundred dollars. And said Commissioner, clerks, and every other person appointed and employed in said office, shall be disqualified and interdicted from acquiring or taking, except by inheritance, during the period for which they shall hold their appointments, respectively, any right or interest, directly or indirectly, in any patent for an invention or discovery which has been, or may hereafter be, granted.

SEC. 3. And be it further enacted, That the said principal officer, give bonds for and every other person to be appointed in the said office, shall, faithful perbefore he enters upon the duties of his office or appointment, make oath or affirmation truly and faithfully to execute the trust committed to him. And the said Commissioner and the Chief Clerk shall also, before entering upon their duties, severally give bonds, with sureties, to the Treasurer of the United States, the former in the sum of ten thousand dollars, and the latter in the sum of five thousand dollars, with condition to render a true and faithful account to him or his successor in office, quarterly, of all moneys which shall be by them respectively received for duties on patents, and for copies of records and drawings, and all other moneys received by virtue of said office.

Patent and

record seal

cost of certi

fied copies of documents.

and claims.

SEC. 4. And be it further enacted, That the said Commissioner shall cause a seal to be made and provided for the said office, with such device as the President of the United States shall approve; and copies of any records, books, papers, or drawings, belonging to the said office, under the signature of the said Commissioner, or, when the office shall be vacant, under the signature of the Chief Clerk, with the said seal affixed, shall be competent evidence in all cases in which the original records, books, papers, or drawings, could be evidence. And any person making application therefor may have certified copies of the records, drawings, and other papers deposited in said office, on paying, for the written copies, the sum of ten cents for every page of one hundred words; and for copies of drawings, the reasonable expense of making the

same.

What a patent SEC. 5. And be it further enacted, That all patents issuing from shall contain- said office shall be issued in the name of the United States, and specification under the seal of said office, and be signed by the Secretary of State, and countersigned by the Commissioner of said office, and shall be recorded, together with the descriptions, specifications, and drawings, in the said office, in books to be kept for that purpose. Every such patent shall contain a short description or title of the invention or discovery, correctly indicating its nature and design, and in its terms grant to the applicant or applicants, his or their heirs, administrators, executors or assigns, for a term not exceeding fourteen years, the full and exclusive right and liberty of making, using, and vending to others to be used, the said invention or discovery, referring to the specifications for the particulars thereof, a copy of which shall be annexed to the patent, specifying what the patentee claims as his invention or discovery.