2nd. If the discovery, invention, or application is not according to article 3, such as may be protected; 3rd. If the discovery, invention, or application, is contrary to the order or safety of the public, to good manners, or the laws of the kingdom, without reference to the penalties which may be incurred for the manufacture or sale of prohibited articles; 4th. If the description attached to the brevet is not sufficient for the execution of the invention, or if it does not indicate, in a complete and intelligible manner, the true meaning and intention of the inventor; and 5th. If the brevet has been obtained contrary to the provisions of article 7.

32. No discovery, invention, or application, shall be considered new, which in France or abroad, anterior to the date of the deposit of the demand, shall have received, either by means of printed publications, or in any other manner, a sufficient publicity to enable persons to execute it.

33. A patentee shall be deprived of all his rights,—1st. If he has not put his invention or discovery into operation in France, within the time fixed by article 20, or if he ceases to work it for more than one year; 2nd. If he introduces into France articles manufactured in a foreign country, similar to those protected by his brevet.

SECTION II.

Of Actions of Nullity and Forfeiture.

Art. 34. Actions of nullity and forfeiture may be instituted by any interested parties.

These actions, and also all disputes relative to patent rights, shall be carried before the "tribunaux civils de premiere instance.”

35. If the action be brought against one or more partial assignees, and against the nominal holder of the brevet, it shall be carried before the tribunal of the place of residence of the latter.

36. The affair shall be conducted and judged in the form prescribed, for summary matters, by the 405th, and following articles of the code of civil proceedings. It shall be communicated to the "Procureur du Roi."

37. In all those cases where a judgment or decree, declaring the nullity or forfeiture of a patent right, shall have acquired the strength of a decision,-and in the case alluded to in No. 3, of article 31, the public ministry may pray that the brevet be declared null and void.

38. In every case, arising from the execution of the foregoing article, the public ministry shall include, in the cause, all assignees and licenses of the brevet, whose titles shall have been registered with the ministry of Agriculture and Commerce, conformably to article 22.

39. When the absolute nullity or forfeiture of a patent right has been pronounced by judgment or decree, having the force of an adjudged decision, notice thereof shall be given to the Minister of Agriculture and Commerce, and the nullity or forfeiture shall be published in the form determined by article 14, with reference to the publication of brevets.

FIFTH HEAD.

Of Infringement and the Penalties thereon.

Art. 40. Any attack against the rights of a patentee, whether by the manufacture of the article, or by the employment of the means forming the subject of his brevet, constitutes the crime of infringement.

Whoever shall be found guilty of this crime, shall be punished by a fine of from 100 fr. to 2000 fr.

41. Those who shall have knowingly sold, or exposed for sale, or introduced into the French territory, one or more counterfeit articles, shall be punished by a fine of from 25 fr. to 500 fr.

42. In case of a second offence, he shall be sentenced, besides the fine named in the two last articles, to imprisonment for from one to six months, for the case mentioned in article 40, and from eight days to two months, in the case alluded to in article 41.

It shall be considered a second offence, when the party has been found guilty of any of the offences mentioned in this law, within the five preceding years.

43. Article 463, of the penal code, may be made applicable to the above mentioned offences.

44. An action for the imposition of the above penalties, can only be instituted by the public authorities, on the complaint of the party aggrieved.

45. If the accused sets up, as his defence, the plea of nullity or forfeiture, or raises questions relative to the ownership of the patent right, the tribunal shall suspend the decree, and send the cause at once before the competent civil tribunal, within a time, which shall be determined by their judgment.

46. The proprietor of a patent right may, by virtue of an order of the president of the "tribunal de premiere instance," commence proceedings, by directing any officer to make an inventory or detailed description of the articles supposed to be counterfeits, with or without seizing the same.

The said order shall be granted merely on applying for the same, and producing the brevet.

When it is necessary to seize the articles, the said order may compel the plaintiff to give bail or security, before proceeding to do so.

There shall be left with the party possessing the articles described or seized, a copy of the order, and also of the certificate verifying the deposit of the bail, if such deposit be made; in default of which, the proceedings shall be of no effect, and damages shall lie against the officer.

47. In default of the plaintiff proceeding, either in the civil or correctional court, within the space of eight days, besides allowing one day for every three "myriametres" of distance between the place where the articles described or seized are found, and the dwelling of the party infringing, the seizure or description shall be of no effect, without prejudice to the damages.

48. The confiscation of articles acknowledged to be counterfeits, and, if necessary, of instruments or utensils destined specially for their manufacture, shall be declared against the counterfeiter, importer, or seller.

The confiscated article shall be delivered to the proprietor of the brevet, without prejudice to more ample damages, if such should be awarded.

SIXTH HEAD.

49. Royal ordinances containing regulations of public administration, shall fix the necessary arrangements for the execution of the present law, which shall not come into operation until six months after the promulgation thereof.

50. From the same period, the laws of 7th January, and 25th May, 1791; 20th September, 1792; 17th vendemiaire of the year 7; 5th vendemiaire of the year 9; the decrees of 25th November, 1806; and 25th January, 1807; and all previous regulations relating to brevets of invention, importation, and improvement, are repealed.

List of Disclaimers

OF PARTS OF INVENTIONS AND

Amendments

MADE UNDER LORD BROUGHAM'S ACT.

(Continued from page 67, Vol. XXII.)

Miles Berry,-disclaimer and memorandum of alterations to patent dated 5th October, 1833, for "certain improvements in the construction of weighing machines,"-being a communication from a foreigner residing abroad. Filed 22nd February,

1843.

List of Patents

Granted by the French Government from the 1st of October to the 31st of December, 1840.

(Continued from page 71, Vol. XXII.)

PATENTS FOR FIVE YEARS.

Lefebre, Fiévet, and Co., of Turcoing, for an improved weighing machine.

Legendarme, of Paris, for an improved circular saw.

Lefage, of Paris, for the application of steam to the killing of bugs.

Levalleux, of Lille, for improvements in stretchers.

L'heureux, of Bolbec, for an improved drying apparatus.
Mariage, of St. Quintin, for a woollen fabric, imitating lace.

Mathieu, of Paris, for improvements in fire-arms.

Mathieu Varnier and Mathieu Chauffour, of Ay, for a machine for cutting into leaves ornamental wood, used for veneering. Maublanc, of Paris, for a new locomotive.

Mauduit, of Falaise, for improvements in stocking frames.
Meeus, of Brussels, for a machine for threshing corn.

Migeot, of Paris, for iron-fastenings, for Persian blinds.

Millington and Sanderson, of Rouen, for a composition for greasing machines.

Millot, of Paris, for a machine for loading and unloading heavy goods.

Minie, of Paris, for a process for priming fire-arms.

Montviguier Monnet, of Paris, for an hydraulic interceptor, used

in water-closets.

Moriceau and Leroy, of Mouy, for an improved spinning card. Mottet, of Paris, for a machine for cleaning hats.

Mucastiale, of La Guillotière, for a mechanical rail, for drawing ships out of water.

Muller and Merger, of Versailles, for a varnish without color, for pictures.

Murdoch, of London, for improvements in steam-engines used for navigation.

Ochin, of Lille, for wood paving.

Pareillet, of Chalons sur Saône, for a new horse collar.

Pascal, of St. Mandé, for elastic wheels for carriages.
Pernel, of Paris, for a new kind of gilding.

Perrillot, of Paris, for a gauze tissue, for ladies' bonnets.
Perrier, of Trèves, for a rotary pump.

Place, of Paris, for improvements in taps and kennels.
Planche and Dusse, of Paris, for improvements in castors.
Poisot, of Dijon, for an improved lamp burner.

Potonne, of Sevres, for a cylindrical gleaning apparatus.

Puys and Pieux, of Paris, for improvements in the making of buttons.

Radfort, of Sneinton, for improvements in rail-roads.

Ragault, of Paris, for an apparatus to prevent the falling of horses, when set to carriages of four wheels.

Ramel, of Paris, for improved boats, for conveying liquids without any barrels.

Ringé, of Paris, for a new lock.

Robin, of Paris, for improvements in buckles.

Rolland, of Sens, for the means of producing bees' wax.

Roman, of Lyons, for a pharmaceutic sugar-plum.

Rossin, of Paris, for a new steam-engine.

Ronaze, of Marseilles, for anapparatus for guarding against rocks

at sea.

Rochu, of Paris, for an improved water-closet.

VOL. XXII.

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