« iepriekšējāTurpināt »
Colonial Secretary, and open to public inspection without fee.
234. OTHER LEGAL PROVISIONS.-False statement in declaration punishable as perjury. Invention not publicly used or known before application to file specification, or known only by fraudulent means, to be deemed new invention. Exclusive jurisdiction vested in the district court of Colombo. Causes of forfeiture: Invention not new; petitioner not the inventor; invention not described in specification; fraud in petition or specification; false statement in petition; fraudulent misdescription of part of invention in specification. Actual inventors entitled to assignment of an exclusive privilege fraudulently obtained.
XXI. Cuba, Porto Rico, and the Philippine Islands.
235. Law, DATE, AND WHERE RECORDED.—Royal decree of the 30th July, 1833. (See Commissioners of Patents' Journal, vide supra 71, No. 498, An., 1858.)
236. KINDS OF PATENTS.—Letters patent for inventions, improvements, and importation, (the latter under certain restrictions when relating to agriculture.) Letters patent to be taken up by their owner within three months of application.
237. DURATION.-Patent for invention, five, ten, and fifteen years; patent for importation, five years; extension, five years for patent of invention of five years, to be reckoned from the day of delivery.
238. DOCUMENTS REQUIRED AND WHERE TO BE LEFT. A petition of the inventor, or his agent, addressed to the Governor General of Cuba, together with a correct de. scription, plan, or model, (all sealed up.) Grants of patents to be published in the government papers and in the Madrid Gazette.
239. GOVERNMENT FEES.-Patent of five years, $70 (pesos;) patent of ten years, $210 (pesos ;) patent of fifteen years, $420 (pesos ;) patent of importation, $210 (pesos; besides $8 for delivery of letters patent.
240. SPECIFICATIONS, INSPECTION OF.—Public register at the chambers of commerce. Specification and models open to the public after expiration of patent.
241. ASSIGNMENTS.-Certificates of assignments to be delivered within sixty days from their date.
242. WORKING.–Not to be interrupted for one year and one day.
SEC. 243. Law, date, and where recorded. 251. Specifications, inspection and 244. Kinds of patents.
copies of. 245. Previous examination.
252. List of patents delivered. 246. Duration,
253. Specifications published. 247. Government fees.
254. Originals of specifications, 248. Documents required, and where (models.) to be left.
255. Jurisdiction, local proceedings. 249. Working and prolongation. 256. Proceedings to obtain a patent. 250. Assignments.
257. Form of French letters patent.
248. Law, DATE, AND WHERE RECORDED.—Royal decree
of 5th July, 1844. (See Commissioners of Patents' Journal, vide supra 71, Nos. 228, 229, 947, 948, and 949.)
244. KINDS OF PATENTS.-Patents of invention and certificates of addition for France and the French Colonies granted to natives or foreigners residing or represented in France. (Certificates of addition preferably to the original patentee within the first year.)
245. PREVIOUS EXAMINATION.—None. Neither medicines nor financial schemes can be patented. Patent articles to bear the mark“ S. g. d. G.,'' (without guaranty of the Government,) under a penalty of from £2 to £40.
246. DURATION.–Five, ten, or fifteen years from the date of deposit. Foreign inventions according to the term of the original foreign patent.
247. GOVERNMENT FEES.-One hundred francs each year. In case of transfer, the whole term originally demanded must be paid at once.
Certificates of addition, twenty francs. (1 fr.=10d.)
248. DOCUMENTS REQUIRED AND WHERE TO BE LEFT.A petition of the inventor, or his proxy, to the Minister of Commerce and Public Works; a specification, (two copies,) drawings, (two copies,) on a metrical scale, or specimens; an acknowledgment of the receipt of one hundred francs paid to the Receveur Général; a memorandum of the various documents deposited at the secrétariat of the respective préfecture; at Paris, at the Hôtel de Ville. In the Colonies, three copies of said documents to be delivered to the Director of the Interior.
249. WORKING AND PROLONGATION.—Working within two years; not to be interrupted for two years. Prolongation only by a special law.
250. ASSIGNMENTS.-Made before notary public and
registered at the préfecture; a register also kept at the Ministry of Agriculture and Commerce. In the Colonies, assignments are registered at the office of the Director of the Interior.
251. SPECIFICATIONS, INSPECTION AND COPIES OF.-Inspection fee, at the Ministry of Commerce and Public Works; copies on payment of twenty-five francs; drawings extra; copies of certificates of addition twenty francs.
252. LIST OF PATENTS DELIVERED.-Published monthly within six months of the date of application; also in the Commissioners of Patents' Journal.
253. SPECIFICATIONS PUBLISHED.-After payment of the second annual fee, in full or in the form of extracts. Kept at the Secrétariat of the Préfecture of each Department, also at the Public Free Library of the Patent Office, together with alphabetical and subject-matter indexes of all the specifications published under the old law of 1791 and new law of 1844.
254. ORIGINALS OF SPECIFICATIONS, (MODELS.)—Deposited, at the expiration of the patent, in the library of the Conservatoire des Arts et Métiers.
255. JURISDICTION AND LOCAL PROCEEDINGS.-Actions to be tried before the Tribunaux Civils de Première Instance, according to article 405 and following of the Code Civil; in the Colonies, before the court of appeal. Fines for infringement, from £4 to £80, with seizure of the goods or machines, damages to the patentee, and costs of publication of judgment; in case of a second offense, imprisonment of from one to six months, according to article 463 of the Penal Code.
256. PROCEEDINGS TO OBTAIN A PATENT.—The appli
cant must deposit at the office of the Secretary of the Prefect of the Seine, (au Secrétariat de la Préfecture,) or in the provinces at the departmental prefectures, a sealed packet, containing the following documents, which must be in the French language, and without alterations or interlineations; any words erased must be counted and verified with the initials of the applicant and references to the pages; and when stating weights or measures those only must be employed which are decreed by the law of the 4th July, 1837:
1. A letter to the Minister of Agriculture and Commerce, containing a request for a patent.
2. A description of the discovery, invention, or application forming the subject of the patent.
3. A duplicate of the same.
4. The drawings or patterns necessary for understanding the description.
5. A duplicate of the same.
The request for a patent must be limited to one principal object, with its constituent details and proposed application.
It shall mention the number of years for which the patent is solicited, and contain neither restrictions, conditions, nor reserves.
It shall indicate by a title the summary and precise designation of the object invented.
The drawings must be traced in ink, according to a metrical scale.
All the documents must be signed by the applicant or his agent. An agent must be authorized by a written power of attorney. This power ought, according to the