Page images
PDF
EPUB

confirming the exclusive privilege of using those inventions during a limited term?

If this question be answered affirmatively, the following questions are submitted.

Question I. What are the inventions which can be protected by patents? Should patents be issued for such as have for their object to bring into use, 1. Material products previously unknown; 2. Material products previously known, but produced by means which were unknown or had never received the same application; 3. Machines, apparatus, instruments, tools, processes, and other material agents of industry which are new?

On the other hand, should patents be refused for inventions of which the products are immaterial, and do not require the employment of any means used in the arts and trades ?

Are there any exceptions to be made in either of these classes ?

II. Can the existing laws be modified so as to apply to the property in designs and models for manufactures ?

III. Should the invention of an improvement in a pre-existing branch of industry be entitled to any protection ?

What protection should it receive ?

IV. Should a patent be given in France for the improvement of a foreign art previously unknown?

What privileges should be granted by such patents ? Should there be a distinction made between the introduction of processes and improvements in the arts, known in the foreign country, though unknown in France; and the introduction of such processes and improvements kept secret in the foreign country?

V. What should be the form of a petition for a patent? What ought it to contain ? To what officer should it be addressed ?

VI. Should patents be subject to any previous examination, before they are issued ?

VII. Should any mode be adopted by which a third person may be enabled to oppose the issuing of a patent?

VIII. In what manner should patents be issued ?

IX. What forms ought patentees to be obliged to go through, where after their patents are issued, they are desirous of making changes or additions in their inventions ?

X. Should petitions for patents be made public ?
XI. Ought the descriptions of patented inventions to be made

so?

XII. Should the publication be optional or obligatory? Should there be any exceptions to it? How, and at what time should it be made ?

XIII. What ought to be the precise time when the patentee's term should commence ? Ought the time for the commencement of the term and of the exercise of the right to be the same ?

XIV. What ought to be the duration of a patent right?

XV. Can the term of a patent be prolonged ? and in what cases ? by whom and in what form of proceeding?

XVI. Ought patents to be subjected to the payment of a specific tax ? and to what amount?

XVII. At what time or times should it be payable ?

XVIII. What persons ought to be able to become original patentees or proprietors of patents ?

XIX. What should be the rights of patentees ?

XX. In order to maintain the rights granted by patent, shall any distinctive mark be required to be placed on the products of patented inventions ?

XXI. In what manner should partial or total assignments of patents, and licenses to use patents, be required to be made ?

XXII. What shall be recoverable by patentees in case their rights are violated ? XXIII. For what causes shall patents be annulled or forfeited ?

XXIV. Before what judges shall actions for the annulling or forfeiture of patents, and those for invading the rights of patentees, be brought, and what is the best mode of proceeding ?

XXV. What should be the effect of a judgment in regard to a patent?

XXVI. What shall be the penalties incurred by contraventions of the law of patents ?

XXVII. Is it expedient to provide for inventors a procedure, like the Caveat used in England, by which they can by declaration, record, or other authentic act preservative of their rights, fix a certain date for the first result of their meditations and researches, until they bring their inventions to a sufficient degree of maturity to claim a definitive title ?

Works on the Subject of Patents for Invention. An Essay on the law of patents for new inventions, etc., by John Dyer Collier. London. 1803.

The Law and Practice of patents for inventions, by William Hands. London. 1808.

A Collection of the most important cases respecting patents of inventions and the rights of patentees, etc., by John Davies. London. 1816.

A practical Treatise, on the law of patents for inventions and of copyright, etc., by Richard Godson. London. 1823. A Compendium of the law of patents for inventions, by W.

London. 1826. An Essay on the law of patents for new inventions, by Thomas Green Fessenden. Boston. 1822.

Traité des Brevets d'invention, par A. Ch. Renouard, 1825; chez A. A. Renouard, libraire, rue de Tournon, ne 6. VOL. IV. -----NO. VII.

27

H. Wyatt.

Encyclopédie progressive; Brevets d'invention, par le même, 1826.

De la législation et de la jurisprudence concernant les Brevets d'invention, etc., par Théodore Regnault, 1825; chez Delaunay, Ponthieu, et Dentu, libraires, au Palais-Royal.

Quatre articles sur le Caveat, par le même, dans le Journal hebdomadaire des arts et métiers de l'Angleterre, 1826, n°8 54. 59; deuxième année, tome V, 4° et ge cahiers, n os 69, 70, 71 réunis; deuxième année, tome VI, 6e cabier; et nos 72, 73, 74, 75 réunis; deuxième année, tome VI, 7e et dernier cahier.

Theses on admission to degrees in Law in Paris. We learn from the Themis of 1829, that the Faculty of law of Paris have directed that instead of some short comments on a few texts of the Code Civil, the candidates for the degree of either licenciate, or doctor, of law, shall read before the faculty an essay upon some legal subject, which, say the conductors of the Themis, will give an opportunity to the aspiring and more able students to enter upon practice with some eclat. The editors propose to explain, at some future time, why the pupils have attached so little importance to giving any public testimonials of their proficiency at the time of their being admitted to practice. It appears, however, that some students have heretofore, on this occasion, read dissertations by which they gained a good deal of reputation.

This practice seems to be a relic or revival of the readings of old times on these occasions, which have gone out of fashion in England, and which have, we believe, never been in use in the United States.

Legal subjects proposed for discussion in the Netherlands in 1829. We learn from the Themis

, of 1829, that the different faculties of law in the Netherlands have proposed the following subjects for discussion at their recent academical sessions.

At Liege, the subject proposed is, What is the true doctrine of the Roman law of negligence? (laches)

At Ghent. Whether the government has a right to prohibit suicide, and whether the laws enacted to this effect are suitable and expedient for this purpose.

At Louvain. The doctrine of Von Savigny, concerning rents.

At Groningen. An historical exposition of the doctrine of the Roman law on property and the modes of acquiring it.

At Leyden. A Comparison of the present Monetary System of the Netherlands, with that of the late Belgian Republic, together with a succinct exposition of the principles of political economy in relation to this subject.

At Utrecht. The coincidences and diversities of the ancient Roman, and the modern law of contracts.

New Law Work in Chili. It was stated in the New York Journal of Commerce, of Feb. 5, that J. J. de Mora, Principal of the Lyceum of Chili at Santiago, a gentleman admirably qualified for the undertaking, has been for some time past engaged in preparing a general system of Law, which promises to be of immense utility to the Republics of the South. His principal object has been, to free the science from its obscurities and useless incumbrances, which only embarrass and deform it, and to avail himself of the improvements suggested by Bentham, Compte, De Lolme, Campomanes, Pardesus, Azuni, Lampredi, and other eminent writers whom it would be tedious to mention. He has also endeavored to accommodate his doctrines to the new political organization of the Spanish American States, where legislation, especially in its civil branches, is distracted between the recent innovations of liberty, and the ancient and often contradictory principles of the Spanish Law.

The work is to consist of seven volumes; the first of which, on Natural Rights and the Law of Nations, was to be published on the first of January, 1830, and the others at intervals of one year, or sooner if practicable. The second volume is to treat of Roman Law; the third and fourth, of Civil and Criminal Law; the fifth, of Commercial Law; the sixth, of Canonical or Ecclesiastical Law; the seventh, of Political Economy and Constitutional Law. Judging from the table of contents, which we have before us in detail, it will be a work of sterling value, and in the opinion of good judges, will become the standard authority on the subject of which it treats, in all the new Republics.

Abolition of the Suttee Rite in India.

A. D. 1829. Regulation xvii. A regulation for declaring the practice of suttee, or of burning or burying alive

the widows of Hindoos, illegal, and punishable by the Criminal Courts. Passed by the Governor in Council, on the 4th December, 1829.

1. The practice of suttee, or of burning or burying alive the widows of Hindoos, is revolting to the feelings of human nature; it is no where enjoined by the religion of the Hindoos as an imperative duty; on the contrary, a life of purity and retirement on the part of the widow is more especially and preferably inculcated, and by a vast majority of that people throughout India the practice is not kept up nor observed; in some extensive districts it does not exist; 'in those in which it has been most frequent, it is notorious that in many instances acts of atrocity have been perpetrated which have been shocking to the Hindoos themselves, and in their eyes unlawful and wicked. The measures hitherto adopted to discourage and prevent such acts have failed of success, and the Governor General in Council is deeply impressed

with the conviction that the abuses in question cannot be effectually put an end to without abolishing the practice altogether. Actuated by these considerations, the Governor General in Council, without intending to depart from one of the first and most important principles of the system of British Government in India, that all classes of the people be secure in observance of their religious usages so long as that system can be adhered to without violation of the paramount dictates of justice and humanity, has deemed it right to establish the following rules, which are hereby enacted to be in force from the time of their promulgation throughout the territories immediately subject to the Presidency of Fort William.

2. The practice of suttee, or of burning, or burying alive, the widows of Hindoos, is hereby declared illegal, and punishable by the Criminal Courts.

3. First, All Zemindars, Taleokdars, or other proprietors of land, whether Malguzaree, or Lakberak; all Sudder farmers, and Under-rulers of land of every description; all dependent Talookdars; all Naibs and other local agents; all native officers employed in the collection of the revenue and rents of land on the part of Government, or the Court of Wards; and all Munduls, or other head men of villages, are hereby declared especially accountable for the immediate communication to the officers of the nearest police station, of any intended sacrifice of the nature described in the foregoing section; and any Zemindar, or other description of persons above noticed, to whom such responsibility is declared to attach, who may be convicted of wilfully neglecting or delaying to furnish the information above required, shall be liable to be fined by the Magistrate, or joint Magistrate, in any sum not exceeding 200 rupees, and in default of payment to be confined for any period of imprisonment not exceeding six months.

Second. Immediately on receiving intelligence, that the sacrifice declared illegal by this regulation, is likely to occur, the Police Darogah shall either repair in person to the spot, or depute his Mohurbir or Jemadar, accompanied by one or more Kurkendazes of the Hindoo religion, and it shall be the duty of the police officers to announce to the persons assembled for the ceremony, that it is illegal, and endeavor to prevail on them to disperse, explaining to them that, in the event of their persisting in it, they will involve themselves in a crime, and become subject to a pun. ishment by the criminal courts. Should the parties assembled proceed, in defiance of these remonstrances, to carry

the ceremony into effect, it shall be the duty of the police officers to use all lawful means in their power to prevent the sacrifice from taking place, and to apprehend the principal persons aiding and abetting in the performance of it; and in the event of the police officers being unable to apprehend them, they shall endeavor to ascertain

« PreviousContinue »