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Such documents shall be duly legalized and an authenticated translation of them may be required.

Certificates granted by the Presidents or Directors of Offices of States forming part of the International Union for Industrial Property shall, however, be exempt from legalization, and they may also be substituted from official publications under seal and certification of the Office from which they originate.

The documents mentioned above shall in all cases be subject to stamp fee by reason of the dimensions of the sheet, in conformity with Arts. 2, No. 4, and 24, Sec. 4, of the Law of July 4, 1897, No. 414.

(f) a list of the documents presented in support of the application, if such documents are not already listed in the same application.

Art. 4. He, in favor of whom the assignment of right of a patent for design or model has taken place, shall present or have presented at one of the Offices indicated in Art. 2 the title from which the assignment results and a note in two copies on stamped paper of L.1.20, containing:

(1) the name and surname and domicile of the applicant and of the attorney, if there be one;

(2) the name and surname of the owner of the patent and indication of the number and of the date of the corresponding certificate;

(3) indication of the rights transferred, declaring whether it is a matter of a total or partial assignment;

(4) the date and the nature of the title and, if it is a matter of a public instrument, indication of the notary who has received it and the date and the number of its registraton in the Registry Office.

When there is an attorney, the power of attorney in due form should be included.

With the notes shall be included the receipt from which is shown the pay ment made at one of the Receivers of Registry of the tax of L. I.

With the same formalities may be requested, by whoever has interest, the registration of changes differing from assignments.

II.

REGISTRATION OF APPLICATIONS; PUBLICATION AND ALLOWANCE OF CERTIFICATES. Art. 5.The officials empowered with the receipt of applications and of docu. ments mentioned in the preceding Articles shall make minutes of them, which shall be entered in a corresponding register, and there signed by him who presents the application, and which shall indicate the day and the hour of the presentation, the name of the applicant and of his attorney; the domicile of the applicant or of the attorney, if there be one, in the city where the deposit is made; the title of the design or model; and, in case of application for entry of assignment, also the name and surname of him who transfers the patent.

Art. 6. The applications deposited regularly shall be numbered in the order of their arrival at the Office of Intellectual Property, and registered in the same order in the corresponding register, in which shall be entered the information contained in the minutes. In the same register shall be entered note of the result of the application.

Applications that have not been presented at one of the Offices indicated in Art. 2 or for which regular minutes have not been taken, shall be returned.

Art. 7. The applications shall be examined by the Office in order to make certain that the prescriptions of the law and of the present regulation have been observed.

Of the applications regularly requested, memorandum shall be made in the corresponding register.

Art. 8. The patents registered shall be published in the Gazetta Ufficiale of the Kingdom: from the date of the publication the term of two years mentioned in Art. 2 of the law commences to run.

The publication of the patent shall take place at latest within a term of one year from the date of the presentation of the application.

cant.

Art. 9. Publication being made, the certificate shall be granted to the appli

Other copies that may be requested, as a result of the same certificate, shall be granted on prior payment of L.10, which shall be made with a Receiver of Registry.

Notice shall be given in the Bollettino della proprietà industriale of certificates granted.

Art. 10. The register, according to Art. 7, shall contain for each patent: (1) the serial number;

(2) the name, surname, the residence or the domicile of the applicant or the denomination and the location, if it is a matter of a society, an association, or a corporation;

(3) the serial number, the place of presentation of the application, and the date on which it was deposited, from which date the patent commences to have effect;

(4) the title of the design or of the model;

(5) indication of the date of the prior deposit made abroad, the name of the depositor and the number of the patent, whether it was allowed, when the priority of the said deposit is claimed, or indication of the number, of the period elapsed and the duration of the patent allowed, and the name of the applicant when the introduction of the patent into the Kingdom is requested;

(6) the date of the publication in the Gazzetta Ufficiale of the Kingdom; (7) the date of the allowance of the certificate.

The information mentioned in Nos. 1 to 5 shall be mentioned in the notice of the patent in the Gazzetta Ufficiale.

In the register shall also be entered, in relation to each patent, the successive changes, made known in accordance with Art. 4, the annulment of the patent and the withdrawal of the application.

The entry of the assignment or of the changes of the patent shall be certified on one of the notes presented, which shall be returned to the applicant along with the instrument, on which shall be endorsed memorandum of the presentation. Art. 12. Certificate of patent shall be refused in the following cases:

(a) if the patent has not for object a model or design for the manufacture of industrial products;

(b) if the model or design be contrary to law, to morality, or to public order. (c) if in the act of deposit there be lacking the written application or the

reproduction of the model or design or the receipt for the tax paid;

(d) if certificate for several designs or models have been requested by a single application.

Before refusing the certificate the opinion of the competent section of the Commission of Appeals, mentioned in Art. 17, may be requested.

Art. 13. If, in the opinion of the Office, the application for certificate of patent has to do with several designs or models, the Minister may, instead of refusing

the patent, suspend the registration and invite the party interested to limit the subject of the application to a single design or model, or to subdivide the same application into as many applications as there are designs or models to be protected, by completing the payment of the taxes.

Art. 14. The registration shall be suspended when any of the other formalities established in the law or regulation have not been fulfilled.

Art. 15. Notice of the refusal or of the suspension, with the reasons for these, shall be given to applicants or to their attorneys, with the action taken, at the domicile indicated in the application, by means of the messengers of the Prefecture.

Art. 16. Within fifteen days following the notice the applicant or the attorney may make good the deficiencies that has occasioned the suspension, or appeal against the suspension or against the rejection. The appeal shall be considered as not taken if there is not included the receipt of the deposit of L. 50 made at a Receiver of Registry.

Art. 17. The examination of appeals is entrusted to the Commission which examines appeals in the matter of industrial patents, which shall proceed in accordance with the rules established by the law for industrial patents and by the regulation for its application.

Art. 18. If the opinion of the Commission shall be favorable to the appellant, the registration shall take place and the deposit made shall be refunded.

In the contrary case the registration shall be definitely refused and the deposit shall go to the Treasury.

Art. 19. Applications for certificates of patent for models and designs may be withdrawn at any time before the publication is made in the Gazzetta Ufficiale. The fee paid shall not, in any case, be refunded.

III.

PRESERVATION AND CONSULTATION OF DOCUMENTS; CONSULTATION OF REGISTER.

Art. 20. The register in which are noted the patents and their successive changes may be consulted by the public on authorization of the Chief of the Office.

Art. 21. The Office shall hold at the disposal of the public, for inspection, after three months from the allowance of the certificate, the graphic reproduction of the model mentioned in the application. It shall not, however, be permitted to take a copy of it, unless by the owner of the patent, as long as it remains in force.

Art. 22. The copies and extracts of the register of patents for designs and models shall be made under supervision of the Office after regular application. For copies, extracts, and certificates, respectively, the provisions of Art. 19, Nos. 17, 21, and 38 of the law concerning stamps of July 4, 1897, No. 414, shall be observed.

Art. 23. All sentences rendered at law pronouncing nullity or annulment, in an absolute manner, of a patent for designs or models shall be reported by intermediary of the Public Minister to the Office of Intellectual Property which shall enter the decree in the register of patents and shall publish it in the Bollettino della proprietà intellettuale. (From Bollettino della proprietà intellettuale, 1914, 1o Trim., p. 9.)

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It is hereby ordered that after June 1, 1914, the Examiners make special every application which has been pending for five years or longer and every application purporting to be a division or a continuation of an application which has been on file more than five years. After September 15, 1914, no amendment or other paper presented by or on behalf of the applicant in any such application shall be entered without having been first called to the attention of the Commissioner. On September 16, 1914, each Examiner shall report to the Commissioner what applications falling under this order are pending in his division.

(Signed) THOMAS EWING, Commissioner,

Patents. Delayed Applications. Order No. 2,134, Amending Order No. 2,107. 203 O. G., 303.

DELAYED APPLICATIONS.

(Order No. 2,134.)

DEPARTMENT OF THE INTERIOR,

UNITED STATES PATENT OFFICE,

Washington, D. C., May 28, 1914

Order No. 2,107, dated March 12, 1914, is hereby amended to read as follows: It is hereby ordered that after June 1, 1914, the Examiners make special every application which has been pending for five years or longer and every application purporting to be a division or a continuation of an application which has been on file more than five years. After November 30, 1914, no amendment or other paper presented by or on behalf of the applicant in any such application shall be entered without having been first called to the attention of the Commissioner. On December 1, 1914, each Examiner shall report to the Commissioner what applications falling under this order are pending in his division.

(Signed) THOMAS EWING,

Commissioner.

Food and Drugs. Labels. Guarantee. Amendment of Regulation 9. Decision No. 153, Effective May 1, 1915.

UNITED STATES DEPARTMENT OF AGRICULTURE,
OFFICE OF THE SECRETARY.

FOOD INSPECTION DECISION NO. 153.

AMENDMENT TO REGULATION 9, RELATING TO GUARANTIES BY WHOLESALERS, JOBBERS, MANUFACTURERS, AND OTHER PARTIES RESIDING IN THE UNITED STATES TO PROTECT DEALERS FROM PROSECUTION.

Regulation 9 of the Rules and Regulations for the enforcement of the Food and Drugs Act, June 30, 1906 (34 Stat., 768), is hereby amended, effective May 1, 1915, so as to read as follows:

REGULATION 9. GUARANTY.

(Section 9.)

(a) It having been determined that the legends "Guaranteed under the Food and Drugs Act, June 30, 1906," and "Guaranteed by (name of guarantor), under the Food and Drugs Act, June 30, 1906," borne on the labels or packages of food and drugs, accompanied by serial numbers given by the Secretary of Agriculture, are each misleading and deceptive, in that the public is induced by such legends and serial numbers to believe that the articles to which they relate have been examined and approved by the Government and that the Government guarantees that they comply with the law, the use of either legend, or any similar legend, on labels or packages should be discontinued. Inasmuch as the acceptance by the Secretary of Agriculture for filing of the guaranties of manufacturers and dealers and the giving by him of serial numbers thereto contribute to the deceptive character of legends on labels and packages, no guaranty in any form shall hereafter be filed with and no serial number shall hereafter be given to any guaranty by the Secretary of Agriculture. All guaranties now on file with the Secretary of Agriculture shall be stricken from the files, and the serial numbers assigned to such guaranties shall be canceled.

(b) The use on the label or package of any food or drug of any serial number required to be canceled by paragraph (a) of this regulation is prohibited.

(c) Any wholesaler, manufacturer, jobber, or other party residing in the United States may furnish to any dealer to whom he sells any article of food or drug a guaranty that such article is not adulterated or misbranded within the meaning of the Food and Drugs Act, June 30, 1906, as amended.

(d) Each guaranty to afford protection shall be signed by, and shall contain the name and address of, the wholesaler, manufacturer, jobber, dealer, or other party residing in the United States making the sale of the article or articles covered by it to the dealer, and shall be to the effect that such article or articles are not adulterated or misbranded within the meaning of the Federal Food and Drugs Act.

(e) Each guaranty in respect to any article or articles should be incorporated in or attached to the bill of sale, invoice, bill of lading, or other schedule, giving the names and quantities of the article or articles sold, and should not appear on the labels or packages.

(f) No dealer in food or drug products will be liable to prosecution if he can establish that the articles were sold under a guaranty given in compliance with this regulation.

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