I. — Statuts révisés

(Seclions 4929 à 4933.) (3)

Patents for designs authorized.

Sec. 4929. — Any person who, by his own industry, genius, efforts and expense, has invented and produced any new and original design for a manufacture, bust, statue, alto-relievo, or bas-relief; any new and original design for the printing of

(1) Le décret royal espagnol du 21 août 1884 est encore en vigueur à Cuba, mais avec les modifications qui y ont été apportées par les ordonnances et décrets américains.

Aux Philippines, il existe des circulaires émanant du département de la guerre qui, pensons-nous, doivent être combinées, comme pour Cuba, avec l'ancienne législation espagnole.

(2) Ce sont les lois américaines qui sont applicables, l'ancienne législation ayant été abolie.

(3) La section 4934 est relative aux taxes.

woolen, silk, cotton, or other fabrics; any new and original impression, ornament, patent, print, or picture to be printed, painted, cast, or otherwise placed on or worked into any article of manufacture; or any new, useful and original shape or configuration of any article of manufacture, the same not having been known or used by others before his invention or production thereof, or patented or described in any printed publication, may, upon payment of the fee prescribed, and other due proceedings had the same as in cases of inventions or discoveries, obtain a patent thereof.

Models of desig^is.

Sec. 4930. — The Gommissioner may dispense with models of designs when the design can be suflficiently represented by drawings or photographs.

Duraéion of patents for designs.

Sec. 4931 . — Patents for designs may be granted for the term of three years and six months, or for seven years, or for fourteen years, as the applicant may, in his application, elect.

Extension of patents for designs.

Sec. 4932. — Patentées of designs issued prior to the second day of March, eighteen hundred and sixty-one, shall be entitled to extension of their respective patents for the term of seven years, in the same manner and under the same restrictions as are provided for the extension of patents for inventions or discoveries, issued prior to the second day of March, eighteen

hundred and sixtv-one.

Patents for designs sitbject to gênerai yndes of patent laïc.

Sec. 4933. — Ail the régulations and provisions which apply to obtaining or protecting patents for inventions or discoveries not incontestent with the provisions of tliis Title, shall apply to patents for designs.

(4 février 1887.)

(Feb. 4, 1887 )

Unauthorized use ofpatented design imlawfuL

Penalty, — Suifs,

Be it enacted by the Senate and House of représentatives of the United States of America in Gongress assembled, That hercafter, during the term of letters patent for a design, it shall be unlawful for any person other than the owner of said letters patent, without the license of such owner, to apply the design secured by such letters patent, or any colorable imitation thereof, to any article of manufacture for the purpose of sale, or to sell or expose for sale any article of manufacture to which such design or colorable imitation shall, without the license of the owner, hâve been applied, knowing that the same has been so applied. Any person violating the provisions, or either of them, of tins section, shall be liable in the amount of two hundred and fifty dollars ; and in case the total profit made by him from the manufacture or sale, as aforesaid, of the article or articles to which the design or colorable imitation thereof, has been applied, exceeds the sum of two hundred and fifty dollars, he shall be further liable for the excess of such profit over and above the sum of two hundred and fifty dollars ; and the full amount of such liability may be recovered by the owner of the letters patent, to bis own use, in any circuit court of the United States having jurisdiction of the parties, either by action at law or upon a bill in equity for an injunction to restrain such infringement.

Remedy by existing law not impaired.

Sec. 2. — That nothing in this act contained shall prevent, lessen, impeach, or avoid any remedy at law or in equity which ony owner of letters patent for a design, aggrieved by the

DESSINS ET MODÈLICS — 10

infriiigement of the same, might hâve had if this act had uot been passed ; but such owner shall not twice recover the profit made from the infringement.

Approved, February 4, 1887.

Outre celles dont le texte précède, signalons les dispositions suivantes :

ni. — Règlement du Patent Office de 1897.