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Hereafter, when an applicant for Letters Patent, residing in the United States, intends to avail himself of the provisions of the International Convention, he must :
First.–File his application in Italy within the prescribed time, viz., within seren months from the date upon which he filed his first application for patent.
Second.--He must file a special request that the right of priority afforded by the Convention be accorded him.
Third.—He must file a certified copy of the foreign patent upon which his application is based, or, if no patent has been issued, a certified copy of such application, or a legalized (certified) Certificate (a certificate issued und the hand and seal of the Commissioner of Patents will be sufficient), setting forth the fact that an
application for patent has been filed, stating the full name, address and occupation of the inventor, the title of the invention, and the date (year, month, day and hour) upon which the application was filed. This document must be legalized by an Italian Consul. The following is the full text of the decree containing these requirements:
BY THE CONVENTIONS STIPULATED BETWEEN ITALY AND OTHER COUNTRIES FOR THE
ART. 1. Whoever has regularly filed in Germany or any of the countries which have adhered to the Convention of Paris of March 20, 1883, an application for a patent for an inven. tion, for a useful model (Gebrauchsmuster), or for an industrial model or design, or for a trade mark, may, when fling a similar application in Italy, request that the right of priority which he intends to claim according to Art. 4 of said Convention, or of Arts. 3 and 4 of the Italo-German
provided he complies with the requirements of the following articles:
ART. 2. The application in Italy must be filed-
(a) Within three months from the date of the first application filed abroad, in the case of industrial designs or models, useful models ( Gebrauchsmuster), or trade marks;
(0) Within six months from the date of the first application filed in one of the countries which have adhered to the Convention of Paris of March 20, 1883, in the case of a patent for an invention :
(c) Witbin three months from the date of issue or grant of the patent of invention when the application has been made in Germany.
ART. 3. For countries beyond the sea the terms of three and six months, referred to under (a) and (b) in the preceding article, are extended one month respectively.
Art. 4. To the application for a patent of invention, trade mark, industrial model, or design, in Italy, it is necessary to annex all the documents prescribed by the respective Italian Laws of October 30, 1859, No. 3731, and August 30, 1868, Nos. 4577 and 4578.
“ The undersigned having already filed a similar application in (country). on (date)........
as shown by the annexed document, prays that in the Italian Letters Patent, which forms the object of the present application, be inserted the claim of the rights of priority of which he intends to avail himself according to the Convention of Paris, of March 20, 1883, or the Italo-German Convention of January 18, 1892."
(2) To the application for obtaining the rights mentioned in the preceding article the foreign Letters Patent, or legal (certified) copy of same, must be annexed, or w ben it is stated that the patent has not yet been granted, a legalized certificate of the country in which the first application was filed, which certificate or Letters Patent must show the generalities of the applicant, the title of the object filed, and the exact date (year, montb, day and hour) of the first deposit.
Art. 5. The certificate mentioned under No. 2 of the preceding article, for the applications made in Germany, may be substituted by the Official Gazette (Reichsanzeiger) of the German Empire, or other official publications of the German Imperial Patent Office (Kaiserliches Patentamt) containing the required indications.
ART. 6. The Special Office for Industrial Property (patent office), after having ascertained that the formalities prescribed by the preceding articles have been complied with, will insert in the Letters Patent one of the following notes, according to whether the foreign patent is or has not yet been granted :
(a) The nominee of the present Letters Patent bas furthermore presented the documents prescribed by the Regulation approved by Royal Decree of January 16, 1898, No. 37, in order to prove that for the (object)...
........, he has already filed in (country).. under date of (date).....
.an application for Letters Patent, and that the same has been granted to him under date of (date).....
.....No. (number) ...... and this for the purpose of availing himself in Italy of the rights of priority conferred by the Convention of Paris of March 20, 1883, or by the Italo-German Convedtion of January 18, 1892;
(6) The nominee of the present Letters Patent has furthermore presented the documents prescribed by the Regulation approved by Royal Decree on January 16, 1898. in order to prove that for the same (object)... ........, he has already filed in (country).. under date of (date)....
......an application for Letters Patent, which has not yet been granted, and this for the purpose of availing himself in Italy, after the foreign patent shall have been granted, of the rights of priority conferred by the Italo-German Convention of January 18, 1892.
Seen by order of H. M. The King.
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APPLICATIONS UNDER INTERNATIONAL CONVENTION,
Applicants for trade mark protection in Italy, who wish to a vail themselves of the right of priority guaranteed by the provisions of the International Convention, will hereafter be required :
First.-To file their application within the prescribed time, (Four months for trade mark owners in the United States, counting from the date upon
which they filed their application for registration in the United States Patent Office).
Second.-Make a special request in their application that this right of priority be accorded them. Third.--If their trade mark is already registered in the United States, file &
certified copy of the certificate of registration, or, if not so
registered, a certified copy plication for registration, or a certificate showing that such application has been filed, containing a description of the trade mark, the full name, address and occupation of the applicant, and the date (year, month, day and hour) upon which the application was filed. This document must be legalized by an Italian Consul. Solicitors desiring to see the text of the decree containing these requirements are referred to our Addenda No. 42 (Italy-Patents).
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While there is no special law establishing a Patent Office, and providing for the issue of patents, nevertheless the Prince, by and with the consent of the Council of State, has the power to grant protection to inventors,
Application for protection is made by petition, directed to the Prince of Montenegro and the Council of State, accompanied by a specification and drawings describing and illustrating the invention. If the invention is considered novel, and it is believed it will be useful in the country, a special edict will be issued, granting the desired protection, and prescribing the conditions and term of the grant. The protection afforded is good, and the edict may be strictly enforced. The duration of the grant is fixed by the Prince, and varies according to the supposed importance of the invention, and the benefits it is likely to afford to the country.
Montenegro has concluded treaties for the reciprocal protection of industrial property with Great Britain, France and Italy.
DOCUMENTS REQUIRED. 1. Power of Attorney, signed by the applicant, and legalized by a Russian Consul.
2. Specification in Duplicate, no signatures required.
3. Drawings in Duplicate, on tracing cloth, any suitable size. No signatures required.
Forms and statement of charges will be furnished upon application.