has been treated; that is to say, we are administering the same, and when it seems advisable to convert the same into money by liquidation or sale, that has been done.1 Respectfully yours, A. MITCHELL Palmer ENEMY INTEREST IN PATENTS, COPYRIGHTS, AND TRADE-MARKS File No. 811.54262/78a 2 The Secretary of State to the Ambassador in France (Sharp) 2 [Telegram] WASHINGTON, April 21, 1917, 5 p. m. 2193. The Department has under consideration the question as to whether it might be possible to effect an arrangement with the German Government, through appropriate channels, respecting patents, copyrights, and trade-marks, such arrangement to deal with the following matters: permission for the nationals of each country to file patent applications in the other, whatever may be their residence. the payment of fees required to preserve patent rights in Germany; regulations as to manufacturing of inventions required in some cases to preserve patent rights; the payment of royalties by the nationals of one country to the nationals of another. The Department desires. that you inquire of the French Government as to whether they have made any arrangement with enemy countries with a view to securing to their nationals the right to communicate with enemy nationals and to take the proper and necessary steps in connection with transactions of this character, and as to whether permission has been granted to French citizens to take such steps. Call attention in detail to all above-mentioned matters. Please report promptly to Department, by telegraph, any information you may be able to obtain. LANSING File No. 811.54262/91 The Ambassador in France (Sharp) to the Secretary of State [Telegram] 2081. Department's 2193, April 21. no agreement exists between France PARIS, May 8, 1917. [Received 7.30 p. m.] French Government reports and Germany and Austria 'This letter appears not to have been communicated to the Swiss Minister. 2 The same, mutatis mutandis, on the same date, to the Ambassador in Great Britain (No. 4742). (File No. 811.54262/78b.) Hungary concerning patents and trade-marks, war having severed all relations which international unions and private conventions had established between the belligerent countries. The law of May 27, 1915 (see my despatches Nos. 5195, February 23,1 and 5341, April 13, 19171) prescribes regulation to be followed in France regarding patents and trade-marks of enemy subjects. Article 6 of this law allows Frenchmen and enemy subjects to fulfill all formalities and all obligations with a view to safeguarding their industrial property rights. This article authorizes payment of royalties. SHARP File No. 102.62/50 The Department of State to the Swiss Legation MEMORANDUM The Department of State returns, herewith, the patent documents received with the memorandum of the Legation of Switzerland (X-c-19), Department of German Interests, dated May 9, 1917,1 and states that because of the state of war existing between the United States and Germany, the Department cannot transmit to the Commissioner of Patents papers relating to the patent applications of German subjects. WASHINGTON, May 18, 1917. Proclamation No. 1372, May 24, 1917, Authorizing Owners of Letters Patent Granted by the German Empire to Make Payments Required for Preservation of Their Rights BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION WHEREAS, the laws of the German Empire provide that letters patent granted or issued to citizens of other countries shall lapse unless certain taxes, annuities or fees are paid within stated periods; AND WHEREAS, the interests of the citizens of the United States in such letters patent are of great value, so that it is important that such payments should be made in order to preserve their rights; Now, THEREFORE, I, WOODROW WILSON, President of the United States of America, by virtue of the powers vested in me as such, hereby declare and proclaim that citizens of the United States owning letters patent granted or issued by the German Empire are hereby authorized and permitted to make payment of any tax, annuity or fee which may be required by the laws of the German Empire for the preservation of their rights in such letters patent. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed. DONE at the city of Washington, this 24th day of May, in the year of our Lord Nineteen Hundred and Seventeen and of the [SEAL] Independence of the United States, the One Hundred and Forty-first. By the President: ROBERT LANSING, Secretary of State. File No. 811.54262/128a WOODROW WILSON The Acting Secretary of State to the Ambassador in Great Britain (Page)1 [Telegram] WASHINGTON, June 16, 1917, 4 p. m. 5009. On May 24, the President issued a proclamation permitting American citizens owning letters patent granted or issued by the German Empire to make payment of any tax, annuity, or fee which may be required by the laws of the German Empire for the preservation of their rights in such letters patent. It is presumed that American owners of German patents will take advantage of the President's authorization by sending funds for payment of taxes to Germany through correspondents in neutral contiguous countries. Please bring the matter to the attention of the British Government and request assurances that such funds will not be detained by the censors. POLK File No. 811.542/76 The Attorney General (Gregory) to the Secretary of State 9-17-7-1 WASHINGTON, July 2, 1917. SIR: I am in receipt of your letter of June 27, 1917,2 enclosing a copy of a letter from Murray & Murray, patent attorneys, with reference to the payment of fees and annuities on patents in Germany. 1 The same, mutatis mutandis, on the same date, to the Ambassador in France (No. 2361). 2 Not printed. 59665-3321 This is a matter on which I have already communicated with your Department, pointing out the necessity for some arrangement being made for the transmission of funds through the mails or otherwise. The statement of Messrs. Murray & Murray that the Department has issued an order to banks, trust companies, etc., to refuse the sale of drafts or transmission of funds whose ultimate destination is Germany, Austria and Hungary is not strictly accurate. The Department has already authorized the United States Attorney in New York to inform parties desiring to transmit funds for the specific purpose referred to in the President's proclamation that the Department would raise no objection to such transmission. Strictly speaking, of course, this Department has no jurisdiction at all in the matter, since, until the Trading with the Enemy bill passes, the transmission of funds is not a criminal offense. Respectfully, For the Attorney General, CHARLES WARREN Assistant Attorney General File No. 811.54262/134 The Ambassador in Great Britain (Page) to the Secretary of State [Telegram] LONDON, July 11, 1917, noon. 6705. Your 5009, June 16, 4 p. m. Foreign Office informs me that remittances sent to enemy countries for the preservation of patent rights are allowed to go forward to their destination according to the existing practice of the censorship and that this procedure will be followed in respect to the remittances which you mentioned. PAGE File No. 811.54262/137 The Ambassador in France (Sharp) to the Secretary of State [Telegram] PARIS, July 25, 1917, 7 p. m. 2326. Your 2361, June 16.1 Have today received verbal assurances from Foreign Office that remittances for patent rights will be permitted to pass without detention by the censors. 'See footnote 1, ante, p. 321. SHARP File No. 763.72112/4792 The Secretary of State to Messrs. Dowell & Dowell, Washington, D.C. WASHINGTON, September 21, 1917. GENTLEMEN: In reply to your letter of September 13, 1917, you are advised that up to the present time no arrangement has been devised for the transmission to Germany of patent taxes, annuities, etc., as authorized under the President's proclamation of May 24, 1917. It is considered doubtful whether such an arrangement may be placed in operation, prior to the passage of the "trading with the enemy" legislation now pending before Congress. As soon as a decision in the matter is reached, however, you will be promptly informed. I am [etc.] For the Secretary of State: BRECKINRIDGE LONG Third Assistant Secretary File No. 811.54262/155a The Secretary of State to the Federal Trade Commission WASHINGTON, October 22, 1917. GENTLEMEN: Because of the fact that the Executive order of October 12, 1917,2 issued in connection with the "Trading with the Enemy Act," empowers the Federal Trade Commission to grant licenses for the payment of patent taxes and for the filing and prosecution of patent applications in the Central Powers, this Department deems it proper to advise you of its practice, up to the commencement of hostilities between the United States and Germany, of forwarding for American citizens, patent documents and remittances through diplomatic channels to points in the Central Powers. Upon the entry of the United States into the war this practice was discontinued. As you are probably aware, however, on May 24, 1917, the President issued a proclamation authorizing the transmission to Germany by American citizens of funds for the payment of patent taxes, annuities, fees, etc., on American-owned patents. Subsequent to the issuance of the proclamation in order that patent attorneys in the United States could safely transmit taxes due on foreign patents through the open mail, this Department obtained assurances from the British and French Governments that such remittances would be passed by their censors. The actual forwarding of funds to points in the Central Powers for the protection of 1Not printed. 2 Foreign Relations, 1917, Supplement 2, vol. II, p. 963. |