Mr. Phelps to Mr.
Blaine.
Legation of
the United States,
Berlin, May 22, 1892.
(Received June 9.)
No. 447.]
Sir: Referring to your instruction No. 409, of the
28th ultimo, directing that certain representations be made to the German
Government respecting the rights of American inventors in Germany, I beg to
transmit herewith copies, with the necessary translation, of the
correspondence on the subject that has ensued between this legation and the
foreign office.
I have, etc.,
[Page 192]
[Inclosure 1 in No. 447.]
Mr. Phelps to Baron
Marschall.
Legation of the United States,
Berlin, May 12,
1892.
The undersigned, envoy, etc., of the United States of America, is
instructed by his Government to inform his excellency Freiherr Marschall
von Bieberstein, imperial secretary of state for foreign affairs, that
complaints are constantly being made by American citizens who are
seeking patents for their inventions in Germany that the patents when
issued are invalid because no notice of reciprocal rights has yet been
published in the Imperial Official Gazette.
Such a notice is thought to be essential to the validity of such patents
as are issued to American citizens under the provisions of the imperial
laws relating to patents and the protection of model designs, and a
right to the publication of this notice seems also to have been secured
from the moment that the United States law gave corresponding privileges
to German subjects seeking patents in the United States.
Such privileges, as his excellency is aware, have been granted to
subjects of Germany, and they are now availing themselves of them.
Under these circumstances, the undersigned is instructed to ask if there
is any necessary cause for delay, and if there is not, that the notice
may be speedily published, as was the understanding and agreement.
The undersigned avails, etc.,
[Inclosure 2 in No.
447.—Translation.]
Baron Marschall to
Mr. Phelps.
Foreign
Office,
Berlin,
May 21, 1892.
Replying to the communication of the 12th instant, F. O., No. 331, the
undersigned has the honor to inform the envoy extraordinary and minister
plenipotentiary of the United States of America, Mr. William Walter
Phelps, that in consequence of the envoy’s note of April 22 last, F. O.,
No. 214, the imperial legation in Washington, as communicated under the
7th of November last, has been instructed to enter into negotiations
with the Government of the United States for the purpose of regulating
the mutual protection of patents, designs, and trade-marks. These
negotiations have not yet been brought to a conclusion; but, judging by
the proceedings which have hitherto ensued, an agreement between the two
countries may be hoped for.
As in such case the wishes of American citizens, with respect to patents
and designs, would be disposed of, the undersigned believes it will be
proper to abstain for the present from a separate consideration of these
points.
The undersigned at the same time avails, etc.,
