Mr. Phelps to Mr.
Foster.
Legation of
the United States,
Berlin, August 28, 1892.
(Received September 13.)
No. 477.]
Sir: Referring to my dispatch No. 460, of the 30th
of June last, with which I inclosed a copy of my note relating to the
protection of American inventors in Germany, addressed to Baron von
Marschall on that date, I have the honor to now transmit a copy, with
translation, of a reply thereto received to-day from the foreign office.
[Page 195]
From the inclosed note it appears that the German Government is not of the
opinion that the privileges granted German inventors in the United States
are of a character to justify the publication in the Imperial Gazette
necessary under the German patent law to give protection to American
inventors. The inclosed note also informs the legation that the German
chargé d’affaires at Washington has been instructed to present to the
American Government in a detailed manner the grounds upon which this opinion
is based.
I have, etc.,
[Inclosure in No,
477.—Translation.]
Baron von Rotenhau
to Mr. Phelps.
Foreign
Office,
Berlin,
August 26, 1892.
Replying to the esteemed communication of June 30, last, the undersigned
has the honor to inform the envoy extraordinary and minister
plenipotentiary of the United States of America, Mr. William Walter
Phelps, that the question as to whether the laws of the German Empire
and the United States extend full reciprocity, with respect to the
period of application for patents which have already been published in
foreign patent documents, has been made the subject of close
examination.
After this examination the Imperial Government finds itself unable to
concur in the views set forth in the communication of the 30th of June,
according to which equal or even greater privileges are accorded to
German applicants for patents in the United States than are granted to
foreign applicants by section 2, subdivision 2, of the German patent
law. To its regret it finds itself now still unable to cause the
insertion in the Imperial Gazette of a notice recognizing that
reciprocity is granted by America, and extending to United States
citizens the privilege of the German provision of law above cited.
The Imperial Government participates entirely in the wish that an
agreement may be reached with the United States with respect to the
matter to which the envoy reverts. It must, however, desire that this
take place in the framework of an agreement which shall at the same time
regulate other matters relating to patents, to bring about which, as is
known to the envoy, negotiations were instituted some time ago.
While the undersigned permits himself to add that the Imperial chargé
d’affaires at Washington has been instructed to communicate in a
detailed manner to the Government of the United States the grounds upon
which the Imperial Government bases its views with respect to this
question, he at the same time avails, etc.,
