The Secretary of State to Minister Squiers.

No. 556.]

Sir: Referring to your dispatch No. 1321, of the 1st ultimo, in regard to the suggestion made by the. President of Cuba that the United States join in the “Treaty on patents of invention, industrial drawings, and models and trade-marks,” drafted at the second Pan-American conference in 1902, I inclose herewith a copy of a letter from the Secretary of the Interior, by which he informs the department that the Commissioner of Patents recommends that this country shall not join in such a treaty and that he concurs in the commissioner’s conclusion.

I am, etc.,

Elihu Root.
[Page 496]
[Inclosure.]

The Secretary of the Interor to the Secretary of State.

Sir: Your letter of the 9th ultimo has been received, inclosing a copy of a dispatch from our minister at Habana in regard to the suggestion made to him by the President of Cuba that this country join in the “Treaty on patents of invention, industrial drawings and models, and trade-marks,” drafted at the second Pan-American congress in 1902.

In response thereto, I have the honor to advise you that the Commissioner of Patents, to whom the matter was referred, reports that the treaty contains many provisions contrary to the requirements of the laws of this country, and would therefore make necessary a revision of our laws for the purpose of giving it effect. He further states that in several respects the amendments necessary would be contrary to the fundamental principles upon which the patent system of this country is based.

He adds that for the reasons set forth it would be unwise to make the changes in the existing law of this country which would be necessary to give effect to the treaty, and accordingly recommends that this country shall not join in such treaty. I concur in his conclusions.

Very respectfully,

E. A. Hitchcock.