Ambassador Meyer to
the Secretary of State.
American Embassy,
St
Petersburg, July 10,
1906.
No. 566.]Sir: I beg leave to report herewith, for the
information of the department, that on May 3, last, I received a letter
from the law offices of Messrs. Gartner & Steward, Paterson, N. J.,
copy of which letter is inclosed herewith, inquiring as to the steps to
be taken to get an extension of time to execute the necessary working
under Russian patents granted to American citizens. Having referred this
matter to the Imperial Government I have just received a note from the
imperial ministry for foreign affairs, dated June 26 (July 9), copy and
translation of which is attached hereto, stating that patents must be
worked within five years from their issuance by the Russian Government;
but, that if the stipulation in article 24 of the patent laws has not
been carried out for exceptional causes beyond the power of the patent
holder, the latter may present a petition for the conservation of his
patent rights to His Majesty the Emperor through the department of
commerce.
I have notified Messrs. Gartner & Steward of this reply.
I have, etc.,
[Inclosure 1.]
Messrs. Gartner &
Steward to Ambassador Meyer.
Law
Offices Gartner & Steward,
Patents and Patent Causes,
United Bank Buildings Paterson, N.
J., April 20,
1906.
Your Excellency: The early part of January
we addressed a letter to the Imperial Russian embassy in Washington
inquiring as to the steps to be taken to get an extension of time to
execute the necessary working under Russian
[Page 1315]
patents granted to American citizens and the
inclosed letter was received by us advising us to communicate on the
subject with your excellency. Similar advice has also been given to
us by the State Department.
The matter under consideration is as follows:
The Russian patent law prescribes the working in Russia of an
invention covered by a Russian patent within five years from the
date of the issue of the patent, and if such working is not executed
within five years, the patent will become null and void.
We have a number of clients for whom we have procured Russian patents
and secured the official working certificates within the time
prescribed by law.
At the present time, the working under certain Russian patents should
be executed before the latter part of July, 1906, but, as said
patents cover an invention for which at present there is no demand
in Russia, we have not been able to find any manufacturer who would
be willing to undertake the manufacturing of the machines in
question—to comply with the requirements of the Russian law.
Moreover, the invention covered by the above-mentioned patents will
be of great commercial value for Russia within the next two or three
years, and arrangements are being made at the present time to create
a demand in Russia for said machines, but in view of the unsettled
affairs, such as strikes, etc., said arrangements have so far not
been completed.
Our clients of course do not want to lose the patents for nonworking
within five years from the date of the issue of the patents, for the
reason above stated, that within the next few years said invention
will be of great commercial value for Russian silk manufacturers,
and we therefore ask your excellency to be kind enough to submit the
matter to the proper authorities with a view of ascertaining if we
could not secure an extension of time to work said invention in
Russia—say an extension of from one to two years—and advise us of
the steps to be taken to procure said extension.
Thanking your excellency for any attention this matter may receive,
we beg to remain,
Yours, most respectfully,
[Subinclosure.]
Imperial Russian Embassy,
Washington, January 7,
1906.
Messrs. Gartner &
Steward,
United Bank Building,
Paterson, N. J.
Gentlemen: I have your letter of
yesterday’s date relating to the extension of the life of patents
granted under the Russian patent law and would advise you to
communicate on the subject with the United States ambassador at St.
Petersburg, at the same time furnishing him with all necessary
information in regard to the specific cases you have in hand, so as
to enable him to lay this matter in complete shape before the proper
authorities.
Yours, faithfully,
[Inclosure 2.—Translation.]
The
Ministry for Foreign Affairs to Chargé
Eddy.
Ministry for Foreign
Affairs,
Second
Department,
St.
Petersburg, June 26,
1906.
Monsieur le Chargé d’Affaires: In reply to
the embassy’s note of April 21 (May 4) last relative to American
inventions patented in Russia five years ago, I now have the honor
to inform you that in conformity with article 24 of the regulations
confirmed by His Majesty the Emperor on May 20, 1896, concerning
patents, persons who have been granted patents are obliged to apply
their inventions in Russia within a period of five years dating from
the issuance of the patents. Should this not be done the said patent
right will be considered invalid from the date of their official
publication that they have been annulled.
[Page 1316]
The department of commerce thinks it proper
to state that this period being long enough, no question
consequently has been raised in subsequent regulations, as to the
granting of an extension of the fixed period.
If, however, the stipulations in article 24 could not be carried out
because of exceptional circumstances beyond the power of the patent
holder, the latter may present a petition relative to the
preservation of his patent to His Majesty the Emperor through the
department of commerce.
Please receive, etc.,
