File No. 811.54262/152

The Ambassador in Great Britain ( Page) to the Secretary of State

No. 7128

Sir: With reference to the Department’s telegram No. 4742 of April 21, 1917,1 requesting information as to whether the British Government had made any arrangements with enemy countries in order to secure to British subjects the right to communicate with enemy subjects and to take the necessary steps in connection with the filing of patent applications and the payment of patent fees, I have the honor to enclose herewith a copy of a note I have received from the Foreign Office, together with its enclosures,2 in reply to the enquiry I made in the premises on the 23d of April last.

For the guidance of the Department, I venture to add that the contents of Mr. Balfour’s note of July 10, 1917, to which reference is made, were communicated to the Department by my telegram No. 6705 of July 11, 12 m.

I have [etc.]

(For the Ambassador)
Edward Bell
[Enclosure]

The British Secretary of State for Foreign Affairs ( Balfour) to the American Ambassador ( Page)

No. 176111/150/C

Your Excellency: With reference to the note which Your Excellency was good enough to address to me on April 23 last (No. [Page 325] 3787), requesting information as to whether His Majesty’s Government had made any arrangements with enemy countries in order to secure to British subjects the right to communicate with enemy subjects and to take the necessary steps in connection with the filing of patent applications and the payment of patent fees, I have the honour to inform Your Excellency that no express arrangements have been made with enemy governments regarding these matters.

2.
Applications for patents, designs and trade marks, and payments of application and renewal fees, have been accepted in this country from enemies under the conditions set out in the Patent Office notice of June 1, 1915, copies of which are enclosed.1 Persons in this country have also been allowed to make corresponding applications and pay corresponding fees in enemy countries to the extent set out in the Board of Trade’s general licence of December 7, 1915 (copies of which I also enclose)1 and the Board’s information is to the effect that such applications and fees have been accepted by the enemy governments.
3.
As regards the payment of royalties by British nationals to enemy nationals, I have the honour to inform Your Excellency that no such payments are, of course, permitted during the war, but where licences have been granted by the Board of Trade under the Patents, Designs and Trade Marks (Temporary Rules) Acts, 1914, and the rules made thereunder, the royalties reserved are paid to the Public Trustee.
4.
As regards the revocation of patents worked outside, I would call Your Excellency’s attention to the Patents and Designs Act (Partial Suspension) Act, 1915 (5 and 6 Geo. V, ch. 85), copies of which are also enclosed.1
5.
I had the honour to inform Your Excellency in my note of July 10 last that remittances sent from America to enemy countries for the preservation of patent rights are allowed to go forward to their destination, and in this connection, I have the honour to transmit to Your Excellency herewith, copy of a general licence just issued by the Board of Trade amending their general licence of December 7, 1915, and authorising persons of British, neutral or Allied nationality in this country to pay patent fees in enemy countries on behalf of persons of British, Allied or neutral nationality in Allied countries.1

I have [etc.]

For the Secretary of State:
Victor Wellesley
  1. See footnote 2, ante, p. 319.
  2. Enclosures not printed.
  3. Not printed.
  4. Not printed.
  5. Not printed.
  6. Not printed.