893.542/39: Telegram

The Acting Secretary of State to the Minister in China ( Johnson )

74. Your 129, February 15, 1 p.m., last paragraph.

The Legation will observe that Article XX of the Regulations for the Promotion of Industrial Manufactures provides that all rights acquired by Chinese citizens thereunder shall continue under future Chinese patent laws. Apparently this would permit provisional registrations infringing American patents and the continuance of such registrations in permanent form under future patent laws.
In order to safeguard the rights of American patent holders, the Department suggests, subject to your discretion, that it would be desirable that the Legation inform the Chinese Government, in reply to the latter’s note dated February 6, that the American Government reserves on behalf of American citizens all rights in relation to patents accruing to such citizens from Article X of the American-Chinese Treaty of 1903 and other relevant treaty provisions.