The Secretary of State to the Ambassador in Chile ( Sevier )

No. 142

Sir: There is enclosed a copy of a letter dated April 16, 1935,14 addressed to the Department by the law firm of Langner, Parry, Card and Langner, Tyler Building, 17 John Street, New York City, stating that American concerns which have filed patent or trade-mark applications in Chile are now subjected to a doubling of the Government fees, in addition to an increase of 200 percent by which these fees were raised in 1933, so that a total increase of 400 percent in such fees is now stated to be required by the Chilean Government. There is also enclosed a copy of the enclosure to this letter entitled “Report of Chilean Patent Attorneys dated March 13, 1935,”14 concerning the increase in Government taxes in Chile, in which a brief resume of the situation is given.

The situation disclosed by the enclosed correspondence appears to be substantially similar to that reported in your despatch No. 275 of January 21, 1935, except that Langner, Parry, Card and Langner state that they regard the charges under reference as discriminatory against American nationals as compared with citizens of France, while in your despatch under reference you state that the fees are not discriminatory against Americans as compared with nationals of other countries. It also appears from the report of the Chilean Patent Attorney enclosed herewith that it was not the intention of the Chilean Government to increase fees for foreign patent and trademark applications and that a bill was introduced in the Chilean Congress to remedy the situation, of which complaint is made in the enclosed correspondence, but that the Congress closed its extraordinary session without enacting the proposed legislation and will not convene again until the end of May next.

In view of this situation, it is assumed that the Chilean Government will take the necessary steps to effect the enactment of the proposed law at the next session of the Chilean Congress but if you should consider that such a course would be desirable, you are authorized to express to the Foreign Office informally the hope of this Government that the Government of Chile will insure the enactment at the earliest possible date of legislation to remove the existing discrimination against American patent and trade-mark applicants.

Very truly yours,

For the Secretary of State:
Sumner Welles
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