Page:United States Statutes at Large Volume 62 Part 3.djvu/846

 Feb. 12, 1948 PHILIPPINES--PATENTS-_Au.- - , 48 hu.4, 28, 1948 Agreement between the United States of America and the Republic of the Philippines respecting certain rights of priority in filing applica- tions for patents. Effected by exchange of notes dated at Washington February 12, August 4 and 23, 1948; entered into force August 23, 1948. The Secretary of State to the PhilippineAmbassador The Secretary of State presents his compliments to His Excellency the Ambassador of the Philippines and has the honor to refer to the problem of the application to United States citizens of certain rights of priority in the filing of patent applications under the Philippine Patent Law. The United States Patent Law, R.S. 4887 (title 15, [1] USC Sec. 32), contains a clause similar to one found in Section 15 of the Philippine Patent Law, Republic Act 165. In both cases the law provides that the right of priority is accorded to ". . . a foreign country which, by treaty, convention, or law, affords similar privileges . . ." It is felt that the presence of similar provisions in the patent laws of the United States and the Philippines satisfies the requirement of reci- procity. A statement by the appropriate Philippine officials to the effect that Section 15 of the Philippine Patent Law applies to United States citizens will be considered sufficient for the United States to recognize that Section 32 of the United States Patent Law is applicable to citizens of the Philippines. Assuming that the procedure outlined above is satisfactory, the question of the war-caused delay in the use of the right of priority arises. Section 76 of the Philippine Patent Law extends the right of priority for the filing of patents which accrued during the war period on a reciprocal basis with countries according substantially the same privileges to citizens of the Philippines. The Boykin Act (United States Public Law 690, 79th Congress) contains substantially the same provisions and, upon a statement by the appropriate Philippine officials indicating that Section 76 of the Philippine Patent Law is applicable to citizens of the United States, the United States Patent Office could apply Section 1 of the Boykin Act to citizens of the Philippines. It should be noted, however, that the present expira- tion date of the extension of the right of priority under the Boykin Act is February 29, 1948. Unless a further extension of time is provided for by Congressional action, benefits of the Act will apply only to cases filed before February 29, 1948. DEPARTMENT OF STATE, Washington, February 12 1948 ' The reference should be to "title 35". February 12, and August 4, 23, 1948 [T. I. A. 8. 18611 60 Stat. 940. 35U.S.C.if101- 114; Supp. I, it 101. 103, 113 notes. RV 62 STAT.] 3461

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