Page:United States Statutes at Large Volume 62 Part 3.djvu/847

 INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [62 STAT. 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 Department's note of February 12, 1948 concerning the application to United States citizens of certain rights of priority in the filing of patent applications under the Philippine Patent Law. This problem has again been brought to the attention of the Depart- ment of State by nationals of the United States seeking to obtain patents in the Philippines based upon original filings in the United States. In attempting to secure a filing date for the Philippine appli- cation equivalent to the United States filing date, these United States nationals have been informed that the right of priority in filing patent applications can be extended to them only when proof of reciprocity in the United States for Philippine nationals has been communicated to the Philippine Government. As stated in the Department's note of February 12, the United 3u.s. . 0.3. States Patent Law, R. S. 4887 (title 15, USC Sec. 32), contains a clause similar to one embodied in Section 15 of the Philippine Patent Law, Republic Act 165. In each instance the respective laws provide that the right of priority is accorded to ". . . a foreign country which, by treaty, convention, or law, affords similar privileges . . ." It is the view of this Government that the presence of similar provisions in the patent laws of the United States and the Philippines satisfies the requirement of reciprocity. A statement by the appropriate officer of the Philippines to the effect that Section 15 of the Philip- pine Patent Law applies to United States citizens will be considered sufficient to enable the United States to recognize that Section 32 of the United States Patent Law is applicable to citizens of the Philippines. This Government is of the further view that the course of action suggested above will work to the mutual advantage of both nations by eliminating the burdensome requirement of proof of reciprocity in the case of each individual patent application. Accordingly, this Government trusts that the course of action suggested will meet with the approval of the Government of the Philippines. DEPARTMENT OF STATE, Washington, August 4, 1948. RPT The PhilippineAmbassador to the Secretary of State EMBASSY OF THE PHILIPPINES WASHINGTON August 23, 1948 EXCELLENCY: I have the honor to refer to the notes of the Department of State dated February 12 and August 4, 1948 concerning the application to United States citizens of certain rights of priority in the filing of patent applications under the Philippine Patent Law. 3462

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