Page:United States Statutes at Large Volume 62 Part 3.djvu/848

 62 STAT.] Feb. 12, 1948 PHILIPPINES-PATENTS- AF. 12, ,19- 8 Aug. 4, 28, 1948 It is stated in the Department's note of February 12, 1948 and reiterated in its note of August 4, 1948, that the United States Patent Law, R.S. 4887 (title 15, USC Sec. 32) contains a clause similar to one found in Section 15 of the Philippine Patent Law, Republic Act 165, that in both cases the law provides that the right of priority is accorded to "x x x a foreign country which, by treaty, convention, or law affords similar privileges x x x," and that it is felt that the presence of similar provisions in the patent laws of the United States and the Philippines satisfies the requirement of reciprocity. It is further stated in the notes under reference that it is the view of the United States Government that a statement by the appropriate Philippine officials to the effect that Section 15 of the Philippine Patent Law applies to United States citizens would be considered sufficient for the United States to recognize that Section 32 of the United States Patent Law is applicable to the citizens of the Philippines. I am pleased to inform Your Excellency that my Government has instructed me to convey to your Government that the following text of the 3rd indorsement of the Director of the Philippines Patent Office, dated May 26, 1948 and concurred in by the Department of Com- merce and Industry of my Government, represents the official position of the Philippine Government on the matter: Respectfully returned, thru the Honorable, the Secretary of Commerce and Industry, to the Honorable, the Secretary of Foreign Affairs, Manila. In view of the statement of the Honorable, the Secretary of State of the United States that, under the U. S. Patent Law, R. S. 4887 (Title 15, USC Sec. 32), the Government of the United States accords to citizens of the Philippines the same privileges as those which Section 15 of the Philippine Patent Law (Rep. Act No. 165, approved June 20, 1947) accords to foreigners, the Philippines Patent Office will consider the said Section 15 of the Philippine Patent Law applicable to citizens of the United States effective as of June 20, 1947. In view of the statement of the Honorable, the Secretary of State of the United States that the U. S. Patent Office could consider the United States Boykin Act (which grants to foreigners substantially the same patent prior rights as those which Section 76 of the Philip- pine Patent Law accords to foreigners) applicable to citizens of the Philippines up to February 29, 1948, the Philippines Patent Office will likewise regard Section 76 of the Philippine Patent Law (Rep. Act No. 165) applicable to citizens of the United States whose patent applications were received at the Philippines Patent Office between June 20, 1947 and February 29, 1948, both dates inclusive. It is the understanding of my Government that the aforesaid note of February 12, 1948 of the Department of State, as reiterated by its note of August 4, 1948, and this note signifying my Government's assent thereto shall constitute an agreement between the Republic of the Philippines and the United States on patents. 35U. .C.532 60 Stat. 940. 35U.S.C.i101- 114; Supp. I, Ji 101, 103, 118 notes. Ane, p. 3461. Ante, p. 3462. 3463 35U.S.C.§32.

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