[D8849ACO], Letter from George Edward Gouraud to Dyer and Seely, November 17th, 1888


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[D8849ACO], Letter from George Edward Gouraud to Dyer and Seely, November 17th, 1888

Editor's Notes

"I am greatly inconvenienced, and possibly may be seriously prejudiced, over the [unclear] of the Powers of Attorny. Why did you not send these with the specification, as you had the forms from me as used in the previous cases? ### Nw as regarding Austria and the stipulation you made in the Power of Attorney signed by Mr. Edison that it should not be taken out for less than [unclear] years, you must certainly be advising him in ignorance of recent decisions by the Government in Austria, which cleans up the whole matter however doubtful it might hve been before; and copies of which decision I herewith enclose for your information, with the urgent request that you will without delay explain to Mr. Edison the altered circumstances, and so relieve me of the necessity to put out of pocket years in advance thousands of dollars. Both the Patent Agent in Austalia - Mr. Palm of a firm of long standing and high reputation - and Mr. Hardingham here - equally reliable - concur in the assurance which was given me in the most tranquilized manner, that it is an absolute waste of money to pay the 15 years fees at the date of applying for the patent, and they advise me not to do it. They think that your advice may be based upon the theory that if the fees for 15 years are paid then of course the patent cannot lapse through the non-payment of yearly fees subsequently neglected. Were that to happen - which is certainly not contemplated in my case - still the patent which would then have lapsed, would have been issued as a 15 year patent and consequently, even if it did lapse, under the circumstances, it would not prejudice the equivalent American patent. Now this is a serious question to me which I am sure you will appreciate, and I trust the information contained in the Government decision herewith sent you will enable you to relieve me of this unnecessary expenditure through advising Mr. Edison that hey ay not insert in his powers of attorny for any future Cases, stipulations not to be applied for, for less than 15 years. ### I may here state that although the Powers of Attorney stated that the Patent shall not be taken out for less than 15 years, it is still in my power to pay only one years fee upon it, as no Austrian patent is issued for less than 15 years where 1 or 15 years fees are paid at the time, but of course I defer to Mr. Edison's wish and your advice given in the light of the information above referred to. ### I have, however, paid the full 15 years fees in the Cases in question, but I sincerely trust that I may be spared the necessity of doing so in future in the light of our present information on the subject. ### As regards Italy and Portugal, the full 15 years taxe will be paid, as it is merely a matter of economy in these cases. ### As regards Italy and Portugal, the full 15 years taxes will be paid, as it is merely a matter of economy in these caes. ### As regard Case 88 for Austia, the Specification will not be ready for filing until you receive this and if you agree, with every body else, that I need only pay 1 year's fee, kindly cable me "Gouraud, Norwood, One." If, however, you still maintain your ground in spite of all the evidence you have before you to the contrary, cable me "Gouraud, Norwood Fifteen," and I shall pay, though I will feel that I am paying through the nose, as we say. ### Kindly send me as complete powers of attorney as you possible can, on the lines of those I have already sent you. This will save me considerable expense in the matter of Notary's and Consel fees; and please draw the powers so that the patents may be applied for in the joint names of Mr. Edison and myself. ### Short Term Countries. ### I also hope that you will see your way to advise Mr. Edison to allow me to file in these countries when I can do so without prejudice to the long term countries, America included. This we should do after long term countries are filed and if the dleay is not great they may still prove valuable, because the prior publication clause almost invariably means publicity in the count itself, in which the patent is applied for, and in such manner as to allow them to manufacture the thing patented. There are several short term countries where it will be advisable to have Patents, if we can get them, and I trust to be in a position to get the advantage that will come from these patents. ### As regards Mexico, it is obvious that we must file patents there or the negotiations with Connery are of no use. I have promised Mr. Fox to do everything htat has to be done to that end, and I have a letter from my Agent there stating that awaiting any further instructions he has done what is necessary to avoid the prejudice that would otherwise come from the delay. If I may now proceed with Mexico, cable me "Mexico 84, 85, 86, 87 & 88," by which I may know that I may file these patents, after am satisfied that the long term Patents have been secured." Yours faithfully (Signed) G.E. Gouraud, per ---------





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Thomas A. Edison Papers, School of Arts and Sciences, Rutgers University
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