[D8954AAJ], Letter from Dyer and Seely to Alfred Ord Tate, January 25th, 1889


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[D8954AAJ], Letter from Dyer and Seely to Alfred Ord Tate, January 25th, 1889

Editor's Notes

Dear Sir:-- Referring to your letter of the 15th inst. With which you sent copy of letter from col. Gouraud stating that all the Portuguese patents had been issued for fifteen years, we do not see that such letter calls for any other answer then a simple acknowledgement. If Gouraud's statement is correct, the United States patent which we supposed was seriously affected by the Portuguese patent under Set 84 is not limited by Portuguese patent. This matter is however cleared up by the recent decision of the Superior Court in the state race. Under that decision if the Portuguese patents had been issued for five years with the privilege of extension of fifteen years, they would only limit the United states patent to fifteen years provided the extensions were obtained in due time.##We have ccarefully read Col. Gouraud's letter of January 5th enclosed with yours of the 22nd. You will remember that as in Mexico we have already onlcuded that it would do no serious harm to have the two Mexican patents issued. The decision in the Bate case will permiit some change in your instructions to Col. Gouraud with reference to Portugal, Austria, Turkey, Italy and Argentine Republic, these being the countries in which patents are granted for varied terms up to fifteen years with the privilege of extension to fifteen years. Under the new construction of the [Bar?] here there is no reason why Gouraud should not take patents in these countries mentioned he need not now pay the fees for the whole term or wait until the United States patents are issued, and that he may acccept the refundment of fourteen years fees on the Austrian patents in cases 86 and 87, which he says the Austrian government will make. We have ourselves at various times fully explained to Col. Gouraud the reason why he has been obliged to pay the whole 15 years in these countries and we supposed that he understands that,. It is however unnecessary to discuss this subject any further in view of the Bate decision.##We are writing Mendez to day to complete the Mexican patents. Yours truly Dyer & Seely





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