The Thomas A. Edison Papers Digital Edition

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Title

[LB027416], Letter from Thomas Alva Edison to George Edward Gouraud, December 15th, 1888

Editor's Notes

] "I am in receipt of your letter of 23d ult., in regard to Mexican patents, which matter is receiving attention in this office. You state that you have sent to your Mexican agent, Mr. Luis Mendez, cases 84 and 85, and I therefore suppose that the decree of President Diaz, dated the 29th day of September 1888, granting a ten year patent, relates to these cases, though I have nothing more reliable than inference to go by, as you have not yet sent my attorneys, Dyer and Seely, a list of applications &c., which they have frequently asked for, and which I have also requested you to send. I cabled you this morning to mail the date immediately. I cannot understand why it has been delayed so long. ### After all the correspondence which we have had on the subject, and after the earnest effort which has been made to assist you to an intelligent understanding of the law of the United States, it is very disheartening to read in your letter under reply the erroneous statement that, "Applications in short term countries may be made in perfect safety to the long term country patents, provided the application for short term countries is made subsequent to the filing of the long term applications." ### Further discussion of this matter I consider useless, and I am therefore going to give you in this letter definite and absolute instructions, and I shall hold you strictly accountable for a faithful and rigid adherence to the rules that I desire followed in your work of taking out patents. ### From the powers of attorney which have been sent me for signature, I find that you have been taking or desire to take out patents in the following countries:-- [following countries listed in three columns: England, Victoria, Cape of Good Hope, Austria, Italy, Sweden, Portugal, Hawaii, Russia, Queensland, New Zealand, South Australia, Germany, Spain, Belgium, Mexico, Denmark, Tasmania, New South Wales, Brazil, France, Norway, Turkey, Peru, Argentine Republic] ### For convenience of reference I will number the rules by which you are to be governed from this time forward. ### (1) In countries which grant patents only for fourteen years or longer, you may make application for and take out patents as soon as the cases reach your hands, without awaiting any instructions from me or my attorneys, Dyer & Seely. I understand such countries to be as follows, though you will, of course, correct the list if any of the countries named do not come under the above rules: [following countries listed in three columns: England, New Zealand, South Australia, Spain, Sweden, Queensland, New South Wales, Brazil, France, Belgium, Victoria, Cape of Good Hope, Germany, Norway] ### (2) In countries which grant patents only for terms of less than fourteen years, you are not to make applications for any patents until you have been advised by me or my attorneys, Dyer and Seely, that the corresponding United States patents have been issued and that there is no further objection to your applying for and obtaining patents in [unclear] countries. The following is a list of said countries so far indicated by the powers of attorney sent me by you for signature: [following listed in three columns: Mexico, Denmark, Peru, Russia, Hawaii] ### (3) In countries which grant patents for various terms up to fifteen years, you are not to make application for or take out any patents without paying the fees for the entire term of fifteen years, unless you wait until the corresponding United States patents are issued, and you are notified by me or my attorneys, Deyer and Seely, as provided in rule No. 2. Following is a list of such countries so far indicated by the powers of attorney sent me by you for signature: [following listed in three columns: Portugal, Austria, Turkey, Italy, Argentine Republic] [Marginalia on this paragraph: "See above. This rule No. 3 has been modified. See letter to Gouraud under date Jan'y 30/89. AOT"] ### (4) Full detailed information must be promptly sent by you to my attorneys, Dyer and Seely, of all applications which you make and of all patents granted as the result of your applications. ### I desire you to follow both the spirit and the letter of these instructions without any further discussion or contention. ### There is not the least doubt that certain of my U.S. patents corresponding with your cases 84 and 85, have been limited by some of the short term patents which you have taken out, but in the absence of the information which, according to your letter of 24th November, was to have been sent at once, I am unable to tell which of my U.S. patents have been so limited. ### The Mexican patent referred to in the commencement of this letter may, if recognized by the payment of the fee due thereon, limit others of my U.S. patents, but as I am ignorant of the cases covered by this Mexican patent, I cannot make an investigation and will not therefore permit the fee to be paid and the patent recognized until I am place by you in a position to scrutinize its effect upon my U.S. patents. ### I will myself attend to the taking out of future patents in Mexico. ### You, of course, have not filed applications in short term countries in connection with Cases 86 and 87 and 88. I ay, of course, because I instructed you not to do so. ### I am particularly desirous that the report for which I have to-day cables you will show the number of years for which fees have been paid in countries which grant patents for various terms up to fifteen years. ### In conclusion, I wish to say that I cannot afford to have my interests in this country jeapordized by your persistent neglect to recognize the way in which the law pertaining to patents is interpreted by the Courts of the United States, and I shall therefore take full advantage of the right which is given me under my agreement with you, to cancel the said agreement, if by your act, the lives of my United States patents are shortened." Yours truly, [signed] TAE

Author

Edison, Thomas Alva

Recipient

Gouraud, George Edward

Mentioned

Diaz, Porfirio

Mendez, Luis

Date

1888-12-15

Type

Letter

Subject

International business operations

Patent application

Cylinder phonograph

Folder ID

LB027-F

Microfilm ID

138:610

Document ID

LB027416

URL

https://edisondigital.rutgers.edu/document/LB027416

Rights

Thomas Edison National Historical Park

Publisher

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

Has Version

Archive.org Viewer, Microfilm Series Reel 138

Item sets

[LB027-F] LB-027 (Nov 1888-Jan 1889)