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from the requirement of recording such instrument set forth in paragraph (a) (2) (i).
(2) The execution of any instrument recordable in the United States Patent Office, and the recording of suc instrument in the United States Patent Office, if such instrument affects title to or grants any interest in, including licenses under, (1) any United States Letters Patent or Trademark Registration issued as a result of applications filed pursuant to (a) (1) above or; (2) under any applications filed pursuant to (a) (1) above; Provided:
(i) That such instrument be recorded in the United States Patent Office within ninety days of the date of execution thereof or within such further time as may be allowed by the Alien Property Custodian;
(ii) That the person presenting such instrument for recording shall attach thereto and record in the United States Patent Office therewith a copy of Form APC-15, and shall file therewith in the United States Patent Office a report on Form APC-14P for patents or APC-14T for trademarks, setting forth under oath the information called for therein;
(iii) That the transaction involves neither trade or communication with an enemy national other than residents of Italy, nor is carried out as the result of such trade or communication; and
(iv) That such instrument may be set aside by the Alien Property Custodian upon notice mailed to the person recording the instrument at the address given on the form filed with the instrument, and the patents, trade-marks, applications, or rights thereunder so transferred may be vested by the Alien Property Custodian at any time within a period of three years from the date of recording, except that the Alien Property Custodian may in his discretion reduce such period of time with respect to any such instrument after the recording thereof.
(b) Applications, Letters Patent and Trademark Registrations, filed or prosecuted under paragraph (a) (1) of this section will be subject to the power of the Alien Property Custodian to take such action as he deems necessary in the national interest, including, but not limited to, the power to direct, manage, supervise, control or vest, with respect thereto.
(c) This section does not authorize: (1) Any transactions not specifically enumerated herein, such transactions being permitted only upon specific authorization from the Alien Property Custodian; or
(2) The receipt of any funds or credits with respect to the transactions licensed herein except as such receipt may be permitted by the Treasury Department; or
(3) The payment of any funds or credits to any party to an instrument executed or recorded hereunder with respect to the property affected by such instrument, except nominal consideration not exceeding One Dollar, as long as such instrument is subject to being set aside in accordance with the conditions of paragraph (a) (2) (iv) of this section, except into a special account from which withdrawals can be made only upon the approval of the Alien Property Custodian,
(d) Attention is directed to $ 131.72 of Title 31, as amended.
(e) Nothing contained in this section shall be de med to limit the authority of the Office of Censorship to cause to be censored in its absolute discretion, any communications by mail, cable, radio, or other means of transmission, passing between the United States and any foreign country.
(f) No extension of time granted under this section will affect in any respect the provisions of R. S. 4898 (U.S.C., title 35, sec. 47) relating to the recording of assignments of patents in the United States Patent Office; or of sec. 10 of the Act of February 20, 1905, as amended (U.S.C., title 15, sec. 90) relating to the recording of assignments of trademarks.
(g) The terms “enemy national” and "trade or communication with an enemy national” shall have the meanings defined in Treasury General Ruling No. 11 under Executive Order No. 8389, as amended.1 [G.O. 11, Reg. 7, Sept. 24, 1945, 10 F.R. 12186]
$ 503.12–1 Exempting patent applications of certain consignors or inventors from requirements of § 503.12. Any application for United States Letters Patent or Trade-mark Registration or any model, blueprint, drawing, sketch, correspondence, memorandum of invention,
1 For Treasury General Ruling No. 11, see Appendix A to Part 131 of Title 31.
678214-46-SUPP. VIII-BK, 1-54
report or other written information for the purpose of preparing an application for United States Letters Patent, if received by a person within the United States from an inventor and consignor within Italy, is hereby exempted from the requirement of paragraph (b) of $ 503.12 provided such application is filed in the United States Patent Office pursuant to $ 503.11-7 [G.O. 12, Reg. 1, Sept. 24, 1945, 10 F.R. 12187]
$ 503.13-3 Licensing transactions involving copyrights. (a) *
(1) The making and filling in the United States Copyright office of applications for registration or renewal of copyrights in which a designated foreign country or a national thereof has at any time on or since the effective date of Executive Order No. 8389, as amended, had any interest, and the receipt of registration or renewal certificates granted pursuant to any such applications: Provided, That the making or filing of such application involves no communication, direct or indirect, with an enemy national. [Subparagraph (1) amended Apr. 16, 1945, 10 F.R. 4195)
$ 503.21 Extension of time for filing notices of claim under vesting orders.
CODIFICATION: In $ 503.21 the time for filing notices of claim was extended to Aug. 1, 1945, by General Order 21, Mar. 14, 1945, 10 F.R. 2957; to Dec. 1, 1945, by General Order 21, July 5, 1945, 10 F.R. 8421; and to Apr. 1, 1946, by General Order 21, Nov. 7, 1945, 10 F.R. 13805.
$ 503.31 Prohibition of transactions and appointment of agents and delegates.
CODIFICATION: $ 503.31 was amended in the following respects, Aug. 7, 1945, 10 F.R. 9914:
1. In paragraph (b), the words "Fritz Machlup, as Acting Chief of the Division of Investigation and Research" were deleted and the words "Henry G. Hilken, Chief of the Division of Investigation" were inserted in lieu thereof; the words “Frank J. Garvey, as Assistant to the Allen Property Custodian and Manager of the New York Office of the Office of Alien Property Custodlan" were deleted and the words "C. Gordon Lamude, as Manager of the New York Office of the Office of Allen Property Custodian” were inserted in lieu thereof. 2. Paragraph (c) was revoked.
$ 503.33 Time of effectiveness of vesting orders. (a) Any property or interest shall be deemed to have vested at the time of the filing with the Division of the Federal Register of an order vest
ing such property or interest: Provided, That any property or interest, the conveyance, transfer or assignment of which may be filed, registered or recorded in the United States Patent Office or Copyright Office, shall be deemed to have vested at the time of the Alling, registering, or recording in such Office of the order vesting such property or interest, or at the time of the filing of such order with the Division of the Federal Register, whichever is earlier: Provided further, That, as to subsequent purchasers or lienors without actual notice, an order vesting real property or an interest in such property shall be deemed effective from the time of the recordation of such order in the public office designated by law for the recordation of a conveyance, transfer or assignment of such property or interest.
(b) Actual notice, by service or otherwise, of the execution of an order vesting any property or interest shall be deemed (1) notice that the Alien Property Custodian has undertaken supervision of such property or interest, and (2) notice of the vesting of such property or interest as of the time specified in paragraph (a) of this section.
(c) This section shall be deemed applicable to all vesting orders heretofore or hereafter executed by the Alien Property Custodian. [G.O. 33, Jan. 30, 1945, 10 F.R. 1363)
§ 503.34 Reports of property and interests of Germany and Japan and any national thereof. (a) Every person in the United States who, on or after December 31, 1945, has any interest in or legal title to or custody or control or possession of any property or interest of any nature whatsoever within the United States, and believes or has cause to believe that such property or interest is or may be directly or indirectly owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to, or claimed by, or is evidence of ownership or control of property or interest by, Germany or Japan or any national thereof, shall file with the Alien Property Custodian on or before February 28, 1946, a report on Alien Property Custodian Form APC-56, containing the information called for and in conformity with instructions, whether or not a report with respect to any such property or interest shall have been filed previ. ously with any government agency: Provided, That if such belief or cause to
believe is acquired after February 28, 1946, such reports shall be filed within 60 days after such belief or cause to believe; And provided further, That no report on Alien Property Custodian Form APC-56 need be filed ith respect to the following: (1) interests in or relating to patents, reportable pursuant to Alien Property Custodian General Orders Nos. 2, 3, 11, 12, and 18 ($ $ 503.2, 503.3, 503.11-2, 503.12 and 503.18); (2) interests in or relating to copyrights, reportable pursuant to Alien Property Custodian General Orders Nos. 13, 14, 22, and 23 ($ $ 503.13–3, 503.14, 503.22 and 503.23); (3) interest in or relating to trade-marks, commercial prints, and labels, reportable pursuant to Alien Property Custodian General Orders Nos. 11, 16, and 28 ($ $ 503.11-2, 503.16 and 503.28); and (4) any property being administered under judicial supervision, or which is in partition, libel, condemnation or other such proceedings, reportable pursuant to Alien Property Custodian General Order No. 5 ($ 503.5). For the purposes of this paragraph, safe deposit boxes shall be deemed to be in the “custody" not only of all lessees thereof and all persons having access thereto, but also of the lessors of such boxes, whether or not such lessors have access thereto.
(b) A report on Alien Property Custodian Form APC-56 in accordance with the requirements specified in paragraph (a) above, shall be filed by every person with respect to all securities and obligations, including, but not limited to, shares of stock, debentures, notes, bonds, trust certificates, coupons, debts, contracts of insurance, issued or incurred by such person, which are registered or recorded on the books of such person as, or which such person believes or has cause to believe are or may be, directly or indirectly owned or controlled by, payable or deliverable to, held on behalf of or on account of, or owing to or claimed by, Germany or Japan or any national thereof.
(c) As used in paragraphs (a) and (b) above:
(1) The term “person" shall include, but not by way of limitation, an individual, partnership, association, corporation, company or other incorporated or unincorporated body or body politic;
(2) The term “property” shall include, but not by way of limitation, money, checks, drafts, bullion, bank deposits, sav
ings accounts, obligations, financial securities commonly dealt in by bankers, brokers and investment houses, notes, debentures, stocks, bonds, coupons, bank acceptances, mortgages, pledges, liens or other rights in the nature of security, warehouse receipts, bills of lading, trust receipts, bills of sale, any other evidence of title, ownership or indebtedness, goods, wares, merchandise, chattels, stock on hand, real estate, vendors' sales agreements, land contracts, leaseholds, ground rents, options, negotiable instruments, trade acceptances, book accounts, accounts payable (to Germany or Japan or any national thereof), judgments, insurance policies, safe deposit boxes and their contents, annuities, pooling agreements, contracts of any nature whatsoever, interest in trusts;
(3) The term “United States" means the continental United States and any territory which was subject to the jurisdiction thereof on December 7, 1941, including the Philippine Islands;
(4) The term “Germany”, when used in a territorial sense, means that territory which constituted Germany on March 1, 1938; and when used in a governmental sense, means the Government of Germany or any political subdivision, agency or instrumentality thereof;
(5) The term "Japan", when used in a territorial sense, means that territory which constituted Japan on December 7, 1941, including the mandated islands of Japan and Manchuria, but excluding all other areas in China occupied by the military forces of Japan on that date; and when used in a governmental sense, means the Government of Japan or any political subdivision, agency or instrumentality thereof;
(6) The phrase "national of Germany or Japan" means:
(i) Any person who, at any time on or since June 14, 1941, has been domiciled or resident in, or has been a citizen or subject of, Germany or Japan, except (a) persons domiciled or resident in the United States on December 31, 1945, and (b) members of the armed forces of, and civilians (other than citizens or subjects of Germany or Japan) on official duty for the United States, China, France, the Union of Soviet Socialist Republics, or the United Kingdom, or organizations acting officially on behalf of any of such nations;
NOTE: The reporting requirements of this section have been approved by the Bureau of the Budget in accordance with The Federal Reports Act of 1942.
(ii) Any partnership, association, corporation or other organization, organized under the laws of, or which at any time on or since June 14, 1941, has had its principal place of business in, Germany or Japan; and
(iii) Any partnership, association, corporation or other organization, organized under the laws of, or whose principal place of business is located in, any country other than Germany, Japan or the United States, in which at any time on or since January 1, 1939, Germany or Japan or any national thereof has had any direct or indirect interest, or any direct or indirect control other than such control as prevailed solely by virtue of the military occupation by Germany or Japan of the territory in which such partnership, association, corporation or other organization is located.
(d) Alien Property Custodian Form APC-56 and instructions may be obtained from any Federal Reserve Bank, the Governor or High Commissioner of a Territory or Possession of the United States, or from the Office of Alien Property Custodian, Washington 25, D. C., or 120 Broadway, New York 5, N. Y., or 417 Montgomery Street, San Francisco 4, California, or 135 South LaSalle Street, Chicago 3, Ilinois, or The Yokohama Specie Bank Building, Honolulu, T. H., or Manila, Philippine Islands.
(e) Reports shall be executed and filed in duplicate with the Office of Alien Property Custodian, Washington 25, D. C.: Provided, however, That if the residence of the reporter is within the Territory of Hawaii, or the Philippine Islands, reports shall be filed with the Office of Alien Property Custodian, Honolulu, Territory of Hawaii, or Manila, Philippine Islands, respectively. A report shall be deemed to have been filed when it is received by the Office of Alien Custodian or when it is properly addressed and mailed to the Office of Alien Property Custodian, Washington 25, D. C., or, as the case may be, Honolulu, Territory of Hawaii, or Manila, Philippine Islands, and bears a postmark dated prior to midnight of the date upon which the report is due. The Alien Property Custodian reserves discretion to grant such extensions of time as he deems advisable for the making of any or of all of the reports required by this section. [G.O. 34, Dec. 20, 1945, effective Dec. 31, 1945, 10 F.R. 15409]
PART 510–RELEASE AND AUTHORI
ZATION (ADDED) Sec. 510.1 Definitions. 510.2 Release and authorization. 510.3 Term of authorization. 510.4 Identification of subject patents. 510.5 Enforceability, validity or scope of
subject patents. 510.6 Defense of Custodian's authority.
AUTHORITY: $ $ 510.1 to 510.6, inclusive, issued under 40 Stat. 411, as amended; 50 U.S.C. App., Sup., 616. E.O. 9193; 3 CFR Cum. Supp.
SOURCE: $ $ 510.1 to 510.6, inclusive, contained in Regulations, Deputy Allen Property Custodian, July 3, 1945, 10 F.R. 8271.
$ 510.1 Definitions. (a) The term "subject patents” shall mean all patents, patent applications, and any and all rights and interests thereunder, including the right to grant licenses thereunder, which are now or may hereafter be vested in or otherwise acquired by the Alien Property Custodian (hereinafter called the Custodian) and which were at the time of such vesting or other acquisition entirely owned, either directly or through cloaks, by corporations, or other business organizations, organized under the laws of or having their principal place of business in enemy countries (Germany, Hungary, Italy, Japan, Rumania, and Bulgaria), or by individuals residing in such countries: Provided, That “subject patents" shall not be construed to include patents, patent applications or rights thereunder, which are under the Custodian's jurisdiction solely by reason of being owned by domestic corporations which are supervised or con. trolled by the Custodian, or as to which there is on file with the Custodian, on the effective date of this release and authorization, a pending claim to part or entire ownership thereof, or as to which the Custodian has, or shall have, vested or otherwise acquired less than the entire right, title and interest: Provided further, That “subject patents” shall be construed to include patents and patent applications under which there are any subsisting exclusive licenses
claims thereto, but only to the extent that the Custodian has the right to grant licenses outside of the field covered by such licenses: And provided further, That "sub
ject patents" shall be construed to include patents and patent applications under which there are any subsisting non-exclusive licenses, but only to the extent that their inclusion will not cause a reduction in the amount of royalties provided for by any such non-exclusive licenses.
Any patent or patent application which would be a subject patent but for a pending claim to part or entire ownership thereof, shall become a subject patent immediately upon the Custodian's final denial of such claim. Any patent or patent application which to any extent is not a subject patent solely by reason of being subject to a subsisting exclusive license or claim thereto, shall to such extent become a subject patent immediately if and when such exclusive license is terminated or upon the Custodian's final denial of a claim thereto, except that if any claim of the exclusive licensee for past infringement is not released to the Custodian, the provisions of $ 510.2 (a) shall not apply. Any patent or patent application which to any extent is not a subject patent solely because its inclusion would cause a reduction in the royalties provided for by any subsisting non-exclusive licenses thereunder, shall to such extent become a subject patent upon termination of such subsisting nonexclusive licenses.
(b) The term “Government” shall mean the executive branches, other than the Office of Alien Property Custodian, of the Government of the United States of America, including all its departments, boards, bureaus, commissions and agencies, and all corporations organized pursuant to any express act of Congress and wholly owned (either directly or through one or more such corporations) by the United States.
$ 510.2 Release and authorization. The Custodian, to the full extent that he has or shall have the right so to do,
(a) Hereby agrees to grant and grants to the Government a release from all claims, with respect to the subject patents, for compensation under the acts of June 25, 1910, as amended (35 U.S.C. sec. 68); October 6, 1917, as amended (35 U.S.C. sec. 42); and July 2, 1926, as amended (10 U.S.C. sec. 310 (i)); and
(b) Hereby authorizes the Government, on a royalty-free, non-exclusive basis, to make, use, sell or otherwise dispose of, and to cause to be made, used,
sold or otherwise disposed of for it, any and all articles and materials covered by the subject patents, and to use and cause to be used for it the processes Covered thereby. If, under the provisions of $ 510.3, this authorization is terminated either in its entirety or as to any specific subject patent, any article or material made under any such patent or patents while the provisions of this authorization with respect thereto are in effect shall be covered by a perpetual royalty-free right to be used, sold or otherwise disposed of in accordance with the law.
$ 510.3 Term of authorization. The term of authorization granted in $ 510.2 (b) with respect to each subject patent is for the life thereof, but the Custodian shall have the right to terminate such authorization in whole or with respect to any specific subject patent if he determines that the national interest so requires, such termination to become effective upon the filing by the Custodian with the FEDERAL REGISTER of a document setting forth the terms thereof: Provided, however, That the Custodian may, at his discretion and without giving notice to the Government, declare this authorization terminated, effective as of the date of such declaration, with respect to any specific subject patent.
$ 510.4 Identification of subject patents. If any question shall arise as to whether any rights are granted hereunder with respect to any specific patent or patent application, the Custodian will, upon written request of any appropriate official of the Government, notify such official in writing of any adverse interests of other parties therein, which in the opinion of the Custodian might affect such rights, insofar as such interests are known to the Custodian at the time of such request.
$ 510.5 Enforceability, validity or scope of subject patents. (a) Notwithstanding the execution of this release and authorization and its acceptance by the Government, the Government shall have the right, at any time its interests require, to contest the enforceability, validity or scope of any or all of the subject patents without in any way forfeiting its rights under this release and authorization. This release and author. ization shall not be construed to abridge, curtail or lessen any rights which the Government may have obtained by