Page:Reciprocity in respect to patents and patent rights. A scheme for the consideration of the International American congress (IA reciprocityinres00seel).pdf/7

 have suffered it to become known and used abroad without protecting it by patent, he may have tested it experimentally and publicly and commercially here for full two years, but none of these stand in the way of the completest protection the law affords. All this, too, has been considered wise in principle, and the results have demonstrated its expediency.

It seems almost like excessive liberality to grant such privileges to foreigners as these statements indicate, but the United States patent law knows no foreigners—citizens and aliens are on the same footing. And he who can promote the useful arts in the United States by introducing a valuable and novel invention, being himself the inventor, is entitled under the Constitution and statutes to protection in its enjoyment.

A single restriction, which has sometimes been regarded as a discrimination against the alien, exists in the patent laws of the United States. It is that provision of the statute whereby the term of a patent for an invention which has been previously patented abroad is made to expire with the expiration of the foreign patent, or, if there be more than one, with the term of that having the shortest time to run. This, however, is not in fact a discrimination against the foreigner, since it applies equally to the citizen, and has been made effective by the courts to terminate the patent rights of citizens. It amounts to the claim by the United States, on behalf of her own people, that the invention shall become the property of the public here when permitted to become so elsewhere. This is undoubtedly just in theory, and the same provision is found in the patent laws of nearly every American nation. In practice, there are reasons to doubt its expediency, and the repeal of this provision of law has often been urged.

Another provision of our patent law to be considered in this relation is that relating to publication. Publication of some kind is a feature in the patent law of every country. In some it takes place immediately on the application and before the grant. In others it does not take place until the expiration of the term of the patent. In the United States publication is simultaneous with the grant, everything relating to the invention being kept secret in the Patent Office until that event. This publication is real and thorough. Printed copies of the specification and drawings are exposed for sale. They are furnished to the libraries of the States and of the United States district courts they are distributed to foreign