Page:Reciprocity in respect to patents and patent rights. A scheme for the consideration of the International American congress (IA reciprocityinres00seel).pdf/8

 under a system of exchange, while the original record of the case, and all proceedings in the Patent Office concerning it, may be inspected by any one. This complete disclosure to the public is in conformity with the terms of the contract, and is in the interest both of the public and the inventor, serving to define to all concerned the metes and bounds of his privilege, to avoid unintentional trespass, and to inform the public with great exactness of the rights to which they are ultimately to succeed. Such disclosure stimulates other inventors, and many a crude and unprofitable invention has under this system become the parent of vast industries.

What has been said indicates sufficiently the favor extended by the patent laws of the United States to the foreign inventor. Be he the inventor, or in good faith believing himself to be so, he comes to the Patent Office in every respect on the same footing as a citizen. He is not required to first obtain protection at home, and no special fees or exactions are imposed on him. Like the citizen, he may work his patented invention or not, as he pleases, since the only obligation he incurs is that of giving it to the public at the expiration of its term. In the courts he may bring suit for infringement, and will find in these tribunals that an alien friend is entitled to, and will receive, the same protection in his rights as a citizen. And all this is irrespective of treaties; it is the simple result of the law.

In proposing terms of reciprocity in respect to patents, it is not possible for the United States to propose anything less liberal than her own law. She can not ask of the other powers any terms under which they shall not give to her citizens what, without a treaty, and by her own statute, she gives freely to theirs. With this view, and to adapt the propositions of the United States for the intelligent and orderly consideration of the Congress, the following scheme is presented in the form of articles:

Subjects or citizens of each of the contracting states shall enjoy in all the other states, in respect to patents for invention, all the rights their respective subjects or citizens now possess or may hereafter possess. They shall have the same protection and the same legal recourse against all infringements of their rights, subject to the formalities and conditions imposed by