Papers Relating to the Foreign Relations of the United States, Transmitted to Congress, With the Annual Message of the President, December 5, 1892

Mr. Adee to Mr. Phelps.

Department of State,
Washington, September 5, 1892.

No. 465.]

Sir: I am constrained to again invite your attention to the Department’s Nos. 420, of May 19, and 435, of June 15, 1892, in the matter of the discrimination practiced against United States patentees by the German Government, and to inclose for your information a copy of a letter from Mr. Henry Connett, of New York, of the 8th ultimo, which seems to indicate a total discrimination in Germany against citizens of this country in such matters.

The Department has frequently received complaints from private citizens, as well as from official sources, against this action by Germany, and regrets that a different course should not be adopted.

The German patent law now in force proposes to give, as you are aware, a certain privilege to citizens of countries which grant a corresponding privilege to German subjects.

Notwithstanding the fact, well known in Germany, that the Government of the United States does grant that privilege to German subjects, the authorities of that country refuse to take the single step that their law has made necessary, in order that American inventors may enjoy the reciprocal privilege in Germany, where it is of great importance to them.

The subject is one that calls for earnest and continuous effort, until official steps are taken to guarantee to American citizens the benefit of section 2 of the German patent law.

The liberality of our patent laws towards aliens has practically disarmed this Government for controversies with foreign states in which equality of treatment is sought for American inventors.

It is proper to add, however, that Congress in its last session endeavored to remedy this defect by a bill offered by Senator Piatt, July 27 last, entitled “A bill to amend the patent laws.”

This bill provided that “no patent shall be granted for an invention which has been patented or officially made public in any foreign country, unless such country shall grant the same privilege to citizens of the United States, or unless the application shall be made under a treaty or convention between the United States and such country.”

It was read twice and referred to the Committee on Patents.

You will accordingly write again to the minister for foreign affairs upon this subject, unless meanwhile the required publication has been made.

It is not intended that you shall prominently assert the threat of retaliatory legislation, but in mentioning it you may say that Congress having adjourned without final action on the bill it would be very gratifying to the President to announce, at the reopening of its session in December next, that the matter had been disposed of so far as Germany is concerned.

I am, etc.,

Alvey A. Adee,
Acting Secretary.

[Inclosure in No. 465.]

Mr. Connett to Mr. Foster

New York, August 8, 1892. (Received August 9.)

Sir: I inclose herewith a slip cut from a letter from my correspondent in Berlin, respecting the abominable discrimination of the German Government officials against citizens of this country in the matter of patents.

You are doubtless advised as to the new German patent law, which allows three months grace to citizens of such countries as reciprocate, provided the name of such country is published by the German chancellor, as provided by paragraph 2. This country grants to German subjects ample reciprocity, as stated on the slip.

There appears to be no way of meeting arrogant insults of their character except by retaliation, and our Congress should enact at once an amendment of the patent act providing that German subjects shall be subjected to precisely the same restrictions with respect to their applications here that citizens of this country are subjected to there.

I am aware that these matters move slowly, and probably nothing will be done to right us, but the uniform injustice to American applicants for patents in Germany, as contrasted with our exceedingly liberal treatment of German subjects, is exceedingly galling to all of us interested.

Very respectfully,

Henry Connett.

Important.

According to a notice just received from the Patent Office, American inventors must file their cases in Germany before issue in the States, the Patent Office having declared “that United States citizens do not enjoy the privileges offered by paragraph 2 of the new law,” in spite of the United States office practice being more than reciprocal as called for by said paragraph.