Competition; Monopolies -- United States; Trusts, Industrial
It seems clear enough, then, that the monopoly which occurs in the use
of a copyright, is of an entirely different sort from the monopolies
which we have previously considered. Competition is not destroyed by it,
and its only effect upon the public relates to an entirely new
production, which is not a necessity, and which the public could not
have had an opportunity to enjoy if the copyright law had not made it
possible for the author to write the book with the prospect of being
repaid for his labor by the sale of the printed volume.
As already stated, the granting of patents is based on the same
principle as the granting of copyrights. A clause of the Constitution
empowers the general government to grant to authors and inventors for
limited periods the exclusive right to their respective writings and
discoveries.
If we judge the granting of patents by the aims and intentions which are
held in the theory of the law, we must conclude that it is a highly
wise, just, and beneficial act. The man who invents a new machine or
device which benefits the public by making easier or cheaper some
industrial operation, performs a valuable service to the world. But he
can receive no reward for this service, if any one is at liberty to make
and sell the new machine he has invented; and unless the patent laws
gave him the power to repay himself for the labor and expense of
planning and designing his new device, it is altogether probable that he
would not spend his time in inventing.
The wealth which a valuable patent promises has been a great incentive
to the work of inventors, and has undoubtedly been a chief cause of the
great mechanical advancement of the last half century. But the state of
mechanical science has greatly changed from what it was when the clause
of the Constitution was penned which speaks of inventions as
"discoveries." The trained mechanical designer now perfects a machine to
do a given work, with almost the same certainty that it will be
successful in its operation that he would feel if the machine were an
old and familiar one. The successful inventor is no longer an alchemist
groping in the dark. His task is simply to accomplish certain results
with certain known means at his disposal and certain well-understood
scientific principles to guide him in his work. But this statement, too,
must be qualified. There are still inventions made which are the result
of a happy inspiration as well as of direct design. Not all the
principles of mechanical science and the modes of reaching desired ends
are yet known or appreciated by even the best mechanical engineers.
There is still room for inventors whose rights should be protected. The
interpreters of our patent laws have always held the theory that the use
of a natural agent or principle could not be the subject of a patent.
This is undoubtedly wise and just. The distinction should always be
sharply drawn between those existing forces of nature which are as truly
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