Monopolies -- United States; Railroads and state -- United States
and the burdens so long borne by the laboring and producing classes will
be lifted from them, and they will be permitted to enjoy the fruit of
their own labor.
EIGHTH.--_Patent Rights--Cash Payments Recommended in Place of Long
Standing Mortgages on the Genius of American Industry._--We have shown
some of the abuses connected with the patent system of the country, and
their effect upon the people. While the monopoly of inventions is not of
as great magnitude as some others of which we have treated, the
oppressions resulting from it are more annoying than many that engage
general attention. Inventions are patented because they are expected to
be of public benefit, and because it is but just that the inventor
should be rewarded for a discovery or invention that will advantage the
public generally, or individuals who may make use of the invention or
discovery. The monopoly given to the inventor, or discoverer, is to
enable him to compensate himself for the time, labor, and skill, as well
as the talent or genius bestowed upon the invention, and also to
encourage others to enter the lists as inventors or discoverers of new
and useful articles and principles. But our patent system was never
designed for giving a monopoly to any one who happened to shape a plow
handle different from those now in use, or who cut a thread used in
operating a sewing machine in a peculiar manner, or for the many
hundreds of trifling alterations made in many articles in general use,
or in the manner of using them. An examination of the list of patents
issued will demonstrate that not one in ten contains any new principle,
or is of any value to any one, save the patentee. The apparent ease with
which patents are obtained, and the indiscriminate manner of their
issue, is a great and growing evil that should be remedied. No patent
should be issued until a test had demonstrated its perfection and
usefulness. An examination of many articles on which letters patent have
been issued, coupled with the attempt to use them, discloses the fact
that the invention, if it ever could be of any particular value,
required further improvement to make it of such value, and that letters
patent had been issued for an undeveloped theory. If the invention had
been submitted to a practical test, this state of things would not have
occurred, and the public would not have been defrauded. Patented
articles enter so largely in the prosecution of all industrial pursuits
that it is of the utmost importance that they should be perfect in their
plans and construction, and that the government should assume some kind
of responsibility in all cases when letters patent are issued. Such
letters say in substance, that the patented article is new and useful,
and that it is reasonably fit for the work in the view of the inventor.
These letters patent are a letter of credit to the patentee; as a
license permitting him to sell his invention, and forbidding all persons
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