Monopolies -- United States; Railroads and state -- United States
to sell or use the invention without his consent. Under the present law
it is simply a special favor, in shape of an exclusive right, granted to
an individual to defraud the persons with whom he deals. The law should
be so modified as to make the government or the examining officer
responsible in all cases when patents issued for pretended discoveries
or inventions prove to be neither new nor useful. If such were now the
law, there would be less complaint of frauds practiced by pretended
inventors, and the utter failure of patented articles to answer the
purposes for which they were intended. The law should be so amended as
to prevent oppressions and extortions in the sale and use of articles of
real merit, for which the inventor should be rewarded, and should have
an exclusive right to use and sell his invention. There should be some
limit to the price of the article. Government has given him an
exclusive right; he should be restricted to such prices as would fairly
compensate him for his discovery. His case is not like that of other
men, who in their dealings come in competition, and where this
competition and the laws of demand and supply fix the prices of the
commodities in which they deal. He has the whole business in his own
hands, and any attempt on the part of others to interfere with his
exclusive right is forbidden and punished. We have already stated that
machines sold in this country for $75 could be bought in England for
less than half that sum. Most of the articles and machines of different
kinds patented in this country, and used in Europe, are sold by the
patentees, their agents and assigns, at less than half the sums demanded
here at home. In Europe, where they have no monopoly, no exclusive
right, they come in competition with others; hence they sell at fair
prices. But in this country, where they have an exclusive right, they
extort from the purchaser from one hundred to five hundred per cent on
the cost of the article. This, government should prevent. But a better
way to adjust the whole matter between the public and the inventor would
be for the government to pay a premium according to merit, for all new
and useful inventions, and remove all restrictions. Let all be free to
make, use, and sell, not the invention, but the thing invented. This
course would require careful and thorough examination and experiment
before the principle was indorsed by the government, and the premium
paid. Or, if his invention proved to be new and useful, let government
pay to the inventor such sum as would fairly and liberally compensate
him, and give the invention to the public. Government has bestowed
immense grants of land upon railroad companies, for the avowed purpose
of assisting in the development of the country; with greater justice
could it bestow upon the whole people all useful discoveries and
inventions. Such a course, adopted and executed in good faith, would
make it impossible for adventurers, sharpers, and swindlers to impose
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