Recent discussions on the abolition of patents for inventions in the United Kingdom, France, Germany, and the Netherlands : $b Evidence, speeches, and papers in its favour — John Shaqi
Recent discussions on the abolition of patents for inventions in the United Kingdom, France, Germany, and the Netherlands : $b Evidence, speeches, and papers in its favour
General
Recent discussions on the abolition of patents for inventions in the United Kingdom, France, Germany, and the Netherlands : $b Evidence, speeches, and papers in its favour
Patents
“That in the opinion of this House the time has
arrived when the interests of trade and commerce,
and the progress of the arts and sciences in this
country, would be promoted by the abolition of
Patents for inventions.”
That your petitioners, believing the proposed total abolition
of Patent-Laws will be of great benefit to the country, are
most desirous that the above-named resolution should be adopted
by your honourable House.
Your petitioners, therefore, humbly pray that the said motion
may pass your honourable House.
And your petitioners will ever pray, &c.
NOTES OF SPEECH OF MR. MACFIE, M.P.
Mr. Macfie, after apologies founded partly on the circumstance that, so
far as he knew, this was the first occasion when the policy of granting
Patents for Inventions had been discussed in Parliament, proceeded to
say, that manufacturers could not be indifferent to improvements. It is
indeed significant that they do dislike Patents, while they appreciate
and honour inventors, even those inventors who claim from the State
exclusive privileges, some of whom have the glory of being among the
greatest benefactors of mankind.
In considering the important subject which he now brought forward, he
submitted that it is not the interest of inventors, nor even the interest
of manufacturers, of agriculturists, of miners, nor of shipping, that
this House should consult, but those of the nation. The question to be
considered is, do Patents, on the whole, promote our national welfare?
Another principle on which he proceeded is, that there can be no property
in ideas. The Creator has so constituted nature that ideas can be held in
common, which is not the case with things material. Letters Patent for
inventions have been instituted in order to confirm to certain persons,
and deprive every other person of, the common, natural right to act on
the ideas or knowledge there patented. These exclusive privileges, while
they last, are, of course, property.
Further: It is a recognised principle, that the State is not bound to
grant Patents. These are grants dictated by royal favour. In the words of
Stephens’ Commentaries: “The grant of a Patent-right is not _ex debito
justitiæ_, but an act of royal favour.” Every Patent is a voluntary
transference by the State to an individual of power for fourteen years
to tax at pleasure other persons for making or doing the thing patented;
aye, if he likes, to prohibit or withhold the thing altogether.
Public-domain text, read in full here on John Shaqi.
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