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
It is no doubt intentionally that the word _interest_ in this phrase is
put in opposition to the word “right.” But would it not be more correct
to say, the _right_ of the community ought to prevail over the _interest_
of the individual.
Individual right in property is certainly worthy of respect, and cannot
be called in question; but to our thinking, the right of the community
precedes and is superior to it. A part cannot be greater than the whole;
no one can place his right above that of mankind, and the individual
cannot oppose his will, good or bad, on the whole community.
We belong to no learned corporation—a simple volunteer in the army of
economist disputants—and have no other banner than that of the truth;
but we cannot refrain from saying one word in defence of those whom the
learned Belgian speaks of among many others in these terms: “The judgment
of the Academy of Sciences on the steamboat invented by Fulton may help
to form an estimate of the contradiction which experience sometimes
inflicts on the best-intentioned verdict of a committee of _savants_.”
We assert as a fact that if the steamboat presented to the Academy of
Sciences by Fulton were now submitted to the judgment of a committee of
machine builders, they would declare unanimously that the boat could not
navigate. We wish in no way to seek to depreciate the acknowledgments
which mankind owes to Fulton; but his invention, as all are at starting,
was only a sketch, which required half a century of labour to perfect and
to make as practical as it now is.
Here there is room for an observation which must be noted.
The advocates for the principle of property in inventions fall into
ecstacies before a transatlantic steamer, and exclaim, “Behold, what a
crying injustice! what deplorable ingratitude! Society has denied the
rights of the inventor to this wonder of the sea! He died in poverty, or
nearly so.”
Others go further back, and attribute to Solomon de Caux, or to Papin,
all the honour; they forget that between Papin, or Solomon de Caux
and Fulton, a crowd of men of genius brought their contributions
of knowledge, experiment, and work of every kind; and that between
Fulton and the makers of our day there are so many inventors, so many
explorers, fortunate or unfortunate, ridiculous or serious, whose
attempts or applications have helped to perfect the steam-engine, that it
may truly be said that every one has had a hand in it.
It is the same with the railway, the electric telegraph, and the
different machines for spinning, carding, weaving, &c.
IX.
Public-domain text, read in full here on John Shaqi.
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