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 beyond our province to consider the inquiries of M. le Hardy de
Beaulieu as to the best plan of securing to inventors exclusive right in
their discoveries. To take up this question is to undertake the discovery
of the philosopher’s stone, or the squaring of the circle; several
generations have vainly grappled with it, and the different attempts
made without satisfactory results in almost every country prove this
conclusively.
But the honourable Professor seems to calculate on the improvement of
public morals, in order to reach the point where every attempt against
the property of the inventor shall be considered as guilty as robbery, or
as any injury done to property existing in material shape.
Under the uncompromising Protective system also it was attempted to
improve the morals of the public, who would not see the equal guilt of
the smuggler and the robber, and always loudly protested when repression
was enforced by bloodshed.
No reform of public morals will change the nature of these acts; they
will always be received as the appeal of right against abuse; and we
would deeply pity the country where it would be sufficient to say such is
the law, and where no conscience might protest against it.
XI.
“Discovery, the appropriation and creation of outlets, is too complicated
a work,” says M. le Hardy de Beaulieu, “for the inventor singly, and
especially without the aid of capital, to undertake with sufficient
chance of success.”
Here again we believe the learned economist is in error; he seems to
imagine one inventor arriving at perfection either at a jump, or after
many attempts—one inventor giving us at once our ocean steamer, or a
spinning-mill with a hundred thousand spindles! Inventions go more
slowly; when they spring from the brain of the thinker, they are only
sketches, and no man in his senses will risk a large capital before
making many trials, and that only on a small scale. We do not believe
there has been a single invention which, after numerous trials, has not
been modified, improved, and perfected.
And how many have at last been thrown into oblivion, from which they will
never be recalled?
Also, when we see the defenders of property in invention draw a sad
picture of the piercing miseries which inventors of these last have had
to endure, we are always tempted to ask them to show us the pitiful
account of ruin caused among those who placed faith in their promises
and delusions. Every medal has its reverse, and if more than one real
inventor has been misunderstood, many of the too-confident have been
victims of the mad and inapplicable ideas of inventors who imagined
themselves men of genius.
Is the law, which seems to promise an Eldorado to all inventors, to blame
for these losses, for these undeserved sufferings?
Public-domain text, read in full here on John Shaqi.
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