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
Bernard de Palissy’s saying, “Poverty hinders the success of the clever
man,” is often quoted. But this saying will always be true, whatever the
law may be. Can we admit that if perpetual property of invention had
existed in his time, Bernard would more easily have found the money which
he required?
The success of an invention is secured by the services it can render
being easily understood, immediate, and speedily realisable. The
capitalist, in dealing with hazardous undertakings—and inventors’
undertakings “are always hazardous”—does not calculate on perpetuity.
He works for immediate and large profits; he is in a hurry to realise,
because he knows that some other invention may dispossess him of all his
advantages. Little does he care, therefore, about the perpetuity.
XII.
In his twelfth and last paragraph the learned Professor answers several
minor objections to the system of property in inventions—objections which
seem to us not to carry great weight.
However, in answer to the objection taken from the case of two
applications for similar Patents, made at intervals of a few minutes
only, the eminent economist says that this case occurs only at rare
intervals, and making light of the rights of the slower, affirms that it
is not worth considering. Does not this denial of a right on account of
its infrequency, however, seem to show how arbitrary and artificial is
the constituting of property in invention?
We are among those who believe in the harmony of all economic relations,
of all legitimate interests; and when we see the right of one sacrificed
to false exigencies, we mistrust the exigencies. We believe them unjust
and contrary to the principles of equity, which forms the basis of all
economic science. We should wish to have seen M. le Hardy de Beaulieu
more logical in his deductions, claiming, as he has done, for real
property [la propriété foncière] that the right of one ought to prevail
over the interest of the greater number, and give a chance of obtaining
an indemnity, if he could not be assured of a part of the property
[Donner ouverture a l’obtention d’une indemnité si l’on ne pouvait lui
assurer une part de propriété].
But we repeat, these questions of the arrangement [organization] of
property, which we do not acknowledge, are beyond our province, and
if we accidentally touch upon them, it is only to show how little the
foundations of this right are similar to those on which rests the
principle of material property.
In recapitulation, we reject property in inventions and the advantages
claimed for it, because it seems to us that all this scaffolding of legal
prescription and Government protection only results in throwing out of
their natural course a crowd of workmen who would become more useful to
society and to themselves in ceasing to pursue chimeras.
Public-domain text, read in full here on John Shaqi.
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