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
Here is our answer: He who renders productive some natural agent has an
incontestable property in that agent which he has rendered productive,
but not in all similar or identical agents in nature; he who converts
a certain quantity of water into steam, to obtain a motive force, is
incontestably proprietor of the water he employs and of the steam, as
well as of the force which he obtains, but the remainder of the water,
and of the steam which may be produced from it, and the force which may
be derived from it, remain the common property of mankind; that is to
say, each should have it in his power to employ an unlimited quantity of
water to obtain the same results. The man who first broke up and sowed a
field never could have claimed as property all the ground in the world;
he only retained for himself, and that reasonably and justly, the portion
which he had reclaimed and rendered fertile by his labour.
We may add that he who renders productive some natural agent avails
himself in this work of all the acquired knowledge and all the work
previously done, and he would unduly monopolise it if the community
recognised his exclusive right to it.
It is said that Pascal invented the wheelbarrow; did he not borrow from
the social capital both the wheel and the axle, and the two arms, not to
speak of the species of box which forms with the other parts the whole
wheelbarrow?
Our learned opponent maintains “the perfect identity between the labour
of discovery, and of the putting the soil in culture, and of this same
labour applied to other natural agents which did not exist in indefinite
quantity; and he makes the deduction, having the same result, that
inventors placing at the disposal of mankind new quantities of gratuitous
utility, not hitherto available, deserve the same reward—property in the
natural agent, or portion of this agent, whose gratuitous services have
been acquired by mankind.”
We must allow that we do not know of any natural agent of which the
quantity is not indefinite, excepting only the earth; but steam,
wind, light, electricity, magnetism, the force of attraction, that of
weight, the affinity of particles, their divisibility, their different
properties, may be employed in whatsoever quantities, and still there
would be no perceptible diminution or restraint in the use of them
to any one. The only possible restraint is that which comes from the
unreflecting action of the law, from artificial hindrances and obstacles
which may be made law.
We believe, with Bastiat, that the greatest service that could be
conferred on mankind would be to remove the obstacles which stand between
his efforts and the supply of his wants.
How does M. le Hardy de Beaulieu not see that no one has the right to
make burdensome that which is naturally gratuitous, and that it is just
to exact that no one should appropriate any part of what constitutes
common property?
Public-domain text, read in full here on John Shaqi.
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