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
Patent-right must not be confounded with Copyright. The latter stands
on perfectly different grounds, and can be advocated and upheld, as
he (Mr. Macfie) himself does, in perfect consistency with disfavour
for the former. There can be no rival claimant to the authorship of
any particular book; many persons may honestly and indisputably claim
originality in an invention. The true similarity between these two
subjects of privilege is not between the book and the invention or
machine, but the book and the specification of the invention. When you
buy a Murray’s handbook, a book on medicine, or a commercial guide, you
are at liberty to act on information you find in it, and to travel,
trade, or prescribe, according to the directions you find there. But mark
the contrast in what Patent-Law creates. When you buy a specification,
you know it tells only of certain things that you are not at liberty to
do.
Lastly: I acknowledge that it is legitimate to legislate with a view to
promote or protect trade. The interference, however, which is now wanted
is not a return to the old protective system of discriminative duties,
but the clearing away of evil laws, and especially deliverance from the
bondage and wrongs involved in Patent monopolies.
For the origin of our definite Patent legislation we go back to the
famous statute of James I. of England. At that time the people of this
kingdom were in a state somewhat resembling our present state. They
were desirous to extend trade and introduce new arts and manufactures.
Parliament was powerful and hated monopolies, under which the people
had been writhing. These it reprobated in the spirit of the jurists of
antiquity. While by that statute it swept away all other monopolies, it
permitted, or tolerated, that the Crown should grant the exceptional
privilege for “the sole working or making of any manner of new
manufactures within this realm, to the true and first inventor and
inventors of such manufactures, which others at the time of making such
Letters Patent and grants shall not use, so as also they be not contrary
to the law nor mischievous to the State, by raising prices of commodities
at home or hurt of trade or generally inconvenient.”
Public-domain text, read in full here on John Shaqi.
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