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
That learned Professor of the Brussels Museum tells us the inventor has
a right to say to the manufacturer, “Find out my process for yourself
if you can, search for it as I have done; but if you wish to spare
yourself this labour, and avoid the risk of spending it in vain, consent
to yield me a part of the expenses which I save you in simplifying your
appliances.” And he asks us if we find this demand unjust or unreasonable.
Not only do we find this demand just and reasonable, but we maintain
that it is the only one we can recognise. But M. le Hardy de Beaulieu
forgets that, according to the Patent-Laws, things are not thus arranged.
The inventor, with the law in his hand, and the law courts to support
him, says to the manufacturer, “It is forbidden to you to search and to
find; or if you search and find, you are forbidden to use the power or
the agent when you have found it: the process which I have invented is
my property, and no one has the right to use it, even if his researches,
his labour, enable him to discover it; even if he had commenced the
search before me, all his labour is lost. I alone am proprietor of this
agent, power, or process.” If this system be right, he who first rendered
productive the most indispensable natural agent could have confiscated
the whole world to his profit.
III.
M. le Hardy de Beaulieu acknowledges that the savage who first thought of
substituting a hut, as a habitation, for the cave, has not the right to
forbid the construction of others like it.
This concession is as important as the preceding, and we shall probably
end in agreeing. We must now inquire where may be found the exact limit
between inventions of which imitation is allowed, and those in which it
is forbidden.
The man who first made a canoe from the trunk of a tree, either naturally
hollow or artificially by fire, or otherwise,—may he forbid his
neighbours to make one like it?
If he may, where, then, is the difference between the hut and the boat?
If not, what is the reason for this prevention?
From the boat we might gradually go on, up to the latest Patent, by
invisible transitions; and we have still to find the exact point at
which M. le Hardy de Beaulieu might say, There is the limit!
We do not know whether, in the absence of all positive right which would
guarantee a recompense to the inventor of the hut, a natural sentiment
of justice would prompt the savages living in that country to make him
a present of some useful object as a reward for this service, as M. le
Hardy de Beaulieu suggests. We doubt it much; gratitude is an analytic
virtue. The savages would probably have a certain respect for this
man, whom they would look upon as gifted with superior qualities and
faculties, but the presents would only arrive when, the contemporary
generations being extinct, cheats and hypocrites would found on the
inventions of this man some system of religion.
Public-domain text, read in full here on John Shaqi.
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