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
Besides, is it certain that the greater part of patentees have had an
idea of their own, and that they have discovered anything which deserves
this name? Of the great majority of patentees this may be doubted, for
various reasons.
The law does not impose on the individual who applies for a Patent the
obligation of proving that he is really the inventor. Whoever has taken
out a Patent may very easily turn it against the real inventor; this has
occurred more than once.
Besides, the law lays it down as a principle that it is not an idea that
is patented, and constitutes the invention valid; and thus it excludes
from the benefit of patenting the _savants_ who make the discoveries, of
which Patents are only the application.
It is by the advancement of human knowledge that manufactures are
perfected, and the advancement of human knowledge is due to _savants_.
These are the men prolific in ideas; it is they who ought to be rewarded,
if it were possible, and not the patentees, who are most frequently only
their plagiarists.
M. Michel Chevalier does not desire systematically to depreciate
patentees. Among them there are certainly many honourable men. The
inventions, real or pretended, which they have patented are supposed to
be new and ingenious uses or arrangements [dispositions], by help of
which we put in practice some one or more specialities of manufacture;
true discoveries are always due to the _savants_. But in general these
arrangements, represented as new, have no novelty.
In the detailed treatises on Mechanics, Physics, and Chemistry, in books
of technology, with their accompanying illustrations, such as are now
published, we find an indefinite quantity of combinations of elementary
apparatus, especially of mechanical arrangements, and very often the work
of professional patentees consists in searching through these so numerous
collections for uses and arrangements, which they combine and group.
What right of property is there in all this, at least in the greater
number of cases?
Against the pretended right of property alleged by the defenders of
Patents there will be much more to say. There exists in the greater
number of cases much uncertainty about the inventors, even when true and
important discoveries are in question. Is it known with certainty who
invented the steam-engine, who invented the aniline dyes, or photography,
even? Different nations are at variance on these points, as formerly
they were on the birthplace of Homer. The fact is, that the majority of
inventions are due to the combined working [_collaboration_] of many men
separated by space, separated by great intervals of time.
Public-domain text, read in full here on John Shaqi.
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