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
Lastly, in the case of some truly great discovery it would be natural to
award a national recompense to the inventor. If James Watt, for instance,
had received from the British Parliament a handsome sum, every one would
have applauded it. These rewards would not impoverish the Treasury, since
similar cases are of rare occurrence.
In recapitulation, Patent-right may have been allowable in the pasts
when science and manufactures had not yet formed so close and intimate
a union. It was advisable to attract towards manufactures, by means of
exceptional inducements, the attention of those who made a study of the
sciences. But now that the union is consummated, Patent-right has ceased
to be a useful auxiliary to industry. It is become, instead, a cause
of embarrassment and an obstruction to progress. The time is come to
renounce it.
Another speaker at the meeting, M. PAUL COQ, thought that, on a question
so delicate and controverted history furnishes instruction which directs
to a right solution. Notably Franklin, a genius eminently practical,
declared himself unwilling to avail himself, as to his numerous
discoveries, of any Patent. The refusal of this great man is founded upon
the principle that every one receives during his whole life ideas and
discoveries from the common fund of knowledge by which all profit, and
therefore ought, by reciprocation, to let the public freely benefit by
every invention of his. This, with Franklin, was not a mere sentimental
truth, but a practical conviction, based upon reasons worthy of the
author of “Poor Richard.” There is in the bosom of society a constant
exchange of beneficial thoughts and services. Every one stimulated by the
efforts of others ought, in the spirit of equity, to make the community
participants of the improvements and useful applications for which he
has in a manner received payment in advance. On this system, equality,
competition, and freedom of industry find their account in the law of
reciprocity; whereas, on the footing of privilege established and defined
by the theory of Patents, there is created an artificial property, along
side of that rightful property which has in it nothing arbitrary or
conventional, and depends simply for its existence on civil law. These
circles, thereby traced round the inventor and his discovery, are so many
hindrances and so many obstacles to the expansion of forces, in the way
of continuous progress. Under pretext of maintaining individual rights,
improvement is in reality paralysed by superimposed difficulties, and
especially litigation without end, on account of which nobody dare touch,
either far or near, what has been appropriated. The numerous actions
at law, raised with a view to ascertain whether such and such a process
constitutes a perfectionation, a new application, or merely an imitation,
are my proof. There is another proof in the distinction attempted to be
made between matters patentable and methods scientific which may not be
patented.
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