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 — John Shaqi
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
The House will keep steadily in view the wholly different condition of
commerce and the arts at that time. When these monopolies were spared,
trade was very far from being developed. The field of commerce was still
in a great measure clear and unoccupied. The kingdom was, commercially
as well as geographically, detached from the continent. The operations
of trade and the arts were slow, were conducted on a small scale and on
rude systems, and yielded large profits. Exports to foreign parts were
inconsiderable. There were no periodicals to give information as to
anything new in the arts and sciences. Under such circumstances, if new
kinds of business were to be established, it was not unreasonably thought
safe, or even needful, to allure by promise of exclusive privileges. The
very reverse are our present circumstances and condition.
May I be allowed now to call particular attention to the Act. Anybody may
see that it authorised exclusive privileges as something exceptional,
something almost loathed, as “monopolies.” The House may remember how, in
conformity with this view, Patents used to be construed by the judicial
bench with a leaning against them. It was clearly not contemplated that
they were, as they are now, to be had at a comparatively easy price,
by a very simple course of procedure organised to hand, at an office
established and with machinery ready to be set in motion for the purpose.
A rigid testing examination, or severe, perhaps somewhat adverse,
scrutiny was implied. They were granted for England only, then containing
a small population, and requiring not very much for its supply of any
new article. Moreover, the coveted privilege was a concession of no more
than leave or right to “work” or “make” (not vend), and that within the
kingdom, which, although it is the only thing the Act allows Patents to
be granted for, is not required now-a-days. The right was conferrible
only on the patentee himself; whereas now-a-days, and perhaps from the
first, the usage is altogether different; for the patentee is now allowed
to transfer his right, by licence, to others: that is, to vend his
“invention,” taking the noun, not in its sense of a thing made, but of a
method, or idea, or right to make or do a thing. Without this licensing,
it is of consequence to remember, the monopoly would be too grossly
and glaringly bad to be defensible or maintainable. There is another
contrast: by the words of the statute nobody could be patentee but only
the true and first inventor. Besides, the subject of a Patent clearly was
to be something palpable and visible—something that admitted not of doubt
as to what it was or as to its being novel—something respecting which
there could be no fear whatever that it would interfere with any already
existing trade. Above all, a process or operation, especially in a trade
that already existed, does not appear to be contemplated by the statute.
How entirely and sadly different is the present practice in this respect.
Public-domain text, read in full here on John Shaqi.
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