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
Five other establishments, raised by Swiss people but under the direction
of Frenchmen, are being founded at Bâle, Zurich, Glaris, and Saint Gall.
Then there are still to be founded, the factory of M. A. Wurtz, brother
to Professor Wurtz at Leipsic; another, by M. O. Meister at Chemnitz; a
French factory at Elberfeld; three, also French, in Belgium; and three
others in Switzerland.
It is, in fact, a general expatriation, like the one that followed the
revocation of the Edict of Nantes. It is worthy of remark that in Germany
there are twelve Patents for making colours or dyes from aniline; in
England there are fourteen, in France (thanks to the interpretation given
to the law) there is _one_. “_Et nunc caveant consules._”
T. N. BENARD.
[6] Extract of a paper on the subject in the _Propriété Industrielle_.
II.
In our number of November 1, 1862, we published on this very same
question an article in which we stated that about twenty French
manufacturers had been forced to go abroad to escape the unheard-of
exigencies of the law of Patents. We were answered by insults that we
disdained; but the facts that we had revealed were not contested.
A volume just published on the legislation and the jurisprudence of the
law of Patents enables us to show another side of the question, and
to prove how injurious it is to manufacturers and inventors, and how
profitable to certain gentlemen of the Bar who have the speciality of
cases for infringement on Patents. We say it openly and fearlessly, if
it was not for the lawyers who swim freely amongst the windings of that
law, it would not have a supporter. Manufacturers and inventors are
shamelessly made a prey to a group of pleaders who defend right and wrong
with the same deplorable alacrity.
What an immense number of law-suits have arisen from the 54 articles of
that law! The volume we have in hand has been written with the intention
of giving to the public a view of the jurisprudence adopted by the Courts
in the interpretation of each paragraph. A summary of the trials that
have taken place since its promulgation in 1844 follows each article of
the law.
Article I. is as follows: “Every new discovery or invention, in all kinds
of industry, ensures to its author, under the conditions and for the
time hereafter determined, the exclusive right to work for his benefit
the said discovery or invention. This right is established by documents
granted by the Government, and called Patents.”
The first trial that we find in the list took place in 1844. The question
was, Whether the words _all kinds of industry_ could be applied to things
that are not in trade? The Court’s decision was for the affirmative.
Public-domain text, read in full here on John Shaqi.
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