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
T. N. BENARD.
IMPORTANT MESSAGE FROM THE SECRETARY OF THE CONFEDERATION, COUNT VON
BISMARCK, TO THE NORTH GERMAN FEDERAL PARLIAMENT.
Berlin, December 10, 1868.
In the presence of the manifold and well-founded complaints concerning
the defective state of legislation on Patents in Prussia and Germany, the
Royal Prussian Government deems it important to have considered without
any further delay what course might best be adopted in the matter.
At the same time, however, and with a view to the position long since
taken by Government in regard to the question, it must not be omitted in
the first place to decide whether henceforth Patents should be granted
at all within the boundaries of the Confederation. The frequent polemics
on the principles of Patent-Laws, to which the repeated attempts at
reform have given birth during the last ten years, and more particularly
the discussions in the late German Federal Assembly, have enhanced the
questionability of the usefulness of Patents.
After taking the opinion of the Chambers of Commerce and the mercantile
corporations, the Prussian Government, on the occasion of the German
Federal Assembly Session of 31st December, 1863, gave utterance to the
doubt whether under present circumstances, Patents for inventions may
be considered either necessary or useful to industry. Since then the
Royal Prussian Government has taken the question once more into serious
consideration, and feels bound to answer it in the negative on the
strength of the following arguments.
From a theoretical point of view, it may be taken for granted that the
conferring of an exclusive right to profits which may be derived from
industrial inventions, is neither warranted by a natural claim on the
part of the inventor which should be protected by the State, nor is it
consequent upon general economical principles.
The right of prohibiting others from using certain industrial inventions,
or bringing certain resources and profitable means of production into
operation, constitutes an attack upon the inalienable right which every
man has, of applying each and every lawful advantage to the exercise of
his profession, which is the more obvious, as there exists a prevailing
tendency to free industrial pursuits from all artificial restrictions
adherent to them, and the time-honoured practice can only be upheld by
a thorough vindication and a practical proof of its fully answering the
purpose. To demonstrate this should be the chief aim of all arguments
against abolition.
Public-domain text, read in full here on John Shaqi.
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